Marginal note:Delegation

20. The Authority may exercise the jurisdiction over education that is delegated to it by a participating First Nation in accordance with an individual agreement.

Marginal note:Other First Nations

• 21. (1) The board of directors may authorize the Authority to enter into agreements in respect of education with any First Nation in British Columbia other than a participating First Nation if that First Nation has entered into a comprehensive self-government agreement, a treaty or a land claims agreement, providing for jurisdiction over education.

• Marginal note:Agreements with other First Nations

  (2) If the Authority has been authorized by the board of directors to enter into agreements under subsection (1), the Authority may, if requested by a First Nation described in subsection (1) and in accordance with a comprehensive self-government agreement, a treaty or a land claims agreement, providing for jurisdiction over education, enter into an agreement in respect of education with that First Nation.

• Marginal note:Delegated jurisdiction

  (3) If the Authority has entered into an agreement with a First Nation under subsection (2), the Authority shall exercise the jurisdiction over education that is delegated to it by that First Nation in British Columbia in a manner consistent with subsection 19(2).

• Marginal note:Additional directors

  (4) If the Authority has entered into an agreement with a First Nation under subsection (2), that First Nation has the right to appoint two directors to the board of directors, at least one of whom shall be a member of that First Nation. A director holds office at the pleasure of the First Nation that appointed them, but may be removed by the board for cause or for a ground set out in the board’s rules.

• Marginal note:Terms of appointment

  (5) A director appointed under subsection (4) holds office for an initial term of two years and may be reappointed for a second or subsequent term, for a term of appointment fixed by the board of directors.

COMMUNITY EDUCATION AUTHORITY

Marginal note:Establishment

• 22. (1) A participating First Nation may, on its own or jointly with other participating First Nations, establish a Community Education Authority to operate, administer and manage the education system of the participating First Nation on First Nation land in accordance with an individual agreement.

• Marginal note:Powers, rights and duties

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

OTHER ACTS

Marginal note:Indian Act

23. On the coming into force of a First Nation law, sections 114 to 122 of the Indian Act cease to apply to the participating First Nation and its members.

LIABILITY

Marginal note:Participating First Nation not liable

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

• Marginal note:Indemnification of participating First Nation

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

• Marginal note:Her Majesty not liable

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

• Marginal note:Indemnification of Her Majesty

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

MINISTER’S DUTIES AND POWERS

Marginal note:Schools

• 25. (1) The Minister may, in accordance with this Act, establish and maintain schools on First Nation land.

• Marginal note:Deposit of copies

  (2) The Minister shall cause a copy of each individual agreement and of any amendment made to the individual agreement, certified by the Minister to be a true copy, to be deposited in the library of the Department of Indian Affairs and Northern Development situated in the National Capital Region, as described in the schedule to the National Capital Act, and in any regional offices of that Department and other places that the Minister considers advisable.

GENERAL

Marginal note:Judicial notice of individual agreements

26. Judicial notice shall be taken of each individual agreement.

Marginal note:Judicial notice of First Nation laws

• 27. (1) Judicial notice shall be taken of First Nation laws.

• Marginal note:Evidence of First Nation laws

  (2) A copy of a First Nation law purporting to be deposited in the public registry of First Nation laws referred to in an individual agreement is evidence of that law and of its contents, unless the contrary is shown.

Marginal note:Statutory Instruments Act

28. For greater certainty, First Nation laws are not statutory instruments within the meaning of the Statutory Instruments Act.

Marginal note:Federal Courts Act

29. For greater certainty, no body established by this Act or by a First Nation law is a federal board, commission or other tribunal as defined in subsection 2(1) of the Federal Courts Act.

Marginal note:Notice of court or tribunal proceedings

• 30. (1) A party in any proceeding before a court or tribunal shall serve notice in writing on the Attorney General of Canada and the participating First Nation of any issue raised by that party in respect of

  • (a) the interpretation or validity of an individual agreement; or

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

• Marginal note:Content of notice

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

• Marginal note:Attachments

  (3) A notice shall be accompanied by copies of all pleadings and other documents pertaining to the issue that have been filed with the court or tribunal.

• Marginal note:Time of service

  (4) A notice shall be served within seven days after the issue is first raised by a party to the proceeding, whether in the initial pleadings or otherwise, and the issue may not be argued sooner than 14 days after service unless the court or tribunal allows a shorter period.

• Marginal note:Participation in proceedings

  (5) In any proceeding to which subsection (1) applies, the Attorney General of Canada and the participating First Nation may appear and participate with the same rights as any other party.

ORDERS AND REGULATIONS

Marginal note:Orders in council

• 31. (1) The Governor in Council may make orders and regulations that are necessary to implement individual agreements entered into after the day on which this subsection comes into force.

• Marginal note:Regulation- making authority

  (2) The Governor in Council may make regulations to establish standards for buildings and equipment, and the inspection of buildings and equipment, used by schools administered under this Act.

CONSEQUENTIAL AMENDMENTS

R.S., c. A-1Access to Information Act

32. Subsection 13(3) of the Access to Information Act is amended by striking out the word “or” at the end of paragraph (c), by adding the word “or” at the end of paragraph (d) and by adding the following after paragraph (d):

R.S., c. P-21Privacy Act

Marginal note:2004, c. 17, s. 18(1)

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

  • (f) under an agreement or arrangement between the Government of Canada or an institution thereof and the government of a province, the council of the Westbank First Nation, the council of a participating First Nation — as defined in subsection 2(1) of the First Nations Jurisdiction over Education in British Columbia Act —, the government of a foreign state, an international organization of states or an international organization established by the governments of states, or any institution of any such government or organ-ization, for the purpose of administering or enforcing any law or carrying out a lawful investigation;

• (2) Subsection 8(7) of the Act is amended by striking out the word “or” at the end of paragraph (c), by adding the word “or” at the end of paragraph (d) and by adding the following after paragraph (d):

  • (e) the council of a participating First Nation as defined in subsection 2(1) of the First Nations Jurisdiction over Education in British Columbia Act.

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

COMING INTO FORCE

Marginal note:Order in council

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