Assented to 2006-12-12
An Act to provide for jurisdiction over education on First Nation lands in British Columbia
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Marginal note:Short title
1 This Act may be cited as the First Nations Jurisdiction over Education in British Columbia Act.
Authority means the First Nations Education Authority established by section 11. (Autorité scolaire)
council of a participating First Nation
conseil de la première nation participante
council of a participating First Nation has the same meaning as the expression council of the band in subsection 2(1) of the Indian Act. (conseil de la première nation participante)
education means education programs and services of a nature generally provided to students from kindergarten to grade 12. (éducation)
First Nation land
First Nation land means a reserve, as that term is defined in subsection 2(1) of the Indian Act, that is situated in British Columbia and that is set apart for a participating First Nation, and includes first nation land as that term is defined in subsection 2(1) of the First Nations Land Management Act. (terres autochtones)
First Nation law
First Nation law means a law made under subsection 9(1). (loi autochtone)
individual agreement means an agreement entered into between Her Majesty in right of Canada and a participating First Nation with respect to jurisdiction over education by the participating First Nation on First Nation land, and includes any amendments to the agreement made pursuant to its provisions. (accord spécifique)
Minister means the Minister of Indian Affairs and Northern Development. (ministre)
participating First Nation
première nation participante
participating First Nation means a band named in the schedule. (première nation participante)
Marginal note:Words and expressions in Indian Act
Marginal note:Conflict with agreement
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
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
(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.
First Nations Education Authority
11 (1) There is hereby established in British Columbia the First Nations Education Authority, to be managed by a board of directors that consists of a minimum of six directors, including a President and a Vice-President.
Marginal note:Capacity, rights, powers and privileges
(2) The Authority has the capacity, rights, powers and privileges of a natural person, including the capacity
Marginal note:Not agent of Her Majesty
12 The Authority is not an agent of Her Majesty.
Marginal note:Appointment of directors
13 (1) Each participating First Nation has the right to appoint two directors to the board of directors, at least one of whom shall be a member of the participating First Nation, for an initial term of two years. Directors may be reappointed, for a term fixed by the board, for second or subsequent terms.
Marginal note:Removal from office
(2) A director holds office at the pleasure of the participating First Nation that appointed them, but they may be removed by the board of directors at any time for cause or for a ground set out in the board’s rules.
Marginal note:Appointment of President and Vice-President
14 The board of directors shall appoint a President and a Vice-President, from among the directors, to hold office at the pleasure of the board for an initial term not exceeding two years, and they may be reappointed for terms of appointment to be established by the board.
Marginal note:Rules of procedure
15 The board of directors may make rules that are consistent with this Act for the purpose of carrying out the Authority’s work,
(a) specifying the grounds for the removal of directors in addition to those generally recognized by law;
(b) conducting and managing its internal administrative affairs; and
(c) specifying the duties of its officers, directors and employees and of persons retained by it.
Marginal note:Head office
16 The Authority’s head office shall be in British Columbia.
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