Contracting Policy Notice 1997-8
Section 6. Sahtu Dene and Metis Comprehensive Land Claim
Agreement - February 26, 1996
Contracting Authorities should refer to the Sahtu Dene and Metis Comprehensive Land Claim Agreement Articles 2 and 3 for Definitions and General Provisions. This section of the policy reflects the Government contracting obligations addressed in Articles 12.2.1, 21.3 and 26.2.8 of the Agreement.
12.2 GOVERNMENT EMPLOYMENT AND CONTRACTS
12.2.1 Where a government carries out public activities in the settlement area which give rise to employment or other economic opportunities and government elects to enter into contracts with respect to those activities:
- the Government of Canada contracting procedures and approaches intended to maximize local and regional employment and business opportunities, including the provision of opportunities for potential contractors to become familiar with bidding systems, or
- the Government of the Northwest Territories preferential contracting policies, procedures and approaches intended to maximize local, regional and northern employment and business opportunities shall be followed respectively by Canada or the Government of the Northwest Territories.
21.3 GOVERNMENT ACCESS
21.3.1 Agents, employees, contractors or government and members of the Canadian Armed Forces shall have the right to enter, cross and stay on Sahtu land and waters overlying such lands and to use natural resources incidental to such access to deliver and manage government programs and services, to carry out inspections pursuant to law and to enforce laws. Government shall give prior notice of such access to the designated Sahtu organisation when, in the opinion of government, it is reasonable to do so.
21.3.2 If government requires the continuous use or occupancy of Sahtu lands for more than two years, such use or occupancy shall be on terms negotiated between government and the designated Sahtu organisation. Failing agreement on the terms, the matter shall be referred to arbitration pursuant to the provisions of chapter 6 of the agreement.
21.3.6 (a) Any person authorised by legislation to provide to the public electrical power, telecommunications services or similar public utilities, not to include pipelines for the transmission of hydrocarbons, shall have access to Sahtu lands and waters overlying such lands to carry out assessments, surveys and studies in relation to proposed services. Such persons shall consult with the designated Sahtu organisation prior to exercising such access.
(b) Where access under (a) results in damage to Sahtu lands or interference with the use of and peaceable enjoyment of Sahtu lands by the participants, such person shall compensate the participants in an amount agreed to by that person and the designated Sahtu organisation or, failing such agreement, in an amount determined by the Surface Rights Board.
(c) Where an interest in Sahtu lands is required by a person described in (a), such interest shall, in the absence of an agreement with the participants, be acquired pursuant to the expropriation provision of chapter 24 in the agreement.
26.2 HERITAGE RESOURCES: MANAGEMENT OF HERITAGE RESOURCES
26.2.8 The participants shall have preference in being hired at public sites, museums, heritage resource projects, archaeological works and similar public facilities and projects in the settlement area related to Sahtu heritage resources, in a manner to be set out in the protected area agreement or, where there is no protected area agreement, in the management or work plans for the public sites, museums, projects, facilities and works referred to in this chapter.
The Sahtu Tribal Council shall be consulted in the development of such plans.
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