Mi’kmaq Education Act (S.C. 1998, c. 24)

Act current to 2012-05-02 and last amended on 2011-10-17. Previous Versions

Mi’kmaq Education Act

S.C. 1998, c. 24

Assented to 1998-06-18

An Act respecting the powers of the Mi’kmaq of Nova Scotia in relation to education

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 Mi’kmaq Education Act.

INTERPRETATION AND APPLICATION

Marginal note:Definitions

 The definitions in this section apply in this Act.

“Agreement”

« convention »

“Agreement” means the agreement between Her Majesty the Queen in right of Canada and the Mi’kmaq Bands in Nova Scotia with respect to education, signed on February 14, 1997.

“band”

« bande »

“band” means a band within the meaning of the Indian Act.

“community”

« communauté »

“community” means a band that is named in the schedule.

“constitution”

« constitution »

“constitution” means a constitution in relation to education adopted by the council of a community that is in conformity with the provisions of Schedule D to the Agreement.

“council”

« conseil »

“council”, in relation to a band or community, means the council of the band or community as referred to in the Indian Act.

“member”

« membre »

“member”, in relation to a community, means a person whose name appears on the band list maintained for the community in accordance with the Indian Act or who is entitled to have that name appear on the band list.

“reserve”

« réserve »

“reserve” means a reserve within the meaning of the Indian Act.

Marginal note:Legal capacity
  •  (1) For the purposes of this Act, a community shall act through its council.

  • Marginal note:Majority vote

    (2) For greater certainty, paragraph 2(3)(b) of the Indian Act applies in respect of the powers of the council of a community under this Act.