07040_01 First Nations Education Act B.C.

Current to 2007-11-29

Contents
preamble — Preamble

WHEREAS the Province entered into the Education Jurisdiction Framework Agreement with the government of Canada and the First Nations Education Steering Committee on July 5, 2006; AND WHEREAS the Province also entered into the British Columbia First Nation Education Agreement with the First Nations Education Steering Committee on July 5, 2006; AND WHEREAS the government of Canada has enacted the First Nations Jurisdiction over Education in British Columbia Act, S.C. 2006, c. 10; AND WHEREAS section 9 (1) of the First Nations Jurisdiction over Education in British Columbia Act (Canada) authorizes, to the extent provided by an individual agreement between the government of Canada and a participating First Nation, the participating First Nation to enact laws respecting education on First Nation land; THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

s. 1 — Definitions

In this Act:

s. 1 — British Columbia First Nation Education Agreement

British Columbia First Nation Education Agreement means the agreement entered into between the Province and the First Nations Education Steering Committee, dated July 5, 2006;

s. 1 — education

education has the same meaning as in the First Nations Jurisdiction over Education in British Columbia Act (Canada);

s. 1 — Education Jurisdiction Framework Agreement

Education Jurisdiction Framework Agreement means the agreement entered into by the Province, the government of Canada and the First Nations Education Steering Committee, dated July 5, 2006;

s. 1 — First Nation land

First Nation land has the same meaning as in the First Nations Jurisdiction over Education in British Columbia Act (Canada);

s. 1 — First Nation law

First Nation law has the same meaning as in the First Nations Jurisdiction over Education in British Columbia Act (Canada);

s. 1 — First Nations Education Authority

First Nations Education Authority has the same meaning as in the First Nations Jurisdiction over Education in British Columbia Act (Canada);

s. 1 — individual agreement

individual agreement has the same meaning as in the First Nations Jurisdiction over Education in British Columbia Act (Canada);

s. 1 — participating First Nation

participating First Nation has the same meaning as in the First Nations Jurisdiction over Education in British Columbia Act (Canada).

s. 2 — Jurisdiction over education on First Nation land

In accordance with the British Columbia First Nation Education Agreement, the Province recognizes that a participating First Nation may enact First Nation laws with respect to education provided by the participating First Nation on First Nation land, to the extent authorized by an individual agreement between the government of Canada and that participating First Nation brought into effect by the First Nations Jurisdiction over Education in British Columbia Act (Canada).

s. 2.1 — Assistance with teacher certification and regulation

If requested by the First Nations Education Authority, the Province will assist the First Nations Education Authority with the First Nations Education Authority's certification and regulation of teachers.

s. 3 — Consultation

The Province will consult with the First Nations Education Authority in any general consultations respecting a proposed change to education policy, legislation or standards that may materially affect any of the following:

s. 3(a)

an education program offered by a participating First Nation;

s. 3(b)

assessments, teacher certification, graduation requirements or curriculum;

s. 3(c)

any matter related to assessments, teacher certification, graduation requirements or curriculum.

s. 4 — This Act prevails

If a provision of this Act is inconsistent or in conflict with a provision of another Act, the provision of this Act prevails.

5-18

s. 19 — Commencement

This Act comes into force by regulation of the Lieutenant Governor in Council.