Federal Contracting in Comprehensive Land Claims Areas: Frequently Asked Questions

Q1.Why did Canada post this report?

A1. The report complies with new Treasury Board of Canada policy requirements around the monitoring and reporting of federal contracting activity in comprehensive land claim agreement areas.

It also fulfills a commitment made by the federal government to implement an Auditor General recommendation, made in a 2007 report concerning the Inuvialuit Final Agreement, to improve the reporting and monitoring of contracting activities that benefit the residents and firms in areas covered by comprehensive land claim agreements. The posting of this report is also in keeping with Canada's commitment to transparency and accountability to Canadians.

AANDC has compiled and posted the information. AANDC and Treasury Board Secretariat are working together to ensure that federal departments meet their respective legislative obligations with respect to monitoring and reporting of contracting activity in comprehensive land claim areas.

Q2. What is new in the Treasury Board of Canada policy requirements?

A2. These policy requirements set out dates for departments and agencies to report their contracting information, set out the type of information that departments and agencies are to collect and outlines how and where the data will be reported. The policy requirements also include provisions that oblige Canada to publicize a report on contracting activity in comprehensive land claim agreement (CLCA) areas on a quarterly and annual basis.

The policy requirements can be accessed on the Treasury Board  Website.

Q3. What is AANDC's role in implementing these policy requirements?

A3. AANDC is responsible for compiling the information on federal contracting activity that has been submitted by departments and agencies into quarterly reports and for posting these reports on the department's website. Additionally, AANDC has responsibility for compiling the information submitted by government departments and agencies for annual reports on federal contracting activity and for posting these reports on the department's website. AANDC is also responsible for reporting on its own contracting activity in comprehensive land claim agreement areas.

Q4. Which contracts/contracting activities are required to be reported and which departments or agencies are required to report their information?

A4. All contracts, including supply arrangements, standing offers, acquisition card (credit cards) and cash expenditures where the final good or service is delivered in a comprehensive land claim agreement area must be reported. 129 federal departments and agencies are required to report their information.

Q5. Which comprehensive land claim agreements are impacted by the new Treasury Board policy requirements?

A5. The following CLCA's are impacted by the new policy requirements:

  • Labrador Inuit Land Claim Agreement
  • Gwich'in Comprehensive Land Claim Agreement
  • Inuvialuit Final Agreement
  • Sahtu Dene and Metis Comprehensive Land Claim Agreement
  • Tlicho Agreement
  • Nunavut Land Claims Agreement
  • Nunavik Inuit Land Claims Agreement
  • James Bay and Northern Quebec Agreement
  • North Eastern Quebec Agreement
  • Umbrella Final Agreement between the Government of Canada, the Council for Yukon Indians and the Government of the Yukon
  • Carcross/Tagish First Nation Final Agreement
  • Champagne and Aishihik First Nation Final Agreement
  • Kluane First Nation Final Agreement
  • Kwanlin Dun First Nation Final Agreement
  • Little Salmon/Carmacks First Nation Final Agreement
  • First Nation of Nacho Nyak Dun Final Agreement
  • Selkirk First Nation Final Agreement
  • Ta'an Kwach'an First Nation Final Agreement
  • Teslin Tlingit Council Final Agreement
  • Tr'ondëk Hwëch'in Final Agreement
  • Vuntut Gwitchin First Nation Final Agreement
  • Nisga'a Final Agreement
  • Tsawwassen First Nation Final Agreement

Q6. Are the contracting obligations the same for all comprehensive land claim agreements?

A6. No two agreements are the same. In some instances, the comprehensive land claim agreement contracting obligations are limited to providing notification to the claimant groups of the upcoming procurement. In other instances, they are more comprehensive. For example, some CLCAs call for the generation of benefits such as employment, on the job training, skills development, and sub-contracting opportunities for Aboriginal businesses.

You can find additional information about the contracting requirements in comprehensive land claim agreements by accessing the Aboriginal Affairs and Northern Development Canada website.

Q7. What are the potential benefits that result from contracting and procurement agreements in comprehensive land claim agreements?

A7. Procurement is a vehicle to promote economic development in comprehensive land claim agreement areas. Other potential benefits include:

  • increased participation by Aboriginal firms in business and economic development opportunities in the comprehensive land claim agreement areas
  • a fair share of government contracts going to qualified Aboriginal firms
  • a representative Aboriginal workforce in comprehensive land claim agreement areas.

Q8. Are there any exemptions, ie for contracts under a certain value or for non-tendered contracts?

A8. No. All contracts must be reported to CLCA.Net.

Q9. How is the government going to use the information reported?

A9. The information in the reports will improve consistency of reporting regarding federal contracting activity. It is also in keeping with Canada's commitment to transparency and accountability to Canadians.

Q10. Does the quarterly report include information on a department or agency if it didn't have any contracting activity?

A10. Treasury Board policy requirements require departments and agencies that do not have any activity to submit a report indicating nil activity.

Q11. Why is data from some departments and agencies not showing up in the quarterly report?

A11. All government departments and agencies were notified of the reporting requirements. As this is a quarterly report regarding contracting activity in comprehensive land claim areas, new data will be reported and posted following each quarter.

Q 12. Does the quarterly report have an overall assessment of whether the federal government is meeting its contracting obligations under comprehensive land claim agreements?

A12. It is important to note that the contracting requirements for the comprehensive land claim agreements with economic chapters are unique to each agreement.

The report is a major starting point, but it does not compile information on whether the federal government or particular departments or agencies are meeting their contracting obligations for particular comprehensive land claim agreements.

More evaluative information will be available in the annual report on federal contracting activity in comprehensive land claim agreement areas, the first of which will be posted on October 1, 2010. For example, the annual reports will show the total value of all federal contracting activity by a department or agency in comprehensive land claim areas and indicate, as a percentage, how much of that contracting activity was awarded to comprehensive land claim agreement beneficiaries or businesses owned by comprehensive land claim agreement beneficiaries.

Q13. Why can't I find the annual report?

A13. The first annual report will be posted on October 1, 2010.

Q14. Where can I find more information about the contracting activity in the report?

A14. If you wish to get more information on this initiative or to share your views on related matters, please contact us at:

Aboriginal Affairs and Northern Development Canada
10 Wellington Street, Room 1660
Gatineau, QC K1A 0H4
Web: Aboriginal Affairs and Northern Development Canada
Toll free number: 1-800-567-9604
TTY (toll free): 1-866-553-0554

Q15.Where can I find a list of upcoming contracting opportunities related to comprehensive land claim agreement areas?

A15. For information about upcoming contracting opportunities related to comprehensive land claim agreements please go to the MERX  site.

Q16. How can I reach the Help Desk?

A16. For any issues you may encounter, contact AANDC-AADNC at AANDC IT Support at 1-866-795-6465, or by email at sti-its@aadnc-aandc.gc.ca.