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  1. First Nations Jurisdiction over Education in British Columbia Act - S.C. 2006, c. 10 (Section 21)
    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.


  2. First Nations Jurisdiction over Education in British Columbia Act - S.C. 2006, c. 10 (Section 2)
    Marginal note:Definitions
    •  (1) The following definitions apply in this Act.

      Authority

      Authority  means the First Nations Education Authority established by section 11. (Autorité scolaire)

      council of a participating First Nation

      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)

      First Nation land

      First Nation land  means a reserve, as 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 defined in subsection 2(1) of the Framework Agreement on First Nation Land Management Act. (terres autochtones)

      First Nation law

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

      individual agreement

      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)

      participating First Nation

      participating First Nation means a band named in the schedule. (première nation participante)

    [...]


  3. First Nations Jurisdiction over Education in British Columbia Act - S.C. 2006, c. 10 (Section 19)
    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.

    • (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


  4. First Nations Jurisdiction over Education in British Columbia Act - S.C. 2006, c. 10 (Section 22)
    Marginal note:Establishment
    •  (1) A participating First Nation may, on its own or jointly with other participating First Nations, establish a Community Education Authority to operate, administer and manage the education system of the participating First Nation on First Nation land in accordance with an individual agreement.

    • Marginal note:Powers, rights and duties

      (2) A Community Education Authority has the powers, rights, privileges and benefits conferred on it by a participating First Nation and shall perform the duties — and be subject to the liabilities — imposed on it by a First Nation law in accordance with an individual agreement.


  5. First Nations Jurisdiction over Education in British Columbia Act - S.C. 2006, c. 10 (Section 24)
    Marginal note:Participating First Nation not liable
    •  (1) A participating First Nation is not liable in respect of anything done or omitted to be done by Her Majesty, or any person or body authorized by Her Majesty to act, in the exercise of their powers, duties and functions in relation to education.

    • Marginal note:Indemnification of participating First Nation

      (2) Her Majesty shall indemnify a participating First Nation for any loss suffered by the participating First Nation as a result of an act or omission described in subsection (1).

    • Marginal note:Her Majesty not liable

      (3) Her Majesty is not liable in respect of anything done or omitted to be done by a participating First Nation, or any person or body authorized by the participating First Nation to act, in the exercise of their powers, duties and functions in relation to education.

    • Marginal note:Indemnification of Her Majesty

      (4) The participating First Nation shall indemnify Her Majesty for any loss suffered by Her Majesty as a result of an act or omission described in subsection (3).



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