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Legal counsel at Industry Canada has concluded that procurements which are subject to Comprehensive Land Claim Agreements (CLCAs) can also be subject to the Agreement on Internal Trade (AIT). Based on Article 1802 of the AIT, Industry Canada considers that the notification and other requirements in the CLCAs are "measures", as defined in Chapter 2 of the AIT, and, that, to the extent they are "severable" from the procurement as a whole, are excluded from the obligations of the AIT, but the procurement itself and all other aspects of it remain covered.
It is planned to modify the Automated Buyer Environment (ABE) to add the option of identifying a procurement as subject to both CLCAs and the AIT. Until this change can be completed, contracting officers should code procurements that are subject to both CLCAs and the AIT as an AIT procurement, and insert a statement in the Notice of Proposed Procurement that CLCAs apply.
The above affects AIT only procurement and does not affect procurement covered by any combination of NAFTA, WTO-AGP and the AIT. The Supply Manual will be revised to reflect this change.
Article 200: Definitions of General Application
In this Agreement, except as otherwise provided:
measure includes any legislation, regulation, directive, requirement, guideline, program, policy, administrative practice or other procedure.
Article 1802: Aboriginal Peoples
This Agreement does not apply to any measure adopted or maintained with respect to Aboriginal peoples. It does not affect existing aboriginal or treaty rights of any of the Aboriginal peoples of Canada under section 35 of the Constitution Act, 1982.