Western Region Modern Treaties Support

Français - English

Hello and welcome to the Western Region Modern Treaties Support GCwiki page!

NOTE: THIS PAGE PROVIDES GUIDANCE TO WESTERN REGION DEPARTMENTS ONLY. AS SUCH, THIS INFORMATION IS ONLY AVAILABLE IN ENGLISH

                                                   **This page is considered an ever-green resource** 

This page is intended for Western Region client departments to provide support and guidance when procurements requirements are located in a Modern Treaty, Nunavut Settlement Area, (NSA) and/or when there could be an opportunity to include an Indigenous Participation Plan (IPP).

Indigenous and Inuit Considerations in Federal Procurement

Page Overview

This GCwiki is a starting point to explore and understand the Government of Canada's obligations when there are procurements in Modern Treaty areas, Nunavut Settlement Area, or if you are considering Indigenous opportunities in your procurement. The Western Region Modern Treaty Support Team's intent is to provide support and guidance while empowering you to make decisions.

Why are these considerations important?

Considering Indigenous opportunities in procurement is strongly encouraged and can be found in our Minister's mandate letter. There is no requirement too big or too small. We must take every opportunity to realize social benefits in federal contracting. We must develop and sustain a positive working relationship with the claimant groups, northern partners, be proactive and develop trust, encourage open communication, be flexible but realistic and realize that each agreement is unique.

The Government of Canada has made a commitment that a mandatory minimum target of 5% of the total value of contracts be awarded to Indigenous businesses (“5% target”) annually.

More information on the 5% target can be found here

Modern Treaties

What are Modern Treaties?

Modern Treaties, also known as Comprehensive Land Claim Agreements (CLCAs), are negotiated between Indigenous groups, the Crown, and other governments, aim to clarify land and resource rights while also addressing Indigenous cultural, social, political, and economic interests. These treaties often include specific provisions related to procurement, designed to:

• Maximize/increase economic opportunities for Indigenous beneficiaries
• Promote Indigenous employment, training, skills development, and subcontracting opportunities

It's crucial to remember that each treaty is unique and needs individual examination to understand its specific contracting obligations.

A list of Modern Treaties currently in effect can be found here

Why are Modern Treaties important?

Modern Treaties are law and demonstrate our commitment towards reconciliation. Modern Treaties are a way of recognizing and respecting right and cultures of Indigenous peoples in Canada, they are also key part of recognizing the unique history of Indigenous peoples.

When do Modern Treaties apply?

Modern Treaties apply when procurement(s) exist within a Modern Treaty area.

Contracting Authorities must consult the Aboriginal and Treaty Rights Information System (ATRIS), which is an web-based tool that provides site-specific information on potential or established Indigenous and Inuit or treaty rights of Indigenous and Inuit peoples across Canada.

You can sign up for online webinars on ATRIS and it's key functions here

Indigenous Participation Plans

What is an Indigenous Participation Plan?

An Indigenous Participation Plan (IPP) is a plan that bidders include in their proposals to procurement opportunities that include bidder's commitment(s) to incorporate meaningful engagement with Indigenous businesses and peoples. This includes, but is not limited to, Indigenous employment, training, skills development, subcontracting, and other forms of indirect benefits throughout the duration of the contract.

An IPP creates a blueprint for collaborating with Indigenous communities and businesses, it is a way to ensure everyone wins. The IPP outlines how Indigenous people can be involved throughout a contract, from award to contract management.

The goal is to create opportunities for Indigenous people to benefit from the procurement through Indigenous employment, training, skills development, ownership and/or subcontracting. So, it's a way to ensure everyone benefits and works together successfully.

Why is an Indigenous Participation Plan important?

The IPP creates opportunities for Indigenous communities to benefit economically through creation of jobs, offering training programs, or awarding subcontracts to Indigenous businesses. This can lead to increased income, skills development, and overall economic growth within Indigenous communities.

IPP also fosters positive relationships and builds trust. By involving Indigenous people from the start and respecting their perspectives contracts are more likely to be successful and have a positive impact on everyone involved. This collaborative approach strengthens relationships between Indigenous communities and non-Indigenous organizations fostering a spirit of cooperation and understanding.

IPPs are just one step for ensuring responsible procurement in Canada. They promote economic opportunities for Indigenous communities while building strong, respectful relationships.

When do Indigenous Participation Plans apply?

IPPs are mandatory in Modern Treaty areas. IPPs can be used in non-Modern Treaty areas and when doing so it is important to conduct market research to determine what opportunities their could be opportunities to incorporate Indigenous benefits.

To see if there's an opportunity to incorporate Indigenous benefits you can search the Indigenous Business Directory here

Nunavut Directive

What is the Nunavut Directive?

The Nunavut Directive is a policy established by the Government of Canada as part of the Nunavut Land Claim Agreement. The core principle of the Nunavut Directive is to ensure fairness and opportunity for Inuit businesses when the government needs to hire companies for projects or services in Nunavut. It includes provisions designed to promote:

• Open competition: Inuit businesses have a fair chance to compete for government contracts alongside other companies.
• Creation of a level playing field: The government provides support and assistance to Inuit businesses to help them build capacity and compete effectively.
• Maximizing of benefits: The Directive encourages businesses awarded contracts to prioritize hiring Inuit employees, providing training opportunities, and involving Inuit businesses in subcontracting.

Ultimately, the Nunavut Directive seeks to promote economic development and participation for Inuit communities in Nunavut, fostering a more equitable and sustainable future for the region.

More information on the Nunavut Directive can be found here

Why is the Nunavut Directive important?

The Nunavut Directive ensures Inuit businesses have a fair shot at competing for government contracts in their own territory, addressing historical economic disadvantages. By supporting Inuit businesses, the Directive aims to boost economic development and create jobs within Inuit communities. It empowers Inuit communities to participate more actively in the local economy, fostering self-reliance and reducing reliance on external resources. The Directive encourages utilizing expertise and knowledge specific to the region, leading to projects better suited to the needs of Nunavut.

When does the Nunavut Directive apply?

The Nunavut Directive applies when requirements when final delivery point(s) for procurement(s) exist within the Nunavut Settlement Area.

Contracting Authorities must consult the Aboriginal and Treaty Rights Information System (ATRIS), which is an web-based tool that provides site-specific information on potential or established Indigenous and Inuit or treaty rights of Indigenous and Inuit peoples across Canada.

You can sign up for online webinars on ATRIS and it's key functions here

Resources

General

• 5% target
• Indigenous Peoples: A Guide to Terminology
• Duty to Consult

Modern Treaties

• Modern treaties in effect
• ATRIS
• ATRIS Training Opportunities
• Guide for Federal Implementers of Comprehensive Land Claims and Self-Government Agreements
• Modern Treaty Business Directories
• Western Region Modern Treaty Guide - Full Guide
• Western Region Modern Treaty Guide - One-pager

Indigenous Participation Plans

• Indigenous Business Directory

Nunavut Directive

• Directive on Government Contracts, Including Real Property Leases, in the Nunavut Settlement Area
• ATRIS
• ATRIS Training Opportunities
• Guide on Government Contracts in the Nunavut Settlement Area
• Nunavut Agreement: Article 24
• Inuit Firm Registry

Training

• COR409: Indigenous Considerations in Procurement
• COR410: Procurement in the Nunavut Settlement Area

Contacts

• Western Region Modern Treaty Support Team
• Indigenous Procurement Policy Directorate