C-61 1 42 64-65-66 Elizabeth II 2015-2016-2017

An Act to give effect to the Anishinabek Nation Education Agreement and to make consequential amendments to other Acts

Anishinabek Nation Education Agreement Act

Anishinabek Nation Education Agreement Act 2017 12 14 32 2017 90855

SUMMARY

This enactment gives effect to the Anishinabek Nation Education Agreement and makes consequential amendments to other Acts.

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

Short Title

Short title

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

Interpretation

Definitions

The following

definitions apply in this Act.

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

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

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

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

First Nation law means a law made under

section 7 . ( texte législatif autochtone )

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

student has the same meaning as in

section 1.1 of the Agreement. ( élève )

Agreement prevails

(1) In the event of an inconsistency or conflict between the Agreement and the provisions of any Act of Parliament, or of any regulation made under

an Act of Parliament, the Agreement prevails to the extent of the conflict or inconsistency.

Act prevails

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

Agreement

Application of Act

This Act applies to every participating First Nation.

Agreement given effect

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

For greater certainty

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

Not a treaty

The Agreement is not a treaty within the meaning of

section 35 of the Constitution Act, 1982 .

First Nation laws

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

Education

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

Transferability

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

Kinoomaadziwin Education Body

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

Powers, duties, etc.

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

Regional Education Council

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

Powers, duties, etc.

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

Local Education Authority

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

Powers, duties, etc.

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

General

Indian Act

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

Judicial notice — First Nation laws

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

Evidence

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

Statutory Instruments Act

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

Regulations and Orders

Regulations and orders

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

Amendment of

Schedule

Addition of name of participating First Nation

(1) The Governor in Council may, by order, add the name of any First Nation to the

schedule if he or she is satisfied that the First Nation has, in a manner consistent with the Agreement, ratified the Agreement and has a constitution.

Amendment or removal

(2) The Governor in Council may, by order, amend the

schedule to amend or remove the name of a participating First Nation if he or she is satisfied that consent to the amendment or removal was obtained in a manner consistent with the Agreement.

Consequential Amendments

R.S., c. A-1

Access to Information Act

Subsection 13(3) of the Access to Information Act is amended by striking out “or” at the end of paragraph (g), by adding “or” at the end of paragraph (

h) and by adding the following after paragraph (h):

(

i) the council of a participating First Nation , as defined in

section 2 of the Anishinabek Nation Education Agreement Act .

R.S., c. P-21

Privacy Act

2006, c. 10, s. 33(1)

(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 any of its institutions 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 council of a participating First Nation as defined in

section 2 of the Anishinabek Nation Education Agreement 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 organization, 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 “or” at the end of paragraph (g), by adding “or” at the end of paragraph (

h) and by adding the following after paragraph (h):

(

i) the council of a participating First Nation as defined in

section 2 of the Anishinabek Nation Education Agreement Act .

Coordinating Amendments

2013, c. 25

(1) In this section, other Act means the Yale First Nation Final Agreement Act .

(2) section 20 of the other Act comes into force before

section 17 of this Act, then that

section 17 is replaced by the following:

Subsection 13(3) of the Access to Information Act is amended by striking out “or” at the end of paragraph (h), by adding “or” at the end of paragraph (

i) and by adding the following after paragraph (i):

(

j) the council of a participating First Nation as defined in

section 2 of the Anishinabek Nation Education Agreement Act .

(3) section 17 of this Act comes into force before

section 20 of the other Act, then that

section 20 is replaced by the following:

Subsection 13(3) of the Access to Information Act is amended by striking out “or” at the end of paragraph (h), by adding “or” at the end of paragraph (

i) and by adding the following after paragraph (i):

(

j) the Yale First Nation Government , within the meaning of subsection 2(2) of the Yale First Nation Final Agreement Act .

(4) section 20 of the other Act comes into force on the same day as

section 17 of this Act, then that

section 20 is deemed to have come into force before that

section 17 and subsection (2) applies as a consequence.

(5) section 23 of the other Act comes into force before subsection 18 (2) of this Act, then that subsection 18 (2) is replaced by the following:

(2) Subsection 8(7) of the Act is amended by striking out “or” at the end of paragraph (h), by adding “or” at the end of paragraph (

i) and by adding the following after paragraph (i):

(

j) the council of a participating First Nation as defined in

section 2 of the Anishinabek Nation Education Agreement Act .

(6) If subsection 18 (2) of this Act comes into force before

section 23 of the other Act, then that

section 23 is replaced by the following:

Subsection 8(7) of the Privacy Act is amended by striking out “or” at the end of paragraph (h), by adding “or’’ at the end of paragraph (

i) and by adding the following after paragraph (i):

(

j) the Yale First Nation Government , within the meaning of subsection 2(2) of the Yale First Nation Final Agreement Act .

(7) section 23 of the other Act comes into force on the same day as subsection 18 (2) of this Act, then that

section 23 is deemed to have come into force before that subsection 18 (2) and subsection (5) applies as a consequence.

Coming into Force

April 1, 2018

This Act, other than

section 19 , comes into force on April 1, 2018.

SCHEDULE (Sections 2 and 16 )

Participating First Nations

Aamjiwnaang First Nation Première Nation Aamjiwnaang Atikameksheng Anishnawbek Première Nation anishinabe Atikameksheng Aundeck Omni Kaning First Nation Première Nation Aundeck Omni Kaning Beausoleil First Nation Première Nation Beausoleil Biigtigong Nishnaabeg Première Nation anishinabe Biigtigong Biinjitiwaabik Zaaging Anishinaabek Première Nation anishinabe Biinjitiwaabik Zaaging Chippewas of Georgina Island Première Nation des Chippewas de l’île Georgina Chippewas of Rama First Nation Première Nation des Chippewas de Rama Dokis First Nation Première Nation Dokis Henvey Inlet First Nation Première Nation Henvey Inlet Long Lake #58 First Nation Première Nation Long Lake n o 58 Magnetawan First Nation Première Nation Magnetawan Michipicoten First Nation Première Nation Michipicoten Mississaugas of Scugog Island First Nation Première Nation des Mississaugas de l’île Scugog Moose Deer Point First Nation Première Nation Moose Deer Point Munsee-Delaware Nation Nation des Munsees-Delawares Nipissing First Nation Première Nation Nipissing Pic Mobert First Nation Première Nation Pic Mobert Sheshegwaning First Nation Première Nation Sheshegwaning Wahnapitae First Nation Première Nation Wahnapitae Wasauksing First Nation Première Nation Wasauksing Whitefish River First Nation Première Nation de la rivière Whitefish Zhiibaahaasing First Nation Première Nation Zhiibaahaasing