First Nations Jurisdiction over Education in British Columbia Act (S.C. 2006, c. 10)

Act current to 2017-10-13 and last amended on 2007-11-22. Previous Versions

First Nations Jurisdiction over Education in British Columbia Act

S.C. 2006, c. 10

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:

Short Title

Marginal note:Short title

 This Act may be cited as the First Nations Jurisdiction over Education in British Columbia Act.

Interpretation

Marginal note:Definitions
  •  (1) The following definitions apply in this Act.

    Authority

    Autorité scolaire

    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

    éducation

    education means education programs and services of a nature generally provided to students from kindergarten to grade 12. (éducation)

    First Nation land

    terres autochtones

    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

    loi autochtone

    First Nation law means a law made under subsection 9(1). (loi autochtone)

    individual agreement

    accord spécifique

    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

    ministre

    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

    (2) Unless the context otherwise requires, words and expressions used in this Act have the same meaning as in the Indian Act.

Marginal note:Conflict with agreement
  •  (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

Marginal note:Purpose

 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
  •  (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

 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

 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

 An individual agreement is binding on and may be relied on by all persons.

Marginal note:Legislative powers
  •  (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).

  • Marginal note:Transferability

    (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

 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

Marginal note:Establishment
  •  (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

    • (a) to enter into contracts;

    • (b) to acquire, hold and dispose of property or an interest in property;

    • (c) to raise, invest or borrow money; and

    • (d) to sue and be sued in its own name.

Marginal note:Not agent of Her Majesty

 The Authority is not an agent of Her Majesty.

Marginal note:Appointment of directors
  •  (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

 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

 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

 The Authority’s head office shall be in British Columbia.

 
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