We are currently moving our web services and information to Canada.ca.

The Treasury Board of Canada Secretariat website will remain available until this move is complete.

Contracting Policy Notice 1997-8



Section 3. Gwich'in Comprehensive Land Claim Agreement - December 22, 1992

Contracting Authorities should refer to Gwich'in Comprehensive Land Claim Agreement for Definitions and General Provisions Sections 2 and 3 respectively. This section of the policy reflects the Government contracting obligations addressed in Articles 10.1.4 and 25.1.10, as well as Appendix C, sections 9.7, 11.6, 13.6, and 17.2 of the Agreement.

10.1.4 ECONOMIC MEASURES

Where the government carries out public activities in the settlement area which gives rise to employment or other economic opportunities and government elects to enter into contracts with respect to those activities:

  1. the Government of Canada contracting procedures and approaches intended to maximise local and regional employment and business opportunities, including the provision of opportunities for potential contractors to become familiar with the bidding systems, or
  2. the Government of the Northwest Territories preferential contracting policies, procedures and approaches intended to maximise local, regional and northern employment and business opportunities

shall be followed respectively by Canada or the Government of the Northwest Territories.

25.1.10 HERITAGE RESOURCES

The Gwich'in shall have preference in being hired at public sites, museums, heritage resource projects, archaeological works and similar public facilities and projects in the settlement area related to Gwich'in heritage resources, in a manner to be set out in the protected area agreement or, where there is no protected area agreement, in the management or work plans for the public sites, museums, projects, facilities and works referred to in this chapter. The Gwich'in Tribal Council shall be consulted in the development of such plans.

APPENDIX C

9.7 ECONOMIC OPPORTUNITIES

9.7.1 Canada shall provide written notice to the Tetlit Gwich'in of any invitation for public tenders in respect of contracts associated with the management of heritage sites directly related to the history or culture of the Tetlit Gwich'in.

9.7.2 The Tetlit Gwich'in shall have the first opportunity to accept any fixed term contract offered by Canada associated with the management of a designated heritage site in the primary use area.

9.7.3 Any failure to provide written notice pursuant to 9.7.1 shall not affect the public tender process or the contract awards resulting therefrom.

9.7.4 Failure to provide a first opportunity pursuant to 9.7.2 shall not affect any fixed term contract associated with the management of designated heritage sites.

9.7.5 Canada shall include in any public tender in respect of contracts associated with the management of designated heritage sites in the primary use area:

  1. a criterion for Tetlit Gwich'in employment; and
  2. a criterion for special knowledge or experience related to the designated heritage site.

9.7.6 Nothing in 9.7.5 shall be construed to mean that a criterion for Tetlit Gwich'in employment be the determining criterion in awarding any contract.

11.6 EMPLOYMENT AND ECONOMIC OPPORTUNITIES

11.6.1 (a) Where employment in surveying of Tetlit Gwich'in Yukon land is generated as a direct consequence of this appendix, Canada shall include a criterion for Tetlit Gwich'in employment in any contract opportunities associated with the survey of Tetlit Gwich'in Yukon land.

(b) Nothing in (a) shall be construed to mean that the criterion for Tetlit Gwich'in employment shall be the determining criterion in awarding any contract.

11.6.2 (a) Where economic opportunities and benefits are associated with the survey of Tetlit Gwich'in Yukon land, the Tetlit Gwich'in shall have access to these opportunities and benefits. Any contract issued for the survey of Tetlit Gwich'in Yukon land shall contain the condition that the Tetlit Gwich'in and Tetlit Gwich'in businesses with the necessary qualifications and experience shall be given first consideration in providing technical and support services associated with the contract. A list of Tetlit Gwich'in businesses and Tetlit Gwich'in interested in providing such services to potential contractors for such surveys of the Tetlit Gwich'in Yukon land shall be included with all requests for proposals, and documentary proof the Tetlit Gwich'in' businesses and Tetlit Gwich'in were given first consideration shall form part of a contractor's proposal.

(b) Where Tetlit Gwich'in Yukon land abuts settlement lands of the First Nation of Na'cho N'y'ak Dun shall agree on how to share the economic benefits in (a).

13.6 ECONOMIC OPPORTUNITIES

13.6.2 Government shall provide written notice to the Tetlit Gwich'in of any invitation for public tenders in respect of contracts associated with silviculture within the primary use area.

13.6.3 The Tetlit Gwich'in shall have the first opportunity to accept any fixed term contract offered by government associated with silviculture within the primary use area.

13.6.4 Any failure to provide a first opportunity pursuant to 13.6.2 shall not affect the public tender process or the contract awards resulting therefrom.

13.6.5 Failure to provide a first opportunity pursuant to 13.6.3 shall not affect any fixed term contract entered into associated with silviculture within the primary use area.

13.6.6 Government shall include a criterion for Tetlit Gwich'in employment in any contract opportunities associated with silviculture within the primary use area.

13.6.7 Nothing in 13.6.6 shall be construed to mean that a criterion for Tetlit Gwich'in employment shall be the determining criterion in awarding any contract.

17.2 CONTRACTING

17.2.1 For contracts to be awarded in the primary use area, Canada undertakes to include on contract lists the names of those qualified Tetlit Gwich'in who have indicated an interest in contracting.

17.2.2 The Tetlit Gwich'in may request information from a federal contracting authority on contracts awarded in the Yukon. Where such information is publicly available the authority shall make all reasonable efforts to provide the requested information.

17.2.3 At the request of the Tetlit Gwich'in, Canada shall provide information on how to access federal supply and services contracts and standing offers, and how to register on lists or inventories which Canada uses for contracting.

17.2.4 Where practicable, provision of information in 17.2.3 shall be through seminars and workshops.

17.2.5 Canada shall ensure that the Tetlit Gwich'in are advised on how to access federal contracting, and that the Tetlit Gwich'in and businesses owned by the Tetlit Gwich'in are given full opportunity to be registered on any lists or inventories Canada uses for contracting purposes.

17.2.6 Any criteria for northern preference in contracting in the primary use area shall not exclude the Tetlit Gwich'in.

 



Date modified: