Marginal note:Conflict with agreement
3. (1) In the event of a conflict between an individual agreement and any Act of Parliament, including this Act, the individual agreement prevails to the extent of the conflict.
Marginal note:Conflict with Act
(2) In the event of a conflict between this Act and any other Act of Parliament, this Act prevails to the extent of the conflict.
PURPOSE AND EFFECT OF THE ACT
4. The purpose of this Act and of orders of the Governor in Council made under this Act is to bring into effect individual agreements entered into with participating First Nations.
Marginal note:Bringing agreement into effect
5. (1) Once an individual agreement has been entered into, the Governor in Council may, by order, bring it into effect and add the name of the band that is party to it to the schedule.
Marginal note:Force of law of agreement
(2) An individual agreement is given the force of law by an order made under subsection (1).
Marginal note:Order in council — deletions from the schedule
6. The Governor in Council may, by order, delete the name of a participating First Nation from the schedule if the Minister is satisfied that the participating First Nation has entered into a comprehensive self-government agreement, a treaty or a land claims agreement, providing for jurisdiction over education.
EFFECT OF INDIVIDUAL AGREEMENT
Marginal note:Persons and bodies subject to agreement
7. Persons and bodies have the powers, rights, privileges and benefits conferred on them by an individual agreement and are subject to any obligations and liabilities imposed on them by an individual agreement.
Marginal note:Agreement binding
8. An individual agreement is binding on and may be relied on by all persons.
Marginal note:Legislative powers
9. (1) A participating First Nation has, to the extent provided by an individual agreement, the power
(a) to enact laws respecting education on First Nation land; and
(b) to delegate to the Authority its power to make laws under paragraph (a).
(2) A participating First Nation shall provide, or make provision for, education so as to allow students to transfer without academic penalty to an equivalent level in another school within the school system of British Columbia.
Marginal note:Scope of individual agreement
10. For greater certainty, nothing in this Act renders ineffective any provision, or any amendment made to a provision, of an indi-vidual agreement for which specific provision is not made in this Act.
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