First Nations Jurisdiction Over EducationThe focus of this initial phase is jurisdiction over on-reserve, Kindergarten to Grade 12 level First Nations schools. The Framework has been

First NationsJurisdiction Over Education

Table of ConTenTs

Introduction

Provincial Enabling Legislation, 2007: First Nations Education Act ........................................................................................................1

Federal Enabling Legislation, 2006: First Nations Jurisdiction over Education in British Columbia ....................................................9

Education Jurisdiction Framework Agreement, 2006 ...............................................................25

BC First Nation Education Agreement ................................................................. Schedule A

Canada-First Nation Education Jurisdiction Agreement Template ...................... Schedule B

Canada-First Nation Education Jurisdiction Funding Agreement Template ........ Schedule C

Implementation Plan Template ............................................................................ Schedule D

InTroduCTIon

Jurisdiction over education is the formal recognition by the federal and provincial governments of a First Nation’s right to make decisions about the education of its children. First Nations across Canada have been seeking recognition of their education jurisdiction for decades, viewing this recognition as a critical component of their First Nations rights, as well as a meaningful part of their efforts to improve education for First Nations learners.

First Nations representatives who have been actively pursuing this right have drawn inspiration from the generations of people who have been committed to this issue, including those who created the Indian Control of Indian Education policy paper issued by the National Indian Brotherhood (1972), and those who contributed to the findings of the Royal Commission on Aboriginal Peoples (1996). Experience indicates that when First Nations control their education system, student success levels increase.

First Nations in BC, working together through the First Nations Education Steering Committee, an independent non-profit society directed by First Nations communities, have attained several major jurisdiction milestones in recent years. This publication is a compilation of documents related to those achievements.

The first landmark was reached on July 24, 2003, when First Nations, federal and provincial government representatives signed a Memorandum of Understanding (MoU) outlining the key elements of First Nations education jurisdiction. Negotiations then continued, and in November 2005, the negotiators initialled formal agreements based upon the MoU framework. A full package of jurisdiction agreements was formally signed on July 5, 2006 by the three parties, in a celebration witnessed by a large audience at the Squamish First Nation community in North Vancouver.

On November 23, 2006, Bill C-34: First Nations Jurisdiction over Education Act was introduced in the House of Commons by the Honourable Jim Prentice, Minister of Indian Affairs and Northern Development. It was passed by both the House of Commons and the Senate, and received Royal Assent on December 12, 2006. This federal enabling legislation created a new legal entity, the First Nations Education Authority, and established the legal foundation for the creation of Community Education Authorities through First Nations’ laws.

Finally, First Nations achieved the passage of provincial enabling legislation for jurisdiction. Bill 46: The First Nations Education Act received Royal Assent in the BC Legislature on November 29, 2007.

First Nations are confident that the jurisdiction agreements will serve as an important foundation for achieving increased education success for First Nations learners. First Nations subscribe to the philosophy of lifelong learning and in BC that is the approach being taken towards education jurisdiction. However, it has been agreed that there will be a phased approach to education jurisdiction negotiations beginning with the K-12 system and then moving on to early childhood development and post-secondary programming.

With this infrastructure in place, First Nations have a strong foundation that will enable them to govern their own education systems on-reserve and work with the BC public education system as a partner for learners who attend school off-reserve.

The focus of this initial phase is jurisdiction over on-reserve, Kindergarten to Grade 12 level First Nations schools. The Framework has been designed in such a way that each First Nation that chooses to participate must formally indicate that it wishes to enter into the agreement. It also recognizes that, as they are concluded, treaties and self-governance agreements will take precedence over the jurisdiction agreements.

At the time of this document’s publication, 63 BC First Nations had formally indicated their interest in negotiating the Canada-First Nation Education Jurisdiction Agreement and 13 First Nations were pursuing formal negotiations. The First Nations who are not formally negotiating are supporting the lead 13 First Nations in their negotiations. Planning is well underway for implementing education jurisdiction and a great deal of collective work has been done to develop mechanisms, templates, resources, and capacity building that will support the success of the jurisdiction initiative.

As we celebrate these accomplishments, we remember that the purpose of these efforts is to improve the success of First Nations students within an effective and relevant education system. The First Nations of BC want our children to attain their full potential, and the implementation of jurisdiction will be an important new tool for achieving this goal.

1

2

3

4

5

6

7

8

First Session, Thirty-ninth Parliament,55 Elizabeth II, 2006

STATUTES OF CANADA 2006

CHAPTER 10

An Act to provide for jurisdiction over education on FirstNation lands in British Columbia

ASSENTED TO

12th DECEMBER, 2006

BILL C-34

Première session, trente-neuvième législature,55 Elizabeth II, 2006

LOIS DU CANADA (2006)

CHAPITRE 10

Loi concernant la compétence en matière d’éducation sur lesterres autochtones en Colombie-Britannique

SANCTIONNÉE

LE 12 DÉCEMBRE 2006

PROJET DE LOI C-34

9

RECOMMENDATION

Her Excellency the Governor General recommends to the House ofCommons the appropriation of public revenue under the circumstances, inthe manner and for the purposes set out in a measure entitled “An Act to providefor jurisdiction over education on First Nation lands in British Columbia”.

SUMMARY

This enactment enables agreements between Her Majesty in right of Canadaand individual First Nations in British Columbia with respect to jurisdictionover education on First Nation land to be brought into effect by order incouncil. It includes the establishment of a First Nations Education Authorityand sets out the powers, duties, functions and composition of that entity.Consequential amendments to other federal Acts are also included.

RECOMMANDATION

Son Excellence la gouverneure générale recommande à la Chambre descommunes l’affectation de deniers publics dans les circonstances, de la manièreet aux fins prévues dans une mesure intitulée « Loi concernant la compétenceen matière d’éducation sur les terres autochtones en Colombie-Britannique ».

SOMMAIRE

Le texte vise à donner effet, par décret, aux accords spécifiques portant sur lacompétence des premières nations en matière d’éducation sur les terresautochtones en Colombie-Britannique. Il prévoit la constitution de l’Autoritéscolaire des premières nations et en précise la composition et les attributions. Ilprévoit également des modifications corrélatives à d’autres lois fédérales.

Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca

Aussi disponible sur le site Web du Parlement du Canada à l’adresse suivante :http://www.parl.gc.ca

10

TABLE OF PROVISIONS

AN ACT TO PROVIDE FOR JURISDICTION OVEREDUCATION ON FIRST NATION LANDS IN BRITISH

COLUMBIA

SHORT TITLE

1. First Nations Jurisdiction over Education in British ColumbiaAct

INTERPRETATION

2. Definitions

3. Conflict with agreement

PURPOSE AND EFFECT OF THE ACT

4. Purpose

5. Bringing agreement into effect

6. Order in council — deletions from the schedule

EFFECT OF INDIVIDUAL AGREEMENT

7. Persons and bodies subject to agreement

8. Agreement binding

9. Legislative powers

10. Scope of individual agreement

FIRST NATIONS EDUCATION AUTHORITY

11. Establishment

12. Not agent of Her Majesty

13. Appointment of directors

14. Appointment of President and Vice-President

15. Rules of procedure

16. Head office

17. Staff

PURPOSE AND POWERS OF THE AUTHORITY

18. Mandate

19. Education co-management agreements

20. Delegation

21. Other First Nations

TABLE ANALYTIQUE

LOI CONCERNANT LA COMPÉTENCE EN MATIÈRED’ÉDUCATION SUR LES TERRES AUTOCHTONES EN

COLOMBIE-BRITANNIQUE

TITRE ABRÉGÉ

1. Loi sur la compétence des premières nations en matièred’éducation en Colombie-Britannique

DÉFINITIONS ET INTERPRÉTATION

2. Définitions

3. Conflits : accord spécifique

OBJET ET EFFET

4. Objet

5. Prise d’effet

6. Décret : suppression de l’annexe

EFFET DE L’ACCORD SPÉCIFIQUE

7. Droits et obligations

8. Opposabilité

9. Pouvoirs législatifs

10. Portée de l’accord spécifique

AUTORITÉ SCOLAIRE DES PREMIÈRES NATIONS

11. Constitution

12. Statut

13. Nomination des administrateurs

14. Nomination du président et du vice-président

15. Procédure

16. Siège

17. Personnel

MISSION ET ATTRIBUTIONS DE L’AUTORITÉ SCOLAIRE

18. Mission

19. Accords de cogestion

20. Délégation

21. Autres premières nations

11

ii

COMMUNITY EDUCATION AUTHORITY

22. Establishment

OTHER ACTS

23. Indian Act

LIABILITY

24. Participating First Nation not liable

MINISTER’S DUTIES AND POWERS

25. Schools

GENERAL

26. Judicial notice of individual agreements

27. Judicial notice of First Nation laws

28. Statutory Instruments Act

29. Federal Courts Act

30. Notice of court or tribunal proceedings

ORDERS AND REGULATIONS

31. Orders in council

CONSEQUENTIAL AMENDMENTS

32. Access to Information Act

33-34. Privacy Act

COMING INTO FORCE

35. Order in council

SCHEDULE

ADMINISTRATION SCOLAIRE COMMUNAUTAIRE

22. Constitution

CADRE LÉGISLATIF

23. Loi sur les Indiens

RESPONSABILITÉ

24. Décharge : première nation participante

ATTRIBUTIONS DU MINISTRE

25. Écoles

DISPOSITIONS GÉNÉRALES

26. Admission d’office : accords

27. Admission d’office : lois autochtones

28. Loi sur les textes réglementaires

29. Loi sur les Cours fédérales

30. Avis : procédure judiciaire ou administrative

DÉCRETS ET RÈGLEMENTS

31. Décrets et règlements

MODIFICATIONS CORRÉLATIVES

32. Loi sur l’accès à l’information

33-34. Loi sur la protection des renseignements personnels

ENTRÉE EN VIGUEUR

35. Décret

ANNEXE

12

Short title

Definitions

“Authority”«Autoritéscolaire »

“council of aparticipatingFirst Nation”« conseil de lapremière nationparticipante »

“education”« éducation »

“First Nationland”« terresautochtones »

55 ELIZABETH II

——————

CHAPTER 10

An Act to provide for jurisdiction over educa-tion on First Nation lands in BritishColumbia

[Assented to 12th December, 2006]

Her Majesty, by and with the advice andconsent of the Senate and House of Commonsof Canada, enacts as follows:

SHORT TITLE

1. This Act may be cited as the First NationsJurisdiction over Education in British ColumbiaAct.

INTERPRETATION

2. (1) The following definitions apply in thisAct.

“Authority” means the First Nations EducationAuthority established by section 11.

“council of a participating First Nation” has thesame meaning as the expression “council of theband” in subsection 2(1) of the Indian Act.

“education” means education programs andservices of a nature generally provided tostudents from kindergarten to grade 12.

“First Nation land” means a “reserve”, as thatterm is defined in subsection 2(1) of the IndianAct, that is situated in British Columbia and thatis set apart for a participating First Nation, andincludes “first nation land” as that term isdefined in subsection 2(1) of the First NationsLand Management Act.

55 ELIZABETH II

——————

CHAPITRE 10

Loi concernant la compétence en matièred’éducation sur les terres autochtones enColombie-Britannique

[Sanctionnée le 12 décembre 2006]

Sa Majesté, sur l’avis et avec le consentementdu Sénat et de la Chambre des communes duCanada, édicte :

TITRE ABRÉGÉ

1. Loi sur la compétence des premièresnations en matière d’éducation en Colombie-Britannique.

DÉFINITIONS ET INTERPRÉTATION

2. (1) Les définitions qui suivent s’appli-quent à la présente loi.

« accord spécifique » Accord conclu entre SaMajesté du chef du Canada et une premièrenation participante et portant sur la compétencequ’exerce celle-ci en matière d’éducation sur sesterres autochtones, y compris les modificationsqui peuvent lui être apportées conformément àses dispositions.

« Autorité scolaire » L’Autorité scolaire despremières nations constituée par l’article 11.

« conseil de la première nation participante » Leconseil de la bande au sens du paragraphe 2(1)de la Loi sur les Indiens.

« éducation » Les programmes et services édu-catifs de même nature que ceux généralementfournis aux écoliers, de la classe maternellejusqu’à la douzième année.

Titre abrégé

Définitions

« accordspécifique »“individualagreement”

«Autoritéscolaire »“Authority”

« conseil de lapremière nationparticipante »“council of aparticipatingFirst Nation”

« éducation »“education”

13

“First Nationlaw”« loiautochtone »

“individualagreement”« accordspécifique »

“Minister”«ministre »

“participatingFirst Nation”« premièrenationparticipante »

Words andexpressions inIndian Act

Conflict withagreement

Conflict withAct

Purpose

Bringingagreement intoeffect

Force of law ofagreement

Order incouncil—deletions fromthe schedule

“First Nation law” means a law made undersubsection 9(1).

“individual agreement” means an agreemententered into between Her Majesty in right ofCanada and a participating First Nation withrespect to jurisdiction over education by theparticipating First Nation on First Nation land,and includes any amendments to the agreementmade pursuant to its provisions.

“Minister” means the Minister of Indian Affairsand Northern Development.

“participating First Nation” means a bandnamed in the schedule.

(2) Unless the context otherwise requires,words and expressions used in this Act have thesame meaning as in the Indian Act.

3. (1) In the event of a conflict between anindividual agreement and any Act of Parliament,including this Act, the individual agreementprevails to the extent of the conflict.

(2) In the event of a conflict between this Actand any other Act of Parliament, this Actprevails to the extent of the conflict.

PURPOSE AND EFFECT OF THE ACT

4. The purpose of this Act and of orders ofthe Governor in Council made under this Act isto bring into effect individual agreementsentered into with participating First Nations.

5. (1) Once an individual agreement hasbeen entered into, the Governor in Councilmay, by order, bring it into effect and add thename of the band that is party to it to theschedule.

(2) An individual agreement is given theforce of law by an order made under subsection(1).

6. The Governor in Council may, by order,delete the name of a participating First Nationfrom the schedule if the Minister is satisfied thatthe participating First Nation has entered into a

« loi autochtone » Loi visée au paragraphe 9(1).

«ministre » Le ministre des Affaires indienneset du Nord canadien.

« première nation participante » Bande dont lenom figure à l’annexe.

« terres autochtones » Réserve, au sens duparagraphe 2(1) de la Loi sur les Indiens, situéeen Colombie-Britannique et mise de côté pour lapremière nation participante. Sont visées par laprésente définition les terres de la premièrenation au sens du paragraphe 2(1) de la Loi surla gestion des terres des premières nations.

(2) Sauf indication contraire du contexte, lesautres termes utilisés dans la présente lois’entendent au sens de la Loi sur les Indiens.

3. (1) Les dispositions de tout accord spéci-fique l’emportent sur celles de toute loi fédérale,y compris la présente loi.

(2) Les dispositions de la présente loil’emportent sur celles de toute autre loi fédérale.

OBJET ET EFFET

4. La présente loi et les décrets pris sous sonrégime visent à donner effet aux accordsspécifiques conclus avec les premières nationsparticipantes.

5. (1) Lorsqu’un accord spécifique estconclu, le gouverneur en conseil peut, pardécret, le mettre en vigueur et ajouter à l’annexele nom de la bande qui y est partie.

(2) Le décret donne force de loi à l’accordspécifique qu’il vise.

6. Le gouverneur en conseil peut, par décret,supprimer de l’annexe le nom d’une premièrenation participante dans les cas où le ministreest convaincu que celle-ci a conclu un accordglobal sur l’autonomie gouvernementale, un

« loiautochtone »“First Nationlaw”

«ministre »“Minister”

« premièrenationparticipante »“participatingFirst Nation”

« terresautochtones »“First Nationland”

Terminologie :Loi sur lesIndiens

Conflits : accordspécifique

Conflits :présente loi

Objet

Prise d’effet

Effet du décret

Décret :suppression del’annexe

2 C. 10 First Nations Jurisdiction over Education in British Columbia 55 ELIZ. II

14

Persons andbodies subject toagreement

Agreementbinding

Legislativepowers

Transferability

Scope ofindividualagreement

Establishment

Capacity, rights,powers andprivileges

comprehensive self-government agreement, atreaty or a land claims agreement, providing forjurisdiction over education.

EFFECT OF INDIVIDUAL AGREEMENT

7. Persons and bodies have the powers,rights, privileges and benefits conferred onthem by an individual agreement and are subjectto any obligations and liabilities imposed onthem by an individual agreement.

8. An individual agreement is binding on andmay be relied on by all persons.

9. (1) A participating First Nation has, to theextent provided by an individual agreement, thepower

(a) to enact laws respecting education onFirst Nation land; and

(b) to delegate to the Authority its power tomake laws under paragraph (a).

(2) A participating First Nation shall provide,or make provision for, education so as to allowstudents to transfer without academic penalty toan equivalent level in another school within theschool system of British Columbia.

10. For greater certainty, nothing in this Actrenders ineffective any provision, or anyamendment made to a provision, of an indi-vidual agreement for which specific provision isnot made in this Act.

FIRST NATIONS EDUCATION AUTHORITY

11. (1) There is hereby established in BritishColumbia the First Nations Education Author-ity, to be managed by a board of directors thatconsists of a minimum of six directors, includ-ing a President and a Vice-President.

(2) The Authority has the capacity, rights,powers and privileges of a natural person,including the capacity

(a) to enter into contracts;

(b) to acquire, hold and dispose of propertyor an interest in property;

(c) to raise, invest or borrow money; and

(d) to sue and be sued in its own name.

traité ou un accord sur des revendicationsterritoriales réglant sa compétence en matièred’éducation.

EFFET DE L’ACCORD SPÉCIFIQUE

7. Les personnes et organismes visés parl’accord spécifique ont les pouvoirs, droits,privilèges et avantages que celui-ci leur confèreet sont assujettis aux obligations et responsabi-lités qui y sont stipulées.

8. L’accord spécifique est opposable à tous etquiconque peut s’en prévaloir.

9. (1) La première nation participante peut,conformément à l’accord spécifique qui laconcerne :

a) établir des lois en matière d’éducation surses terres autochtones;

b) déléguer ce pouvoir à l’Autorité scolaire.

(2) Elle prend en outre des mesures pour queles services éducatifs fournis permettent auxétudiants de passer, sans perte de scolarité, à unniveau équivalent dans une autre école dusystème scolaire de Colombie-Britannique.

10. Il est entendu que la présente loi n’a paspour effet de rendre inopérantes les dispositions— y compris leurs modifications — de toutaccord spécifique sur lesquelles elle est silen-cieuse.

AUTORITÉ SCOLAIRE DES PREMIÈRESNATIONS

11. (1) Est constituée, en Colombie-Britan-nique, l’Autorité scolaire des premières nations,dirigée par un conseil d’administration composéd’au moins six administrateurs, dont le présidentet le vice-président.

(2) L’Autorité scolaire a la capacité d’unepersonne physique; elle peut notamment :

a) conclure des contrats;

b) acquérir et détenir des droits ou desintérêts sur des biens, ou en disposer;

c) prélever, placer ou emprunter des fonds;

d) ester en justice.

Droits etobligations

Opposabilité

Pouvoirslégislatifs

Transfert

Portée del’accordspécifique

Constitution

Capacitéjuridique

2006 Compétence des premières nations en matière d’éducation en Colombie-Britannique ch. 10 3

15

Not agent of HerMajesty

Appointment ofdirectors

Removal fromoffice

Appointment ofPresident andVice-President

Rules ofprocedure

Head office

Staff

Salaries andbenefits

12. The Authority is not an agent of HerMajesty.

13. (1) Each participating First Nation hasthe right to appoint two directors to the board ofdirectors, at least one of whom shall be amember of the participating First Nation, for aninitial term of two years. Directors may bereappointed, for a term fixed by the board, forsecond or subsequent terms.

(2) A director holds office at the pleasure ofthe participating First Nation that appointedthem, but they may be removed by the board ofdirectors at any time for cause or for a groundset out in the board’s rules.

14. The board of directors shall appoint aPresident and a Vice-President, from among thedirectors, to hold office at the pleasure of theboard for an initial term not exceeding twoyears, and they may be reappointed for terms ofappointment to be established by the board.

15. The board of directors may make rulesthat are consistent with this Act for the purposeof carrying out the Authority’s work,

(a) specifying the grounds for the removal ofdirectors in addition to those generallyrecognized by law;

(b) conducting and managing its internaladministrative affairs; and

(c) specifying the duties of its officers,directors and employees and of personsretained by it.

16. The Authority’s head office shall be inBritish Columbia.

17. (1) The Authority may

(a) hire any persons that are necessary toconduct its work; and

(b) determine the duties of those persons andthe conditions of their employment.

(2) Persons hired under subsection (1) shallbe paid the salary and benefits fixed by theAuthority.

12. L’Autorité scolaire n’est pas mandatairede Sa Majesté.

13. (1) Chaque première nation participantepeut nommer deux administrateurs, dont aumoins un est l’un de ses membres, pour unmandat initial de deux ans, lequel peut êtrerenouvelé une ou plusieurs fois pour la duréefixée par le conseil d’administration.

(2) L’administrateur occupe son poste à titreamovible et peut être révoqué par la premièrenation participante qui l’a nommé, ainsi que parle conseil d’administration qui doit, quant à lui,motiver la révocation ou invoquer un motifprévu par les règles du conseil d’administration.

14. Le président et le vice-président sontnommés, parmi les administrateurs et à titreamovible, par le conseil d’administration pourun mandat d’au plus deux ans, lequel peut êtrerenouvelé une ou plusieurs fois pour la duréefixée par le conseil.

15. Le conseil d’administration peut, dans lecadre de la présente loi, établir les règles qu’ilestime nécessaires pour l’exercice des activitésde l’Autorité scolaire, où sont précisés :

a) les motifs de révocation des administra-teurs, sans préjudice des autres motifsgénéralement reconnus par la loi;

b) la conduite et la gestion de ses affaires;

c) les fonctions de son personnel, desadministrateurs et de ses contractuels.

16. Le siège de l’Autorité scolaire est fixé enColombie-Britannique.

17. (1) L’Autorité scolaire peut engager lepersonnel nécessaire à l’exercice de ses activitéset en définir les fonctions et les conditionsd’emploi.

(2) Le personnel reçoit la rémunération et lesavantages fixés par l’Autorité scolaire.

Statut

Nomination desadministrateurs

Révocation

Nomination duprésident et duvice-président

Procédure

Siège

Personnel

Rémunération etavantages


16

Mandate

Education co-managementagreements

Educationstandards

Consultationwith province

PURPOSE AND POWERS OF THEAUTHORITY

18. The purpose of the Authority is to assistparticipating First Nations in developing thecapacity to provide education on First Nationland and to provide for any other matters relatedto education that may be agreed to by theAuthority and a participating First Nation inaccordance with an individual agreement.

19. (1) In furthering its purpose, the Author-ity shall, if requested by a participating FirstNation and in accordance with an individualagreement, enter into a co-management agree-ment in respect of education with that partici-pating First Nation.

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

(a) establish standards that are applicable toeducation provided by a participating FirstNation on First Nation land for curriculumand examinations for courses necessary tomeet graduation requirements;

(b) provide a teacher certification process forteachers providing educational instruction inschools operated by a participating FirstNation on First Nation land, other thanteachers who teach only the language andculture of the participating First Nation;

(c) provide, upon request by a participatingFirst Nation, a teacher certification processfor teachers who teach only the language andculture of the participating First Nation inschools operated by the participating FirstNation on First Nation land;

(d) provide a process for certifying schoolsthat are operated by a participating FirstNation on First Nation land; and

(e) perform any other duties that are con-sistent with the individual agreement and thisAct.

(3) The Authority shall consult with thecompetent authorities in British Columbiaregarding standards established under paragraph(2)(a).

MISSION ET ATTRIBUTIONS DEL’AUTORITÉ SCOLAIRE

18. L’Autorité scolaire a pour mission d’ai-der les premières nations participantes à déve-lopper la capacité nécessaire au respect de leursengagements en matière d’éducation sur leursterres autochtones et de fournir en cette matièretous autres services convenus entre elles etl’Autorité en conformité avec les accordsspécifiques applicables.

19. (1) Dans le cadre de sa mission, l’Auto-rité scolaire, à la demande d’une premièrenation participante et conformément à l’accordspécifique applicable, conclut avec celle-ci unaccord de cogestion en matière d’éducation.

(2) Conformément à l’accord de cogestion,l’Autorité scolaire :

a) établit des normes régissant l’éducationfournie par la première nation participante surses terres autochtones quant au contenu desprogrammes éducatifs et aux examens depassage requis;

b) établit le processus de certification desaptitudes pédagogiques de tout professeur quienseigne d’autres matières que la langue et laculture de la première nation participantedans les écoles administrées par celle-ci surses terres autochtones;

c) établit, pour ces mêmes écoles, le proces-sus de certification prévu à l’alinéa b) pourtout professeur qui enseigne la langue et laculture de la première nation participante, sicelle-ci en fait la demande;

d) établit le processus d’agrément des écolesadministrées par la première nation partici-pante sur ses terres autochtones;

e) exerce toute autre fonction compatibleavec l’accord spécifique et la présente loi.

(3) Pour établir des normes au titre del’alinéa (2)a), l’Autorité scolaire consulte lesautorités compétentes de Colombie-Britannique.

Mission

Accords decogestion

Normes enmatièred’éducation

Consultationavec la province


17

Delegation

Other FirstNations

Agreements withother FirstNations

Delegatedjurisdiction

Additionaldirectors

Terms ofappointment

20. The Authority may exercise the jurisdic-tion over education that is delegated to it by aparticipating First Nation in accordance with anindividual agreement.

21. (1) The board of directors may authorizethe Authority to enter into agreements in respectof education with any First Nation in BritishColumbia other than a participating First Nationif that First Nation has entered into a compre-hensive self-government agreement, a treaty ora land claims agreement, providing for jurisdic-tion over education.

(2) If the Authority has been authorized bythe board of directors to enter into agreementsunder subsection (1), the Authority may, ifrequested by a First Nation described insubsection (1) and in accordance with acomprehensive self-government agreement, atreaty or a land claims agreement, providing forjurisdiction over education, enter into an agree-ment in respect of education with that FirstNation.

(3) If the Authority has entered into anagreement with a First Nation under subsection(2), the Authority shall exercise the jurisdictionover education that is delegated to it by thatFirst Nation in British Columbia in a mannerconsistent with subsection 19(2).

(4) If the Authority has entered into anagreement with a First Nation under subsection(2), that First Nation has the right to appoint twodirectors to the board of directors, at least one ofwhom shall be a member of that First Nation. Adirector holds office at the pleasure of the FirstNation that appointed them, but may beremoved by the board for cause or for a groundset out in the board’s rules.

(5) A director appointed under subsection (4)holds office for an initial term of two years andmay be reappointed for a second or subsequentterm, for a term of appointment fixed by theboard of directors.

20. L’Autorité scolaire peut exercer lescompétences en matière d’éducation qui luisont déléguées par la première nation partici-pante conformément à l’accord spécifique ap-plicable.

21. (1) Le conseil d’administration peutautoriser l’Autorité scolaire à conclure desaccords en matière d’éducation avec toutepremière nation de la Colombie-Britanniqueautre qu’une première nation participantelorsque la première nation a conclu un accordglobal sur l’autonomie gouvernementale, untraité ou un accord sur des revendicationsterritoriales réglant sa compétence en matièred’éducation.

(2) Le cas échéant, l’Autorité scolaire peut, àla demande de toute première nation visée auparagraphe (1) et conformément à un accordglobal sur l’autonomie gouvernementale, untraité ou un accord sur des revendicationsterritoriales réglant la compétence de celle-cien matière d’éducation, conclure avec elle unaccord en cette matière.

(3) Dans le cadre de l’accord prévu auparagraphe (2), l’Autorité scolaire exerce lescompétences en matière d’éducation qui lui sontdéléguées par la première nation de manièreconforme au paragraphe 19(2).

(4) La première nation qui a conclu unaccord avec l’Autorité scolaire en vertu duparagraphe (2) peut nommer à titre amovibledeux administrateurs, dont au moins un est l’unde ses membres, les administrateurs ainsinommés pouvant être révoqués par elle ainsique par le conseil d’administration qui doit,quant à lui, motiver la révocation ou invoquerun motif prévu par les règles du conseild’administration.

(5) L’administrateur nommé en vertu duparagraphe (4) occupe son poste pour unmandat initial de deux ans, lequel peut êtrerenouvelé une ou plusieurs fois pour la duréefixée par le conseil d’administration.

Délégation

Autres premièresnations

Accords conclusavec une autrepremière nation

Compétencedéléguée

Administrateursadditionnels

Mandat


18

Establishment

Powers, rightsand duties

Indian Act

ParticipatingFirst Nation notliable

Indemnificationof participatingFirst Nation

Her Majesty notliable

Indemnificationof Her Majesty

COMMUNITY EDUCATION AUTHORITY

22. (1) A participating First Nation may, onits own or jointly with other participating FirstNations, establish a Community EducationAuthority to operate, administer and managethe education system of the participating FirstNation on First Nation land in accordance withan individual agreement.

(2) A Community Education Authority hasthe powers, rights, privileges and benefitsconferred on it by a participating First Nationand shall perform the duties— and be subject tothe liabilities — imposed on it by a First Nationlaw in accordance with an individual agreement.

OTHER ACTS

23. On the coming into force of a FirstNation law, sections 114 to 122 of the IndianAct cease to apply to the participating FirstNation and its members.

LIABILITY

24. (1) A participating First Nation is notliable in respect of anything done or omitted tobe done by Her Majesty, or any person or bodyauthorized by Her Majesty to act, in the exerciseof their powers, duties and functions in relationto education.

(2) Her Majesty shall indemnify a participat-ing First Nation for any loss suffered by theparticipating First Nation as a result of an act oromission described in subsection (1).

(3) Her Majesty is not liable in respect ofanything done or omitted to be done by aparticipating First Nation, or any person or bodyauthorized by the participating First Nation toact, in the exercise of their powers, duties andfunctions in relation to education.

(4) The participating First Nation shallindemnify Her Majesty for any loss sufferedby Her Majesty as a result of an act or omissiondescribed in subsection (3).

ADMINISTRATION SCOLAIRECOMMUNAUTAIRE

22. (1) Une première nation participantepeut, individuellement ou conjointement avecd’autres premières nations participantes, consti-tuer une administration scolaire communautairepour assurer le fonctionnement et la gestion deson système d’éducation sur ses terres autoch-tones conformément aux accords spécifiquesapplicables.

(2) L’administration scolaire communautairea les pouvoirs, droits, privilèges et avantages quilui sont conférés par les premières nationsparticipantes et elle accomplit les fonctions etest soumise aux responsabilités imposées enconformité avec les accords spécifiques applica-bles par toute loi autochtone établie par elles.

CADRE LÉGISLATIF

23. À l’entrée en vigueur d’une loi autoch-tone, les articles 114 à 122 de la Loi sur lesIndiens cessent de s’appliquer à l’égard de lapremière nation participante et de ses membres.

RESPONSABILITÉ

24. (1) La première nation participante nepeut être tenue pour responsable des faits —

actes ou omissions — commis par Sa Majestéou son délégataire dans l’exercice de sesattributions en matière d’éducation.

(2) Sa Majesté est tenue d’indemniser lapremière nation participante des pertes attribua-bles à de tels faits.

(3) Sa Majesté ne peut être tenue pourresponsable des faits — actes ou omissions —commis par une première nation participante ouson délégataire dans l’exercice de ses attribu-tions en matière d’éducation.

(4) La première nation participante est tenued’indemniser Sa Majesté des pertes attribuablesà de tels faits.

Constitution

Conditions

Loi sur lesIndiens

Décharge :première nationparticipante

Indemnisation

Décharge : SaMajesté

Indemnisation


19

Schools

Deposit ofcopies

Judicial notice ofindividualagreements

Judicial notice ofFirst Nation laws

Evidence of FirstNation laws

StatutoryInstruments Act

Federal CourtsAct

Notice of courtor tribunalproceedings

MINISTER’S DUTIES AND POWERS

25. (1) The Minister may, in accordancewith this Act, establish and maintain schoolson First Nation land.

(2) The Minister shall cause a copy of eachindividual agreement and of any amendmentmade to the individual agreement, certified bythe Minister to be a true copy, to be deposited inthe library of the Department of Indian Affairsand Northern Development situated in theNational Capital Region, as described in theschedule to the National Capital Act, and in anyregional offices of that Department and otherplaces that the Minister considers advisable.

GENERAL

26. Judicial notice shall be taken of eachindividual agreement.

27. (1) Judicial notice shall be taken of FirstNation laws.

(2) A copy of a First Nation law purportingto be deposited in the public registry of FirstNation laws referred to in an individualagreement is evidence of that law and of itscontents, unless the contrary is shown.

28. For greater certainty, First Nation lawsare not statutory instruments within the meaningof the Statutory Instruments Act.

29. For greater certainty, no body establishedby this Act or by a First Nation law is a federalboard, commission or other tribunal as definedin subsection 2(1) of the Federal Courts Act.

30. (1) A party in any proceeding before acourt or tribunal shall serve notice in writing onthe Attorney General of Canada and theparticipating First Nation of any issue raisedby that party in respect of

(a) the interpretation or validity of anindividual agreement; or

(b) the validity or applicability of this Act orof a First Nation law.

ATTRIBUTIONS DU MINISTRE

25. (1) Le ministre peut, en conformité avecla présente loi, établir et entretenir des écoles surles terres autochtones.

(2) Il fait déposer, à la bibliothèque duministère des Affaires indiennes et du Nordcanadien située dans la région de la capitalenationale définie à l’annexe de la Loi sur lacapitale nationale, ainsi qu’aux bureaux minis-tériels régionaux et autres lieux qu’il jugeindiqués, une copie certifiée par lui conformeà l’original de chaque accord spécifique et desmodifications qui y sont apportées.

DISPOSITIONS GÉNÉRALES

26. Les accords spécifiques sont admisd’office.

27. (1) Les lois autochtones sont admisesd’office.

(2) Tout exemplaire d’une loi autochtonedonné comme déposé au registre public deslois de la première nation visé dans l’accordspécifique fait preuve de cette loi et de soncontenu, sauf preuve contraire.

28. Il est entendu que les lois autochtones nesont pas des textes réglementaires au sens de laLoi sur les textes réglementaires.

29. Il est entendu qu’aucun organismeconstitué par la présente loi ou une loiautochtone ne constitue un office fédéral ausens du paragraphe 2(1) de la Loi sur les Coursfédérales.

30. (1) Toute partie qui soulève, dans uneprocédure judiciaire ou administrative, unequestion portant sur l’interprétation ou lavalidité d’un accord spécifique, ou sur lavalidité ou l’applicabilité de la présente loi oude toute loi autochtone fait signifier un avis dela contestation au procureur général du Canadaet à la première nation participante.

Écoles

Dépôt

Admissiond’office : accords

Admissiond’office : loisautochtones

Preuve

Loi sur les textesréglementaires

Loi sur les Coursfédérales

Avis : procédurejudiciaire ouadministrative


20

Content ofnotice

Attachments

Time of service

Participation inproceedings

Orders in council

Regulation-making authority

R.S., c. A-1

(2) A notice shall identify the proceeding inwhich the issue arises, state whether it arises inrelation to paragraph (1)(a) or (b), giveparticulars of the point to be argued and, if adate has been fixed for argument, give the date.

(3) A notice shall be accompanied by copiesof all pleadings and other documents pertainingto the issue that have been filed with the court ortribunal.

(4) A notice shall be served within sevendays after the issue is first raised by a party tothe proceeding, whether in the initial pleadingsor otherwise, and the issue may not be arguedsooner than 14 days after service unless thecourt or tribunal allows a shorter period.

(5) In any proceeding to which subsection(1) applies, the Attorney General of Canada andthe participating First Nation may appear andparticipate with the same rights as any otherparty.

ORDERS AND REGULATIONS

31. (1) The Governor in Council may makeorders and regulations that are necessary toimplement individual agreements entered intoafter the day on which this subsection comesinto force.

(2) The Governor in Council may makeregulations to establish standards for buildingsand equipment, and the inspection of buildingsand equipment, used by schools administeredunder this Act.

CONSEQUENTIAL AMENDMENTS

ACCESS TO INFORMATION ACT

32. Subsection 13(3) of the Access toInformation Act is amended by striking outthe word “or” at the end of paragraph (c), byadding the word “or” at the end of para-graph (d) and by adding the following afterparagraph (d):

(2) L’avis précise la nature de la procédure,la question soulevée, l’argumentation envisagéeet, si elle est fixée, la date prévue pour le débat.

(3) Il est accompagné d’une copie de tous lesactes de procédure et de tout document utile audébat qui figurent au dossier du tribunal.

(4) Il est signifié dans les sept jours suivantla date où la question est soulevée pour lapremière fois par l’une des parties à laprocédure, qu’elle le soit dans l’acte introductifd’instance ou par la suite. Le débat sur laquestion ne peut débuter moins de quatorzejours après la signification, à moins que letribunal n’autorise un délai plus court.

(5) Le procureur général du Canada et lapremière nation participante peuvent intervenirdans la procédure et exercer les mêmes droitsque toute autre partie.

DÉCRETS ET RÈGLEMENTS

31. (1) Le gouverneur en conseil peut pren-dre des décrets et des règlements pour mettre enoeuvre les accords spécifiques conclus aprèsl’entrée en vigueur du présent paragraphe.

(2) Le gouverneur en conseil peut prendredes règlements pour établir des normes concer-nant les édifices et l’équipement — et leurinspection— utilisés par les écoles administréesen vertu de la présente loi.

MODIFICATIONS CORRÉLATIVES

LOI SUR L’ACCÈS À L’INFORMATION

32. Le paragraphe 13(3) de la Loi surl’accès à l’information est modifié paradjonction, après l’alinéa d), de ce qui suit :

Teneur de l’avis

Actes deprocédure

Délai designification

Intervention

Décrets etrèglements

Règlements

L.R., ch. A-1


21

R.S., c. P-21

2004, c. 17,s. 18(1)

(e) the council of a participating First Nationas defined in subsection 2(1) of the FirstNations Jurisdiction over Education in Brit-ish Columbia Act.

PRIVACY ACT

33. (1) Paragraph 8(2)(f) of the PrivacyAct is replaced by the following:

(f) under an agreement or arrangement be-tween the Government of Canada or aninstitution thereof and the government of aprovince, the council of the Westbank FirstNation, the council of a participating FirstNation— as defined in subsection 2(1) of theFirst Nations Jurisdiction over Education inBritish Columbia Act —, the government of aforeign state, an international organization ofstates or an international organization estab-lished by the governments of states, or anyinstitution of any such government or organ-ization, for the purpose of administering orenforcing any law or carrying out a lawfulinvestigation;

(2) Subsection 8(7) of the Act is amendedby striking out the word “or” at the end ofparagraph (c), by adding the word “or” atthe end of paragraph (d) and by adding thefollowing after paragraph (d):

(e) the council of a participating First Nationas defined in subsection 2(1) of the FirstNations Jurisdiction over Education in Brit-ish Columbia Act.

34. Subsection 19(1) of the Act is amendedby striking out the word “or” at the end ofparagraph (d), by adding the word “or” atthe end of paragraph (e) and by adding thefollowing after paragraph (e):

(f) the council of a participating First Nationas defined in subsection 2(1) of the FirstNations Jurisdiction over Education in Brit-ish Columbia Act.

e) du conseil de la première nation partici-pante, au sens du paragraphe 2(1) de la Loisur la compétence des premières nations enmatière d’éducation en Colombie-Britan-nique.

LOI SUR LA PROTECTION DESRENSEIGNEMENTS PERSONNELS

33. (1) L’alinéa 8(2)f) de la Loi sur laprotection des renseignements personnels estremplacé par ce qui suit :

f) communication aux termes d’accords oud’ententes conclus d’une part entre le gou-vernement du Canada ou l’un de sesorganismes et, d’autre part, le gouvernementd’une province ou d’un État étranger, uneorganisation internationale d’États ou degouvernements, le conseil de la premièrenation de Westbank, le conseil de la premièrenation participante — au sens du paragraphe2(1) de la Loi sur la compétence despremières nations en matière d’éducation enColombie-Britannique — ou l’un de leursorganismes, en vue de l’application des loisou pour la tenue d’enquêtes licites;

(2) Le paragraphe 8(7) de la même loi estmodifié par adjonction, après l’alinéa d), dece qui suit :

e) du conseil de la première nation partici-pante, au sens du paragraphe 2(1) de la Loisur la compétence des premières nations enmatière d’éducation en Colombie-Britan-nique.

34. Le paragraphe 19(1) de la même loi estmodifié par adjonction, après l’alinéa e), dece qui suit :

f) du conseil de la première nation partici-pante, au sens du paragraphe 2(1) de la Loisur la compétence des premières nations enmatière d’éducation en Colombie-Britan-nique.

L.R., ch. P-21

2004, ch. 17,par. 18(1)


22

Order in council

COMING INTO FORCE

35. The provisions of this Act come intoforce on a day or days to be fixed by order ofthe Governor in Council.

ENTRÉE EN VIGUEUR

35. Les dispositions de la présente loientrent en vigueur à la date ou aux datesfixées par décret.

Décret


23

12 C. 10 First Nations Jurisdiction over Education in British Columbia — Schedule 55 ELIZ. II

SCHEDULE(Subsection 2(1) and sections 5 and 6)

PARTICIPATING FIRST NATIONS

ANNEXE(paragraphe 2(1) et articles 5 et 6)

PREMIÈRES NATIONS PARTICIPANTES

Published under authority of the Speaker of the House of Commons

Available from:Publishing and Depository ServicesPublic Works and Government Services CanadaOttawa, Ontario K1A 0S5Telephone: (613) 941-5995 or 1-800-635-7943Fax: (613) 954-5779 or [email protected]://publications.gc.ca

Publié avec l’autorisation du président de la Chambre des communes

Disponible auprès de :Les Éditions et Services de dépôtTravaux publics et Services gouvernementaux CanadaOttawa (Ontario) K1A 0S5Téléphone : (613) 941-5995 ou 1-800-635-7943Télécopieur : (613) 954-5779 ou [email protected]://publications.gc.ca

24

Page 1

EDUCATION JURISDICTION FRAMEWORK AGREEMENT

WHEREAS:

The negotiation of this Agreement is guided by the principles established in the tripartite Memorandum of Understanding with Respect to First Nations Authority and Jurisdiction over Education of July 24, 2003, signed by Canada, British Columbia and FNESC on behalf of its members;

Made this 5th day of July, 2006. BETWEEN:

HER MAJESTY THE QUEEN IN RIGHT OF CANADA, as represented by the Minister of Indian Affairs and Northern Development (hereinafter referred to as “Canada”)

OF THE FIRST PART

AND:

HER MAJESTY THE QUEEN IN RIGHT OF BRITISH COLUMBIA, as represented by the Minister of Education (hereinafter referred to as “British Columbia”)

OF THE SECOND PART

AND:

FIRST NATIONS EDUCATION STEERING COMMITTEE, as represented by the Chief Negotiator (hereinafter referred to as “FNESC”)

OF THE THIRD PART Collectively referred to hereinafter as the “Parties"

25

Page 2

NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:

PART I - DEFINITIONS

1.1 In this Agreement:

“Agreement” means this Education Jurisdiction Framework Agreement and, unless otherwise provided in the Agreement, includes its schedules;

“Band List” means a “Band List” within the meaning of the term under the Indian Act;

“British Columbia First Nation Education Agreement” means the agreement between British Columbia and FNESC attached as Schedule A to this Agreement;

“Business Day” means any day from Monday to Friday inclusive, except for any day that is a statutory holiday in the place of receipt of a notice or communication;

“Canada-First Nation Education Jurisdiction Agreement” means an agreement to be entered into by Canada and a Participating First Nation in the form set out in Schedule B to this Agreement;

“Community Education Authority” means a legally constituted entity established by a Participating First Nation to operate its Education system in accordance with its Canada-First Nation Education Jurisdiction Agreement;

“Education” means education programs and services of a nature generally provided to students enrolled in kindergarten to grade 12;

“Education Co-Management Agreement” means an agreement entered into between a Participating First Nation and the First Nation Education Authority in accordance with a Canada-First Nation Education Jurisdiction Agreement;

“Education Jurisdiction Funding Agreement” means the template funding agreement set out in Schedule C;

“Federal Enabling Legislation” means the legislation enacted by Canada providing a process for bringing Canada-First Nation Education Jurisdiction Agreements into legal force and effect;

“First Nation” means a Band within the meaning of the term under the Indian Act located in British Columbia;

“First Nation Council” means a “council of the band”, within the meaning of the term under the Indian Act, of a Participating First Nation;

26

Page 3

“First Nation Education Authority” means the legally constituted entity established by Federal Enabling Legislation and whose directors are appointed by Participating First Nations;

“First Nation Education Law” means a law passed by a Participating First Nation with respect to the operation of its Education system in accordance with a Canada-First Nation Education Jurisdiction Agreement;

“First Nation Education Law Making Protocol” means a protocol adopted by a Participating First Nation in accordance with a Canada-First Nation Education Jurisdiction Agreement;

“First Nation Land” means a “reserve” within the meaning of the term under the Indian Act set apart for a Participating First Nation, and includes “first nation land” administered under the First Nations Land Management Act;

“Interested First Nation” means a First Nation whose First Nation Council has passed a band council resolution indicating that it wishes to enter into a Canada-First Nation Education Jurisdiction Agreement with Canada;

“Jurisdiction” means a Participating First Nation’s law-making authority, as set out in a Canada-First Nation Education Jurisdiction Agreement;

“Legislature” means the Legislature of the Province of British Columbia;

“Member” means a person whose name appears on a Band List or who is entitled to have his or her name appear on a Band List;

“Parliament” means the Parliament of Canada;

“Participating First Nation” means any First Nation that signs a Canada-First Nation Education Jurisdiction Agreement with Canada;

“Party” means a signatory to this Agreement;

“Provincial Enabling Legislation” means the legislation enacted by British Columbia which, among other matters, recognizes Participating First Nations’ Jurisdiction over Education as set out in Canada-First Nation Education Jurisdiction Agreements; and

“Schedule” means a schedule attached to this Agreement.

PART II – PURPOSES OF AGREEMENT

2.1 The purposes of this Agreement are: a) to establish a process to enable the recognition of Jurisdiction by a

Participating First Nation over Education on First Nation Land as set

27

Page 4

out in a Canada-First Nation Education Jurisdiction Agreement; b) to outline the responsibilities of each of the Parties to support the

exercise of Jurisdiction by Participating First Nations over Education on First Nation Land;

c) to confirm the steps, including the recommendation of Federal Enabling Legislation to Parliament, required for ratification of a Canada-First Nation Education Jurisdiction Agreement; and

d) to confirm the commitment of British Columbia to recommend Provincial Enabling Legislation to the Legislature.

PART III – RESPONSIBILITIES OF THE PARTIES

Canada

3.1 Upon receipt of a minimum of 12 band council resolutions from Interested First Nations, Canada will prepare and recommend Federal Enabling Legislation to Parliament.

3.2 Subject to obtaining the approval of the Federal Cabinet, Canada will consult with FNESC and British Columbia during the drafting of Federal Enabling Legislation.

3.3 Federal Enabling Legislation will: a) enable subsequently ratified Canada-First Nation Education

Jurisdiction Agreements to be approved, given effect and declared valid by order-in-council;

b) establish Participating First Nations as having the capacity, rights, powers and privileges of a natural person for the purposes of exercising the duties, powers and functions set out in Canada-First Nation Education Jurisdiction Agreements;

c) establish the First Nation Education Authority and set out its powers, duties, functions and composition;

d) enable Participating First Nations to establish Community Education Authorities in accordance with Canada-First Nation Education Jurisdiction Agreements;

e) provide that sections 114 to 122 of the Indian Act will no longer apply to a Participating First Nation after it has passed a First Nation Education Law;

f) provide that the Indian Act, and any related regulations or orders, will continue to apply to Participating First Nations, their Members and First Nations Land, except as set out in subparagraph (e);

g) give effect to consequential amendments to federal legislation in order to implement the Canada-First Nation Education Jurisdiction

28

Page 5

Agreements; h) provide that Federal Enabling Legislation prevails over other federal

legislation to the extent of any conflict; and i) provide that Canada-First Nation Education Jurisdiction Agreements

are binding on third parties.

British Columbia

3.4 Following the passage of Federal Enabling Legislation, British Columbia will prepare and recommend Provincial Enabling Legislation to the Legislature in accordance with the commitments set out in the British Columbia-First Nation Education Agreement.

3.5 Subject to obtaining the approval of the Attorney General of British Columbia, British Columbia will consult with FNESC and Canada during the drafting of Provincial Enabling Legislation.

3.6 Provincial Enabling Legislation prevails over other provincial laws to the extent of any conflict.

FNESC

3.7 FNESC will work with Interested First Nations to develop templates for a First Nation Education Law, an Education Co-Management Agreement, a First Nation Education Law Making Protocol, roles and responsibilities for Community Education Authorities, a community consultation and information process and an Interested First Nation ratification process.

3.8 Prior to the introduction of Federal Enabling Legislation, FNESC will work with Canada and British Columbia to ensure the First Nation Education Authority will have the capacity to carry out its responsibilities set out in the Canada-First Nation Education Jurisdiction Agreement and other matters as agreed to by the parties.

PART IV – CANADA-FIRST NATION EDUCATION JURISDICTION AGREEMENTS

4.1 Following the passage of Federal Enabling Legislation, Canada will negotiate and attempt to reach agreement on a Canada-First Nation Education Jurisdiction Agreement with each Interested First Nation.

4.2 Canada intends that the implementation plan to be attached to each Canada-First Nation Education Jurisdiction Agreement will be based on the template implementation plan set out in Schedule D.

4.3 Upon ratification of a Canada-First Nation Education Jurisdiction Agreement by a Participating First Nation and Canada, Canada intends

29

Page 6

to commence negotiations and attempt to reach agreement on a funding agreement with the Participating First Nation in accordance with the provisions of the Canada-First Nation Education Jurisdiction Agreement. For greater certainty, Canada intends that the template funding agreement set out in Schedule C will form the basis of the first education funding agreement contemplated by the Canada-First Nation Education Jurisdiction Agreement.

PART V – FINANCIAL ARRANGEMENTS

Funding for FNESC

5.1 Canada and FNESC will negotiate and attempt to reach agreement on a one-time funding arrangement to support the activities to be undertaken by FNESC and Interested First Nations set out in paragraphs 3.7 and 3.8.

Funding for First Nation Education Authority

5.2 Every year, or other time periods as may be agreed to in writing, Canada and the First Nation Education Authority will negotiate and attempt to reach agreement on a funding agreement to support the First Nation Education Authority in carrying out its responsibilities set out in Canada-First Nation Education Jurisdiction Agreements.

Appropriation

5.3 The financial provisions of this Agreement applicable to Canada are subject to the appropriation of funds by the Parliament of Canada.

PART VI – DISPUTE RESOLUTION

Informal Discussion

6.1 In the event of a dispute between the Parties arising out of or relating to this Agreement, the Parties agree to meet, negotiate in good faith and attempt to resolve the dispute amicably.

PART VII – GENERAL PROVISIONS

Nature of Agreement

7.1 This Agreement is not a treaty or a land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982.

7.2 This Agreement does not, of its own force and effect, recognize, affirm or deny any aboriginal or treaty rights of a Participating First Nation, nor does it abrogate or derogate from the recognition and affirmation of those

30

Page 7

rights in section 35 of the Constitution Act, 1982.

7.3 Nothing in this Agreement will be construed so as to affect in any manner the Constitution of Canada.

7.4 Nothing in this Agreement restricts Participating First Nations from entering into other agreements with Canada, British Columbia or other parties with respect to any matter, including those not covered in this Agreement.

Term and Extension of Agreement

7.5 The term of this Agreement is seven years, commencing on the date that it is signed by all Parties, unless extended or renewed in writing by the Parties.

7.6 Six months prior to the expiration of the term set out in paragraph 7.5, the Parties will meet to discuss the necessity of extending or renewing this Agreement.

Review of Agreement

7.7 The Parties will each designate a representative to review and monitor progress towards the completion of the responsibilities set out in this Agreement, with meetings to be held on a quarterly basis or at intervals as otherwise agreed to by the parties, and the forum for such meetings to be an existing forum or as otherwise agreed by the Parties.

Amendment

7.8 Subject to paragraphs 7.9 and 7.10, this Agreement may be amended with the written consent of each Party.

7.9 Schedule “A” (the British Columbia First Nation Education Agreement) may be amended with the written consent of British Columbia and FNESC. Prior to British Columbia executing an amendment to Schedule “A”, British Columbia will notify and give reasons for the intended amendment to Canada.

7.10 Schedule “B” (the Canada-First Nation Education Jurisdiction Agreement) and Schedule “C” (the Education Jurisdiction Funding Agreement) may be amended with the written consent of Canada and FNESC. Prior to Canada executing an amendment to Schedule “B”, Canada will notify and give reasons for the intended amendment to British Columbia.

7.11 An amendment to this Agreement takes effect on a date agreed to by the Parties to the amendment, but if no date is agreed to, on the date that the last Party required to consent to the amendment gives its consent.

31

Page 8

Entire Agreement

7.12 This Agreement is the entire agreement among the Parties in respect of the subject matter of this Agreement and, except as set out in this Agreement, there is no representation, warranty, collateral agreement, condition, right, or obligation affecting this Agreement.

No Implied Waiver

7.13 A provision of this Agreement, or the performance by a Party of an obligation under this Agreement, may not be waived unless the waiver is in writing and signed by the Party or Parties giving the waiver.

7.14 No written waiver of a provision of this Agreement, of performance by a Party of an obligation under this Agreement, or of default by a Party of an obligation under this Agreement, will be a waiver of any other provision, obligation, or subsequent default.

Interpretation

7.15 In this Agreement: a) unless it is otherwise clear from the context, a reference to a "Part" or

“paragraph” means a Part or paragraph of this Agreement;

b) headings and sub-headings are for convenience only, do not form a part of this Agreement and in no way define, limit, alter or enlarge the scope or meaning of any provision of this Agreement;

c) unless otherwise provided, a reference to a statute includes every amendment to it, every regulation made under it and amendment made to such regulation, and any successor legislation;

d) unless it is otherwise clear from the context, the use of the singular includes the plural and the use of the plural includes the singular; and

e) where one or more Parties are mentioned in a provision of this Agreement, this will not be interpreted as implying or inferring any obligation or acknowledgement by any Party not mentioned in that provision.

Computation of Time

7.16 Sections 26 to 28 of the Interpretation Act (Canada) apply to the computation of time for the purposes of this Agreement.

32

Page 9

No Benefits

7.17 No member of the House of Commons or Senate will be admitted to share or part of this Agreement, or to any benefit arising from it.

Execution of Documents

7.18 Each Party will, at the request of and at no cost to the other Parties, execute and deliver to the requesting Party any instrument or document or will do anything that may reasonably be required to carry out its obligations under this Agreement, or to complete any transaction contemplated by this Agreement.

Severability

7.19 Unless otherwise determined by a court of competent jurisdiction, if any provision contained in this Agreement is rendered invalid, illegal or unenforceable by a court of competent jurisdiction in any respect: a) the Parties will make best efforts to remedy or amend the provision;

and b) the validity, legality or enforcement of the remaining provisions will not

in any way be considered by the Parties to be affected or impaired.

Notices And Communications

7.20 Where in this Agreement any notice or other communication is required to be given or made by any Party, it will be in writing and will be effective if by hand, transmitted by facsimile transmission or sent by registered mail to the addresses set out below. The address of a Party may be changed by notice in the manner set out in this paragraph. CANADA: Minister Indian Affairs and Northern Development 10 Wellington Street OTTAWA ONTARIO K1A 0H4 Fax: (819) 953-4941 BRITISH COLUMBIA: Minister of Education Parliament Buildings PO Box 9179 Stn Prov Govt VICTORIA, BRITISH COLUMBIA V8W 9E2 Fax: (250) 356-2011

33

Page 10

FNESC: Chair, Strategic Action Committee, FNESC Room 113, 100 Park Royal WEST VANCOUVER, BRITISH COLUMBIA V7T 1A2 Fax: (604) 923-6087

7.21 A notice or communication will be considered to have been received: a) if delivered by hand during business hours on a Business Day, upon receipt

by a responsible representative of the receiver, and if not delivered during business hours, upon the commencement of business on the next Business Day;

b) if sent by facsimile transmission during business hours on a Business Day, upon the sender receiving confirmation of the transmission, and if not transmitted during business hours, upon the commencement of business on the next Business Day; or

34

Page 11

c) if mailed by registered post in Canada, five (5) Business Days after posting,

except that, in the case of a disruption or an impending or threatened disruption in postal services, every notice or communication will be delivered by hand or sent by facsimile transmission.

Signatures ____________________________ _________________________ The Honourable Jim Prentice Witness Minister of Indian Affairs and Northern Development OTTAWA, CANADA ____________________________ _________________________ The Honourable Gordon Campbell Witness Premier of British Columbia VICTORIA, BRITISH COLUMBIA _________________________ Witness ____________________________ _________________________ Nathan Matthew Witness Chief Negotiator FNESC WEST VANCOUVER, BRITISH COLUMBIA _________________________ Witness

35

36

Schedule A

1

BRITISH COLUMBIA FIRST NATION EDUCATION AGREEMENT

THIS AGREEMENT dated for reference the 5th day of July, 2006. BETWEEN:

HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA

As represented by the Minister of Education (hereinafter referred to as “British Columbia”)

AND:

THE FIRST NATIONS EDUCATION STEERING COMMITTEE As represented by Nathan Matthew, Chief Negotiator

(hereinafter referred to as “FNESC”)

PREAMBLE: This Agreement is guided by the principles set out in the tripartite Memorandum of Understanding with Respect to First Nations Authority and Jurisdiction over Education, which was signed on July 24, 2003, by Canada, British Columbia, FNESC on behalf of its members and by the First Nations Summit Task Group. This Agreement acknowledges and builds upon the mutual commitment of FNESC and British Columbia to work together in a new relationship intended to further improve educational opportunities and outcomes for First Nations students. The Parties to this Agreement also recognize that improved educational outcomes for students attending First Nations schools and for First Nations students attending Provincial Public Schools, will be central to the shared objective of restoring, revitalizing and strengthening the economic and social sustainability of First Nations in British Columbia. The Parties further recognize and respect the right of parents to decide whether their children will be enrolled to receive the benefit of an educational program offered by a school operated by a Participating First Nation or, in the alternative, a program offered by a Provincial Public School operated by a School Board pursuant to the authority set out in the School Act, R.S.B.C. 1996, c. 412 (the “School Act”) or a program offered by an independent school operated by an authority pursuant to the Independent School Act, R.S.B.C. 1996, c. 216. The Parties also agree that this Agreement is not intended to preclude or impede the capacity of Participating First Nations to pursue the further recognition of jurisdiction over education through other initiatives including self-government and treaty negotiations.

Schedule A

Schedule A

2

The Parties further agree as follows:

DEFINITIONS: In this Agreement “Canada-First Nation Education Jurisdiction Agreement” means an agreement between Canada and a Participating First Nation in the form set out in Schedule ‘B’ to the Education Jurisdiction Framework Agreement; “College of Teachers” means the body established by British Columbia to certify competencies of teachers and to address matters relevant to the discipline of teachers pursuant to the Teaching Profession Act, R.S.B.C. 1996, c. 449; “Community Education Authority” means a legally constituted entity established by the Participating First Nation to operate its educational system; “DIAND” means the Department of Indian Affairs and Northern Development; “Dogwood Graduation Certificate” means the graduation certificate granted by the Province of British Columbia; “Education” means the provision of an educational program, as defined in the School Act, to children of school age, as defined in the School Act; “First Nation” means a Band within the meaning of the term within the Indian Act, R.S.C. 1985, c. I-5 (the “Indian Act”) located in British Columbia; “First Nation Education Authority” means the legally constituted entity established by federal statute to provide education services to Participating First Nations; “First Nation Education Law” means a law passed by the Participating First Nation with respect to the operation of schools under the jurisdiction of the Participating First Nation; “First Nation Land” means a reserve within the meaning of the Indian Act of the Participating First Nation, including land administered under the First Nations Land Management Act, S.C. 1999, c. 24; “First Nation Language Authority” means an authority established by a Participating First Nation to determine the language proficiency of teachers and to determine the required elements of First Nations language programs; “First Nations Education Standards” means the educational program standards established by the First Nation Education Authority in respect of Participating First Nations Schools; “First Nations School Certification Process” means the process and requirements set out and used by the First Nation Education Authority to certify schools operated by Participating First Nations;

Schedule A

Schedule A

3

“First Nations Teacher Certification Process” means the process and requirements set out and used by the First Nation Education Authority to certify that a teacher has met the standards and competencies established by the First Nation Education Authority; “Local Education Agreement” means an agreement between School Boards and First Nations regarding improved educational opportunities for First Nation Students and to facilitate constructive dialogue between First Nations and School Boards; “Ministry of Education” means the provincial authority responsible for education in British Columbia as provided for in the School Act; “Non-Member” means a person whose name does not appear on a Band List or who is not entitled to have his or her name appear on a Band List; “Participating First Nation” means any First Nation that has signed a Canada-First Nation Education Jurisdiction Agreement with Canada and that has become a signatory to this Agreement in accordance with Chapter 8; “Participating First Nations School” means a school operated by a Participating First Nation, or a Community Education Authority established for that purpose, on First Nation Land; “Party” means a signatory to this Agreement and includes, upon their signing of this Agreement, the First Nations Education Authority and Participating First Nations; “Provincial Public Schools” means schools operated by School Boards in British Columbia under the authority of the School Act; “Student” means a person of school age attending a school providing Education on First Nation Land in a Participating First Nations School; “Student Record” means information regarding the progress of an individual student and other ancillary information as provided for in this Agreement. CHAPTER ONE RECOGNITION OF JURISDICTION AND GENERAL PROVISIONS: 1.1 British Columbia agrees to recognize the jurisdiction of Participating First Nations to make laws in respect of Education and services provided by a Participating First Nation or by a Community Education Authority established for that purpose, on First Nation Land, as set out in a Canada - First Nation Education Jurisdiction Agreement. 1.2 For greater certainty, the Parties acknowledge that a Participating First Nation’s authority under paragraph 1.1 will extend to all students who attend a Participating First Nations School.

Schedule A

Schedule A

4

1.3 As soon as reasonably practicable after the Parliament of Canada has brought into force legislation giving legal force and effect to a Canada-First Nation Education Jurisdiction Agreement, British Columbia will recommend to the Legislative Assembly of British Columbia legislation:

(a) to enable provincial School Boards, the College of Teachers and other provincial entities to enter into agreements with Participating First Nations, Community Education Authorities and the First Nations Education Authority on matters relating to Education; and

(b) which may include other consequential amendments in order to implement this

Agreement. 1.4 Nothing in this Agreement shall restrict the capacity of Participating First Nations to establish a Community Education Authority which would operate schools subject to the jurisdiction of two, or more, Participating First Nations. 1.5 The Parties understand that a First Nation Education Authority established pursuant to legislation enacted by the Parliament of Canada will, on behalf of Participating First Nations, have, inter alia, the powers necessary to:

(a) Certify teachers, pursuant to a First Nations Teacher Certification Process, to teach in Participating First Nations Schools or, in the alternative, to enter into agreements with the College of Teachers to certify teachers for that purpose or the Ministry of Education, if applicable. It is understood by the Parties that teacher certification standards for teachers employed by, or on behalf of, Participating First Nations Schools will, at minimum, be comparable to standards applicable to the certification of teachers in Provincial Public Schools or funded independent schools in the province.

(b) Certify, pursuant to a First Nations School Certification Process, schools operated

on First Nations Lands by Participating First Nations. (c) Establish education standards for Participating First Nations Schools which will

recognize and support the importance of First Nations language and culture and, further, will ensure that curriculum, examination and other standards associated with programs delivered by Participating First Nations or Community Education Authorities will permit the transfer of students, at similar levels of achievement, between schools operated by Participating First Nations and Provincial Public Schools operated pursuant to the authority of the School Act, and to permit entry into the post-secondary education system.

For the purposes of this Agreement, the capacity to certify teachers to teach First Nations languages in Participating First Nation schools shall be exclusively within the jurisdiction of Participating First Nations and the First Nations Education Authority. 1.6 The Parties understand that for the purpose of this Agreement and other related Agreements, a Participating First Nation or, where applicable, a Community Education Authority will have the powers and capacities of a natural person including the legal capacity

Schedule A

Schedule A

5

necessary to exercise its powers and to perform its duties and functions and in particular may:

(a) Enter into contracts and agreements;

(b) Acquire, hold or dispose of any property or interest in property;

(c) Sue or be sued;

(d) Raise, spend, invest or borrow money, and secure or guarantee the repayment of any money borrowed;

(e) Apply to form corporations or other legal entities in accordance with federal or provincial laws; and

(f) Do such other things as may be ancillary to the exercise of its rights, powers and privileges under this Agreement.

1.7 Non-Members who enrol their children in a school operated by a Participating First Nation on First Nation Land will be provided with opportunities through which they may have input into any decision with respect to a program or service where that decision directly and significantly affects the rights of those Non-Members or their children. 1.8 British Columbia’s obligations under the Agreement in respect of a Participating First Nation are subject to that Participating First Nation maintaining a valid Canada-First Nations Education Jurisdiction Agreement and remaining in compliance with the obligations and requirements set out in this Agreement. 1.9 The Parties agree that they will continue to work with School Boards and First Nations to encourage and assist with the development of Local Education Agreements. CHAPTER TWO RECIPROCAL TUITION: 2.1 FNESC and Participating First Nations recognize and accept that Participating First Nations are obligated to pay tuition to Provincial School Boards in respect of students from Participating First Nations who are enrolled to receive educational programs from Provincial Public Schools. 2.2 British Columbia recognizes and accepts the obligation to pay tuition to the Community Education Authority of Participating First Nations in respect of Students not ordinarily resident on reserve lands and in respect of non-status Students ordinarily resident on First Nation lands developed primarily for commercial purposes such as residential developments who are enrolled to receive an educational program from the Community Education Authority of a Participating First Nation and who would otherwise qualify for Education funded by the Province at a Provincial Public School. 2.3 Nothing in this Agreement obligates British Columbia to pay tuition to a Participating First Nation or a Community Education Authority in respect of any students who are not described in clause 2.2.

Schedule A

Schedule A

6

2.4 The Parties agree that the level of tuition will be determined pursuant to the provincial per student rates in force in the applicable region or school district. 2.5 The Parties further agree that subject to the provision of appropriate additional funding from the Government of Canada to support the provision of educational services to students with special educational needs, tuition levels referred to in clause 2.4 will be calculated based upon the assessed learning needs of each student as determined pursuant to provincial assessment criteria. 2.6 The Parties agree that, for the first five years subsequent to the signing of this Agreement, tuition obligations will be determined by enrolment counts as of September 30th of each school year. 2.7 The Parties further agree that the effectiveness of, and possible alternatives to, a single September 30 enrolment count, will be reviewed prior to the commencement of the sixth year subsequent to the signing of this Agreement, or at any earlier date agreed to by the Parties. CHAPTER THREE CAPACITY TO GRANT CREDENTIALS: 3.1 British Columbia recognizes that Participating First Nations and, where applicable, the First Nations Education Authority, will have the Jurisdiction to issue a First Nations graduation certificate to:

(a) students of Participating First Nations Schools who have completed the graduation requirements established by the First Nation Education Authority; and

(b) students from Participating First Nations who have completed the graduation

requirements at Provincial Public Schools if the student has achieved learning outcomes substantially comparable to those required for graduation by the First Nations Education Authority.

3.2 Upon request and subject to clause 3.3 British Columbia will issue a Dogwood Graduation Certificate in respect of a student if satisfied that the student has both completed an educational program at the Grade Twelve level at a Participating First Nations School and has done so by achieving learning outcomes substantially comparable to those required for graduation by the Ministry of Education. 3.3 Where British Columbia is in receipt of a request made by or on behalf of a student pursuant to clause 3.2 of this Agreement, the applicable Participating First Nations School(s), if requested to do so, will provide the Ministry of Education with copies of the academic record of that student together with the results achieved by that student in any provincial examinations or in comparable examinations in corresponding subject areas to those required for graduation in the public school system.

Schedule A

Schedule A

7

3.4 Upon the recommendation of a First Nations Language Authority designated by a Participating First Nation, and subject to clause 3.5, British Columbia will recognize a program of study in the Participating First Nation’s language as fulfilling the requirement for a second language credit as part of the graduation requirements referred to in clause 3.2. 3.5 If requested to do so, a Participating First Nation or a First Nation Language Authority will provide the Ministry of Education with a summary of a First Nation’s language program to facilitate consideration of any request made pursuant to clause 3.4. 3.6 British Columbia and FNESC will exchange information, as required, to ensure that students served by their respective education system will be able to access current information regarding learning outcomes and graduation requirements. CHAPTER FOUR CURRICULUM DEVELOPMENT AND EXAMINATIONS: 4.1 British Columbia and FNESC will work together to develop and implement an equivalent to the English 12 graduation requirement together with a corresponding provincial examination. British Columbia and FNESC agree that the content of this course will be based upon First Nations and other appropriate learning resources, and will address learning outcomes consistent with those required for English 12. British Columbia and FNESC may further agree to develop, implement or recognize equivalent courses in other subject areas. 4.2 Where requested to do so, British Columbia will also work with FNESC and with the First Nation Education Authority to make the provincial examinations in Grades 10, 11, and 12 and the Province’s Foundation Skills Assessment in Grades 4, 7 and 10 available to students attending Participating First Nations Schools. British Columbia will work with FNESC and with the First Nation Education Authority to establish appropriate protocols for the conduct of Provincial examinations. CHAPTER FIVE CONSULTATION OBLIGATIONS: 5.1 British Columbia agrees to consult the First Nation Education Authority, once it has become a Party to this Agreement, in any general consultations undertaken by the Ministry of Education regarding proposed changes to education policy, legislation or standards that materially affect programs offered by Participating First Nation or which could have a material affect on assessments, teacher certification, graduation requirements, curriculum and any other matters relating thereto. 5.2 With respect to clause 5.1, to facilitate opportunities for consultation between the First Nation Education Authority and Participating First Nations regarding proposed provincial changes to education policy, legislation or standards British Columbia, where it is reasonably practicable to do so, will endeavour to consult with the First Nations Education Authority at an early stage in any consultation process.

Schedule A

Schedule A

8

5.3 Further with respect to clause 5.1, where it is not reasonably practicable for British Columbia to consult with the First Nation Education Authority prior to the implementation of any changes to education policy, legislation or standards, British Columbia will work with the First Nations Education Authority to determine the impact of, and implementation issues associated with, such changes. 5.4 The First Nation Education Authority and Participating First Nations will make British Columbia aware of changes to education policy, standards and, where applicable, to any proposed changes in legislation regarding the operation of Participating First Nations Schools. 5.5 British Columbia also agrees that the FNESC or, in the alternative, the First Nation Education Authority, will continue as a member of the Education Advisory Council to the Minister of Education or any other entity established by the Ministry of Education for a similar purpose. CHAPTER SIX INFORMATION SHARING AND EVALUATION: 6.1 British Columbia commits to continue to provide, at least once per year, a comprehensive report on the educational performance success of Aboriginal students and will provide, if requested to do so by the First Nations Education Authority, once it becomes a party to this Agreement, a more specific report which specifically addresses the outcomes of students from Participating First Nations attending Provincial Public Schools. 6.2 Subject to the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165 (the “FOIPPA”), British Columbia, if requested to do so, may also provide outcomes reports directly to a Participating First Nations regarding the performance success of students attending Provincial Public Schools from that First Nation. 6.3 The Parties further agree that, at least once per year, the Ministry of Education as represented by the Deputy Minister and the First Nations Education Authority as represented by the Authority’s senior representative(s) shall meet to discuss:

(a) the effectiveness of the Parties in the implementation of this Agreement, including the extent to which related agreements have been successfully initiated between Provincial School Boards and Participating First Nations and, where applicable, with other provincial entities;

(b) subject to the FOIPPA, the content of performance outcomes reports prepared in

respect of students from Participating First Nations and options for achieving improved outcomes for First Nations students attending Provincial Public Schools and schools operated by Participating First Nations; and

(c) opportunities for the continuing development and implementation of effective and

compatible data collection capacities.

Schedule A

Schedule A

9

6.4 Once it becomes a party to this Agreement, the First Nations Education Authority will establish and implement standardized assessment processes to evaluate literacy and numeracy performance outcomes in all Participating First Nations Schools. It is also agreed that Participating First Nations will make outcomes reports on school performance available to parents with Students enrolled in Participating First Nations Schools. 6.5 Further to clause 6.4 and subject to the approval of Participating First Nations, the First Nation Education Authority will also provide the Ministry of Education with an annual summary performance outcomes report for purposes of meeting the obligations set out in clause 6.3 b) of this Agreement. 6.6 The Parties also agree that they will work together, and with the College of Teachers, or with the Ministry of Education, where applicable, and with the teacher certification representatives of the First Nation Education Authority to establish effective information exchange protocols regarding the certification of teachers, de-certifications and, where applicable, the discipline of teachers. CHAPTER SEVEN – MISCELLANEOUS MATTERS ACCESS TO LEARNING RESOURCES AND BULK PURCHASE OPPORTUNITIES: 7.1 If requested to do so, British Columbia will consult with the First Nations Education Authority, once it becomes a party to this Agreement, regarding reasonable cost access to provincial learning resources and where reasonably practicable, access to provincial bulk purchase initiatives. CHAPTER EIGHT PARTIES: 8.1 The First Nations Education Authority may become a party to this Agreement by signing the Party Agreement Form in Schedule A. 8.2 Once the First Nations Education Authority becomes a party to this Agreement it agrees:

(a) to be bound by the terms of this Agreement, and (b) to take over the rights, responsibilities and obligations of FNESC set out in this

Agreement, and in particular but without limiting, those set out in clauses 2.1, 3.6, 4.1, and 4.2.

8.3 A First Nation that has signed a Canada-First Nation Education Jurisdiction Agreement with Canada may become a Participating First Nation, and thus a party, under this Agreement by signing the Party Agreement Form in Schedule A following the passage of a band council resolution to become a party to this Agreement.

Schedule A

Schedule A

10

8.4 Once a First Nation becomes a Participating First Nation under this Agreement and a party to this Agreement it agrees to be bound by the terms of this Agreement. CHAPTER NINE INTERPRETATION: 9.1 This Agreement is not intended to be a treaty or a land claim agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982, being Schedule B of the Canada Act 1982 (U.K.), 1982, c. 11 (the “Constitution Act, 1982”). 9.2 This Agreement is not intended to define, create, recognize, deny or amend any of the rights of the Participating First Nations including Aboriginal or treaty rights within the meaning of sections 25 and 35 of the Constitution Act, 1982, nor abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982. 9.3 Nothing in this Agreement will be construed so as to affect in any manner the Constitution of Canada. 9.4 The provisions of the Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, will apply to the Participating First Nation and its institutions in the exercise of its Jurisdiction and authority over Education pursuant to this Agreement. 9.5 The Provisions of the Canadian Humans Rights Act, R.S.C. 1985, c. H-6, will apply to the Participating First Nation and its institutions in the exercise of its Jurisdiction and authority over Education pursuant to this Agreement. 9.6 Nothing in this Agreement restricts the Participating First Nation from entering into other agreements with Canada, with British Columbia, or other entities with respect to any matter, including those not covered in this Agreement. 9.7 In this Agreement:

(a) unless it is otherwise clear from the context, a reference to a “Chapter” or “clause” means a chapter or clause of this Agreement;

(b) headings and sub-headings are for convenience only, do not form a part of this

Agreement and in no way define, limit, alter or enlarge the scope or meaning of any provision of this Agreement;

(c) unless otherwise provided, a reference to a statute includes every amendment to it,

every regulation made under it and amendment made to such regulation, and any successor legislation;

Schedule A

Schedule A

11

(d) unless it is otherwise clear from the context, the use of the singular includes the plural and the use of plural includes the singular;

(e) where one or more Parties are mentioned in a provision of this Agreement, this

will not be interpreted as implying or inferring any obligation on or acknowledgment by any Party not mentioned in that provision; and

(f) The Schedules to this Agreement are an integral part of this Agreement as if set

out at length in the body of this Agreement. 9.8 Unless otherwise determined by a court of competent jurisdiction, if any provision contained in this Agreement is rendered invalid, illegal or unenforceable by a court of competent jurisdiction in any respect:

(a) the Parties will make best efforts to remedy or amend the provision; and (b) the validity, legality or enforcement of the remaining provisions will not in any

way be considered by the Parties to be affected or impaired. Amendment 9.9 Unless otherwise provided in this Agreement, the provisions of this Agreement may be amended with the written consent of British Columbia, FNESC and, where applicable, by the First Nations Education Authority. Disputes 9.10 In the event of a dispute between the Parties arising out of or relating to this Agreement, the Parties agree to meet, negotiate in good faith and attempt to resolve the dispute. Effective Date of Agreement 9.11 This Agreement shall take effect once it has been executed by British Columbia and FNESC. Additional parties become bound when they execute Schedule A to this Agreement. CHAPTER TEN NOTICES AND COMMUNICATIONS: 10.1 If to British Columbia:

Minister of Education Office of the Deputy Minister PO Box 9179 Stn Prov Govt Victoria, BC V8W 9H8 Fax: (250) 356-2011

Schedule A

Schedule A

12

10.2 If to the First Nations Education Steering Committee or the First Nation Education

Authority: #113 - 100 Park Royal South West Vancouver, BC V7T 1A2 Fax: (604) 925-6097

10.3 Any notice to be given or communication made to a Party pursuant to this Agreement will be in writing and will be effectively given or made if delivered by hand, transmitted by facsimile transmission or sent by registered mail, to the appropriate address or facsimile number where so notified by that Party. 10.4 A notice or communication will be considered to have been received:

(a) if delivered by hand during business hours on a business day, upon receipt by a responsible representative of the receiver, and if not delivered during business hours, upon the commencement of business on the next business day;

(b) if sent by facsimile transmission during business hours on a business day, upon

the sender receiving confirmation of the transmission, and if not transmitted during business hours, upon the commencement of business on the next business day; or

Schedule A

Schedule A

13

(c) if mailed by registered post in Canada, five (5) business days after posting, except

that, in the case of a disruption or an impending or threatened disruption in postal services, every notice or communication will be delivered by hand or sent by facsimile transmission.

BRITISH COLUMBIA FIRST NATION EDUCATION AGREEMENT SIGNATORIES

________________________ ________________________ The Honourable Shirley Bond Witness Minister of Education and Deputy Premier ________________________ VICTORIA, BRITISH COLUMBIA Print Name of Witness

________________________ ________________________ Nathan Matthew Witness Chief Negotiator FNESC ________________________ WEST VANCOUVER, BRITISH COLUMBIA Print Name of Witness ________________________ Witness ________________________ Print Name of Witness

Schedule A

Schedule A

14

SCHEDULE A

Party Agreement The undersigned hereby agrees to be bound by the BC – FNESC Jurisdiction Agreement dated for reference the 5th day of July, 2006. (If the First Nations Education Authority) The First Nations Education Authority established under federal legislation on [insert date] By:___________________ (Authorized Signatory of the First Nations Education Authority) (If Participating First Nation) (Insert description of Band Council’s name and council resolution date) By:________________________ (Authorized Signatory)

Schedule A

CANADA-FIRST NATION EDUCATION JURISDICTION AGREEMENT FOR NEGOTIATION PURPOSES ONLY WITHOUT PREJUDICE

Page 1 of 24

Schedule B

CANADA FIRST NATION EDUCATION

JURISDICTION AGREEMENT

WHEREAS:

The negotiation of this Agreement is guided by the principles established in the tripartite “Memorandum of Understanding with Respect to First Nations Authority and Jurisdiction over Education” of July 24, 2003, signed by Canada, British Columbia and the First Nations Education Steering Committee on behalf of its members;

Canada, the Province of British Columbia and the First Nations Education Steering Committee signed the Education Jurisdiction Framework Agreement dated July 5, 2006 (setting out their responsibilities in supporting the exercise of Jurisdiction over Education by Participating First Nations);

Canada recognizes that the inherent right of self-government is an existing aboriginal right within the meaning of section 35 of the Constitution Act, 1982;

The Participating First Nation asserts that it has an inherent right to exercise jurisdiction

Made this ____ day of __________, 200__

BETWEEN:

HER MAJESTY THE QUEEN IN RIGHT OF CANADA

as represented by the Minister of Indian Affairs and Northern Development

(hereinafter referred to as "Canada")

AND

THE “X” FIRST NATION

as represented by its Chief and Council

(hereinafter referred to as the “Participating First Nation")

Collectively referred to hereinafter as the “Parties"

Schedule B


Page 2 of 24

Schedule B

over educational matters related to its Members;

The Participating First Nation asserts that education at all levels is a fundamental aspect of the inherent right of self-government;

Canada and the Participating First Nation acknowledge that they may have different legal views as to the existence, scope and content of an inherent right of self-government;

Canada and the Participating First Nation intend by this Agreement to reflect their understanding on how self-government over Education will be exercised by the Participating First Nation without taking any definitive positions with respect to how the inherent right of self-government over educational matters may ultimately be defined at law;

Canada and the Participating First Nation acknowledge that the Participating First Nation may choose to pursue the implementation of the inherent right of self-government, including educational matters, through other initiatives such as self-government and treaty negotiations, and that nothing in this Agreement is intended to limit the future implementation of the inherent right of self-government; and

Canada and the Participating First Nation consider education to be a life-long learning process.




“Agreement” means this Education Jurisdiction Agreement and, unless otherwise provided in the Agreement, includes its appendices, schedules and attachments;

“Band List” means a “Band List” within the meaning of the term under the Indian Act;

“British Columbia-First Nations Education Steering Committee Jurisdiction Agreement” means the agreement signed by British Columbia and the First Nations Education Steering Committee on ____.

“Business Day” means any day from Monday to Friday inclusive, except for any day that is a statutory holiday in the place of receipt of a notice or communication;

“Community Education Authority” means a legally constituted entity established by the Participating First Nation to operate its Education system;

“Education” means education programs and services of a nature generally provided to

Schedule B


Page 3 of 24

Schedule B

Students enrolled in kindergarten to grade 12;

“Education Co-Management Agreement” means the agreement entered into between the Participating First Nation and the First Nation Education Authority;

“Education Jurisdiction Funding Agreement” means a funding agreement entered into between the Participating First Nation and Canada in accordance with this Agreement;

“Effective Date” means the date specified in the federal Order-in-Council upon which this Agreement comes into effect;

“Federal Enabling Legislation” means the legislation enacted by Canada providing a process for bringing this Agreement into legal force and effect;

“First Nation” means a Band within the meaning of the term under the Indian Act located in British Columbia;

“First Nation Council” means the “council of the band”, within the meaning of the term under the Indian Act, of the Participating First Nation;

“First Nation Education Authority” means the legally constituted entity established by Federal Enabling Legislation;

“First Nation Education Law” means a law passed by the Participating First Nation with respect to the operation of its Education system in accordance with this Agreement;

“First Nation Education Law Making Protocol” means a protocol adopted by the Participating First Nation in accordance with this Agreement;

“First Nation Land” means a “reserve” within the meaning of the term under the Indian Act set apart for the Participating First Nation, and includes “first nation land” administered under the First Nations Land Management Act;

“Fiscal Year” means the period that begins on April 1 in one year and ends on March 31 in the following year;

“Indian” means a person who, pursuant to the Indian Act, is registered as an Indian or is entitled to be registered as an Indian;

“Indian Family” means married persons living together or persons living together in a marriage-like relationship, with Indian or non-Indian children, where one of those persons is an Indian;

“Jurisdiction” means the Participating First Nation’s law-making authority, as described in this Agreement;

“Member” means a person whose name appears on a Band List or who is entitled to

Schedule B


Page 4 of 24

Schedule B

have his or her name appear on a Band List;

“Non-Member” means a person who is not a Member;

“Party” means a signatory to this Agreement;

“Schedule” means a schedule attached to this Agreement;

“School Certification Process” means the process and requirements set out and used by the First Nation Education Authority to certify schools operated by Participating First Nations;

“Student” means a person attending a school or other Education program operated by the Participating First Nation; and

“Teacher Certification Process” means the process and requirements set out and used by the First Nation Education Authority to certify that a teacher has met the standards and competencies established by the First Nation Education Authority.

PART II - EXERCISE OF JURISDICTION

Scope of Education Jurisdiction

2.1 The Parties recognize the Participating First Nation’s Jurisdiction over Education on First Nation Land as described in this Agreement.

2.2 For greater certainty, the Parties agree that the Participating First Nation’s Jurisdiction over Education will extend to all Members, and Non-Members who accede to the Jurisdiction, and who choose to receive, or have their children receive, Education provided by the Participating First Nation on First Nation Land.

Access to Education Programs and Services

2.3 The Participating First Nation will: a) provide, either directly or indirectly, Education to Members, and to other

Indians and Indian Families, who reside on First Nation Land, and

b) provide Education to non-Indians ordinarily resident on First Nation Land, other than lands developed primarily for commercial purposes such as residential developments, if such non-Indians are enrolled to attend a school operated by the Participating First Nation on First Nation Land.

2.4 Subject to receiving funding in accordance with the reciprocal tuition funding provisions of the British Columbia -First Nations Education Steering Committee Jurisdiction Agreement, the Participating First Nation will provide Education to:

Schedule B


Page 5 of 24

Schedule B

a) Members who do not reside on First Nation Land;

b) Non-Members who do not reside on First Nation Land; and

c) non-Indians who are not ordinarily resident on First Nation Lands within the meaning of paragraph 2.3(b) of this Agreement .

Non-Member Representation

2.5 Non-Members who receive Education, or have their children receive Education, provided by the Participating First Nation on First Nation Land will be provided with mechanisms through which they may have input into any decision with respect to a program or service where that decision directly and significantly affects the rights of Students who receive Education or their parents.

Education Standards

2.6 The Participating First Nation will provide or make provision for Education so as to allow the transfer of Students without academic penalty to an equivalent grade in another school within the school system of the Province of British Columbia.

Legal Status and Capacity of Participating First Nation

2.7 For any purpose related to this Agreement, the Participating First Nation has the capacity, rights, powers, and privileges of a natural person and, without restricting the generality of the foregoing, may: a) enter into contracts or agreements;

b) acquire, hold or dispose of any property or an interest in property;

c) sue or be sued;

d) raise, spend, invest or borrow money, and secure or guarantee the repayment of money borrowed;

e) apply to form corporations or other legal entities in accordance with federal or provincial laws; and

f) do such other things as are ancillary to the exercise of its rights, powers, and privileges under this Agreement.

2.8 The capacity, rights, powers and privileges of the Participating First Nation to deal with matters in relation to Education referred to in paragraph 2.7 will be exercised by the First Nation Council in accordance with: a) the First Nation Education Law-Making Protocol;

Schedule B


Page 6 of 24

Schedule B

b) this Agreement, and

c) its First Nation Education Laws.

2.9 The Participating First Nation will act through the First Nation Council in exercising its capacity, rights, powers, and privileges and in carrying out its duties, functions and obligations related to the subject matter of Education.

2.10 The First Nation Council has the authority to make laws as set out in this Agreement.

First Nation Education Law Making Protocol

2.11 The Jurisdiction contemplated by this Agreement will be exercised by the First Nation Council following adoption of a First Nation Education Law Making Protocol, which will provide for the following matters: a) procedures for the passage and amendment of First Nation Education Laws;

b) challenging the validity of First Nation Education Laws;

c) the amendment of the First Nation Education Law Making Protocol;

d) conflict of interest rules; and

e) other matters, as determined by the Participating First Nation.

2.12 The First Nation Education Law Making Protocol, as approved in accordance with the Ratification Chapter, comes into force on the Effective Date.

Education Law Making Powers

2.13 The Participating First Nation may, through its First Nation Council, and in accordance with the First Nation Education Law Making Protocol, make and administer laws, applicable on First Nations Land in relation to Education provided by the Participating First Nation.

2.14 A First Nation Education Law must include mechanisms through which Non-Members, who receive Education or have their children receive Education provided by the Participating First Nation, will have input into the decisions contemplated in paragraph 2.5.

2.15 The Jurisdiction described in paragraph 2.13 includes the power to make laws and to do other things as may be necessarily incidental to the exercise of that Jurisdiction.

Delegation

Schedule B


Page 7 of 24

Schedule B

2.16 The Participating First Nation may delegate its Jurisdiction, or part thereof, to the First Nation Education Authority in a manner consistent with this Agreement and its First Nation Law-Making Protocol.

2.17 The Participating First Nation may delegate its duties and functions under this Agreement, other than its law making powers, to a legal entity in British Columbia if the delegation and the exercise of the delegated duties and functions is in accordance with this Agreement and the First Nation Education Law Making Protocol.

2.18 Any delegation under paragraphs 2.16 or paragraph 2.17 will require the written consent of the delegate.

2.19 The Participating First Nation may enter into agreements to receive authorities with respect to Education, including law-making authority, by delegation.

PART III - COMMUNITY EDUCATION AUTHORITY

3.1 Without limiting the generality of paragraph 2.13, the Participating First Nation may make laws establishing a Community Education Authority to operate, administer and manage the Education system for the Participating First Nation and setting out the powers, duties, composition and membership of the Community Education Authority.

3.2 Nothing in paragraph 3.1 precludes the Participating First Nation from establishing a Community Education Authority jointly with one or more other First Nations that have appointed directors to the First Nation Education Authority.

3.3 Subject to paragraph 2.17, nothing in this Agreement precludes a Community Education Authority from exercising powers and duties delegated from other First Nations that have appointed directors to the First Nation Education Authority.

3.4 Where the Participating First Nation establishes a Community Education Authority under paragraph 3.1, the Community Education Authority will have the capacity, rights, powers, and privileges of a natural person conferred on it by the First Nation Education Law and will perform the duties and be subject to the liabilities imposed on it by the First Nation Education Law.

3.5 A Community Education Authority established under paragraph 3.1 exercises its duties and functions as an agent of the Participating First Nation.

PART IV – FIRST NATION EDUCATION AUTHORITY

4.1 The First Nation Education Authority is an entity constituted by Federal Enabling Legislation managed by a board of directors and having all necessary powers and capacity to properly perform its functions under this Agreement.

Schedule B


Page 8 of 24

Schedule B

4.2 On the Effective Date, the Participating First Nation will appoint two directors to sit on the board of directors of the First Nation Education Authority for an initial term of up to two years, and thereafter for terms of appointment to be established by the board of directors.

4.3 One of the directors appointed by the Participating First Nation to the board of directors under paragraph 4.2 will be a member of the First Nation Council.

4.4 Subject to paragraph 4.6, the responsibilities of the First Nation Education Authority are to: a) assist the Participating First Nation in developing the capacity to provide

Education;

b) establish standards applicable to Education provided by the Participating First Nation for curriculum and examinations for courses necessary to meet graduation requirements;

c) provide a Teacher Certification Process for teachers, other than teachers teaching the language and culture of the Participating First Nation, who teach in the Education system operated by the Participating First Nation;

d) if requested by the Participating First Nation, provide a Teacher Certification Process for teachers who teach the language and culture of the Participating First Nation in the Education system operated by the Participating First Nation;

e) provide for certification of schools operated by the Participating First Nation;

f) consult with British Columbia regarding standards applicable to Education provided by the Participating First Nation for curriculum and examination for courses necessary to meet graduation requirements; and

g) other matters as agreed by the First Nation Education Authority and the Participating First Nation.

4.5 The power of the Participating First Nation under paragraph 2.13 to make laws in relation to: a) standards for curriculum and examinations for courses necessary to meet

graduation requirements provided by the Participating First Nation on First Nation Land;

b) certification of teachers, other than teachers teaching the language and culture of the Participating First Nation, who teach in the Education system operated by the Participating First Nation; and

c) certification of schools operated by the Participating First Nation;

Schedule B


Page 9 of 24

Schedule B

can only be exercised following the signing of an Education Co-management Agreement and in a manner consistent with that Agreement.

4.6 The Education Co-management Agreement entered into between the First Nation Education Authority and the Participating First Nation will provide for: a) the establishment of standards for curriculum and examinations by the First

Nation Education Authority applicable to the courses necessary to meet graduation requirements provided by the Participating First Nation on First Nation Land;

b) the certification of teachers, other than teachers who teach the language and culture of the Participating First Nation, teaching in the Education system operated by the Participating First Nation by the First Nation Education Authority;

c) the certification of schools operated by the Participating First Nation by the First Nation Education Authority;

d) the incorporation by reference in the First Nation Education Law of the process, standards and requirements regarding the subject matters referred to in subparagraphs (a) through (c) that have been developed by the First Nation Education Authority; and

e) other matters as agreed by the First Nation Education Authority and the Participating First Nation.

PART V – REGISTRY, ENFORCEMENT AND ADJUDICATION

Registry of First Nation Education Laws

5.1 The First Nation Council will: a) maintain a public registry of First Nation Education Laws in the English

language and, at the discretion of First Nation Council, in the First Nation language, the English version of which will be definitive; and

b) provide Canada and British Columbia with copies of First Nation Education Laws as soon as practicable after they are enacted.

Appeal and Review of Administrative Decisions

5.2 The Participating First Nation will establish processes for appeal or review of administrative decisions taken by the First Nation Council or the Community Education Authority and if those processes provide for a right of appeal to a court, the Supreme Court of British Columbia will have jurisdiction to hear those appeals.

Schedule B


Page 10 of 24

Schedule B

5.3 In addition to any right of appeal or review referred to in paragraph 5.2, the Supreme Court of British Columbia will have jurisdiction to hear applications for judicial review in relation to any exercise, refusal to exercise or purported exercise of a statutory power of decision by the First Nation Council, the Community Education Authority, or the First Nation Education Authority where they are exercising a statutory power of decision on behalf of the Participating First Nation.

5.4 The Judicial Review Procedure Act (British Columbia) applies to an application for judicial review under paragraph 5.3 and, for the purpose of applying that Act, an "enactment" will mean a “First Nation Education Law."

Other Matters

5.5 The First Nation Council may provide for the imposition of penalties, including fines, restitution, and imprisonment for the violation of First Nation Education Laws, within the limits set out for summary conviction offences in the Criminal Code.

5.6 The First Nation Council may adopt federal or provincial laws in respect of matters within the Jurisdiction of the Participating First Nation set out in this Agreement.

Enforcement of First Nation Education Laws

5.7 First Nation Education Laws made in accordance with paragraph 2.13 may provide for the appointment of enforcement officials to enforce First Nation Education Laws and establish powers of enforcement comparable to those provided by federal or provincial laws for officers enforcing similar laws.

5.8 First Nation Jurisdiction does not include: a) the authority to establish a police force; or

b) the power to authorize the carriage or use of firearms by enforcement officials.

5.9 If the First Nation Council appoints officials to enforce its First Nation Education Laws, that First Nation Council will: a) ensure that any enforcement officials are appropriately trained to carry out

their duties having regard to training requirements for other enforcement officers carrying out similar duties in British Columbia; and

b) establish procedures for responding to complaints against enforcement officials.

5.10 Notwithstanding the general rule of priority set out in paragraph 6.2, federal or

Schedule B


Page 11 of 24

Schedule B

provincial law prevails to the extent of a conflict with a First Nation Education Law with respect to matters set out in paragraph 5.7.

Adjudication of First Nation Education Laws

5.11 The Provincial Court of British Columbia has jurisdiction with respect to violations of First Nation Education Laws.

5.12 The summary conviction procedures of Part xxvii of the Criminal Code apply to prosecutions of offences under First Nation Education Laws.

5.13 The Supreme Court of British Columbia has jurisdiction to hear legal disputes arising between individuals under a First Nation Education Law.

5.14 For the purpose of prosecuting offences, the Participating First Nation may: a) retain its own prosecutor;

b) enter into an agreement with Canada to arrange for a federal agent to prosecute these offences; or

c) enter into an agreement with Canada and British Columbia to arrange for a provincial prosecutor.

PART VI – APPLICATION OF LAW

Relationship of Laws

6.1 Federal laws will continue to apply concurrently with First Nation Education Laws made pursuant to this Agreement.

6.2 In the event of a conflict between a First Nation Education Law under paragraph 2.13 and a federal or provincial Law, the First Nation Education Law prevails on First Nation Lands to the extent of a conflict.

6.3 Notwithstanding the general rule of priority set out in paragraph 6.2, federal law will prevail over a First Nation Education Law that has a double aspect, or an incidental impact, on any area of federal legislative jurisdiction for which the Participating First Nation does not have law-making authority under this Agreement.

6.4 Notwithstanding the general rule of priority set out in paragraph 6.2, in the event of a conflict between a federal law in relation to peace, order and good government and other matters of overriding national importance and a First Nation Education Law, the federal law will prevail to the extent of the conflict.

6.5 For greater certainty, the power described in paragraph 2.13 does not include the power to make laws in relation to criminal law, labour relations and working

Schedule B


Page 12 of 24

Schedule B

conditions that would fall under federal jurisdiction, and protection of health and safety of Canadians.

6.6 First Nation Education Laws do not apply to Canada.

6.7 Any First Nation Education Law that is inconsistent with this Agreement will be of no force or effect to the extent of the inconsistency.

6.8 This Agreement prevails to the extent of an inconsistency with the First Nation Education Law Making Protocol.

Application of Federal Laws

6.9 This Agreement prevails to the extent of any conflict with a federal law.

6.10 The Federal Enabling Legislation prevails over other federal laws to the extent of any conflict.

Charter of Rights and Freedoms

6.11 The Canadian Charter of Rights and Freedoms applies to the Participating First Nation and any body exercising its Jurisdiction and authority over Education pursuant to this Agreement.

Application of Canadian Human Rights Act

6.12 Nothing in this Agreement limits the operation of the Canadian Human Rights Act.

Application of the Indian Act

6.13 Sections 114 to 122 of the Indian Act will no longer apply to the Participating First Nation after it has passed a First Nation Education Law.

PART VII – FINANCIAL ARRANGEMENTS

Financial Transfer

7.1 Prior to signing of this Agreement, Canada will negotiate and attempt to reach agreement with the Participating First Nation to support one-time transition activities related to: a) development of First Nation Education Laws, based on the template laws

developed by the First Nation Education Authority or other appropriate legislative models;

b) establishing a Community Education Authority;

Schedule B


Page 13 of 24

Schedule B

c) systems transition; and

d) other matters agreed to by Canada and the Participating First Nation.

7.2 Canada will provide agreed upon one-time transition funding for the transition activities set out in paragraph 7.1 to the Participating First Nation as soon as practicable following ratification of this Agreement by the Participating First Nation.

7.3 Every five years, or other time periods as may be agreed to, the Parties will negotiate and attempt to reach agreement on an Education Jurisdiction Funding Agreement.

7.4 In negotiating an Education Jurisdiction Funding Agreement, the Parties will take into account the following: a) existing levels of federal and provincial Education funding provided to the

Participating First Nation;

b) other funding provided by Canada to First Nations schools or by British Columbia to public schools or independent schools;

c) the funding formula for band operated schools, as amended from time to time;

d) prevailing federal and provincial policies;

e) desirability of reasonably stable, predictable and flexible funding;

f) efficiency and effectiveness in providing agreed-upon Education programs and services;

g) the cost of operating the Participating First Nation’s school;

h) the governance costs associated with the operation of a Community Education Authority;

i) participation of the Participating First Nation in the School Certification Process;

j) adjustments to funding; and

k) other matters agreed to by Canada and the Participating First Nation.

7.5 In negotiating the first Education Jurisdiction Funding Agreement which will come into effect on the Effective Date, the Parties will also take into account the following: a) start up costs of operating a Community Education Authority; and

Schedule B


Page 14 of 24

Schedule B

b) the development of information systems.

7.6 In negotiating the Education Jurisdiction Funding Agreement, the Parties will set out procedures for: a) the transfer of funds;

b) the funding and assumption of responsibility for the provision of additional Education programs and services during the term of the Education Jurisdiction Funding Agreement;

c) the collection and exchange of information, including statistical information, required for the administration of the Education Jurisdiction Funding Agreement;

d) dispute resolution in relation to the Education Jurisdiction Funding Agreement;

e) accountability requirements, including those respecting reporting and auditing;

f) the process for negotiating subsequent Education Jurisdiction Funding Agreements; and

g) other matters as agreed to by the Parties.

Appropriation

7.7 The financial provisions of this Agreement applicable to Canada are subject to the appropriation of funds by the Parliament of Canada.

7.8 The exercise of the Participating First Nation’s Jurisdiction over Education does not create or imply any funding obligation for either Party.

PART VIII – IMPLEMENTATION

Implementation Plan

8.1 The implementation plan for this Agreement will take effect on the Effective Date and has a term of 10 years.

8.2 The implementation plan for this Agreement will: a) identify the obligations in this Agreement, the activities to be undertaken to

fulfill these obligations, the responsible party or parties, and the timeframe for completion of these activities;

b) specify how the implementation plan may be amended;

c) specify how the implementation plan may be renewed or extended; and

Schedule B


Page 15 of 24

Schedule B

d) address other matters agreed to by the Parties.

8.3 The implementation plan for this Agreement: a) will be appended to this Agreement as Schedule A, but will not form part of

this Agreement;

b) is not to be used to interpret this Agreement;

c) does not create legal obligations; and

d) does not alter any rights or obligations set out in this Agreement

Senior Officials

8.4 On the Effective Date, the Parties will each designate a senior official to monitor the implementation of this Agreement.

8.5 The senior officials designated under paragraph 8.4 will: a) discuss the implementation of this Agreement;

b) carry out a review of the implementation plan of this Agreement; and

c) prior to the expiry of the implementation plan, advise the Parties on the further implementation of this Agreement, including a recommendation as to whether the implementation plan should be amended, renewed or extended.

Implementation Working Committee

8.6 If a regional or province-wide implementation working committee is established, the Participating First Nation may designate an individual to participate and represent them in that forum.

PART IX – DISPUTE RESOLUTION

Informal Discussion

9.1 In the event of a dispute between the Parties arising out of or relating to this Agreement, the Parties agree to meet, negotiate in good faith and attempt to resolve the dispute amicably.

Designation of Senior Official

9.2 If a dispute arises under this Agreement which cannot be resolved by the persons directly involved within thirty (30) Business Days, either Party may invoke this dispute resolution procedure by giving written notice to the other Party designating a senior official with appropriate authority to be its representative in

Schedule B


Page 16 of 24

Schedule B

negotiations relating to the dispute.

9.3 Upon receipt of the notice referred to in paragraph 9.2, the other Party will, within five Business Days, designate a senior official with similar authority to be its representative.

9.4 Within ten (10) Business Days of the designation of senior officials by both Parties the designated officials will enter into direct, good faith negotiations concerning the dispute.

9.5 If within thirty (30) Business Days after the first meeting between the senior officials, the Parties have failed to resolve the dispute or agreed to extend the time for senior officials to resolve the dispute, then the Parties agree to use a mediator, in accordance with paragraph 9.6, to assist in resolving the dispute.

Mediation

9.6 Where a mediator is required to assist in resolving the dispute, the following rules will apply: a) the Parties will jointly select a mediator. If the Parties are unable to agree

upon the choice of a mediator, then a mediator will be chosen, upon application by the Parties, by the British Columbia Arbitration and Mediation Institute;

b) the Parties agree to participate in good faith in the mediation process and to meet with the mediator as soon as possible; and

c) each Party will bear the costs of its own participation and representation in the mediation and will pay equally all other costs of mediating the dispute, including the remuneration of the mediator.

Arbitration

9.7 If the Parties are unable to resolve the dispute within sixty (60) Business Days of the first meeting with the mediator or within such time as the Parties may agree in writing, the Parties may agree in writing to submit the dispute to arbitration, in accordance with paragraph 9.8.

9.8 Where the Parties agree to submit the dispute to arbitration, the following rules will apply: a) the dispute will be resolved by a single arbitrator if the Parties agree on one

and, otherwise, by three arbitrators, one to be appointed by each Party and a third to be chosen by the first two named;

b) the Parties may agree on the procedure to be followed in the arbitration. If they cannot agree on this procedure within fifteen (15) Business Days of the

Schedule B


Page 17 of 24

Schedule B

appointment of an arbitrator or arbitrators, the procedure will be determined by the arbitrator or arbitrators;

c) the arbitrator or arbitrators will issue a written decision within thirty (30) Business Days of the completion of the arbitration process and will provide copies of the written decision to each Party; and

d) unless otherwise agreed or otherwise ordered in the arbitration decision, the costs of the arbitration will be shared equally by the Parties.

Judicial Proceedings

9.9 The Parties agree not to commence litigation in respect of a dispute under this Agreement until the completion of the mediation process in accordance with paragraph 9.6.

9.10 In the event that the Parties have agreed to arbitration, no Party may commence litigation in respect of a dispute under this Agreement until receipt of the arbitration decision.

9.11 Where litigation in respect of a dispute under this Agreement is to be commenced by a Party, the Party will give twenty (20) Business Days written notice to the other Party of their intent to commence litigation, unless to do so would result in the loss of a right to commence litigation due to the expiration of a limitation period.

PART X – RATIFICATION

Participating First Nation

10.1 Prior to the ratification vote being conducted in accordance with paragraph 10.2, the Participating First Nation will take reasonable steps to inform its Members of: a) their right to participate in the approval process and the manner in which that

right can be exercised;

b) the content of the First Nation Education Law Making Protocol; and

c) the content of this Agreement.

10.2 Ratification of this Agreement and the First Nation Education Law Making Protocol by the Participating First Nation requires: a) the conduct of a vote, by way of secret ballot, on a day or days to be

determined by resolution of the First Nation Council, indicating that at least fifty (50%) percent plus one (1) of Members, of an age determined by the Participating First Nation, who cast a ballot have voted in favour of entering into this Agreement, and have voted to adopt the First Nation Education Law

Schedule B


Page 18 of 24

Schedule B

Making Protocol.

b) that this Agreement and the First Nation Law Making Protocol be signed by an authorized representative of the Participating First Nation.

10.3 The Participating First Nation may, by resolution of the First Nation Council, increase the minimum percentage required for approval otherwise required under paragraph 10.2 (a) .

Canada

10.4 Ratification of this Agreement by Canada requires that: a) this Agreement be signed by a Minister, authorized by the Federal Cabinet;

and

b) the Federal Cabinet pass an Order in Council adding the Participating First Nation to a Schedule of the Federal Enabling Legislation.

10.5 Canada will undertake the process set out in paragraph 10.4 following the ratification by the Participating First Nation in accordance with paragraph 10.2.

Costs of Ratification

10.6 For the purpose of offsetting its costs of establishing and conducting a ratification process for community approval of this Agreement, Canada will provide the Participating First Nation a one-time payment to offset its costs in carrying out its ratification process.

PART XI – GENERAL PROVISIONS

Nature of Agreement

11.1 This Agreement is not a treaty or a land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982.

11.2 This Agreement does not, of its own force and effect, recognize, affirm or deny any aboriginal or treaty rights of the Participating First Nation, nor does it abrogate or derogate from the recognition and affirmation of the existing rights in section 35 of the Constitution Act, 1982.

11.3 Nothing in this Agreement will be construed so as to affect in any manner the Constitution of Canada.

11.4 Nothing in this Agreement restricts the Participating First Nation from entering into other agreements with Canada or other parties with respect to any matter, including those matters covered in this Agreement.

Schedule B


Page 19 of 24

Schedule B

Education Jurisdiction Agreement is Binding

11.5 This Agreement is binding on the Parties from the Effective Date.

11.6 This Agreement is binding on, and can be relied on by, all persons from the Effective Date.

Access to Other Programs

11.7 Members of Participating First Nations who are Canadian citizens or permanent residents of Canada continue to be entitled to all the rights and benefits of other Canadian citizens or permanent residents of Canada, applicable to them from time to time.

11.8 Subject to paragraph 11.9, nothing in this Agreement will affect the ability of the Participating First Nation, or its Members, to participate in, or benefit from, programs established by Canada for Indians, Bands or aboriginal people, in accordance with criteria established for those programs from time to time.

11.9 Members of the Participating First Nation will be eligible to participate in educational programs or services established by Canada or British Columbia and to receive services from Canada or British Columbia, in accordance with criteria established for those programs and services from time to time, to the extent that the Participating First Nation has not assumed responsibility for those educational programs and services under an Education Jurisdiction Funding Agreement or other funding agreement.

Liability

11.10 The Participating First Nation will from time to time and at all times be indemnified and saved harmless from and against claims, liabilities and demands arising directly or indirectly from the acts or omissions of Canada, its officers, employees and agents in the exercise of their powers, duties and functions with respect to this Agreement.

11.11 Canada will from time to time and at all times be indemnified and saved harmless from and against claims, liabilities and demands arising directly or indirectly from the acts or omissions of the Participating First Nation, the Community Education Authority, and their officers, employees and agents in the exercise of their powers, duties and functions with respect to this Agreement.

Amendment

11.12 This Agreement may be amended where consent in writing of each Party is obtained. Canada’s consent to any amendment may require an Order in Council. The Participating First Nation’s consent to any amendment will require a

Schedule B


Page 20 of 24

Schedule B

resolution of the First Nation Council.

11.13 An amendment to this Agreement takes effect on a date agreed to by the Parties to the amendment, but if no date is agreed to, on the date that the last Party required to consent to the amendment gives its consent.

11.14 If federal legislation is required to give effect to an amendment to this Agreement, Canada will take all reasonable steps to enact the legislation.

Access to Information and Protection of Privacy

11.15 A Participating First Nation may enter into agreements with Canada in respect of any one or more of the collection, protection, retention, use, disclosure, and confidentiality of personal, general or other information necessary for the Participating First Nation to exercise its Jurisdiction under this Agreement consistent with applicable federal laws, including federal access to information and privacy legislation.

11.16 For the purposes of federal access to information and privacy legislation, information that any Participating First Nation provides to Canada in confidence is deemed to be information received or obtained in confidence from another government.

11.17 Canada may provide information necessary for the exercise of the Jurisdiction under this Agreement to a Participating First Nation in confidence if that Participating First Nation has entered into an agreement with Canada under which the confidentiality of the information will be protected.

11.18 Notwithstanding any other provision of this Agreement: a) Canada is not required to disclose any information that it is required to

withhold under any federal law, including sections 37 to 39 of the Canada Evidence Act;

b) if federal legislation allows the disclosure of certain information only if specified conditions for disclosure are satisfied, Canada is not required to disclose that information unless those conditions are satisfied; and

c) the Parties are not required to disclose any information that may be withheld under privilege at law.

International Legal Obligations

11.19 The Participating First Nation agrees to exercise the powers set out in this Agreement in a manner consistent with the international obligations binding on Canada under international law, including those obligations that are in force

Schedule B


Page 21 of 24

Schedule B

before, on or after the Effective Date of this Agreement.

Entire Agreement

11.20 This Agreement is the entire agreement among the Parties in respect of the subject matter of this Agreement and, except as set out in this Agreement, there is no representation, warranty, collateral agreement, condition, right, or obligation affecting this Agreement.

No Implied Waiver

11.21 A provision of this Agreement, or the performance by a Party of an obligation under this Agreement, may not be waived unless the waiver is in writing and signed by the Party or Parties giving the waiver.

11.22 No written waiver of a provision of this Agreement, of performance by a Party of an obligation under this Agreement, or of default by a Party of an obligation under this Agreement, will be a waiver of any other provision, obligation, or subsequent default.

Interpretation

11.23 In this Agreement: a) unless it is otherwise clear from the context, a reference to a "Part" or

“paragraph” means a Part or paragraph of this Agreement;

b) headings and sub-headings are for convenience only, do not form a part of this Agreement and in no way define, limit, alter or enlarge the scope or meaning of any provision of this Agreement;

c) unless otherwise provided, a reference to a statute includes every amendment to it, every regulation made under it and amendment made to such regulation, and any successor legislation; and

d) unless it is otherwise clear from the context, the use of the singular includes the plural and the use of the plural includes the singular.

Computation of Time

11.24 Sections 26 to 28 of the Interpretation Act (Canada) apply to the computation of time for the purposes of this Agreement.

Execution of Document

11.25 Each Party will, at the request of and at no cost to the other Party, execute and deliver to the requesting Party any instrument or document or will do anything that may reasonably be required to carry out its obligations under this

Schedule B


Page 22 of 24

Schedule B

Agreement, or to complete any transaction contemplated by this Agreement.

Severability

11.26 Unless otherwise determined by a court of competent jurisdiction, if any provision contained in this Agreement is rendered invalid, illegal or unenforceable by a court of competent jurisdiction in any respect: a) the Parties will make best efforts to remedy or amend the provision; and

b) the validity, legality or enforceability of the remaining provisions will not in any way be considered by the Parties to be affected or impaired.

Notices And Communications

11.27 Where in this Agreement any notice or other communication is required to be given or made by either Party, it will be in writing and will be effective if by hand, transmitted by facsimile transmission or sent by registered mail to the addresses set out below. The address of either Party may be changed by notice in the manner set out in this paragraph.

CANADA: Minister Indian Affairs and Northern Development 10 Wellington Street OTTAWA ONTARIO K1A 0H4 Fax: (819) 953-4941

PARTICIPATING FIRST NATION:

[to be inserted]

Fax: (xxx) xxx-xxxx

11.28 A notice or communication will be considered to have been received: a) if delivered by hand during business hours on a Business Day, upon receipt

by a responsible representative of the receiver or, if not delivered during business hours, upon the commencement of business on the next Business Day;

b) if sent by facsimile transmission during business hours on a Business Day, upon the sender receiving confirmation of the transmission or, if not transmitted during business hours, upon the commencement of business on the next Business Day; or

c) if mailed by registered post in Canada, five (5) Business Days after posting,

Schedule B


Page 23 of 24

Schedule B

except that, in the case of a disruption or an impending or threatened disruption in postal services, every notice or communication will be delivered by hand or sent by facsimile transmission.

Schedule B


Page 24 of 24

Schedule B

THIS AGREEMENT HAS BEEN EXECUTED as of the day and year first above written.

EXECUTED in the presence of: _______________________ As to the authorized signatory for the Minister of Indian Affairs and Northern Development

)))))))))))))

HER MAJESTY THE QUEEN IN RIGHT OF CANADA as represented by the Minister of Indian Affairs and Northern Development or duly authorized signatory ______________________ Per: duly authorized signatory

EXECUTED in the presence of: ________________________

As to the signature of

)))))))))))))

Participating First Nation as represented by its Chief and Council or duly authorized signatory _______________________

Per: duly authorized signatory

Schedule B

CANADA-FIRST NATION EDUCATION JURISDICTION FUNDING AGREEMENT FOR NEGOTIATION PURPOSES ONLY WITHOUT PREJUDICE

Page 1 of 19

Schedule C

Canada-First Nation Education Jurisdiction Funding Agreement

WHEREAS:

The Canada - First Nation Education Jurisdiction Agreement provides that the Parties will negotiate a Education Jurisdiction Funding Arrangement;




Made this _______ day of __________________, 200__

BETWEEN:

HER MAJESTY THE QUEEN IN RIGHT OF CANADA

as represented by the Minister of Indian Affairs and Northern Development

(hereinafter referred to as "Canada")

AND

THE “X” FIRST NATION

as represented by its Chief and Council

(hereinafter referred to as "the Participating First Nation")

Collectively referred to hereinafter as "the Parties"

Schedule C


Page 2 of 19

Schedule C

“Agreement” means this Education Jurisdiction Funding Agreement and all its Schedules and Appendices;

“Canada - First Nation Education Jurisdiction Agreement” means the agreement entered into between Canada and the Participating First Nation dated _________________, as amended from time to time;

“Community Education Authority” means a legally constituted entity established by the Participating First Nation to operate its Education system;

“Education” means education programs and services of a nature generally provided to students enrolled in kindergarten to grade 12;

“Effective Date” means the date on which this Agreement comes into effect;

“Education Programs and Services” means the programs and services for which Canada has agreed to contribute funding as set out in Schedule A to this Agreement;

“Federal Funding” means payments made by Canada to the Participating First Nation under this Agreement to support the delivery of Education Programs and Services;

“First Nation Education Law” means a law passed by the Participating First Nation with respect to the operation of its Education system in accordance with the Canada-First Nation Education Jurisdiction Agreement;

“Fiscal Year” means a period that begins on April 1st in one year and ends on March 31st in the following year;

“Generally Accepted Accounting Principles” means the accounting principles generally accepted in Canada and published by the Canadian Institute of Chartered Accountants (CICA) or its successors, and includes revisions to these principles from time to time;

“Implementation Working Committee” means the committee established under the Canada-First Nations Education Jurisdiction Agreement;

“Indian” means a person who, pursuant to the Indian Act, is registered as an Indian or is entitled to be registered as an Indian;

“Indian Family” means married persons living together or persons living together in a marriage-like relationship, with Indian or non-Indian children, where one of those

Schedule C


Page 3 of 19

Schedule C

persons is an Indian;

“Initial Fiscal Year” means the period commencing on the Effective Date and ending the following March 31st;

“Parties” means the signatories to this Agreement; and

“Subsequent Fiscal Years” means the Fiscal Years following the Initial Fiscal Year.

PART II - TERM

2.1 This Agreement will commence on the Effective Date, and will end on March 31st of the Fiscal Year in which the Xth anniversary of the Education Jurisdiction Funding Agreement occurs.

PART III - FIRST NATION=S RESPONSIBILITIES

3.1 The Participating First Nation is responsible for ensuring, either directly or indirectly, the provision of the Education Programs and Services set out in Schedule A of this Agreement.

3.2 Education Programs and Services provided by the Participating First Nation or any agent or contractor shall be delivered in compliance with Participating First Nation Education Laws and any applicable federal or provincial law.

3.3 The Participating First Nation is responsible for ensuring that the delivery of Education within its school system meets the standards that will ensure the ability of students to move freely between its Education system and the public school system.

3.4 The Participating First Nation is responsible for maintaining in good order all Education facilities and equipment and for the replacement of the equipment for the Education Programs and Services.

3.5 The Participating First Nation is entitled to retain any unexpended Federal Funding. The Participating First Nation is responsible for any expenditure in excess of the funding provided to it under this Agreement.

PART IV – FEDERAL FUNDING

4.1 Subject to the terms of this Agreement, Canada shall make payments to the

Schedule C


Page 4 of 19

Schedule C

Participating First Nation as follows: a) subject to 4.1(b),the transfer payments will equal the Federal Funding

amount set out in Schedule B for Education Programs and Services;

b) if the Effective Date is not April 1 of the Initial Fiscal Year, then the Federal Funding amount in section 4.1(a) will be adjusted in accordance with Schedule B to this Agreement; and

c) for each Subsequent Fiscal Year, the payment will equal the Federal Funding amount set out in Schedule B for the Fiscal Year for Education Programs and Services.

4.2 The transfer payments to the Participating First Nation referred to in section 4.1 will be made by Canada in the following manner: a) for the Initial Fiscal Year, in respect of Education Programs and Services

listed in Schedule A to this Agreement, within 10 working days of the Effective Date in accordance with section 4.2(b);

b) Note: Cash flow to be inserted here

PART V: GENERAL PROVISIONS

Exceptional Circumstances

5.1 In any situation where the Parties agree that exceptional circumstances arise which create financial pressures that would significantly impair the ability of the Participating First Nation to meet its obligations set out in this Agreement, the Parties will, at the request of the Participating First Nation: a) meet as soon as possible to review the exceptional circumstances and the

impact on ability of the Participating First Nation to meet its obligations;

b) review potential funding sources or other assistance available to the Participating First Nation to meet its obligations; and

c) decide what steps, if any, may be required by the Parties to address the impact of exceptional circumstances on the ability of the Participating First Nation to meet its obligations.

5.2 For further clarification, section 5.1 is intended to address exceptional

Schedule C


Page 5 of 19

Schedule C

circumstances that were not reasonably foreseeable at the time this Agreement was entered into and which have a significant impact on Participating First Nation=s ability to perform its obligations under this Agreement.

Accountability

5.3 The Participating First Nation will be accountable for the delivery of Education Programs and Services in accordance with the system of financial administration required under First Nation Education Laws and federal or provincial laws.

5.4 The Participating First Nation will provide program reports to Canada in accordance with the procedures set out in Schedule C to this Agreement.

5.5 Where the Participating First Nation engages an agent or authorizes a contractor to deliver Education Programs and Services on its behalf, the Participating First Nation will remain liable to Canada for performing its obligations under this Agreement.

5.6 All accounts and financial statements required to be prepared under this Agreement will be maintained and prepared in accordance with Generally Accepted Accounting Principles.

5.7 The Participating First Nation will: a) within one hundred and twenty (120) days following the end of each Fiscal

Year provide Canada with consolidated audited financial statements for the Fiscal Year prepared to a comparable standard to that generally accepted for governments in Canada; and

b) where the Participating First Nation transfers funds to an agent or contractor under section 5.5 to deliver Education Programs and Services, the Participating First Nation will ensure that adequate procedures are in place with that agent or contractor to establish program and financial accountability for those funds, including the provision of a financial audit, as appropriate.

Information Exchange

5.8 The Parties will share at no cost to each other and in a timely manner, information that is reasonably required from time to time for purposes of implementation, monitoring, and renewal of this Agreement. The sharing of this

Schedule C


Page 6 of 19

Schedule C

information is in addition to the reporting obligations set out in the Schedule A to this Agreement.

5.9 At the written request of Canada, the Participating First Nation will provide copies of any reports prepared by the Participating First Nation, or its agent or contractor, in relation to the delivery of Education Programs and Services and the achievements made by students receiving Education Programs and Services.

5.10 The Parties will collect, share and disclose information on Education Programs and Services under this Agreement in a manner that: a) ensures the confidentiality of that information to the same extent as applies

generally to other governments exchanging similar types of information in Canada; and

b) is in accordance with all other applicable federal or provincial law pertaining to the safeguarding of information of individuals.

Subsequent Education Jurisdiction Funding Agreement

5.11 Not later than eighteen (18) months prior to the end of term of this Agreement, or earlier if the Parties agree, the Parties will meet and attempt to reach agreement, in accordance with the Canada-First Nations Education Jurisdiction Agreement, on a subsequent Education Jurisdiction Funding Agreement.

5.12 During the negotiations on the subsequent Education Jurisdiction Funding Agreement, the Participating First Nation will notify Canada of any additional Education programs or services that it wishes to have included in a subsequent Education Jurisdiction Funding Agreement.

5.13 If the Parties do not reach agreement on a subsequent Education Jurisdiction Funding Agreement, by the end of the original term of this Agreement: a) this Agreement shall continue in effect on the same terms and conditions for

a period of twenty-four months after the end of the original term of this Agreement or until such time as the Parties reach agreement on a subsequent Education Jurisdiction Funding Agreement, whichever happens first; and

b) Federal Funding provided by Canada during the period in section 5.13(a) will

Schedule C


Page 7 of 19

Schedule C

be adjusted in accordance with adjustors for the Fiscal Year in which the Agreement originally expired.

Disputes Under The Agreement

5.14 In the event that a dispute arises between the Parties regarding the interpretation, implementation, or fulfillment of a provision of this Agreement, the Parties may choose to resolve the dispute in the manner set out below.

5.15 In the event a Party is of the opinion that a dispute exists between it and the other Party, that Party may invoke the dispute resolution process provided for in this Agreement by giving the other Party written notice setting out: a) that the Party giving notice wishes to refer the dispute to the dispute

resolution process provided for in this Agreement; and

b) a concise summary of the nature of the dispute.

5.16 Upon receiving the notice under section 5.15, the other Party will participate in informal discussions and attempt to resolve the dispute.

5.17 As a general principle, the Parties desire and expect that a dispute arising from this Agreement will be resolved by informal discussion between them.

5.18 Subject to section 5.19, where the Parties are unable to resolve the dispute through informal discussion within 45 days of the notice being sent under section 5.15, or a longer period if the Parties agree in writing, the Parties may refer the dispute for resolution in accordance with the dispute resolution provisions in the Canada-First Nation Education Jurisdiction Agreement and, for greater certainty, the dispute will be considered to be a dispute for the purposes of those provisions.

5.19 For greater certainty, disputes arising under this Agreement may not be referred to and finally resolved by arbitration under the Dispute Resolution provisions under the Canada First Nation Education Jurisdiction Agreement.

Default and Remedies

5.20 A Party will be in default of this Agreement in the event: a) that a Party breaches any provisions of this Agreement or fails to fulfill any of

Schedule C


Page 8 of 19

Schedule C

its obligations as set out in this Agreement; or

b) that a Party gives or makes a representation, statement or report, required under this Agreement, that it knows or reasonably ought to know, is false in any material way.

5.21 Where there is an alleged default of this Agreement, the Party alleging the default shall notify the other Party of the alleged default and the circumstances giving rise to the alleged default.

5.22 A Party that receives a notice of default under section 5.21 shall, within thirty (30) days of receipt of the notice, notify the other Party, of one of the following: a) that it has remedied the default, including a description of the remedial

action taken or being taken; or

b) that it disagrees that a default has occurred, in which case the issue shall be referred to the dispute resolution provisions set out in sections 5.14 through 5.19.

5.23 Where Canada has given notice of breach to the Participating First Nation and the process referred to in sections 5.22(b) has not been successful in resolving the dispute, Canada may, in addition to any other remedies available to it, hold back from the Federal Funding otherwise payable under this Agreement, such amount as Canada may determine corresponds to the default.

5.24 A Party that gives notice of a default under section 5.21 may at any time waive the default, in which case the default is waived for both Parties for all purposes.

Schedules to Agreement

5.25 The following Schedules are attached to and form part of this Agreement:

Schedule Description A Education Programs and Services B Cash Flow and Adjustment Procedures C Reporting Procedures D One-Time Implementation Activities

Schedule C


Page 9 of 19

Schedule C

and Procedures

Amendment

5.26 Any amendment to this Agreement must be in writing and be executed by Canada and the Participating First Nation.

No Implied Waiver

5.27 No term or condition of this Agreement, or performance by a Party of a covenant under in this Agreement, will be deemed to have been waived unless the waiver is in writing and signed by the Party giving the waiver.

5.28 No written waiver of a term or condition of this Agreement, of performance by a Party of a covenant in this Agreement, or of default by a Party of a covenant under this Agreement, will be deemed to be a waiver of any other covenant, term or condition, or of any subsequent default.

Interpretation of Agreement

5.29 In this Agreement: a) unless it is otherwise clear from the context, Aincluding@ means Aincluding, but

not limited to@, and Aincludes@ means Aincludes, but is not limited to@;

b) headings and subheadings are for convenience only, do not form a part of this Agreement and in no way define, limit, alter or enlarge the scope or meaning of any provision of this Agreement;

c) a reference to a statute includes every amendment to it, every regulation made under it and any law enacted in substitution for it or in replacement of it;

d) a reference to an agreement that is included as a schedule to this Agreement includes every amendment to it and every agreement made in substitution for it or in replacement of it;

e) unless it is otherwise clear from the context, a reference to a Schedule means a Schedule to this Agreement;

f) unless it is otherwise clear from the context, the use of the singular includes the plural, and the use of the plural includes the singular; and

g) all accounting terms have the meanings assigned to them under Generally

Schedule C


Page 10 of 19

Schedule C

Accepted Accounting Principles.

Nature of Agreement

5.30 This Agreement is not a treaty or a land claim agreement, and does not recognize or affirm aboriginal or treaty rights, within the meaning of sections 25 and 35 of the Constitution Act, 1982.

Further Assurances

5.31 The Parties will execute any other documents and do any other things that may be necessary to carry out the intent of this Agreement.

Time of the Essence

5.32 Time is of the essence in this Agreement.

Severability

5.33 If any part of this Agreement is declared or held invalid for any reason, the invalidity of that part will not affect the validity of the remainder that will continue in full force and effect and be construed as if this Agreement had been executed without the invalid portion.

Enurement

5.34 This Agreement will enure to the benefit of and be binding upon the Parties and their respective permitted assigns.

No Assignment

5.35 Unless otherwise agreed by the Parties, this Agreement may not be assigned, either in whole or in part, by either Party to it.

Notices

5.36 Unless otherwise provided, a notice, document, request, approval, authorization, consent or other communication (each a Acommunication@) required or permitted to be given or made under this Agreement must be in writing and will be considered to have been given or made, and received if:

Schedule C


Page 11 of 19

Schedule C

a) delivered personally or by courier, at the start of business on the next business day after the business day on which it was received by the addressee or a responsible representative of the addressee;

b) sent by facsimile transmission and if the sender receives confirmation of the transmission, at the start of business on the next business day on which it was transmitted;

c) mailed by prepaid registered post in Canada, when the postal receipt is acknowledged by the addressee; or

d) sent by e-mail and if the sender receives confirmation of the transmission, at the start of business on the next business day on which it was transmitted.

5.37 A communication must be delivered, transmitted to the facsimile number or mailed to the address of the intended recipient set out below:

For: Canada Attention: Minister of Indian Affairs and Northern

Development House of Commons Room 583, Confederation Building OTTAWA, ONTARIO K1A 0A6

Fax Number: (819) 953-4941

For: Participating First Nation Attention: title

Address XXX, BRITISH COLUMBIA Postal Code

Fax Number: _________________

5.38 A Party may change its address or facsimile number by giving a notice of the change to the other Party in the manner set out above.

THIS AGREEMENT HAS BEEN EXECUTED as of the day and year first above written.EXECUTED in the presence of:

))

HER MAJESTY THE QUEEN IN RIGHT OF CANADA as represented by the Minister of Indian

Schedule C


Page 12 of 19

Schedule C

_______________________ As to the authorized signatory for the Minister of Indian Affairs and Northern Development

))))))))))

Affairs and Northern Development or duly authorized signatory ______________________ Per: duly authorized signatory

EXECUTED in the presence of: ________________________

As to the signature of

)))))))))))))

Participating First Nation as represented by its Chief and Council or duly authorized signatory _______________________

Per: duly authorized signatory

Schedule C


Page 13 of 19

Schedule C

SCHEDULE A

EDUCATION PROGRAMS AND SERVICES

NOTE: THIS SCHEDULE IS SUBJECT TO NEGOTIATION AND COULD INCLUDE ALL OR SOME OF THE ITEMS LISTED, INCLUDING GOVERNANCE/INCREMENTAL IMPLEMENTATION COSTS ASSOCIATED WITH THE ACTIVITIES, DEPENDING ON THE CIRCUMSTANCES IN EACH PARTICIPATING FIRST NATION. IN ADDITION, SOME OF THE ITEMS ARE OR WILL BE INCLUDED IN THE FUNDING FORMULA FOR BAND OPERATED SCHOOLS, WHICH IS STILL UNDER DISCUSSION NATIONALLY. NEGOTIATIONS WILL ALSO INCLUDE THE DEFINITION OF ELIGIBILITY CRITERIA.

1. The Participating First Nation will make instructional services from kindergarten to grade 12 available to eligible students. For the purposes of this section, an eligible student means:

a. an Indian student or a non-Indian student living in an Indian Family, who is ordinarily resident on First Nation Land, and who is enrolled in and attending a federal, provincial public or independent school that is recognized by the province as an elementary or secondary institution and is operated by a third party education service provider, or a school operated by the Participating First Nation; and

b. a non-Indian student, ordinarily resident on First Nation Land, other than lands developed primarily for commercial purposes such as residential developments, who is enrolled to attend a school operated by the Participating First Nation on First Nation Land.

2. The Participating First Nation will ensure the provision of the following instructional support services to eligible students:

a. ancillary services; b. accommodation; c. student allowances; d. guidance and counseling; e. comprehensive instructional support services;

Schedule C


Page 14 of 19

Schedule C

f. transportation; g. school operation and maintenance; h. education minor capital; i. employee benefits for those persons employed in the Education system

operated by the Participating First Nation; and j. aboriginal language and culture (currently targeted funding – will only be

included if funding program authorities change in the future).

For the purposes of this section, an eligible student means:

a. an Indian student or a non-Indian student living in an Indian Family who is ordinarily resident on First Nation Land, and who is enrolled in and attending a federal, provincial public or independent school that is recognized by the province as an elementary or secondary institution and is operated by a third party education service provider, or a school operated by the Participating First Nation; and

b. a non-Indian student, ordinarily resident on First Nation Land other than lands developed primarily for commercial purposes such as residential developments, who is enrolled in and attending a federal, provincial public, or independent school that is recognized by the province as an elementary or secondary institution and is operated by a third party education service provider, or a school operated by the Participating First Nation.

Education Data Collection and Reporting

3. The Participating First Nation will ensure that data is collected, or provided to it by an agent or contractor delivering the Education Programs and Services, and that this data is provided to Canada in accordance with the reports and reporting dates as follows:

a. enrolment by grade/level (K-12), broken down by type of school (band operated/independent etc) and gender,

b. completion rate and number, by type of school and gender.

Schedule C


Page 15 of 19

Schedule C

See Schedule C

Members Who Access Provincial Public Schools

4. Where the Participating First Nation has determined that Members wish to access kindergarten, elementary or secondary level education programs and services provided by a third party education service provider, the Participating First Nation must enter into a service contract with that service provider.

5. The third party education service provider must meet the requirements of the provincial School Act (British Columbia) or the Independent School Act (British Columbia), as amended from time to time.

6. The Participating First Nation will maintain the third party education service contract in good standing for the full term of the service contract.

Schedule C


Page 16 of 19

Schedule C

SCHEDULE B

PART VII - CASH FLOW AND ADJUSTMENT PROCEDURES

Schedule C

CA

NA

DA

-FIR

ST

NA

TIO

N E

DU

CA

TIO

N J

UR

ISD

ICTI

ON

FU

ND

ING

AG

RE

EM

EN

T

FOR

NE

GO

TIA

TIO

N P

UR

PO

SE

S O

NLY

W

ITH

OU

T P

RE

JUD

ICE

Pa

ge 1

7 of

19

Sche

dule

C

SCH

EDU

LE C

PAR

T VI

I – R

EPO

RTI

NG

PR

OC

EDU

RES

X Fi

rst N

atio

n Ed

ucat

ion

Juris

dict

ion

Fund

ing

Agr

eem

ent

Ed

ucat

ion

Rep

ortin

g fo

r Fis

cal 2

0XX

Par

agra

ph _

__ -

enr

ollm

ent a

nd c

ompl

etio

n ra

tes

of E

ligib

le S

tude

nts

rece

ivin

g fe

dera

lly s

uppo

rted

Edu

catio

n P

rogr

ams

and

Ser

vice

s un

der p

arag

raph

__

_, b

y ge

nder

of s

tude

nt a

nd ty

pe o

f edu

catio

nal i

nstit

utio

n.

Enro

lmen

t* C

ompl

etio

n R

ate*

and

Num

ber

ED

UC

ATI

ON

AL

INS

TITU

TIO

N

Firs

t Nat

ion

Ope

rate

d Sc

hool

In

depe

nden

t Sch

ool

Pro

vinc

ial S

choo

l (S

Ds

) To

tal

Firs

t Nat

ion

Ope

rate

d Sc

hool

In

depe

nden

t Sch

ool

Pro

vinc

ial S

choo

l (S

D _

_ )

Tota

l

Fe

mal

e M

ale

Fem

ale

Mal

e Fe

mal

e M

ale

Fe

mal

e M

ale

Fem

ale

Mal

e Fe

mal

e M

ale

KIN

DE

RG

AR

TEN

N/A

N

/A

N/A

N

/A

N/A

N

/A

ELE

ME

NTA

RY

(G

rade

d)

N

/A

N/A

N

/A

N/A

N

/A

N/A

ELE

ME

NTA

RY

(U

ngra

ded)

N/A

N

/A

N/A

N

/A

N/A

N

/A

SE

CO

ND

AR

Y

(Gra

ded)

SE

CO

ND

AR

Y

(Ung

rade

d)

DO

GW

OO

D

Com

plet

ion

Cer

tific

ate

Scho

ol L

eavi

ng

Cer

tific

ate

Schedule C

CA

NA

DA

-FIR

ST

NA

TIO

N E

DU

CA

TIO

N J

UR

ISD

ICTI

ON

FU

ND

ING

AG

RE

EM

EN

T

FOR

NE

GO

TIA

TIO

N P

UR

PO

SE

S O

NLY

W

ITH

OU

T P

RE

JUD

ICE

Pa

ge 1

8 of

19

Sche

dule

C

SCH

EDU

LE C

PAR

T VI

I – R

EPO

RTI

NG

PR

OC

EDU

RES

X Fi

rst N

atio

n Ed

ucat

ion

Juris

dict

ion

Fund

ing

Agr

eem

ent

Ed

ucat

ion

Rep

ortin

g fo

r Fis

cal 2

0XX

Par

agra

ph _

__ -

enr

ollm

ent a

nd c

ompl

etio

n ra

tes

of E

ligib

le S

tude

nts

rece

ivin

g fe

dera

lly s

uppo

rted

Edu

catio

n P

rogr

ams

and

Ser

vice

s un

der p

arag

raph

__

_, b

y ge

nder

of s

tude

nt a

nd ty

pe o

f edu

catio

nal i

nstit

utio

n.

Enro

lmen

t* C

ompl

etio

n R

ate*

and

Num

ber

ED

UC

ATI

ON

AL

INS

TITU

TIO

N

Firs

t Nat

ion

Ope

rate

d Sc

hool

In

depe

nden

t Sch

ool

Pro

vinc

ial S

choo

l (S

Ds

) To

tal

Firs

t Nat

ion

Ope

rate

d Sc

hool

In

depe

nden

t Sch

ool

Pro

vinc

ial S

choo

l (S

D _

_ )

Tota

l

TOTA

L

* E

ligib

le S

tude

nts

ordi

naril

y re

side

nt o

n Fi

rst N

atio

n La

nd.

N

otes

: Th

e co

mpl

etio

n ra

te is

cal

cula

ted

as th

e nu

mbe

r of p

erso

ns w

ho h

ave

star

ted

a pr

ogra

m (d

enom

inat

or) c

ompa

red

to th

ose

who

hav

e co

mpl

eted

a p

rogr

am (n

umer

ator

).

Schedule C


Page 19 of 19

Schedule C

SCHEDULE D

PART VIII - ONE-TIME IMPLEMENTATION ACTIVITIES AND PROCEDURES

1. In negotiating one-time implementation activities and procedures, the Parties will take into account the following: a) start-up costs of the Community Education Authority, or Authorities

b) systems transition; and

c) other matters agreed to by the Parties.

Schedule D

With

out P

reju

dice

For D

iscus

sion

Purp

oses

Onl

ySc

hedu

le D

Shee

t 1 o

f 17

Educ

atio

n Ag

reem

ent

Para

grap

h Re

fere

nce

Oblig

atio

n/Ac

tivity

Resp

onsib

le Pa

rties

Tim

ing

Relat

ed

Prov

ision

sIP

/CP

Doc

Req'd

Note

s

Law making

Communi-cation

2.3a

Prov

ide E

duca

tion,

eith

er d

irect

ly or

indi

rect

ly to

Mem

bers

,oth

er

Indi

ans a

nd In

dian

Fam

ilies r

esid

ent o

n Fi

rst N

atio

n La

nd;

PFN

ED

decid

e upo

n dire

ct or

indir

ect E

duca

tion p

rovis

ionPF

N, P

aren

ts

prov

ide E

duca

tion t

o Mem

bers,

other

India

ns an

d Ind

ian F

amilie

sPF

N/ B

C

2.3b

Prov

ide E

duca

tion

to N

on-In

dian

s who

resid

e on

Firs

t Nat

ion

Land

,oth

er th

an la

nds w

hich

are d

evelo

ped

prim

arily

for

com

mce

rcial

pur

pose

s suc

h as

resid

entia

l dev

elopm

ents

, if su

ch

non-

Indi

ans a

re en

rolle

d to

atte

nd a

scho

ol o

pera

ted

by th

e Pa

rticip

atin

g Fi

rst N

atio

n

PFN

EDIP

enro

ll to a

ttend

a sc

hool

oper

ated b

y the

Par

ticipa

ting F

irst N

ation

Pare

ntsup

on re

ques

tIP

prov

ide di

rect

Educ

ation

to N

on-In

dians

PFN

after

choic

e ma

de to

att

end P

FN

scho

ol

IP

X Fi

rst N

atio

n Im

plem

enta

tion

Plan

/ Clo

sing

Plan

Wor

kshe

etDr

aft C

anad

a Firs

t Nat

ion

Educ

atio

n Ju

risdi

ctio

n Ag

reem

ent

Exer

cise o

f Jur

isdict

ion

CP:

Clos

ing P

lan

IP:

Imple

men

tatio

n Pl

an

ED:

Effe

ctive

Dat

e

Schedule D

With

out P

reju

dice

For D

iscus

sion

Purp

oses

Onl

ySc

hedu

le D

Shee

t 2 o

f 17

Educ

atio

n Ag

reem

ent

Para

grap

h Re

fere

nce

Oblig

atio

n/Ac

tivity

Resp

onsib

le Pa

rties

Tim

ing

Relat

ed

Prov

ision

sIP

/CP

Doc

Req'd

Note

s

Law making

Communi-cation

2.4a

Subj

ect t

o re

ceivi

ng fu

ndin

g in

acco

rdan

ce w

ith th

e rec

ipro

cal

tuiti

on fu

ndin

g pr

ovisi

ons o

f the

BC-

FNES

C Ju

risdi

ctio

n Ag

reem

ent,

prov

ide E

duca

tion

to M

embe

rs w

ho d

o no

t res

ide o

n Fi

rst N

atio

n La

nds

PFN,

BC

EDIP

enro

ll to a

ttend

a sc

hool

oper

ated b

y the

Par

ticipa

ting F

irst N

ation

Pare

nts

comm

ence

men

t of s

choo

l ye

ar or

an

ytime

the

reaft

er

IP

prov

ide fu

nding

to P

artic

ipatin

g Firs

t Nati

on to

prov

ide E

duca

tion t

o no

n-re

siden

t Mem

bers

BC

after

choic

e ma

de to

att

end P

FN

scho

ol

IPNN

: link

to B

C FN

ESC

Agre

emen

t

prov

ide di

rect

Educ

ation

to no

n-re

siden

t Mem

bers

PFN

IP

2.4b

Subj

ect t

o re

ceivi

ng fu

ndin

g in

acco

rdan

ce w

ith th

e rec

ipro

cal

tuiti

on fu

ndin

g pr

ovisi

ons o

f the

BC-

FNES

C Ju

ris A

grm

nt,

prov

ide E

duca

tion

to N

on-M

embe

rs w

ho d

o no

t res

ide o

n FN

PF

N, B

CED

IP

enro

ll to a

ttend

a sc

hool

oper

ated b

y the

Par

ticipa

ting F

irst N

ation

Pare

nts

comm

ence

men

t of s

choo

l ye

ar or

an

ytime

the

reaft

er

IP

prov

ide fu

nding

to to

Par

ticipa

ting F

irst N

ation

to pr

ovide

Edu

catio

n to

non-

resid

ent N

on-M

embe

rsBC

after

choic

e ma

de to

att

end P

FN

scho

ol

IP

prov

ide di

rect

Educ

ation

to no

n-re

siden

t Non

-Mem

bers

PFN

IP

2.4c

Subj

ect t

o re

ceivi

ng fu

ndin

g in

acco

rdan

ce w

ith th

e rec

ipro

cal

tuiti

on fu

ndin

g pr

ovisi

ons o

f the

BC-

FNES

C Ju

risdi

ctio

n Ag

reem

ent,

prov

ide E

duca

tion

to N

on- I

ndian

s who

are n

ot

ordi

naril

y res

iden

t on

Firs

t Nat

ion

Land

s with

in th

e mea

ning

of

para

grap

h 2.3

(b) o

f the

CFN

EJA.

PFN,

BC

EDIP

CP:

Clos

ing P

lan

IP:

Imple

men

tatio

n Pl

an

ED:

Effe

ctive

Dat

e

Schedule D

With

out P

reju

dice

For D

iscus

sion

Purp

oses

Onl

ySc

hedu

le D

Shee

t 3 o

f 17

Educ

atio

n Ag

reem

ent

Para

grap

h Re

fere

nce

Oblig

atio

n/Ac

tivity

Resp

onsib

le Pa

rties

Tim

ing

Relat

ed

Prov

ision

sIP

/CP

Doc

Req'd

Note

s

Law making

Communi-cation

enro

ll to a

ttend

a sc

hool

oper

ated b

y the

Par

ticipa

ting F

irst N

ation

Pare

nts

comm

ence

men

t of s

choo

l ye

ar or

an

ytime

the

reaft

er

IP

prov

ide fu

nding

to P

artic

ipatin

g Firs

t Nati

on to

prov

ide E

duca

tion t

o No

n-Ind

ians w

ho re

side o

n Firs

t Nati

on La

nds d

evelo

ped p

rimar

ily fo

r co

mmer

cial p

urpo

ses s

uch a

s res

identi

al de

velop

ments

BC

after

choic

e ma

de to

att

end P

FN

scho

ol

IP

prov

ide di

rect

Educ

ation

to N

on-In

dians

who

resid

e on F

irst N

ation

La

nds d

evelo

ped p

rimar

ily fo

r com

merci

al pu

rpos

es su

ch as

re

siden

tial d

evelo

pmen

tsPF

NIP

2.5Pr

ovid

e abi

lity f

or N

on-M

embe

rs o

r the

ir ch

ildre

n wh

o ac

cess

PF

N Ed

ucat

ion

serv

ices t

o in

put i

nto

any d

ecisi

on th

at d

irect

ly an

d sig

nific

antly

affe

cts t

heir

right

s PF

NED

2.14

IP

choo

se m

echa

nism

to pr

ovide

non-

memb

er in

put

PFN

EDIP

/CP

revie

w po

ssibl

e dec

ision

s for

impa

cts on

rights

of S

tuden

ts or

pare

nts

of St

uden

ts wh

o rec

eive E

duca

tion f

rom

a PFN

PFN

EDIP

if plan

ned d

ecisi

ons d

irectl

y and

sign

ifican

tly af

fects

the S

tuden

ts or

pa

rents

of S

tuden

ts wh

o rec

eive E

duca

tion f

rom

a PFN

prov

ide a

mech

anism

for t

heir i

nput

PFN

EDIP

2.6Pr

ovid

e or m

ake p

rovis

ion

for E

duca

tion

prog

ram

s and

serv

ices

so as

to al

low

the t

rans

fer o

f Stu

dent

s to

an eq

uiva

lent g

rade

wi

thin

the s

choo

l sys

tem

of t

he P

rovin

ce o

f BC

PFN

ED4.4

IP/C

P

CP:

Clos

ing P

lan

IP:

Imple

men

tatio

n Pl

an

ED:

Effe

ctive

Dat

e

Schedule D

With

out P

reju

dice

For D

iscus

sion

Purp

oses

Onl

ySc

hedu

le D

Shee

t 4 o

f 17

Educ

atio

n Ag

reem

ent

Para

grap

h Re

fere

nce

Oblig

atio

n/Ac

tivity

Resp

onsib

le Pa

rties

Tim

ing

Relat

ed

Prov

ision

sIP

/CP

Doc

Req'd

Note

s

Law making

Communi-cation

deve

lop an

d imp

lemen

t pro

vision

s with

assis

tance

from

FNE

A, fo

r Ed

ucati

on so

as to

allow

the t

rans

fer of

Stud

ents

witho

ut ac

adem

ic pe

nalty

to an

equiv

alent

grad

e in a

nothe

r sch

ool w

ithin

the sc

hool

syste

m of

the P

rovin

ce of

Briti

sh C

olumb

ia

PFN,

FNE

AED

IP/C

P

2.8Ex

ercis

e cap

acity

, rig

hts,

powe

rs an

d pr

ivileg

es to

dea

l with

m

atte

rs o

f its

lega

l sta

tus l

isted

in P

ara 2

.7 in

acco

rdan

ce w

ith 2.

8 a-

cPF

NED

2.7IP

/CP

exer

cise c

apac

ity, r

ights,

powe

rs an

d priv

ilege

s to d

eal w

ith m

atter

s of

its le

gal s

tatus

listed

in P

ara 2

.7 in

acco

rdan

ce w

ith: th

e Firs

t Nati

on

Law-

Makin

g Pro

tocol,

the C

anad

a-Fir

st Na

tion E

duca

tion J

urisd

iction

Ag

reem

ent a

nd its

Firs

t Nati

on La

ws

PFN

EDIP

/CP

2.9

Act t

hrou

gh th

e Firs

t Nat

ion

Coun

cil in

exer

cisin

g its

capa

city,

right

s, po

wers

and

privi

leges

and

in ca

rryin

g ou

t its

dut

ies,

func

tions

and

oblig

atio

ns re

lated

to th

e sub

ject m

atte

r of

Educ

atio

n

PFN

ED2.1

1IP

/CP

create

the n

eces

sary

frame

work

for th

e Par

ticipa

ting

First

Natio

n to

exer

cise t

he ca

pacit

y, rig

hts, p

ower

s and

privi

leges

of th

e Firs

t Nati

on

Coun

cil in

carry

ing ou

t its d

uties

, func

tions

and o

bliga

tions

relat

ed to

the

subje

ct ma

tter o

f Edu

catio

n

FNC

EDIP

/CP

2.11

Exer

cise t

he Ju

risdi

ctio

n co

ntem

plat

ed b

y the

Can

ada F

irst

Natio

n Ed

ucat

ion

Juris

dict

ion

Agre

emen

t fol

lowi

ng th

e ado

ptio

n of

a Fi

rst N

atio

n La

w Ma

king

Prot

ocol

that

pro

vides

for t

he

mat

ters

liste

d in

2.11

a-e

FNC

EDIP

/CP

Deve

lop a

First

Natio

n Law

Mak

ing P

rotoc

ol tha

t pro

vides

for:

proc

edur

es fo

r the

pass

age a

nd am

endm

ent o

f Firs

t Nati

on E

duca

tion

Laws

, mec

hanis

ms th

roug

h whic

h non

-mem

bers

may h

ave i

nput

into

the E

duca

tion p

rogr

ams a

nd se

rvice

s, am

endm

ent o

f the F

irst N

ation

Ed

ucati

on La

w Ma

king P

rotoc

ol, co

nflict

of in

teres

t rule

s and

othe

r ma

tters

deter

mine

d by t

he P

FN

FNC

Prior

to th

e ED

2.5. 2

.8IP

/CP

NN: D

evelo

pmen

t of

FNLM

P co

uld be

done

by

FNEA

or ot

her F

irst

Natio

ns

CP:

Clos

ing P

lan

IP:

Imple

men

tatio

n Pl

an

ED:

Effe

ctive

Dat

e

Schedule D

With

out P

reju

dice

For D

iscus

sion

Purp

oses

Onl

ySc

hedu

le D

Shee

t 5 o

f 17

Educ

atio

n Ag

reem

ent

Para

grap

h Re

fere

nce

Oblig

atio

n/Ac

tivity

Resp

onsib

le Pa

rties

Tim

ing

Relat

ed

Prov

ision

sIP

/CP

Doc

Req'd

Note

s

Law making

Communi-cation

Appr

ove t

he F

irst N

ation

Edu

catio

n Law

Mak

ing P

rotoc

ol in

acco

rdan

ce w

ith th

e rati

ficati

on pr

ovisi

ons

FNC

Prior

to th

e ED

2.12,

ratifi

catio

n pr

ovisi

ons

Part

X

CP

2.13

Make

and

adm

inist

er la

ws in

relat

ion

to E

duca

tion

prov

ided

by

the P

artic

ipat

ing

Firs

t Nat

ion,

appl

icabl

e on

Firs

t Nat

ion

Land

in

acco

rdan

ce w

ith th

e Firs

t Nat

ion

Educ

atio

n La

w Ma

king

Prot

ocol

, in

relat

ion

to E

duca

tion

prov

ided

by t

he P

artic

ipat

ing

Firs

t Nat

ion

PFN/

FNC

2.11,

2.14,

4.5, 4

.6,

4.7IP

follow

Firs

t Nati

on E

duca

tion L

aw M

aking

Pro

tocol

FNC

enter

into

an E

duca

tion C

o-ma

nage

ment

Agre

emen

t for la

ws lis

ted

unde

r 4.5

PFN/

FNEA

admi

nister

Laws

FNC

2.16

Abilit

y to

deleg

ate i

ts Ju

risdi

tion

to th

e Firs

t Nat

ion

Educ

atio

n Au

thor

ityPF

NED

2.17

Obtai

n writt

en co

nsen

t from

the F

NEA

PFN

prior

to

delga

tion

written Conse

nt

If dec

ided,

enter

into

arra

ngem

ents

to de

legate

its Ju

risdic

tion t

o the

Fir

st Na

tion E

duca

tion A

uthor

ity in

a ma

nner

cons

isten

t with

the

Cana

da F

irst N

ation

Edu

catio

n Jur

isdict

ion A

gree

ment

and t

he F

irst

Natio

n Law

Mak

ing P

rotoc

ol

PFN

ED

2.17

Abilit

y to

deleg

ate i

ts d

uties

and

func

tions

und

er th

is ag

reem

ent

to a

legal

entit

y in

BC in

acco

rdan

ce w

ith th

e Can

ada F

irst N

atio

n Ed

ucat

ion

Juris

dict

ion

Agre

emen

t and

the F

irst N

atio

n La

w Ma

king

Prot

ocol

PFN

ED2.1

8

Obtai

n writt

en co

nsen

t from

a leg

al en

tity in

BC

PFN

prior

to

delga

tion

written Conse

nt

CP:

Clos

ing P

lan

IP:

Imple

men

tatio

n Pl

an

ED:

Effe

ctive

Dat

e

Schedule D

With

out P

reju

dice

For D

iscus

sion

Purp

oses

Onl

ySc

hedu

le D

Shee

t 6 o

f 17

Educ

atio

n Ag

reem

ent

Para

grap

h Re

fere

nce

Oblig

atio

n/Ac

tivity

Resp

onsib

le Pa

rties

Tim

ing

Relat

ed

Prov

ision

sIP

/CP

Doc

Req'd

Note

s

Law making

Communi-cation

If dec

ided,

enter

into

arra

ngem

ents

to de

legate

its du

ties a

nd fu

nctio

ns

unde

r this

agre

emen

t to a

legal

entity

in B

C in

acco

rdan

ce w

ith th

e Ca

nada

Firs

t Nati

on E

duca

tion J

urisd

iction

Agr

eeme

nt an

d the

Firs

t Na

tion L

aw M

aking

Pro

tocol

PFN

ED

2.19

Abilit

y to

ente

r int

o ag

reem

ents

to re

ceive

auth

oriti

es w

ith

resp

ect t

o Ed

ucat

ion

by d

elega

tion

PFN

ED

Reac

h agr

eeme

nt wi

th de

legate

e to r

eceiv

e auth

oritie

s, inc

luding

law-

makin

g auth

oritie

s by d

elega

tion

PFN

/Dele

gatee

3.1Ab

ility t

o m

ake l

aws e

stab

lishi

ng a

Com

mun

ity E

duca

tion

Auth

ority

PFN

ED3.2

, 3.3,

3.4

,3.5

Follo

w the

lawm

aking

proc

ess e

stabli

shed

unde

r the

Firs

t Nati

on

Educ

ation

Law

Makin

g Pro

tocol

to ma

ke La

ws es

tablis

hing a

co

mmun

ity E

duca

tion A

uthor

ity to

oper

ate, a

dmini

ster a

nd m

anag

e the

Ed

ucati

on sy

stem

for th

e PFN

and s

etting

out th

e pow

ers,

dutie

s, co

mpos

ition a

nd m

embe

rship

of the

Com

munit

y Edu

catio

n Auth

ority

PFN

ED2.9

, 2.11

4.2Ap

poin

t two

dire

ctor

s to

sit o

n th

e boa

rd o

f dire

ctor

s of t

he F

irst

Natio

n Ed

ucat

ion

Auth

ority

for a

n in

itial

term

of 2

year

sPF

NED

Selec

t two d

irecto

rs, on

e of w

hich i

s a m

embe

r of th

e Firs

t Nati

on

Coun

cil4.3

Estab

lish t

he su

bseq

uent

terms

of ap

point

ment

for th

e dire

ctors

boar

d of

direc

tors

Firs

t Nat

ions

Edu

catio

n Au

thor

ity

Com

mun

ity E

duca

tion

Auth

ority

CP:

Clos

ing P

lan

IP:

Imple

men

tatio

n Pl

an

ED:

Effe

ctive

Dat

e

Schedule D

With

out P

reju

dice

For D

iscus

sion

Purp

oses

Onl

ySc

hedu

le D

Shee

t 7 o

f 17

Educ

atio

n Ag

reem

ent

Para

grap

h Re

fere

nce

Oblig

atio

n/Ac

tivity

Resp

onsib

le Pa

rties

Tim

ing

Relat

ed

Prov

ision

sIP

/CP

Doc

Req'd

Note

s

Law making

Communi-cation

4.4a

Resp

onsib

ility t

o de

velo

p m

echa

nism

s to

assis

t PFN

in

deve

lopi

ng ca

pacit

y to

prov

ide E

duca

tion

FNEA

ED4.6

IP/C

P

deve

lop m

echa

nisim

s to r

espo

nd to

PFN

need

s to d

evelo

p cap

acity

FNEA

ED, a

s de

lsire

d by

FNIP

?CP

4.4b

Resp

onsib

ility t

o es

tabl

ish st

anda

rds f

or P

FN to

deli

ver

curri

culu

m an

d ex

amin

atio

ns n

eces

sary

to m

eet g

radu

atio

n re

quirm

emen

tsFN

EAED

IP/C

P

FNEA

EDIP

/CP

4.4c

Resp

onsib

ility f

or th

e dev

elopm

ent a

nd p

rovis

ion

of a

Teac

her

Certi

ficat

ion

Proc

ess f

or p

erso

ns w

ho te

ach

in th

e Edu

catio

n sy

stem

ope

rate

d by

the P

FN (e

xclu

ding

thos

e per

sons

who

tea

ch

PFN

langu

age a

nd cu

lture

)

FNEA

EDIP

/CP

deve

lop an

d pro

vide f

ro a

teach

er C

ertifi

catio

n Pro

cess

for t

each

ers

who t

each

in th

e Edu

catio

n sys

tme o

p[era

ted by

the P

FNFN

EAED

4.4 d

IP/C

P

4.4d

Resp

onsib

ility f

or th

e dev

elopm

ent a

nd p

rovis

ion

of a

Teac

her

Certi

ficat

ion

Proc

ess f

or p

erso

ns w

ho te

ach

the l

angu

age a

nd

cultu

re o

f a P

FN in

the E

duca

tion

syst

em o

pera

ted

by th

e PFN

FNEA

If req

ueste

d by

the P

FN,

ED4.4

cIP

/CP

deve

lop an

d pro

vide m

echa

nism

for a

Teac

her C

ertifi

catio

n Pro

cess

for

perso

ns w

ho te

ach t

he la

ngua

ge an

d cult

ure o

f a P

FN in

the

Educ

ation

syste

m op

erate

d by t

he P

FNFN

EAED

IP/C

P

4.4e

Resp

onsib

ility f

or th

e dev

elopm

ent a

nd p

rovis

ion

of th

e ce

rtific

atio

n of

scho

ols o

pera

ted

fy th

e PFN

FN

EA

deve

lop an

d pro

vide a

mec

hanis

m for

the c

ertifi

catio

n of s

choo

ls op

erate

d by t

he P

FNFN

EAED

IP/C

P

CP:

Clos

ing P

lan

IP:

Imple

men

tatio

n Pl

an

ED:

Effe

ctive

Dat

e

Schedule D

With

out P

reju

dice

For D

iscus

sion

Purp

oses

Onl

ySc

hedu

le D

Shee

t 8 o

f 17

Educ

atio

n Ag

reem

ent

Para

grap

h Re

fere

nce

Oblig

atio

n/Ac

tivity

Resp

onsib

le Pa

rties

Tim

ing

Relat

ed

Prov

ision

sIP

/CP

Doc

Req'd

Note

s

Law making

Communi-cation

4.4f

Cons

ult w

ith B

C on

stan

dard

s app

licab

le to

Edu

catio

n de

liver

ed

by th

e PFN

for c

urric

ulum

and

exam

inat

ion

for c

ours

es n

eede

d fo

r gra

duat

ion

requ

irmen

tsFN

EAED

IP/C

P

Consult

discu

ss w

ith B

C the

stan

dard

s app

licab

le to

Educ

ation

deliv

ered

by

the P

FN fo

r cur

riculu

m an

d exa

mina

tion f

or co

urse

s nee

ded f

or

grad

uatio

n req

uirme

ntsFN

EAED

IP/C

P

4.6

Abilit

y to

mak

e law

s in

resp

ect o

f sta

ndar

ds fo

r cur

ricul

um an

d ex

amin

atio

ns an

d ce

rtific

atio

n of

teac

hers

and

certi

ficat

ion

of

scho

ols f

ollo

wing

sign

ing

of an

Edu

catio

n Co

-man

agem

ent

Agre

emen

t ent

ered

into

with

the F

irst N

atio

n Ed

ucat

ion

Auth

ority

PFN

ED4.4

, 4.5

IP/C

P

nego

tiate

an E

duca

tion C

o-ma

nage

ment

Agre

emen

t in th

e are

as lis

ted

unde

r 4.5

a) -

c) tha

t con

tains

mec

hanis

ms fo

r 4.6

a)-e

)FN

EA/P

FNED

estab

lish s

tanda

rds f

or P

artic

ipatin

g Firs

t Nati

on to

deliv

er cu

rricu

lum

and e

xami

natio

ns ne

cess

ary t

o mee

t gra

duati

on re

quirm

emen

tsFN

EA/P

FNED

IP/C

P

deve

lop, m

aintai

n and

prov

ide a

proc

ess f

or T

each

er C

ertifi

catio

n oth

er th

an fo

r tea

cher

s tea

ching

lang

uage

and c

ultur

e in t

he E

duca

tion

syste

m op

erate

d by t

he P

artic

ipatin

g Firs

t Nati

onFN

EA/P

FNED

IP/C

P

deve

lop an

d main

tain s

tanda

rds f

or th

e cer

tifica

tion o

f sch

ools

oper

ated b

y the

Par

ticipa

ting F

irst N

ation

FNEA

/PFN

EDIP

/CP

incor

pora

te su

bject

matte

rs in

4.5 (a

) - (c

) tha

t hav

e bee

n dev

elope

d by

Firs

t Nati

ons E

duca

tion A

uthor

ity in

the F

irst N

ation

Edu

catio

n Law

FNEA

/PFN

EDIP

/CP

EDIP

/CP

5.1Ma

inta

in a

publ

ic re

gist

ry o

f Firs

t Nat

ion

Educ

atio

n La

ws; a

nd

prov

ide C

anad

a and

Brit

ish C

olum

bia w

ith co

pies

of F

irst N

atio

n Ed

ucat

ion

Laws

FNC

EDIP

/CP

create

a pu

blic r

egist

ry of

First

Natio

n Edu

catio

n Law

s in t

he E

nglis

h lan

guag

ePF

NED

IP/C

P

Regi

stry

, Enf

orce

men

t and

Adj

udica

tion

CP:

Clos

ing P

lan

IP:

Imple

men

tatio

n Pl

an

ED:

Effe

ctive

Dat

e

Schedule D

With

out P

reju

dice

For D

iscus

sion

Purp

oses

Onl

ySc

hedu

le D

Shee

t 9 o

f 17

Educ

atio

n Ag

reem

ent

Para

grap

h Re

fere

nce

Oblig

atio

n/Ac

tivity

Resp

onsib

le Pa

rties

Tim

ing

Relat

ed

Prov

ision

sIP

/CP

Doc

Req'd

Note

s

Law making

Communi-cation

if des

ired b

y the

Par

ticipa

ting F

irst N

ation

crea

te a p

ublic

regis

try of

Fir

st Na

tion E

duca

tion L

aws i

n the

Par

ticipa

ting F

irst N

ation

lang

uage

, the

Eng

lish v

ersio

n bein

g defi

nitive

PFN

EDIP

/CP

prov

ide co

pies o

f the F

irst N

ation

Edu

catio

n Law

s in t

he E

nglis

h and

Fir

st Na

tion l

angu

age (

if ava

ilable

) to

Cana

da an

d BC

PFN

as so

on as

pr

actic

able

after

enac

tedIP

/CP

5.2Es

tabl

ish p

roce

sses

for a

ppea

l or r

eview

of a

dmin

istra

tive

decis

ions

take

n by

the F

irst N

atio

n Co

uncil

or a

Com

mun

ity

Educ

atio

n Au

thor

ityFN

CED

IP/C

P

deve

lop a

proc

ess f

or th

e app

eal o

r rev

iew of

admi

nistra

tive d

ecisi

ons

taken

by th

e Firs

t Nati

ons C

ounc

il or t

he C

ommu

nity E

duca

tion

Autho

rityPF

Npr

ior to

the

EDCP

deve

lop a

proc

ess f

or th

e app

eal o

r rev

iew of

admi

nistra

tive d

ecisi

ons

taken

by th

e Firs

t Nati

ons C

ounc

il or t

he C

ommu

nity E

duca

tion

Autho

rityPF

NED

IP

5.5Ab

ility t

o pr

ovid

e for

the i

mpo

sitio

n of

pen

alties

, inclu

ding

fine

s, re

stitu

tion,

and

impr

isonm

ent f

or th

e vio

latio

n of

Firs

t Nat

ion

Educ

atio

n La

wsFN

Cas

desir

ed

after

the E

DIP

deve

lop pe

naltie

s, inc

luding

fines

, res

titutio

n and

impr

isonm

ent fo

r the

vio

lation

of F

irst N

ation

Edu

catio

n Law

s with

in the

limits

set o

ut for

su

mmar

y con

victio

n offe

nces

in th

e Crim

inal C

ode

PFN

as de

sired

aft

er th

e ED

IP

5.6Ab

ility t

o ad

opt f

eder

al or

pro

vincia

l laws

in re

spec

t of m

atte

rs

with

in th

e law

mak

ing

auth

ority

set o

ut in

this

Agre

emen

tFN

Cas

desir

ed

after

the E

DIP

revie

w an

d ado

pt fe

dera

l or p

rovin

cial la

ws in

resp

ect o

f matt

ers w

ithin

the P

artic

ipatin

g Firs

t Nati

on Ju

risdic

tion s

et ou

t in th

e Can

ada F

irst

natio

n Edu

catio

n Jur

isdict

ion A

gree

ment

PFN

as de

sired

aft

er th

e ED

IP

5.7Ab

ility o

f the

Firs

t Nat

ion

Educ

atio

n La

ws to

pro

vide f

or th

e ap

poin

tmen

t of e

nfor

cem

ent o

fficia

ls to

enfo

rce F

irst N

atio

n Ed

ucat

ion

Laws

FNC

as de

sired

aft

er th

e ED

2.13,

5.8, 5

.9IP

CP:

Clos

ing P

lan

IP:

Imple

men

tatio

n Pl

an

ED:

Effe

ctive

Dat

e

Schedule D

With

out P

reju

dice

For D

iscus

sion

Purp

oses

Onl

ySc

hedu

le D

Shee

t 10 o

f 17

Educ

atio

n Ag

reem

ent

Para

grap

h Re

fere

nce

Oblig

atio

n/Ac

tivity

Resp

onsib

le Pa

rties

Tim

ing

Relat

ed

Prov

ision

sIP

/CP

Doc

Req'd

Note

s

Law making

Communi-cation

decid

e whe

ther t

o pro

vide f

or th

e app

ointm

ent o

f enfo

rceme

nt off

icials

to

enfor

ce F

irst N

ation

Edu

catio

n Law

sFN

Cas

desir

ed

after

the E

DIP

if dec

ision

is to

prov

ide fo

r the

appo

intme

net o

f enfo

rceme

nt off

icials

to

enfor

ce F

irst N

ation

Edu

catio

n Law

s, pr

ovide

powe

rs of

enco

rceme

nt co

mpar

able

to tho

se pr

ovide

d by f

eder

al or

prov

incial

laws

for o

fficer

s en

forcin

g sim

ilar la

ws

FNC

as de

sired

aft

er th

e ED

IP

5.9En

sure

enfo

rcem

ent o

fficia

ls ar

e tra

ined

and

ther

e is a

pro

cedu

re

esta

blish

ed fo

r res

pond

ing

to co

mpl

aints

again

st en

forc

emen

t of

ficial

sFN

Cif r

equir

ed

after

the E

D5.7

IP

requ

ire en

force

ment

offici

als ar

e app

ropr

iately

train

ed to

carry

out th

eir

dutie

s hav

ing re

gard

to tr

aining

requ

ireme

nts fo

r othe

r enfo

rceme

nt off

icers

carry

ing ou

t sim

ilar d

uties

in B

ritish

Colu

mbia

FNC

if req

uired

aft

er th

e ED

5.7IP

estab

lish p

roce

dure

s for

resp

ondin

g to c

ompla

ints a

gains

t en

force

ment

offici

alsFN

Cif r

equir

ed

after

the E

D5.7

IP

5.14a

Abilit

y to

reta

in it

s own

pro

secu

tor;

ente

r int

o an

agre

emen

t with

Ca

nada

to ar

rang

e for

a fe

dera

l age

nt to

pro

secu

te th

ese

offe

nces

; or e

nter

into

an ag

reem

ent w

ith C

anad

a and

the

prov

ince

to ar

rang

e for

a pr

ovin

cial p

rose

cuto

r for

the p

urpo

se o

f pr

osec

utin

g of

fenc

e

PFN

as de

sired

aft

er th

e ED

choo

se to

retai

n its

own p

rose

cutor

, ente

r into

an ag

reem

ent w

ith

Cana

da to

aran

ge fo

r a fe

dera

l age

nt to

pros

ecute

offen

ces,

or en

ter

into a

n agr

eeme

nt wi

th Ca

nada

and t

he pr

ovinc

e to a

rrang

e for

a pr

ovinc

ial pr

osec

utor

PFN

as de

sired

aft

er th

e ED

Fina

ncial

Arra

ngem

ents

CP:

Clos

ing P

lan

IP:

Imple

men

tatio

n Pl

an

ED:

Effe

ctive

Dat

e

Schedule D

With

out P

reju

dice

For D

iscus

sion

Purp

oses

Onl

ySc

hedu

le D

Shee

t 11 o

f 17

Educ

atio

n Ag

reem

ent

Para

grap

h Re

fere

nce

Oblig

atio

n/Ac

tivity

Resp

onsib

le Pa

rties

Tim

ing

Relat

ed

Prov

ision

sIP

/CP

Doc

Req'd

Note

s

Law making

Communi-cation

7.1N

egot

iate

and

atte

mpt

to re

ach

agre

emen

t with

the

Part

icip

atin

g Fi

rst N

atio

n to

sup

port

one

-tim

e tr

ansi

tion

activ

ities

Cana

da

PF

NPr

ior to

sig

ning

CP

discu

ss th

e acti

vities

of th

e dev

elopm

ent o

f Firs

t Nati

on E

duca

tion

Laws

base

d on t

empla

te law

s dev

elope

d by F

NEA,

estab

lishe

ment

of a C

ommu

nity E

duca

tion A

uthor

ity, s

ystem

s tra

nsitio

n and

othe

r agr

eed-

to ma

tters

Cana

da

PF

NPr

ior to

sig

ning

CP

reac

h agr

eeme

nt on

supp

ort

Cana

da

PF

NPr

ior to

sig

ning

CP

7.2

Prov

ide

agre

ed u

pon

one-

time

tran

sitio

n fu

ndin

g to

th

e Pa

rtic

ipat

ing

Firs

t Nat

ion

as s

oon

as p

ract

icab

le

follo

win

g ra

tific

atio

n of

this

Agr

eem

ent b

y th

e Pa

rtic

ipat

ing

Firs

t Nat

ion

Cana

da

as so

on as

pr

actic

able

follow

ing

ratifi

catio

n of

agre

emen

t by

PFN

CP

enter

into

a fun

ding a

gree

ment

to pr

ovide

agre

ed-u

pon o

ne-tim

e tra

nsitio

n fun

ding

Cana

da/ P

FN

as so

on as

pr

actic

able

follow

ing

ratifi

catio

n of

agre

emen

t by

PFN

CP

7.3Ne

gotia

te an

d at

tem

pt to

reac

h ag

reem

ent o

n an

Edu

catio

n Ju

risdi

ctio

n Fu

ndin

g Ag

reem

ent

Cana

da

PF

N

Ever

y 5

year

s or

other

time

perio

ds as

ag

reed

IP/C

P

comm

ence

and c

onclu

de ne

gotia

tions

on an

educ

ation

fund

ing

agre

emen

t Ca

nada

PFN

Ever

y 5

year

s or

other

time

perio

ds as

ag

reed

IP/C

P

Fina

ncial

Tra

nsfe

r

CP:

Clos

ing P

lan

IP:

Imple

men

tatio

n Pl

an

ED:

Effe

ctive

Dat

e

Schedule D

With

out P

reju

dice

For D

iscus

sion

Purp

oses

Onl

ySc

hedu

le D

Shee

t 12 o

f 17

Educ

atio

n Ag

reem

ent

Para

grap

h Re

fere

nce

Oblig

atio

n/Ac

tivity

Resp

onsib

le Pa

rties

Tim

ing

Relat

ed

Prov

ision

sIP

/CP

Doc

Req'd

Note

s

Law making

Communi-cation

7.4Ta

ke in

to ac

coun

t ite

ms a

-k in

neg

otiat

ing

an E

duca

tion

Juris

dict

ion

Fund

ing

Agre

emen

tCa

nada

PFN

in ne

gotia

ting

an E

duc

Juris

d Fu

nding

Ag

ree

IP/C

P

acco

unt fo

r the

items

in pa

ragr

aph 7

.4 (a

) -(k)

in ne

gotia

ting E

duca

tion

Juris

dictio

n Fun

ding A

gree

ments

Cana

da

PF

N

in the

ne

gotia

tion

of the

first

Ed

Juris

d Fu

nding

Ag

ree

IP/C

P

7.5Ta

ke in

to ac

coun

t in

the f

irst E

duca

tion

Juris

dict

ion

Agre

emen

t th

e add

ition

al ite

ms o

f sta

rt up

cost

s of o

pera

ting

a Com

mun

ity

Educ

atio

n Au

thor

ity an

d th

e dev

elopm

ent o

f inf

orm

atio

n sy

stem

s

Cana

da

PF

N

in the

ne

gotia

tion

of the

first

Ed

Juris

d Fu

nding

Ag

ree

IP/C

P

Disc

uss a

nd ta

ke in

to ac

coun

t the s

tart u

p cos

ts of

oper

ating

a Co

mmun

ity E

duca

tion A

uthor

ity an

d the

deve

lopme

nt of

infor

matio

n sy

stems

in th

e neg

otiati

on of

the f

irst E

duca

tion J

urisd

iction

Fun

ding

Agre

emen

t with

each

PFN

Cana

da

PF

N

in the

ne

gotia

tion

of the

first

Ed

Juris

d Fu

nding

Ag

ree

IP/C

P

7.6Se

t out

pro

cedu

res f

or it

ems a

-g w

hen

nego

tiatin

g th

e Edu

catio

n Ju

risdi

ctio

n Fu

ndin

g Ag

reem

ent

Cana

da

PF

NIP

/CP

discu

ss an

d agr

ee to

proc

edur

es fo

r (Lis

t a-g

)Ca

nada

PFN

IP/C

P

Seni

or O

fficia

ls

CP:

Clos

ing P

lan

IP:

Imple

men

tatio

n Pl

an

ED:

Effe

ctive

Dat

e

Schedule D

With

out P

reju

dice

For D

iscus

sion

Purp

oses

Onl

ySc

hedu

le D

Shee

t 13 o

f 17

Educ

atio

n Ag

reem

ent

Para

grap

h Re

fere

nce

Oblig

atio

n/Ac

tivity

Resp

onsib

le Pa

rties

Tim

ing

Relat

ed

Prov

ision

sIP

/CP

Doc

Req'd

Note

s

Law making

Communi-cation

8.4De

signa

te a

seni

or o

fficia

l to

mon

itor t

he im

plem

enta

tion

of th

is Ag

reem

ent

Cana

da

PF

NED

IP/C

P

Selec

t sen

ior of

ficial

and n

otify

Cana

da of

its se

lectio

nPF

NIP

/CP

Selec

t sen

ior of

ficial

and n

otify

PFN

of its

selec

tion

Cana

daIP

/CP

8.5

Auth

orize

the s

enio

r offi

cials

to d

iscus

s the

impl

emen

tatio

n of

th

is Ag

reem

ent,

carry

out

a re

view

of th

e im

plem

enta

tion

plan

of

this

Agre

emen

t, an

d pr

ior t

o th

e exp

iry o

f the

impl

emen

tatio

n pl

an, a

dvise

the P

artie

s on

whet

her t

he p

lan sh

ould

be a

men

ded,

re

newe

d or

exte

nded

Cana

da

PF

Nas

desir

ed

after

the E

DIP

/CP

discu

ss th

e imp

lemen

tation

of th

e Can

ada-

First

Natio

n Edu

catio

n Ju

risdis

tion A

gree

ment

senio

r offic

ials

as de

sired

aft

er th

e ED

IP/C

P

agre

e on t

erms

of re

feren

ce of

and c

arry

out a

revie

w of

the

imple

menta

tion p

lan of

the C

anad

a-Fir

st Na

tion E

duca

tion J

urisd

iction

Ag

reem

ent

senio

r offic

ials

prior

to th

e ex

piry o

f the

Im

pleme

ntati

on P

lan

IP/C

P

advis

e the

Par

ties o

n whe

ther t

he im

pleme

ntatio

n plan

shou

ld be

am

ende

d, re

viewe

d or e

xtend

edse

nior o

fficial

s

prior

to th

e ex

piry o

f the

Im

pleme

ntati

on P

lan

IP/C

P

8.6Ab

ility t

o de

signa

te an

indi

vidua

l to

parti

cipat

e and

repr

esen

t the

Pa

rticip

atin

g Fi

rst N

atio

n in

a re

gion

al or

pro

vince

-wid

e im

plem

enta

tion

work

ing

com

mitt

eePF

N/Ca

nada

If a re

giona

l or

prov

ince-

wide

im

pleme

ntati

on w

orkin

g co

mmitte

e is

estab

lishe

d

CP:

Clos

ing P

lan

IP:

Imple

men

tatio

n Pl

an

ED:

Effe

ctive

Dat

e

Schedule D

With

out P

reju

dice

For D

iscus

sion

Purp

oses

Onl

ySc

hedu

le D

Shee

t 14 o

f 17

Educ

atio

n Ag

reem

ent

Para

grap

h Re

fere

nce

Oblig

atio

n/Ac

tivity

Resp

onsib

le Pa

rties

Tim

ing

Relat

ed

Prov

ision

sIP

/CP

Doc

Req'd

Note

s

Law making

Communi-cation

estab

lish a

regio

nal o

r pro

vince

-wide

imple

menta

tion w

orkin

g co

mmitte

eCa

nada

as de

sired

aft

er th

e ED

make

decis

ion w

hethe

r or n

ot to

desig

nate

an in

dividu

al to

partic

ipate

in the

regio

nal o

r pro

vince

-wide

imple

menta

tion w

orkin

g com

mitte

ePF

N

If a re

giona

l or

prov

ince-

wide

im

pleme

ntati

on w

orkin

g co

mmitte

e is

estab

lishe

d

infor

m Ca

nada

of de

signa

tePF

Nif P

FN

partic

ipates

???

TBD

10.1

Info

rm it

s mem

bers

of t

heir

right

to p

artic

ipat

e in

the a

ppro

val

proc

ess a

nd th

e man

ner i

n wh

ich th

at ri

ght c

an b

e exe

rcise

d, th

e co

nten

t of t

he F

irst N

atio

n Ed

ucat

ion

Law

Makin

g Pr

otoc

ol an

d th

e con

tent

of t

he C

anad

a Firs

t Nat

ion

Educ

atio

n Ju

risdi

ctio

n Ag

reem

entt

PFN

Prior

to

ratifi

catio

n vo

teCP

deve

lop a

proc

ess t

o info

rm its

mem

bers

of the

ir righ

t to pa

rticipa

te in

the ap

prov

al pr

oces

s and

how

their r

ight to

partic

ipate

can b

e es

xcer

cised

PFN

Prior

to

ratifi

catio

n vo

teCP

deve

lop a

proc

ess t

o info

rm its

mem

ber s

o the

conte

nt of

the F

irst

Natio

n Edu

catio

n Law

Mak

ing P

rotoc

ol an

d the

conte

nt of

the C

anad

a Fir

st Na

tion E

duca

tion J

urisd

iction

Agr

eeme

ntPF

NPr

ior to

ra

tifica

tion

vote

CP

Imple

ment

these

proc

esse

sPF

NPr

ior to

ra

tifica

tion

vote

CP

Ratif

icatio

n

Disp

ute R

esol

utio

n

CP:

Clos

ing P

lan

IP:

Imple

men

tatio

n Pl

an

ED:

Effe

ctive

Dat

e

Schedule D

With

out P

reju

dice

For D

iscus

sion

Purp

oses

Onl

ySc

hedu

le D

Shee

t 15 o

f 17

Educ

atio

n Ag

reem

ent

Para

grap

h Re

fere

nce

Oblig

atio

n/Ac

tivity

Resp

onsib

le Pa

rties

Tim

ing

Relat

ed

Prov

ision

sIP

/CP

Doc

Req'd

Note

s

Law making

Communi-cation

10.2

Requ

irem

ents

for r

atifi

catio

n of

the C

anad

a Firs

t Nat

ion

Educ

atio

n Ju

risdi

ctio

n Ag

reem

ent a

nd th

e Firs

t Nat

ion

Law

mak

ing

Prot

ocol

by t

he P

artic

ipat

ing

Firs

t Nat

ion

PFN/

FNC

prior

to

signin

gCP

deter

mine

votin

g day

(day

s) by

Firs

t Nati

on C

ounc

il res

olutio

nFN

CPr

ior to

ra

tifica

tion

vote

CP

prov

ide fo

r a vo

te by

secre

t ball

ot PF

NPr

ior to

ra

tifica

tion

vote

CP

a suc

cess

ful vo

te is

achie

ved i

f fifty

(50%

) per

cent

plus o

ne (1

) of th

e Me

mber

s who

have

cast

a ball

ot vo

te in

favor

of th

e Can

ada F

irst

Natio

n Edu

catio

n Jur

isdict

ion A

gree

ment

and i

f fifty

(50%

) per

cent

plus o

ne (1

) of th

e Mem

bers

who h

ave c

ast a

ballo

t vote

to ad

opt th

e Fir

st Na

tion E

duca

tion L

aw M

aking

Pro

tocol

PFN

Prior

to

ratifi

catio

n vo

te10

.3CP

Make

know

n the

resu

lts of

the v

ote to

Can

ada

PFN

As so

on as

pr

actic

able

after

ra

tifica

tion

vote

CP

Sign

the C

anad

a Firs

t Nati

on E

duca

tion A

gree

ment

and t

he F

irst

Natio

n Edu

catio

n Law

Mak

ing P

rotoc

ol

autho

rized

re

pres

entat

ive

of PF

N

As de

sired

aft

er th

e ra

tifica

tion

vote

CP

10.3

Abilit

y to

incr

ease

the m

inim

um p

erce

ntag

e req

uire

d fo

r app

rova

l of

the C

anad

a Firs

t Nat

ion

Educ

atio

n Ju

risdi

ctio

n Ag

reem

ent a

nd

the F

irst N

atio

n Ed

ucat

ion

Law

Makin

g Pr

otoc

olPF

N/FN

CPr

ior to

sig

ning

10.2

(a)

CPNN

: is t

he re

feren

ce to

the

perce

ntage

in 10

.2(b)

co

rrect?

CP:

Clos

ing P

lan

IP:

Imple

men

tatio

n Pl

an

ED:

Effe

ctive

Dat

e

Schedule D

With

out P

reju

dice

For D

iscus

sion

Purp

oses

Onl

ySc

hedu

le D

Shee

t 16 o

f 17

Educ

atio

n Ag

reem

ent

Para

grap

h Re

fere

nce

Oblig

atio

n/Ac

tivity

Resp

onsib

le Pa

rties

Tim

ing

Relat

ed

Prov

ision

sIP

/CP

Doc

Req'd

Note

s

Law making

Communi-cation

pass

a Fir

st Na

tion C

ounc

il res

olutio

n to i

ncre

ase t

he m

inimu

m pe

rcenta

ge re

quire

d for

appr

oval

of the

Can

ada F

irst N

ation

Edu

catio

n Ju

risdic

tion A

gree

ment

and t

he F

irst N

ation

Edu

catio

n Law

Mak

ing

Proto

col

FNC

Prior

to

signin

gCP

infor

m Ca

nada

of m

inimu

m pe

rcenta

ge in

creas

eFN

CPr

ior to

sig

ning

CP

10.4

Ratif

icatio

n of

the C

anad

a Firs

t Nat

ion

Educ

atio

n Ju

risdi

ctio

n Ag

reem

ent b

y Can

ada

Cana

da

follow

ing

PFN

ratifi

catio

n of

the C

FNEJ

A an

d FN

ELMP

10.5

CP

Sign

ing of

the C

anad

a Firs

t Nati

on E

duca

tion J

urisd

iction

Agr

eeme

nt by

an au

thoriz

ed M

iniste

rCa

nada

CP

Fede

ral C

abine

t pas

s Ord

er in

Cou

ncil a

dding

the P

artic

ipatin

g Firs

t Na

tion t

o a S

ched

ule of

the F

eder

al En

ablin

g Leg

islati

onCa

nada

CP

10.6

Prov

ision

of a

one

-tim

e pay

men

t to

offs

et P

artic

ipat

ing

Firs

t Na

tion

cost

s in

carry

ing

out i

ts ra

tifica

tion

proc

ess

Cana

da

Prior

to

come

ncem

ent

of PF

N Ra

tifica

tion

CPNN

: Tim

ing of

paym

ent is

not m

entio

ned i

n the

pr

ovisi

on

agre

e on r

atific

ation

activ

ites a

nd co

stsCa

nada

PFN

Prior

to

come

ncem

ent

of PF

N Ra

tifica

tion

CP

prov

ide on

e tim

e pay

ment

Cana

da

Prior

to

come

ncem

ent

of PF

N Ra

tifica

tion

CP

Acce

ss to

Ot

her

Prog

ram

s

CP:

Clos

ing P

lan

IP:

Imple

men

tatio

n Pl

an

ED:

Effe

ctive

Dat

e

Schedule D

With

out P

reju

dice

For D

iscus

sion

Purp

oses

Onl

ySc

hedu

le D

Shee

t 17 o

f 17

Educ

atio

n Ag

reem

ent

Para

grap

h Re

fere

nce

Oblig

atio

n/Ac

tivity

Resp

onsib

le Pa

rties

Tim

ing

Relat

ed

Prov

ision

sIP

/CP

Doc

Req'd

Note

s

Law making

Communi-cation

TBD

Amen

dmen

t

TBD

CP:

Clos

ing P

lan

IP:

Imple

men

tatio

n Pl

an

ED:

Effe

ctive

Dat

e

Schedule D

First Nations Education Steering Committee113 - 100 Park Royal SouthWest Vancouver, BC V7T 1A2

Toll Free in BC: 1-877-422-3672Tel: 604-925-6087 Fax: 604-925-6097

www.fnesc.ca