In addition to the federal statutes and regulations applicable on First Nation lands listed in Section 1.5 of this Protocol, the statutes, regulations, policies, codes, directives, standards, protocols, specifications, guidelines and procedures listed in sections 2.2 to section 5.0 of this Protocol must be adhered to as a condition of receiving funding under the CFMP.
Where statutes, regulations, policies, codes, directives, standards, protocols, specifications, guidelines and procedures provide different or divergent guidance, the order of precedence is as follows:
- Provincial statutes
- Provincial regulations
- Federal statutes
- Federal regulations
- Provincial codes
- Provincial directives
- Provincial standards
- Federal codes
- Federal directives
- Federal standards
- Federal policies
- Federal protocols
- Provincial specifications
- Federal specifications
- Federal guidelines
- Federal procedures
- Provincial guidelines
Furthermore, section 2.2 to section 2.11 have been organized in order of precedence, where statutes, regulations, policies, codes, directives, standards, protocols, specifications, guidelines, and procedures, in one section prevail over the subsequent sections in this Protocol.
Thus, statutes and regulations listed under section 2.2 prevail over those listed under section 2.3, statutes and regulations listed under section 2.3 prevail over those listed under section 2.4, etc.
Statutes, regulations, policies, codes, directives, standards, protocols, specifications, guidelines and procedures applicable to a specific capital project are to be listed by the Council of a First Nation on its Project Approval Requests (PARs) when submitting an application for funding under the CFMP. If the order of statutes, regulations, policies, codes, directives, standards, protocols, specifications, guidelines and procedures proposed for a specific project is different than that outlined in the present Protocol, then these exceptions shall be justified and clearly outlined in the PAR.
The above, notwithstanding the PIFI and its provisions, take precedence over all INAC policies, directives, protocols and guidelines.
2.10 Heating, Ventilation, Air Conditioning, Refrigeration and Sheet Metal
Provincial or territorial statutes and regulations pertaining to heating, ventilation, air conditioning, refrigeration and sheet metal
It is very important to consider the costs of the cycle at the stage of planning and designing school projects, since we must consider a wide range of service levels, technology, materials, sites and optimization techniques. For this reason, INAC requires evaluations and justifications for a variety of site options and types of construction at the stage of the project feasibility study. When applying for funding for the design phase through the CFMP, the council of a First Nation must include in its design request, the list of options discussed at the stage of the feasibility study, and a complete analysis of the life cycle costs for each option considered.