Comprehensive Land Claims Agreement (CLCA)

A Comprehensive Land Claims Agreement (CLCA) is a modern treaty negotiated between the Government of Canada and Indigenous peoples. It addresses Aboriginal rights and title to lands the group has traditionally used and occupied, where those rights have not been dealt with by a historic treaty or another legal instrument. CLCAs are signed by Canada and supported by legislation, which makes them legally binding.

For suppliers, the practical importance is that many CLCAs contain economic measures, including obligations that affect how federal departments buy goods, services and construction. CanadaBuys states that 25 modern treaties have received Royal Assent and that 22 of them include economic measures with procurement obligations.

Modern treaties and the areas they cover

CLCAs are one type of modern treaty in Canada. Which agreement applies to a procurement depends on where the work or delivery takes place. Agreements named in federal solicitations include the Nunavut Land Claims Agreement, the James Bay and Northern Quebec Agreement, the Nunavik Inuit Land Claims Agreement, the Tłı̨chǫ Land Claims Agreement, the Maa-nulth First Nations Final Agreement and several Yukon final agreements.

Federal buyers are directed to consult the Aboriginal and Treaty Rights Information System (ATRIS) to find out whether a modern treaty or CLCA applies. They must determine this during procurement planning and document the measures they take to address any obligations.

Procurement measures tied to CLCAs

The CanadaBuys guidance for federal buyers lists several measures that can be used to meet CLCA obligations:

• Notifying claimant groups, or beneficiary businesses, about the opportunity.
• Using modern-treaty business directories and lists.
• Applying evaluation criteria that benefit modern-treaty or CLCA beneficiaries where practical and consistent with sound procurement management.
• Offering a right of first refusal for certain procurements, including archaeology, heritage, parks and surveying.
• Grouping requirements by commodity or geography so smaller or specialized firms can take part.

CanadaBuys also publishes a contact page for notifying claimant groups and guidance on defining socioeconomic requirements.

How CLCAs appear in solicitations and supply arrangements

CLCAs show up directly in tender documents through a statement that the procurement is subject to named Comprehensive Land Claims Agreements. They appear in archaeological services, construction and infrastructure work in Nunavut and other CLCA regions, and in supply arrangements whose delivery areas include covered locations. One example is a CanadaBuys request for supply arrangements for archaeological services, which covered areas subject to CLCAs.

Standing instruments can carve these areas out. The PSPC task-based supply arrangement excludes locations in Yukon, the Northwest Territories, Nunavut, Quebec and Labrador that are subject to CLCAs. Requirements for those locations must be handled as separate procurements outside the arrangement.

Reporting after contract award

CLCA contracts carry a reporting step. According to the CanadaBuys award guidance, within 15 working days of contract award the responsible directorate at Indigenous Services Canada must be given the contractor's name, the contract number and the total estimated contract value. The buyer carries this duty, but suppliers should expect to provide accurate company and contract details.

What a CLCA means for a supplier bidding on Canadian public contracts

The guidance places most CLCA obligations on the buyer, but the supplier must read each solicitation to see which agreement it names and what conditions follow. Check whether the delivery location falls in a treaty area. Check whether your firm qualifies as a CLCA beneficiary business. Look for treaty-specific eligibility rules, notification steps, evaluation criteria, reporting requirements or rights of first refusal. Exact obligations differ from one solicitation to the next, so the tender document is the controlling source.