On May 9, 2024, Bill 61, Loi édictant la Loi sur Mobilité Infra Québec et modifiant certaines dispositions relatives au transport collectif, was introduced by the ministère des Transports et de la Mobilité durable (“Bill 61”). Bill 61 establishes Mobilité Infra Québec, a legal entity mandated by the government to carry out, at the government’s request, the opportunity analysis, planning and implementation of complex transportation projects, all with a view to sustainable mobility. Bill 61 is part of the Québec Strategy for Public Infrastructure – Quality Infrastructure, Delivered Faster and at a Better Price (the “Strategy”), which focuses on three objectives: accelerating project delivery, obtaining better value for money and improving the state of Québec’s public infrastructure.

The Strategy: The Québec public infrastructure Strategy embodies the government's determination to optimize every public dollar invested to provide quality infrastructure and improved services to all citizens, regardless of the region. In harmony with other government initiatives, this Strategy is structured around four areas of intervention: 1) optimized planning (overall and by project), 2) market competitiveness, 3) government agility, and 4) better monitoring of project performance and condition of the real estate stock.

Mission and powers: The creation of Mobilité Infra Québec will enhance the government's ability to manage complex transportation infrastructure projects. Mobilité Infra Québec's mission will be divided into two parts:

• Carry out opportunity analyses, planning and implementation of any complex transportation project entrusted by government; and
• Carrying out, at the government's request, transportation or public transit analyses and preparing project-related performance and accountability frameworks.

It will have the power to acquire, on its own behalf or on behalf of the government, buildings required for the planning or the realization of a complex transportation project, by mutual agreement or by expropriation, and will also be able to create subsidiaries that will carry out activities similar to its own. Bill 61 stipulates that, unless otherwise agreed, Mobilité Infra Québec will not become the owner of assets built or rebuilt under its responsibility, and will not be responsible for their maintenance or operation.

Complex transportation projects and other responsibilities: Mobilité Infra Québec will be responsible for the planning, implementation and coordination of complex transportation projects, as well as aspects related to the occupation of public roads, infrastructure development and agreements with the municipalities concerned. The complex transportation projects that may be entrusted to it may involve any of the following:

• The construction, reconstruction or repair of a building or civil engineering work intended for transportation or useful to a transportation system, and includes the acquisition of all assets required to operate a transportation system, such as rolling stock; and
• The development or improvement of an intelligent transport system.

Mobilité Infra Québec will also be responsible for performing transportation analyses entrusted to it by the government, including mobility planning. This planning, which includes the coordination of various transportation services, as well as the maintenance, improvement and replacement of transportation equipment and infrastructure, must be carried out with a view to sustainable development and reducing the carbon footprint. 

Tendering process: Mobilité Infra Québec may issue calls for tender for projects for which it is responsible for the planning and execution. When Mobilité Infra Québec is entrusted with the responsibility of a project for which a call for tenders has already been issued, the organization that initiated the tendering process will assume responsibility until the contract is concluded and Mobilité Infra Québec will replace it thereafter. In the case of a project for which a call for qualification process is already underway, Mobilité Infra Québec will take responsibility for the process only after qualification, and will be able to launch the call for tenders in due course. For projects already launched and falling under its responsibility, Mobilité Infra Québec will also have the power to cancel or suspend any call for qualification or call for tenders in progress. Mobilité Infra Québec will replace the original contracting authority in contracts associated with projects it is responsible for, unless otherwise specified by the government, while retaining recourse against the original contracting authority in the event of a breach of its obligations.

To the extent that the bill passes the National Assembly, Mobilité Infra Québec will not only play a key role in the planning and implementation of complex transportation projects in Québec, but will also represent a further step towards sustainable development.

If you have any questions about the above or other issues related to construction law, public infrastructure or public-private partnerships, please do not hesitate to contact Ilan Dunsky, Lampros Stougiannos, Charles Bardou or Audréanne Poulin, or any other member of Dentons Canada's Infrastructure and PPP Group.