British Columbia Bill 46 (Government) — 3rd Parliament, 38th Session — Previous Version 3
3-38 Gov Bill 46-3
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2007 Legislative Session: 3rd Session, 38th Parliament
THIRD READING
The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 28th day of November, 2007
Ian D. Izard, Q.C., Law Clerk
HONOURABLE SHIRLEY BOND
MINISTER OF EDUCATION AND DEPUTY PREMIER
AND MINISTER RESPONSIBLE FOR
EARLY LEARNING AND LITERACY
BILL 46 – 2007
FIRST NATIONS EDUCATION ACT
Contents
Section
Definitions
Jurisdiction over education on First Nation land
Consultation
This Act prevails
5-18
Consequential Amendments
Commencement
Preamble
AND
WHEREAS the Province also entered into the British Columbia First Nation Education Agreement with the First Nations Education Steering Committee on July 5, 2006;
THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
Definitions
1 In this Act:
"British Columbia First Nation Education Agreement" means the agreement entered into between the Province and the First Nations Education Steering Committee, dated July 5, 2006;
"education" has the same meaning as in the First Nations Jurisdiction over Education in British Columbia Act (Canada);
"First Nation land" has the same meaning as in the First Nations Jurisdiction over Education in British Columbia Act (Canada);
"First Nation law" has the same meaning as in the First Nations Jurisdiction over Education in British Columbia Act (Canada);
"First Nations Education Authority" has the same meaning as in the First Nations Jurisdiction over Education in British Columbia Act (Canada);
"individual agreement" has the same meaning as in the First Nations Jurisdiction over Education in British Columbia Act (Canada);
"participating First Nation" has the same meaning as in the First Nations Jurisdiction over Education in British Columbia Act (Canada).
Jurisdiction over education on First Nation land
Consultation
3 British Columbia will consult with the First Nations Education Authority in any general consultations respecting a proposed change to education policy, legislation or standards that may materially affect any of the following:
(
a) an education program offered by a participating First Nation;
(
b) assessments, teacher certification, graduation requirements or curriculum;
(
c) any matter related to assessments, teacher certification, graduation requirements or curriculum.
This Act prevails
4 If a provision of this Act is inconsistent or in conflict with a provision of another Act, the provision of this Act prevails.
Consequential Amendments
Final Agreement Consequential Amendments Act, 2007
Section 100 of the Final Agreement Consequential Amendments Act, 2007, is repealed and the following substituted:
Section 1 (1) of the Independent School Act, R.S.B.C. 1996, c. 216, is amended in the definition of "independent school" by striking out " or " at the end of paragraph (
d) and by adding the following paragraph:
(d.1) a school, other than a school operated by a treaty first nation under and in accordance with this Act, operated by a treaty first nation under its own laws, or .
Section 101 is repealed and the following substituted:
Section 19 (1) (
d) is amended by striking out " or " at the end of subparagraph (ii), by adding " or " at the end of subparagraph (iii) and by adding the following subparagraph:
(iv) a school operated by a treaty first nation under its own laws, .
Section 176 is repealed and the following substituted:
Section 25.1 (1) of the Teaching Profession Act, R.S.B.C. 1996, c. 449, is amended by repealing the definition of "aboriginal educator" and substituting the following:
"aboriginal educator" means any of the following:
(
a) a first nation, as defined in the School Act , that is operating an educational institution;
(
b) a Community Education Authority, established by one or more participating First Nations under the First Nations Jurisdiction over Education in British Columbia Act (Canada), that is operating an educational institution;
(
c) a treaty first nation that is operating a school under its own laws; .
Section 177 is repealed and the following substituted:
Section 27.1 (1) is amended by striking out " or " at the end of paragraph (c), by adding " or " at the end of paragraph (d) (ii) and by adding the following paragraph:
(
e) a child participating in a kindergarten to grade 12 program of studies provided by a treaty first nation under its own laws.
Independent School Act
Section 1 (1) of the Independent School Act, R.S.B.C. 1996, c. 216, is amended
(
a) by adding the following
definitions:
"First Nations Education Authority" has the same meaning as in the First Nations Jurisdiction over Education in British Columbia Act (Canada);
"participating First Nation" has the same meaning as in the First Nations Jurisdiction over Education in British Columbia Act (Canada); , and
(
b) in the definition of "independent school" by repealing paragraph (
d) and substituting the following:
(
d) a public school, a Provincial school or a school operated by a participating First Nation or a Community Education Authority established by one or more participating First Nations under the First Nations Jurisdiction over Education in British Columbia Act (Canada), or .
10 The following
section is added:
Agreements with participating First Nations
10.1
(1) In this section, "education" has the same meaning as in the First Nations Jurisdiction over Education in British Columbia Act (Canada).
(2) An authority may enter into an agreement, with respect to matters relating to education, with
(
a) a participating First Nation or a Community Education Authority established by one or more participating First Nations under the First Nations Jurisdiction over Education in British Columbia Act (Canada), or
(
b) the First Nations Education Authority.
Section 19 (1) (
d) is repealed and the following substituted:
(
d) a school operated by
(ii) a first nation, as defined in the School Act , or
(iii) a Community Education Authority established by one or more participating First Nations under the First Nations Jurisdiction over Education in British Columbia Act (Canada), .
School Act
Section 1 (1) of the School Act, R.S.B.C. 1996, c. 412, is amended
(
a) by repealing the definition of "first nation" and substituting the following:
"first nation" means a band, as defined under the Indian Act (Canada), including a participating First Nation, located in British Columbia; , and
(
b) by adding the following
definitions:
"First Nation land" has the same meaning as in the First Nations Jurisdiction over Education in British Columbia Act (Canada);
"First Nations Education Authority" has the same meaning as in the First Nations Jurisdiction over Education in British Columbia Act (Canada);
"participating First Nation" has the same meaning as in the First Nations Jurisdiction over Education in British Columbia Act (Canada); .
Section 3 (3) is repealed and the following substituted:
(3) This
section does not apply if the person
(
a) is attending one of the following:
(
i) an independent school;
(ii) a Provincial school;
(
b) is registered under
section 13.
Section 86 (3) is repealed and the following substituted:
(3) A board may enter into an agreement,
(
a) with respect to the education of Indian children, with
(
i) a council of a band as defined in the Indian Act (Canada), or
(
b) with respect to matters relating to education, with
(
i) a participating First Nation or a Community Education Authority established by one or more participating First Nations under the First Nations Jurisdiction over Education in British Columbia Act (Canada), or
(ii) the First Nations Education Authority.
(3.01) In subsection (3) (b), "education" has the same meaning as in the First Nations Jurisdiction over Education in British Columbia Act (Canada).
Section 168 (6) is amended by adding the following paragraph:
(
c) a British Columbia Certificate of Graduation or a British Columbia Adult Graduation Diploma to a person who is engaged in a program of studies at an educational institution operated on First Nation land by a participating First Nation or a Community Education Authority established by one or more participating First Nations under the First Nations Jurisdiction over Education in British Columbia Act (Canada), if the minister is satisfied that the person
(
i) has completed a program of studies at the grade 12 level at the educational institution, and
(ii) has achieved learning outcomes substantially similar to the learning outcomes necessary to meet the general requirements for graduation established by order of the minister.
Section 170.1 (2) (
f) is repealed and the following substituted:
(
f) at the request of a first nation or a Community Education Authority established by one or more participating First Nations under the First Nations Jurisdiction over Education in British Columbia Act (Canada), a person who is engaged in a program of studies at an educational institution operated by the first nation or Community Education Authority; .
Teaching Profession Act
Section 25.1 of the Teaching Profession Act, R.S.B.C. 1996, c. 449, is amended
(
a) in subsection (1) by adding the following
definitions:
"aboriginal educator" means either of the following:
(
a) a first nation, as defined in the School Act , that is operating an educational institution;
(
b) a Community Education Authority, established by one or more participating First Nations under the First Nations Jurisdiction over Education in British Columbia Act (Canada), that is operating an educational institution;
"participating First Nation" has the same meaning as in the First Nations Jurisdiction over Education in British Columbia Act (Canada); ,
(
b) in subsection (1) by repealing the definition of "prospective employer" and substituting the following:
"prospective employer" means either of the following that is considering becoming an employer:
(
a) a board;
(
b) an authority. ,
(
c) in subsection (3) by striking out " and a prospective employer of a member may inspect that list. " and substituting " and a prospective employer of a member or an aboriginal educator that is considering hiring a member may inspect that list. ", and
(
d) in subsection (4) by striking out " A prospective employer that inspects " and substituting " A prospective employer or an aboriginal educator that inspects ".
Section 27.1 (1) is repealed and the following substituted:
(1) In this section, "student" means
(
a) a student as defined in the School Act ,
(
b) a student as defined in the Independent School Act ,
(
c) a child registered under
section 13 of the School Act , or
(
d) a child engaged in a program of studies at an educational institution operated by
(
i) a first nation, as defined in the School Act , or
(ii) a Community Education Authority established by one or more participating First Nations under the First Nations Jurisdiction over Education in British Columbia Act (Canada).
Commencement
19 This Act comes into force by regulation of the Lieutenant Governor in Council.
Copyright (c) 2007: Queen’s Printer, Victoria, British Columbia, Canada