Schedule of Yukon

Annex 519.1: Party-Specific Exceptions

Schedule of Yukon

Procurement Exceptions

For Yukon, the following is not covered by this Chapter:

A. Excluded Entities

The following entities are not covered by this Chapter:

1. Regional, local, district or other forms of municipal government
2. Francophone School Board and publicly funded academic, health and social service entities;
3. Legislative Assembly;
4. Elections Yukon;
5. Yukon Information & Privacy Commissioner;
6. Yukon Conflict of Interest Commissioner;
7. Yukon Ombudsman; and
8. Yukon Child and Youth Advocate.

B. Exceptions and Notes

1. This Chapter does not include procurement subject to the Yukon Business Incentive Policy or any successor policy having similar objectives. For goods and services, the purposes of this policy are: to maximize the employment opportunities for Yukon residents resulting from the purchase of goods and services by the government; to encourage the use of Yukon materials and manufactured products in goods and services supplied to the government; and to encourage growth in the manufacturing sector, resulting in the availability of more products Yukon goods and services to the general public. For construction services, the purposes of this policy are: to maximize the employment opportunities for Yukon residents in government construction projects; to maximize the use of Yukon materials and manufactured products in government construction projects; to encourage the use of Yukon apprentices in government construction projects; and to encourage the employment of Yukon youth in government construction projects.
2. Article 518.9 does not apply to Yukon procurements that are below the thresholds prescribed in CETA. For greater certainty, paragraph 9(b) does not apply to Yukon in respect of Yukon’s exception under paragraph 9(a).
3. Yukon may derogate from this Chapter in order to promote regional economic development, without providing undue support to monopolistic activities.
   1. Any procurement qualifying for a derogation shall:
      1. be of a total value estimated at one million dollars, or less; and
      2. support small enterprises or employment opportunities.
   2. If a procurement meets the requirement of subparagraph (a) (ii) but its total value exceeds one million Canadian dollars, the value of the part of the contract that would be affected by the derogation may not exceed one million dollars.
   3. Yukon may not derogate from the procurement provisions of this Chapter more than ten times per year.
   4. A procurement qualifying for a derogation shall be notified at least 30 days prior to the signing of a procurement contract, accompanied by:
      1. the details of the circumstances justifying a derogation pursuant to this Note;
      2. the information regarding the name of the enterprise(s) and/or area(s) to which the procurement is expected to provide regional economic benefits; and
      3. an explanation of reasons for the conformity of the procurement with the requirements of this exception.