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 AND/OR when there could be an opportunity to include an Indigenous Participation Plan (IPP).

Indigenous Considerations in WR Government Procurement

THE WHAT:

This Wiki page is a starting point to explore and understand GOC's obligations for when there's a requirement located a Modern Treaty (also known as Comprehensive Land Claim Agreements [CLCAs]) area and/or if you are considering Indigenous opportunities in your procurement, in general (not located in a Modern Treaty area). Requirements that are subject to Modern Treaties often require a unique set of procedures and must be reviewed by our Modern Treaty Support Team. The resources found in this section will help you through these procedures and direct you to the applicable resources.

THE WHY:

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.

The following link provides more information. https://www.gcpedia.gc.ca/wiki/Procurement_Policy_Division,_Treasury_Board_of_Canada_Secretariat/Mandatory_Procedures_for_Contracts_Awarded_to_Indigenous_Businesses

THE HOW:

MODERN TREATIES AND THE NUNAVUT LAND CLAIMS AGREEMENT

Modern Treaties

Modern Treaties (also known as Comprehensive Land Claim Agreements [CLCAs]) area - minus the Nunavut Settlement Area (NSA) (please see Nunavut Information and Procedures tab).
Most requirements that take place in a Modern Treaty (CLCA) area must include Indigenous Benefit Plan (IBP) (as known as Indigenous Opportunities Considerations [IOC]). There are no requirements that are too big or too small. We must take every opportunity to realize socio-economic benefits in federal contracting. Please explore this page as it will help you to understand your obligations and will point you to the appropriate resources to support you in your implementation.

Nunavut Land Claims Agreement

Most requirements that take place in the NSA must include Inuit considerations including Inuit and Nunavut benefit evaluation criteria. There are no requirements that are too big or too small. We must take every opportunity to realize socio-economic benefits in federal contracting. Please explore this page as it will help you to understand your obligations and will point you to the appropriate resources to support you in your implementation.

** NEW** November 2021, CSPS released a 5 and a half minute video titled “Introduction to Procurement Obligations in the Nunavut Settlement Area”! Click here to WATCH!

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?

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 or treaty rights of Indigenous 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.

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.

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. It contributes to Canada's ongoing efforts towards reconciliation with Indigenous peoples by recognizing and addressing past injustices.

When does the Nunavut Directive apply?

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Western Region Modern Treaty Guide

The Western Region Modern Treaty Support Team has created a reference guide to provide PSPC's clients with an overview of the key activities required to be taken and considered when completed a procurement project within a Modern Treaty(CLCA) area.
You can access the Full Guide hereFile:Western Region Modern Treaty Guide (1).pdfYou can access the one-pager hereFile:WR Modern Treaty Guide - One Pager 20220126.pdf

Indigenous Market Capacity

Below you will find a list of Indigenous Business Directories that can help assess Indigenous Capacity for your requirement.

Indigenous Business Directories:https://www.sac-isc.gc.ca/rea-ibd (Contact ISC for assistance performing advanced search)

Standing Offers and Supply Arrangements Application (SOSA App): https://buyandsell.gc.ca/standing-offers-and-supply-arrangements-application/my-agreements

For a list of Inuit businesses for the James Bay and Northern Quebec Agreement and for the Nunavik Inuit Land Claims Agreement, consult the Makivik Business website. https://www.makivik.org/subsidiary-companies/

For a list of Cree businesses for the James Bay and Northern Quebec Agreement, consult the Grand Council of the Crees business directory. https://www.cngov.ca/commerce-industry/our-businesses/?highlight=telephone%20directory

For a list of Naskapi businesses in the Northeastern Quebec Settlement Area, consult the Naskapi Business Directory:http://www.naskapi.ca/en/Business-Directory

For a list of Inuvialuit businesses in the Inuvialuit Settlement Region, consult the Inuvialuit Business List: http://www.irc.inuvialuit.com/business/inuvialuit-business-list-ibl

For a list of Gwich'in businesses in the Gwich'in Settlement Area, consult the Gwich'in Business Directory: https://gwichin.biz/index.php/registered-business/

For a list of Inuit businesses in the Nunavut Settlement Area, consult the Inuit Firm Registry: http://inuitfirm.tunngavik.com/

For more information on Tlicho businesses, visit the Tlicho Business website: http://www.tlicho.ca/businesses

For a list of Inuit businesses in the Labrador Inuit Settlement Area, consult the Nunatsiavut Government's Business Directory page: http://business.nunatsiavut.com/business-directory/

For a list of Kwanlin Dun First Nation businesses, consult the Kwanlin Dun Business Listings website: http://www.kwanlindun.com/index.php/kdfn_business_listings/

For a list of Na-Cho Nyak Dun businesses, consult the Na-Cho Nyak Dun Development Corporation Businesses and Partnerships website: https://www.nnddc.ca/businesses

For a list of Tsawwassen First Nations businesses, consult the Tsawwassen Business Directory website: http://tfnedc.com/wp-content/uploads/2017/01/TFN-Businesses-Artisan-Directory-June-2017.pdf

For a list of Maa-Nulth First Nations businesses, consult the following Maa-Nulth First Nations business websites:

Huu-ay-aht First Nations: https://hfngroup.ca/our-businesses/
Ka:’yu:’k’t’h’/Che:k’tles7et’h First Nations: http://www.kyuquotbc.ca/kcfn-businesses/
Toquaht Nation: Canadian Council for Indigenous Business: https://www.ccab.com/

Union Gas: https://www.uniongas.com/about-us/community/indigenous/business-list

Indigenous Business and Investment Council: https://www.bcibic.ca/

Canadian Indigenous and Minority Supplier Council:http://www.camsc.ca

Province of Manitoba: https://www.gov.mb.ca/inr/

Province of Ontario: https://www.ontario.ca/page/indigenous-businesses-bidding-government-contracts

Native Women’s Association of Canada: https://www.nwac.ca/womens-business-directory/

Certified Métis Business Directory SaskMétis Business Directory | Certified Saskatchewan Métis Business (saskmetisworks.ca): https://saskmetisworks.ca/

Training Resources

GCCampus online courses – Canada School of Public Service Indigenous Learning Series

1. Federal Implementation of Modern Treaties and Self-Government Agreements (K208) https://catalogue.csps-efpc.gc.ca/product?catalog=IRA145&cm_locale=en

Topics include:

understanding the historical, legal and policy context of modern treaties and self-government agreements
reviewing the content and structure of agreements
clarifying the roles and responsibilities of federal officials
reviewing the implementation process and its challenges
building strong relationships and resolving disputes

2. Indigenous Learning Series: https://learn-apprendre.csps-efpc.gc.ca/application/en/content/indigenous-learning-series In this section, there is a series of podcasts of stories from Indigenous Public Servants, video, a historical timeline and cultural protocols guide.

3. GCampus courses: A Journey Towards Reconciliation: Canada through a New Lens (on-line)