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

Act current to 2014-10-15 and last amended on 2007-11-22. Previous Versions

PURPOSE AND POWERS OF THE AUTHORITY

Marginal note:Mandate

 The purpose of the Authority is to assist participating First Nations in developing the capacity to provide education on First Nation land and to provide for any other matters related to education that may be agreed to by the Authority and a participating First Nation in accordance with an individual agreement.

Marginal note:Education co-management agreements
  •  (1) In furthering its purpose, the Authority shall, if requested by a participating First Nation and in accordance with an individual agreement, enter into a co-management agreement in respect of education with that participating First Nation.

  • Marginal note:Education standards

    (2) The Authority shall, as provided for by a co-management agreement,

    • (a) establish standards that are applicable to education provided by a participating First Nation on First Nation land for curriculum and examinations for courses necessary to meet graduation requirements;

    • (b) provide a teacher certification process for teachers providing educational instruction in schools operated by a participating First Nation on First Nation land, other than teachers who teach only the language and culture of the participating First Nation;

    • (c) provide, upon request by a participating First Nation, a teacher certification process for teachers who teach only the language and culture of the participating First Nation in schools operated by the participating First Nation on First Nation land;

    • (d) provide a process for certifying schools that are operated by a participating First Nation on First Nation land; and

    • (e) perform any other duties that are consistent with the individual agreement and this Act.

  • Marginal note:Consultation with province

    (3) The Authority shall consult with the competent authorities in British Columbia regarding standards established under paragraph (2)(a).

Marginal note:Delegation

 The Authority may exercise the jurisdiction over education that is delegated to it by a participating First Nation in accordance with an individual agreement.

Marginal note:Other First Nations
  •  (1) The board of directors may authorize the Authority to enter into agreements in respect of education with any First Nation in British Columbia other than a participating First Nation if that First Nation has entered into a comprehensive self-government agreement, a treaty or a land claims agreement, providing for jurisdiction over education.

  • Marginal note:Agreements with other First Nations

    (2) If the Authority has been authorized by the board of directors to enter into agreements under subsection (1), the Authority may, if requested by a First Nation described in subsection (1) and in accordance with a comprehensive self-government agreement, a treaty or a land claims agreement, providing for jurisdiction over education, enter into an agreement in respect of education with that First Nation.

  • Marginal note:Delegated jurisdiction

    (3) If the Authority has entered into an agreement with a First Nation under subsection (2), the Authority shall exercise the jurisdiction over education that is delegated to it by that First Nation in British Columbia in a manner consistent with subsection 19(2).

  • Marginal note:Additional directors

    (4) If the Authority has entered into an agreement with a First Nation under subsection (2), that First Nation has the right to appoint two directors to the board of directors, at least one of whom shall be a member of that First Nation. A director holds office at the pleasure of the First Nation that appointed them, but may be removed by the board for cause or for a ground set out in the board’s rules.

  • Marginal note:Terms of appointment

    (5) A director appointed under subsection (4) holds office for an initial term of two years and may be reappointed for a second or subsequent term, for a term of appointment fixed by the board of directors.