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9.35.70. International trade agreements

  1. Canada's free trade agreements pose no impediment to the inclusion of measures for the benefit of Indigenous Peoples and/or businesses in a procurement. This applies to procurement obligations pursuant to Modern Treaties (Comprehensive Land Claims Agreements). For more information on trade agreements, see 1.25.1 International and national trade agreements, 1.25.2 General principles of trade agreements, and 1.25.3 Determining coverage under a trade agreement.
  2. If a set-aside or an exception is made use of or relied upon (e.g. any measure adopted or maintained with respect to Aboriginal peoples, set-aside for minority businesses, etc.), some or all aspects of the procurement may not be subject to certain trade agreement obligations. In such cases, in order to reduce risk, contracting officers should continue to follow the obligations of the trade agreements to the greatest extent possible, deviating only where necessary to serve the purpose(s) for which the exception is being used or the set-aside is being applied.