Protocol for ISC-Funded Infrastructure

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List of statutes, regulations, policies, codes, directives, standards, protocols, specifications, guidelines and procedures applicable under the Capital Facilities and Maintenance Program.

Table of contents

Foreword

The Protocol for ISC-Funded Infrastructure (PIFI) provides a list of applicable:

This version of the protocol is dated July 1, 2021. It replaces and overrides all versions that came before it.

1.0 Introduction

The Government of Canada is committed to supporting eligible recipients.

Eligible recipients are defined in section 4.1 of the Contributions to Support the Construction and Maintenance of Community Infrastructure. This falls under the authority of Indigenous Services Canada's (ISC) Capital Facilities and Maintenance Program.

To this end, ISC provides monetary support, through funding agreements with eligible recipients in the

of capital assets, including infrastructure and housing.

The funding agreements also provide monetary support for capital asset management, including:

To help make sure public funds are spent appropriately, ISC requires that eligible recipients follow the relevant criteria set out in Contributions to Support the Construction and Maintenance of Community Infrastructure. This is a condition of receiving funding under the Capital Facilities and Maintenance Program.

1.1 Purpose

The purpose of the PIFI is to provide a listing of applicable laws and regulations that eligible recipients must comply with to:

In addition, the PIFI includes the applicable laws and regulations in section 1.5 that eligible recipients must follow. The list includes:

  • policies
  • codes
  • directives
  • standards
  • protocols
  • specifications
  • guidelines
  • procedures

ISC employees will provide advice to eligible recipients regarding compliance with these requirements.

For public health and safety requirements, eligible recipients should contact their designated environmental public health officer for details on relevant provincial public health and safety standards.

These public health officers include employees of:

  • Indigenous Services Canada First Nations Inuit Health Branch
  • a transferred health organization

The protocol is also a reference for qualified and experienced third parties who are engaged by eligible recipients to provide:

  • planning
  • design
  • construction
  • operation and maintenance services
  • goods or other services

on the lands of eligible recipients.

Eligible recipients must employ qualified and experienced planning, architecture, environment and engineering professionals on all Capital Facilities and Maintenance Program-funded infrastructure projects.

The term "qualified" means a licensed or certified professional:

  • who possesses adequate experience related to the work to be done
  • whose qualifications and experience match the scope and complexity of the project

Eligible recipients and qualified professionals are responsible for familiarizing themselves with and obtaining copies of, all potentially applicable:

  • statutes
  • regulations
  • policies
  • codes
  • directives
  • standards
  • protocols
  • specifications
  • guidelines
  • procedures

referred to in this protocol.

Keep informed about updates

Despite the efforts to keep the PIFI as updated as possible, there is a potential that the PIFI may not contain the most up to date version of the aforementioned documents. In compliance with the conditions of the Funding Agreement, eligible recipients are expected to proactively remain apprised of new or amended applicable statutes and regulations as well as applicable industrial standards or codes noted above.

1.2 Application

An eligible recipient acknowledges that:

  • it has the beneficial legal interest in any capital facility or asset built with funding provided by ISC
  • ISC does not exercise any ownership rights over such facilities or assets

An eligible recipient also acknowledges that it will have:

  • sole possession of, and care and control over, any capital facility or asset built with funding provided by ISC
  • the sole legal responsibility for any matters arising from the construction, possession, control, operation, maintenance or decommissioning and final disposal of the facility or asset

As a condition of receiving funding under the Capital Facilities and Maintenance Program, an eligible recipient is responsible for the:

  • design
  • acquisition
  • construction
  • operation
  • maintenance
  • monitoring
  • decommissioning and final disposal

of their infrastructure and housing in accordance with all potentially applicable statutes, regulations, policies, codes, directives, standards, protocols, specifications, guidelines, and procedures referred to in this protocol.

This protocol applies to all infrastructure and housing funded by ISC under the Capital Facilities and Maintenance Program. In addition, ISC encourages its application to all infrastructure and housing owned or operated by eligible recipients.

The PIFI does not apply to the First Nations infrastructure projects funded by or under the responsibility of the First Nation and Inuit Health Branch, ISC.

1.3 Life cycle cost considerations

A life cycle cost analysis shows that a proposed technical solution gives value for money when compared to all of the potential solutions that would achieve the same project objectives.

As such, all viable options should be considered by the project team, including:

  • decentralized systems
  • municipal-type agreements
  • renovations to existing facilities
  • other applicable options

As part of a feasibility study, proponents will analyze over a common time horizon:

  • projected capital
  • operations
  • maintenance costs

Generally the common time horizon will be the expected lifetime of the asset in question.

In cases where life cycle cost considerations are required in an asset-specific document, such as a level of service standards, those life cycle cost considerations should prevail.

1.4 Evolving protocols and procedures

Modern treaties and self-government agreements may have provisions that impact the applicability of the documents listed in the protocol. ISC employees, eligible recipients and any third parties engaged to act on behalf of a eligible recipients should review modern treaties and self-government agreements to ensure that the promises set out in those documents are respected.

It is also important to refer to:

ISC's Capital Facilities and Maintenance Program will evolve based on:

  • assessments of community infrastructure and housing
  • feedback from eligible recipients and other stakeholders

You can send questions and feedback on this protocol by email to questionspolitiquesccppie-pcfcfmppolicyquestions@sac-isc.gc.ca.

This protocol will be updated every 2 years, or as necessary, to reflect:

  • new policies and procedures as they are implemented by ISC
  • new or amended
    • statutes
    • regulations
    • policies
    • codes
    • directives
    • standards
    • protocols
    • specifications
    • guidelines
    • procedures

1.5 Applicable federal statutes and regulations

Without limitation, the following statutes and regulations are applicable on reserve lands. An eligible recipient must by law comply with the most up-to-date version of each of the following.

On August 28, 2019, the following laws, which eligible recipients must also follow, came into force:

The Impact Assessment Act created the new Impact Assessment Agency of Canada and repealed the Canadian Environmental Assessment Act, 2012.

2.0 Infrastructure and housing

2.1 General

As a condition of receiving funding under the Capital Facilities and Maintenance Program, eligible recipients must follow:

  • the federal statutes and regulations listed in section 1.5
  • the statutes, regulations, policies, codes, directives, standards, protocols, specifications, guidelines and procedures listed in sections 2.2 to 5 of this protocol

Learn more: Contributions to Support the Construction and Maintenance of Community Infrastructure.

If the following documents give different or divergent guidance then the order of precedence is:

  1. provincial or territorial statutes
  2. provincial or territorial regulations
  3. federal statutes
  4. federal regulations
  5. provincial or territorial codes
  6. provincial or territorial directives
  7. provincial or territorial standards
  8. federal codes
  9. federal directives
  10. federal standards
  11. federal policies
  12. federal protocols
  13. provincial or territorial specifications
  14. federal specifications
  15. federal guidelines
  16. federal procedures
  17. provincial or territorial guidelines
  18. provincial or territorial procedures

Furthermore, sections 2.2 to 2.11 of this protocol have been organized in order of precedence, so that statutes, regulations, policies, codes, directives, standards, protocols, specifications, guidelines, and procedures in preceding sections prevail over those listed in subsequent sections.

Thus, statutes and regulations listed under section 2.2 prevail over those listed under section 2.3 and statutes and regulations listed under section 2.3 prevail over those listed under section 2.4, and so on.

Statutes, regulations, policies, codes, directives, standards, protocols, specifications, guidelines, and procedures applicable to a specific capital project are to be listed by the eligible recipients in their Project Approval Requests (PARs) when submitting an application for funding under the Capital Facilities and Maintenance Program. If the order of precedence of statutes, regulations, policies, codes, directives, standards, protocols, specifications, guidelines, and procedures proposed for a specific project differs from that outlined in the present protocol, then these exception(s) shall be identified and justified in the PAR.

The above take precedence over all ISC policies, directives, protocols and guidelines.

2.2 Occupational health and safety

2.3 Fire protection

  • Provincial or territorial statutes and regulations related to fire protection. In the absence of provincial or territorial statutes and regulations pertaining to fire protection, the national codes will apply.
  • National Fire Code of Canada, 2015
  • Residential Indoor Air Quality Guideline: Carbon Monoxide
    • Note that the National Building Code and the National Fire Code also have a carbon monoxide monitors/alarms provision. The National Fire Code applies to existing, as well as new buildings and facilities, therefore it is an important reference.

2.4 Buildings

2.5 Air quality

2.6 Hazardous materials

  • Provincial or territorial statutes and regulations pertaining to hazardous or designated substances. Note that the National Fire Code also covers several hazardous material requirements.

2.7 Water and wastewater systems

  • Provincial or territorial statutes and regulations pertaining to water and wastewater systems
    • Note that section 2.4 of this protocol also provides guidelines for storage

Levels of service and life cycle cost can vary for several aspects of a water or wastewater infrastructure project. Whether it is a choice between a decentralized and a centralized system, or the choice of a procurement and project delivery method, the range of costs can vary significantly depending on the method chosen. This is why ISC requires that detailed assessments and justifications of a variety of water and wastewater servicing options be considered at the feasibility study stage of a project's development. When submitting an application for funding under the Capital Facilities and Maintenance Program, the eligible recipients shall include in their PAR the complete list of options considered at the project's feasibility study stage along with details of the life cycle cost of each option considered.

2.8 Schools

Full life cycle cost considerations are of the utmost importance at the planning and design stages of school projects, when the broadest choice of levels of service, technologies, materials, siting and optimization techniques can be employed. This is why ISC requires that detailed assessments and justifications of a variety of siting and building construction type and site alternative options be considered at the feasibility study stage of a project's development. When submitting an application for design-stage funding under the Capital Facilities and Maintenance Program, eligible recipients must include in their PAR the complete list of options considered at the feasibility study stage of the project's development, along with details of the full life cycle cost analysis of each option considered.

2.9 Energy

2.10 Heating, ventilation, air conditioning, refrigeration, and sheet metal

It is very important to consider the life cycle cost at the planning and design stage of school projects since ISC must consider a wide range of service levels, technology, materials, sites and optimization techniques. For this reason, ISC requires evaluations and justifications for a variety of site options and types of construction at the feasibility study stage of the project. When applying for funding for the design phase through the Capital Facilities and Maintenance Program, eligible recipients must include in their design request the list of options discussed at the feasibility study stage along with a complete analysis of the life cycle costs for each option considered.

2.11 Transportation

2.12 Solid Waste

3.0 Procurement and tendering

The following must be adhered to as a condition of funding under the Capital Facilities and Maintenance Program for infrastructure and housing projects:

3.1 Contracting guidelines

Construction contracting for First Nations:

Life cycle cost considerations regarding procurement and tendering should include the development and comparison of total project costs related to a traditional project delivery method versus alternative procurement methods (for example, design-build and design-build-operate/maintain).

4.0 Project management and administration

With respect to minor capital and housing projects of value lower than $1.5 million, the eligible recipients of a First Nation must:

  1. prepare and carry out a project implementation plan that is appropriate to the size and nature of the project and that will provide a project description, scope, schedule and milestones
  2. appoint certified professionals with experience and qualifications that match with the scope and complexity of the project being undertaken
  3. ensure that appointed professionals are licensed in the province or territory in which the work is being performed
  4. ensure that all housing capital construction projects are inspected by certified inspectors to confirm compliance with code requirements at the following stages (as a minimum): site, foundation, framing and completion

The engagement of a qualified project manager can help to ensure that the above-noted requirements are being met.

5.0 Operation and maintenance

Eligible recipients must carry out the operation and maintenance of community infrastructure, housing, and other funded assets in accordance with a maintenance management plan (MMP) that has been reviewed and approved by the eligible recipients and made available to the Department.

The MMP must identify:

  1. an up-to-date inventory of all infrastructure and housing assets for which operation and maintenance funds are provided to the band by ISC
  2. the maintenance activities and the frequency that such activities will be conducted for each asset
  3. an estimate or the most recent 3 year average total annual cost of operating and maintaining all community infrastructure and housing assets for which a funding subsidy is to be provided to the band by ISC
  4. measures to ensure that satisfactorily trained personnel are available at all times to operate and maintain technical systems according to the design standards of the specific facility or asset (for example, for water and wastewater treatment plants, operators shall be certified to the level of the plant)
  5. the provision of adequate fire protection services
  6. the data that is necessary to update the Integrated Capital Management System (ICMS) by reporting deadlines

In addition, the processes of carrying out community facility operation and maintenance for all infrastructure and housing assets should also comply with the most recent edition of the following:

6.0 Regulations, policies, directives, standards, protocols, specifications, guidelines and procedures applicable in a region

All eligible recipients must be in compliance with any applicable statutes, regulations, policies, codes, directives, standards, protocols, specifications, guidelines and procedures in the region where the eligible recipient is located.

Partial lists of these requirements are provided in the following annexes.

If you have questions, require additional information or require clarity on any applicable statutes, regulations, policies, codes, directives, standards, protocols, specifications, guidelines and procedures, you may contact the respective ISC regional office.

Annex A Alberta Region

Additional regulations, policies, directives, standards, protocols, specifications, guidelines and procedures

The following represents the list of additional requirements that only apply to eligible recipients that are First Nations and First Nations organizations within the Alberta Region.

Additional requirements

First Nations and First Nations organizations receiving funding under the Capital Facilities and Maintenance Program for specific programs must also meet the following requirements.

Housing

Where a First Nation has been approved under the 1996 housing policy, the council must have in place multi-year community-based housing plans that address the following elements:

  1. maximization of the life expectancy of housing (through sound maintenance repair and insurance practices)
  2. rehabilitation of existing housing stock through an acceptable building code
  3. reduction in overcrowding (expansion to existing houses and new construction to an acceptable standard, but not less than the National Building Code)
  4. linkages to job creation, training and skills development, and economic and business development
  5. a resource plan

The council shall provide annual updates to the community-based housing plan.

Formula-based housing allocation funds can be used for all housing related activities including maintenance and insurance, renovations, new construction, debt charges, training, management and administrative expenses.

Where a community-wide shelter charge regime is put into place, the income assistance program will provide shelter allowances to eligible households to cover such charges (rents or ownership costs). Shelter charges will be consistent with provincial income assistance programs and charges must be customarily collected whether or not a house is occupied by an income assistance recipient. Any shelter charges for households dependent on income assistance that would result in an increased demand on income assistance funding must be offset from other funds, which are usually funds available for housing. There must be no incremental cost to the Minister of Indigenous Services beyond current resources.

Solid waste

Annex B Atlantic Region

Additional regulations, policies, directives, standards, protocols, specifications, guidelines and procedures

The following represents the list of additional requirements that only apply to eligible recipients that are First Nations and First Nations organizations within the Atlantic Region.

Additional requirements

Water

Solid waste

Annex C British Columbia Region

Additional regulations, policies, directives, standards, protocols, specifications, guidelines, and procedures

The following represents the list of additional requirements that only apply to eligible recipients that are First Nations and First Nation organizations within the British Columbia Region.

Additional requirements

Reporting requirements

The First Nation recipient must provide to the Minister of Indigenous Services reports as set out in the Recipient Reporting Guide:

  1. By April 30, the necessary data to update the Integrated Capital Management System (see Recipient Reporting Guide Infrastructure and Housing Annual Report - DCI#460620)
  2. By July 31, an annual update of municipal-type service agreements. Photocopies of new or renewed agreements for services are required. Multi-year agreements are not required to be updated unless expired or changes to the agreement are made.

The First Nations recipient shall provide to the Minister of Indigenous Services reports as set out in the Recipient Reporting Guide:

By October 15, an update of the band's 5-year capital plan as a basis for requesting capital funding for the upcoming fiscal year.

(See Recipient Reporting Guide First Nation Infrastructure Investment Plan - Annual Update Five-Year Capital Plan Annual Update DCI #460674.)

Additional standards, codes, protocols, procedures and guidelines

In addition to the standards, codes, protocols, procedures and guidelines listed in sections 2.0 to 5.0 of the Protocol for ISC-Funded Infrastructure, First Nations and First Nations organization recipients for funding from the CFMP must also meet the following standards, codes, protocols, procedures and guidelines:

Solid waste

Annex D Manitoba Region

Additional regulations, policies, directives, standards, protocols, specifications, guidelines and procedures

The following represents the list of additional requirements that only apply to eligible recipients that are First Nations and First Nations organizations within the Manitoba Region.

Additional requirements

Circuit Rider Training Program

All First Nations and First Nation organizations receiving funding for the Circuit Rider Training Program from ISC must also meet the following requirements:

  • the council must use the funding provided by the Minister of Indigenous Services to provide training and technical assistance to all Manitoba First Nation water and wastewater facility operators to ensure the facilities are operated and maintained properly at all times.
  • the council must provide a report detailing the following information no later than 15 working days after each First Nation visit:
    • date and length of each visit
    • nature of the visit (regular scheduled training or emergency assistance)
    • name of the First Nation
    • name of the operators trained
    • detailed instruction items provided to operators
  • the council shall provide the summarized annual report no later than June 30. The summarized report must include:
    • total number of visits during the fiscal year (April 1 to March 31)
    • dates of each visit
    • name of the operators trained during each visit
    • type of each visit (regular instruction or emergency assistance)
    • name of the instructor
  • the council shall include a separate schedule in the Annual Audited Financial Statements detailing the following:
    • salary
    • travel
    • telecommunications
    • portable laboratory supplies
    • tools and safety equipment
    • administration fee

Schools Maintenance Training Program

All First Nations and First Nation organizations receiving funds for the Schools Maintenance Training Program from funding for the O&M of education assets and facilities must also meet the following requirements:

  • Delivery standards:
    • the council shall use the funding provided by the Minister to provide training and technical assistance to all Manitoba First Nation school maintenance personnel to ensure school facilities are operated and maintained properly at all times. All schools shall be visited by a qualified instructor, at a minimum of twice a year. All instructors shall also be available Monday to Friday (except on statutory holidays) from 8:30 am to 4:30 pm to provide technical support through telecommunication such as email or phone.
  • Reporting requirements:
    • the council shall provide an on-site training report to the First Nations chief and council, First Nation school principal and the Minister of Indigenous Services detailing the following information, no later than 15 working days after each First Nations school on-site training visit:
      1. name of First Nations school
      2. name of First Nations school personnel trained
      3. date and length of the training visit
      4. type of visit (regular or emergency)
      5. detailed description of training activities conducted during the visit
    • the council shall provide a summarized annual report detailing all training provided through both on-site visits and telecommunication during the fiscal year no later than June 30 (School Maintenance Training Program Annual Report - Ad-Hoc (11/12-X)).

Operator Certification Training and Annual Operator Workshop

All First Nations and First Nation organizations receiving funding for the Operator Certification Training and Annual Operator Workshop under the First Nations Water and Wastewater Action Plan must also meet the following requirements:

  • the council shall use the funding provided by the Minister of Indigenous Services to provide certification training to all participating Manitoba First Nations water and wastewater facility operators, and an annual operator workshop
  • the council shall provide the Minister of Indigenous Services with a training plan for each training session detailing the number of participants, tuition costs, travel and accommodation costs, etc. to ensure the appropriate amount of training funding is released
  • the council shall also provide a detailed report for each training session with the training outcomes including the duration of the training, the date, the names of the participants, the training type and level, and the detailed costs using acceptable line objects no later than three months after each training session

Solid waste

Annex E Ontario Region

Additional regulations, policies, directives, standards, protocols, specifications, guidelines and procedures

The following represents the list of additional requirements that only apply to eligible recipients that are First Nations and First Nations organizations within the Ontario Region.

Additional requirements

Operation and maintenance of infrastructure assets and facilities:

  • winter roads
    • The council must administer the construction, operation and maintenance subsidy for winter roads in accordance with ISC's Winter Road Construction, Operation and Maintenance Management Regime
    • Provide advice and administrative services through a resource center coordinator who will facilitate, where required, communications between the First Nation, Ministry of Energy, Northern Development and Mines (MNDM) of the province of Ontario, and ISC
  • other protection (flood emergency preparation)
    • The council shall co-ordinate the flood watch activities including:
      • liaising and meeting with federal and provincial agencies prior to and during spring break-up and fall freeze-up, when required
      • river surveillance
      • communicate information and awareness with First Nation community and to ISC
      • co-ordinate community evacuation preparation activities if required for provision of fire protection services
  • fuel freight differential
    • The council shall ensure the distribution of the fuel freight differential for additional mobilization costs as it relates to the operation and maintenance of ISC-funded assets
  • Independent Power Authority (IPA) operational support for previous year operational loss
    • The council shall provide the audited statements/schedules and IPA Statement of Operations report from the previous year to determine the level of assistance to ensure operational requirements for the IPAs.
    • First Nations Water and Wastewater Enhanced Plan

First Nation Operator Certification training funding

The council agrees that this funding will be used to ensure that the primary and back-up (if applicable) operator(s) are provincially certified by the Ministry of Environment and Climate Change in Ontario, to the same level of the water/wastewater system.

The council agrees to provide the Minister of Indigenous Services with a training plan for each training session detailing the name of participants, tuition costs, travel and accommodation costs etc. to ensure the appropriate amount of training funding is released. The eligible recipients shall also provide a detailed report for each training session with the training outcomes including the duration of the training, the date, completion certificate, the names of the participants, the training type and level, and the actual costs using acceptable line objects, within the reporting requirements identified.

Circuit Rider Training Program

The council shall encourage the First Nation water/wastewater plant operators to participate in the Circuit Rider Training Program, and agree to provide the Minister of Indigenous Services with all information required by the circuit rider trainer service provider. The eligible recipients agree to follow the requirements of the Circuit Rider Training Program Minimum Program Requirements for Water and Wastewater Systems document that is updated from time to time.

Enhanced operation and maintenance funding

The council shall agree to provide the required water and wastewater operation and maintenance - revenue and expenditure summary, detailing all operation and maintenance funding received for water/wastewater system assets, and the actual expenditures for the previous fiscal year, and planned expenditures for the current fiscal year.

Operation and maintenance of infrastructure assets and facilities – general:

  • the council must provide for the preservation of public health, safety and the environment (for example, address drinking water advisories in a timely manner).

Triennial Asset Condition Reporting System

The council must administer the formal Triennial Asset Condition Reporting System ACRS inspection process on behalf of their member First Nations per the terms and conditions in the ACRS manual.

The council must provide to the Minister of Indigenous Services the Triennial ACRS Report in accordance with the ACRS Manual, Ontario Version as amended from time to time. (See Recipient Reporting Guide - Triennial Asset Condition Reporting System (ACRS) Report-DCI #460649)

Solid waste

  • Waste Diversion Transition Act, S.O. 2016, c.12
  • Environmental Assessment Act, R.S.O. 1990, c.E.18
  • Environmental Protection Act, R.S.O. 1990, c.E19
    • Landfill design standards under Reg. 232
    • Standards for disposal sites, the management, tracking and disposal of hazardous and liquid industrial waste under Reg. 347
    • Requirements for landfill gas collection under O. Reg. 217/08
    • Requirements for municipal Blue Box programs under O. Reg. 101/94
    • Requirements for Industrial Commercial and Institutional sector to reduce waste and recover resource under '3Rs' regulations: O. Reg. 102/94, O. Reg. 103/94 and O. Reg. 104/94
    • Requirements for producers of pharmaceuticals and sharps to establish free collection locations across Ontario for pharmaceuticals and sharps they no longer need under Reg. 298/12
    • Ontario Compost Quality Standards under Reg. 347 and Guidelines for the Production of Compost
    • Waste Management Projects, O. Reg. 101/07
    • Waste Management – PCB's, O. Reg. 362
    • Waste Disposal Sites, Waste management Systems and Sewage Works Subject to Approval under or exempt from the Environmental Assessment Act, O. Reg. 206/97
    • Waste Audits and Waste Reduction Work Plans, O. Reg. 102/94
  • Resource Recovery and Circular Economy Act, 2016, S.O. 2016, c.12, Sched. 1
  • Food and Organic Waste Policy Statement

Annex F Quebec Region

Additional regulations, policies, directives, standards, protocols, specifications, guidelines, and procedures

The following represents the list of additional requirements that only apply to eligible recipients that are First Nations and First Nations organizations within the Quebec Region.

Additional requirements

Solid waste

Annex G Saskatchewan Region

Additional regulations, policies, directives, standards, protocols, specifications, guidelines, and procedures

The following represents the list of additional requirements that only apply to eligible recipients that are First Nations and First Nation organizations within the Saskatchewan Region.

Additional requirements

First Nations and First Nations organizations receiving funding for specific programs must also meet the following requirements:

  • Capital Facilities and Maintenance Program service guide
    • The Council shall meet the requirements of the programs they are funded for as identified in the Saskatchewan Region, Capital Facilities and Maintenance Program Service Guide provided on a yearly basis.
  • band based capital
    • With respect to the use of band-based capital program, the council shall meet the requirements of the following when delivering the program
      • Band-based capital guidelines, Saskatchewan Region, November 2019
  • major capital facilities service delivery
    • The Council shall follow the Operating Instructions for Major Capital Projects, Saskatchewan Region issued August 2018
    • These operating instructions may be amended from time to time

In addition:

  1. relative to capital projects, for each of the projects listed in the approved capital and site plan, prepare and carry out a project implementation plan, appropriate to the size and nature of the project, which will:
    1. provide a complete description of the project scope of work
    2. provide a project schedule with milestones and cost estimates for each project phase
    3. outline the project management and implementation regime
    4. confirm that the appointed project manager(s) will have experience and qualifications commensurate with the scope and complexity of each project
    5. obtain all inspections by duly qualified inspectors needed to certify compliance with all applicable federal and provincial codes, protocols, standards and guidelines and in accordance with ISC protocols, guidelines and level of service standards, as may be amended from time to time. This includes the Protocol for Centralized Drinking Water Systems in First Nations Communities
  2. relative to capital projects, ensure that appropriate professionals, licensed in the province or territory in which the work is being done, have been or will be retained to conduct the stamping and/or certification of all designs and to carry out inspections of the work where the public's health and safety are involved, or where the work is beyond the competence of a technician or technologist and to provide as built drawings
  3. relative to federally funded capital projects, excluding housing, follow the tendering policy of ISC, where the First Nation does not have a tendering policy in place that meets ISC standards. The eligible recipients shall call tenders to ensure best value, prudence, probity and sound contract management. Best value may include consideration of opportunities to secure socio-economic benefits on behalf of the community. Where the general contracting approach is used, the eligible recipients shall:
    • where the total cost of the contract for the construction work is estimated at more than $500,000, call for open tenders and publicly advertise them
    • where the total cost of the contract for the construction work is estimated at between $100,000 and $500,000, use 1 of the following 2 competitive tendering options:
      • an open tender through public advertisement
      • an invited tender where bids are invited from a selected list of at least 3 qualified contractors, which could be qualified Indigenous contractors or suppliers
    • where the total cost of the contract for the construction work is estimated at less than $100,000, award the contract in a manner that ensures value for money

    where the construction management approach is used, the council shall:

    • where the total cost of the contract for the construction work is estimated at more than $100,000, call for open tenders and publicly advertise them;
    • where the total cost of the contract for the construction work is estimated at between $25,000 and $100,000, use 1 of the following 2 competitive tendering options:
      • an open tender through public advertisement
      • an invited tender where bids are invited from a selected list of at least 3 qualified contractors, which could be qualified Indigenous contractors or suppliers
    • where the total cost of the contract for the construction work is estimated at less than $25,000, award the contract in a manner that ensures value for money.
  4. provide the Minister of Indigenous Services with a copy of any changes to its tendering policy for construction contracts.

Jurisdictional approvals

The council shall obtain all jurisdictional approvals and comply with all statutory requirements for capital projects, including environmental screening records, land use easements and dedication, and approvals as applicable from Health Canada, Environment Canada, Transport Canada, Canadian National Railway, Canadian Pacific Railway, Saskatchewan Department of Labour, Saskatchewan Workers Compensation Board, Saskatchewan Telecommunications, Saskatchewan Department of Highways, Saskatchewan Power Corporation, Saskatchewan Environmental and Resource Management, Saskatchewan Water Corporation, Saskatchewan Health, Saskatchewan Energy and Saskatchewan Municipal Government.

Community-Based On-Reserve Housing Program

Housing funds can be used for all housing related activities including:

  • maintenance and insurance
  • renovations
  • new construction
  • debt charges
  • training
  • management
  • administrative expenses

Where a community wide shelter charge regime is put into place, the income assistance program will provide shelter allowances to eligible households to cover such charges (rents or ownership costs). Shelter charges will be consistent with provincial income assistance programs and charges must customarily be collected whether or not the house is occupied by an income assistance recipient.

Any shelter charges for households dependent on income assistance that would result in an increased demand on income assistance funding must be offset from other funds, which are usually funds available for housing. There must be no incremental cost to the Minister beyond current resources.

Solid waste

Annex H Yukon Region

Additional regulations, policies, directives, standards, protocols, specifications, guidelines, and procedures

The following represents the list of additional requirements that only apply to eligible recipients that are First Nations and First Nation organizations within the Yukon Region.

Additional requirements

Capital funding

With respect to the use of capital funding, the First Nation must meet the requirements of the following:

  • CIRNAC Yukon Region Capital Facilities and Maintenance Program Guide for First Nation Capital Managers (February 2020)

Please contact the ISC Yukon regional office to obtain the most recent copy of this document.

The Yukon Region serves 6 Indian Act First Nations, 3 in Northern British Columbia and 3 in Yukon. Applicable regulations, policies, directives, standards, protocols, specifications, guidelines, and procedures will be followed depending on where projects are located. For British Columbia First Nations see Annex C above.

Yukon Environmental Socio-economic Assessment Act applies to land in the Yukon Territory and replaces the Canadian Environmental Assessment Act (CEAA) which applies in the rest of Canada. Any project that falls under either legislation must meet all requirements and standards and receive approval from the governing body prior to departmental approval.

Solid waste

Annex I Northwest Territories

(Additional regulations, policies, directives, standards, protocols, specifications, guidelines, and procedures)

The following represents the list of additional requirements that only apply to eligible recipients that are First Nations and First Nation organizations within the Northwest Territories Region.

Additional requirements

Solid waste

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