Anishinabek Nation Education Agreement Act (S.C. 2017, c. 32)

Short Title

Marginal note:Short title

1 This Act may be cited as the Anishinabek Nation Education Agreement Act.

Interpretation

Marginal note:Definitions

2 The following definitions apply in this Act.

Agreement

Agreement means the Anishinabek Nation Education Agreement signed on August 16, 2017, including any amendments made to it. (Accord)

band

band has the same meaning as in subsection 2(1) of the Indian Act. (bande)

constitution

constitution means a constitution ratified by a participating First Nation in conformity with the Agreement. (constitution)

education

education means education programs and services of a nature generally provided to students from junior kindergarten to the end of secondary school in Ontario. (éducatifs)

First Nation law

First Nation law means a law made under section 7. (texte législatif autochtone)

participating First Nation

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

student

student has the same meaning as in section 1.1 of the Agreement. (élève)

Marginal note:Agreement prevails

• 3 (1) In the event of an inconsistency or conflict between the Agreement and the provisions of any Act of Parliament, or of any regulation made under an Act of Parliament, the Agreement prevails to the extent of the conflict or inconsistency.

• Marginal note:Act prevails

  (2) Subject to subsection (3), in the event of an inconsistency or conflict between the provisions of this Act and the provisions of any other Act of Parliament, or of any regulation made under any other Act of Parliament, the provisions of this Act prevail to the extent of the inconsistency or conflict.

• Marginal note:Anishinabek Nation Governance Agreement Act

  (3) The provisions of the Anishinabek Nation Governance Agreement Act prevail over the provisions of this Act, and of any regulation made under this Act, to the extent of any inconsistency or conflict between them.

Agreement

Marginal note:Application of Act

4 This Act applies to every participating First Nation.

Marginal note:Agreement given effect

• 5 (1) The Agreement is approved, given effect and declared valid and has the force of law.

• Marginal note:For greater certainty

  (2) For greater certainty, the Agreement is binding on, and may be relied on by, all persons and bodies.

Marginal note:Not a treaty

6 The Agreement is not a treaty within the meaning of section 35 of the Constitution Act, 1982.

Marginal note:First Nation laws

7 A participating First Nation may, to the extent provided by the Agreement, make laws respecting education that are applicable on its reserve, as defined in subsection 2(1) of the Indian Act.

Marginal note:Education

• 8 (1) A participating First Nation must provide or make provision for education for students to the extent provided by the Agreement.

• Marginal note:Transferability

  (2) The education provided must, if practicable, be comparable to education provided by the public school system of Ontario, in order to facilitate the transfer of students without academic penalty to and from that school system.

Marginal note:Kinoomaadziwin Education Body

• 9 (1) A corporation without share capital to be known as Kinoomaadziwin Education Body is established to support the delivery of education under this Act.

• Marginal note:Powers, duties, etc.

  (2) The powers, duties, functions, role and composition of the Kinoomaadziwin Education Body are to be determined in accordance with the Agreement.

Marginal note:Regional Education Council

• 10 (1) A participating First Nation may, with one or more participating First Nations, establish a Regional Education Council, in accordance with the Agreement, to support the coordination and delivery of education.

• Marginal note:Powers, duties, etc.

  (2) The powers, duties, functions, role and composition of the Regional Education Council are to be determined, in accordance with the Agreement, by the participating First Nations that establish it.

Marginal note:Local Education Authority

• 11 (1) A participating First Nation may establish a Local Education Authority, in accordance with the Agreement, to support it in the exercise of its powers, including the power to make First Nation laws.

• Marginal note:Powers, duties, etc.

  (2) The powers, duties, functions, role and composition of the Local Education Authority are to be determined, in accordance with the Agreement, by the participating First Nation that establishes it.

General

Marginal note:Indian Act

12 On the coming into force of a First Nation law, subsection 114(1) and sections 115 to 117 of the Indian Act cease to apply to the participating First Nation that made it.

Marginal note:Judicial notice  —  First Nation laws

• 13 (1) Judicial notice must be taken of a First Nation law that is registered in the official registry of laws maintained by a participating First Nation in accordance with the Agreement.

• Marginal note:Evidence

  (2) In any proceedings, evidence of a First Nation law may be given by the production of a copy of the law, certified to be a true copy by a person authorized by the participating First Nation, without proof of that person’s signature or official character.

Marginal note:Statutory Instruments Act

14 A First Nation law is not a statutory instrument for the purposes of the Statutory Instruments Act.

Regulations and Orders

Marginal note:Regulations and orders

15 The Governor in Council may make any regulations or orders that he or she considers necessary for the purpose of carrying out the provisions of this Act, the Agreement or other agreements related to the implementation of the Agreement.

Amendment of Schedule

Marginal note:Addition of name of participating First Nation

• 16 (1) The Governor in Council may, by order, add the name of any First Nation to the schedule if he or she is satisfied that the First Nation has, in a manner consistent with the Agreement, ratified the Agreement and has a constitution.

• Marginal note:Amendment or removal

  (2) The Governor in Council may, by order, amend the schedule to amend or remove the name of a participating First Nation if he or she is satisfied that consent to the amendment or removal was obtained in a manner consistent with the Agreement.

Consequential Amendments

Access to Information Act

17 [Amendment]

Privacy Act

18 [Amendments]

Coordinating Amendments

19 [Amendments]

Coming into Force

Marginal note:April 1, 2018

20 This Act, other than section 19, comes into force on April 1, 2018.