4th Session, 42nd Parliament

(2023) 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 7th day of November, 2023

Kate Ryan-Lloyd, Clerk of the Legislative Assembly

HONOURABLE RACHNA SINGH

MINISTER OF EDUCATION AND CHILD CARE

BILL 40 – 2023

SCHOOL AMENDMENT ACT, 2023

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Section 1 (1) of the School Act, R.S.B.C. 1996, c. 412, is amended by repealing the definition of "first nation" and substituting the following:

"first nation" means any of the following:

(

a) a band as defined under the Indian Act (Canada), including a participating First Nation, located in British Columbia;

(

b) the shíshálh Nation as defined in the shíshálh Nation Self-Government Act (Canada);

(

c) the Westbank First Nation as defined in the agreement approved under the Westbank First Nation Self-Government Act (Canada); .

2 The following

section is added:

First nation schools of choice

74.2

(1) In this section:

"designated school" means a school designated by a first nation, a treaty first nation or the Nis g a'a Nation under subsection (2);

"eligible first nation person" means a person

(

a) who may enrol, under this Act, in an educational program provided by a board,

(

b) who is a member of a first nation, a treaty first nation or the Nis g a'a Nation,

(

c) who is ordinarily resident

(

i) on a reserve as defined in

section 2 (1) of the Indian Act (Canada),

(ii) on treaty lands,

(iii) on Nis g a'a Lands, or

(iv) on shíshálh lands as defined in

section 2 (1) of the shíshálh Nation Self-Government Act (Canada), and

"specialty academy" has the same meaning as in

section 82.1.

(2) Despite sections 2, 74.1 (1), (2), (6) and (6.1) and 75 (4), if a first nation, a treaty first nation or the Nis g a'a Nation designates, in accordance with subsection (3), a school in the school district of the board, the eligible first nation persons who meet the following residency requirements are entitled to attend the designated school in the next school year:

(

a) the eligible first nation persons who are ordinarily resident of the first nation and are ordinarily resident or boarded in the school district;

(

b) the eligible first nation persons who are ordinarily resident on the treaty lands of the treaty first nation and are ordinarily resident or boarded in the school district;

(

c) the eligible first nation persons who are ordinarily resident on Nis g a'a Lands and are ordinarily resident or boarded in the school district.

(3) A designation under subsection (2) must be made in writing to the board of the school district of the school

(

a) by the date established under

section 74.1 (4) (a), or

(

b) if the board establishes different dates for different grades, education programs, schools or children under

section 74.1 (4) (b), by the earliest of those dates.

(4) A designation under subsection (2) continues for each subsequent school year unless the first nation, the treaty first nation or the Nis g a'a Nation revokes the designation.

(5) Despite subsection (2), if a board offers a specialty academy at a designated school, an eligible first nation person may only be enrolled in the specialty academy in the manner specified by the board for general enrolment in the specialty academy.

(6) For certainty, an eligible first nation person who is entitled to attend a designated school remains entitled to enrol in an educational program in accordance with sections 2, 74.1 (1), (2), (6) and (6.1) and 75 (4) provided by the board of a school district.

3 The following sections are added:

Model local education agreement

86.1

(1) In this

section and sections 86.2 to 86.6:

"eligible first nation person" means a person

(

a) who may enrol, under this Act, in an educational program provided by a board,

(

b) who is a member of a first nation, a treaty first nation or the Nis g a'a Nation, and

"model agreement" means a model local education agreement specified by regulation under subsection (2).

(2) The minister may specify, by regulation, any of the following:

(

i) the purchase of educational programs and services by a first nation, a treaty first nation or the Nis g a'a Nation from a board,

(ii) improving first nation, treaty first nation and Nis g a'a Nation student achievement, and

(iii) developing relationships between a first nation, a treaty first nation or the Nis g a'a Nation and a board;

(

b) requirements in relation to the form and manner for a first nation, a treaty first nation or the Nis g a'a Nation to require a model agreement to apply to the first nation, the treaty first nation or the Nis g a'a Nation and a board;

(

c) information that must be included by the first nation, the treaty first nation or the Nis g a'a Nation in the model agreement.

(3) The term of a model agreement starts on July 1 of the year specified in the model agreement.

First nation and board model agreement as contract

86.2

(1) Subject to

section 86.5, a first nation may, by delivering written notice to the minister and a board, require a model agreement to apply to the first nation and the board.

Treaty first nation and board model agreement as contract

86.3

(1) Subject to

section 86.5, a treaty first nation may, by delivering written notice to the minister and a board, require a model agreement to apply to the treaty first nation and the board.

Nis g a'a Nation and board model agreement as contract

86.4

(1) Subject to

section 86.5, the Nis g a'a Nation may, by delivering written notice to the minister and a board, require a model agreement to apply to the Nis g a'a Nation and the board.

Conditions required for model agreement

86.5 A first nation, a treaty first nation or the Nis g a'a Nation may only require a model agreement to apply to the first nation, the treaty first nation or the Nis g a'a Nation and a board if

(

a) an eligible first nation person of the first nation, the treaty first nation or the Nis g a'a Nation is enrolled in or will reasonably be expected to enrol in an educational program provided by the board, and

(

i) the first nation and the board,

(ii) the treaty first nation and the board, or

(iii) the Nis g a'a Nation and the board.

Amendments to model agreement

86.6

(1) If a model agreement is amended by ministerial regulation, the amended model agreement does not apply to a contract that is in effect under

section 86.2, 86.3 or 86.4 on the date the amended model agreement comes into force.

(2) If a model agreement is amended by ministerial regulation, the first nation, the treaty first nation or the Nis g a'a Nation must give at least 60 days' written notice to the minister and the board that the amended model agreement applies.

(3) If a model agreement is amended by ministerial regulation and notice is provided in accordance with subsection (2),

(

a) the amended model agreement takes effect on the next July 1, and

(

b) the term of the model agreement is amended and starts on the date that the amended model agreement takes effect.

4 The following Division is added to

Part 6:

Division 2.01 – Indigenous Education Councils

Purposes of Indigenous education councils

87.001

(1) Each board must establish and maintain an Indigenous education council, for the

following purposes:

(

a) advising the board respecting any matter relating to the following:

(

i) providing comprehensive and equitable educational programs and services to Indigenous students;

(ii) improving Indigenous student achievement;

(iii) integrating into learning environments Indigenous world views and perspectives, in particular those of the first nations, the treaty first nations or the Nis g a'a Nation in whose traditional territory the board operates;

(

b) advising on grants provided under this Act in relation to Indigenous students;

(

c) approving plans, spending and reporting related to grants as set out in

section 87.002;

(

d) advising the board in relation to the distinct languages, cultures, customs, traditions, practices or history of the first nations, the treaty first nations or the Nis g a'a Nation in whose traditional territory the board operates, through advice from the Indigenous education council members representing those first nations, treaty first nations or the Nis g a'a Nation.

(2) For certainty, an Indigenous education council is not a committee of a board under

section 65 (2) (

a) of this Act.

Approval of targeted grants – plans, spending and reporting

87.002 If the minister provides a direction for a targeted grant under

section 106.4 and the targeted grant is related to Indigenous students, the Indigenous education council must,

(

a) before the grant is spent by the board, approve the board's plan for the grant and the board's spending of the grant, and

(

b) after the grant is spent, approve the board's report, if any, on the grant's spending.

Minister may order board to consult with Indigenous education councils

87.003 The minister may specify, by order, that a board must consult with the Indigenous education council or specified members of the Indigenous education council on a matter specified by the minister.

Ministerial orders in relation to Indigenous education councils

87.004

(1) Subject to this section, the minister may specify, by order, any of the following in relation to an Indigenous education council:

(

a) establishment and composition of a council;

(

b) the process to appoint council members;

(

c) voting rights of council members;

(

d) terms of reference in relation to a council;

(

e) rules governing the conduct of the business of a council.

(2) The following individuals may not be members with voting rights of an Indigenous education council:

(

a) a trustee;

(

b) a board employee.

(3) The minister may specify in an order under subsection (1) that different members of an Indigenous education council may have different voting rights in respect of different matters.

Indigenous education councils establish governance rules

87.005 An Indigenous education council may make rules governing the following, but may not make a rule if that rule is inconsistent with this Act, the regulations or the orders of the minister:

(

a) the process to appoint members of a council;

(

b) the conduct of a council's business;

(

c) terms of reference in relation to a council.

Section 93 is repealed and the following substituted:

Interpretation

93 In this Division, a reference to a trustee, officer, employee or member of an Indigenous education council includes a former trustee, officer, employee or member of an Indigenous education council.

Section 95 is amended

(

a) in subsections (1), (2) (

a) and (3) by adding " or a member of an Indigenous education council " after " a trustee, an officer or an employee of the board ",

(

b) in subsection (1) (

a) by adding " or a member of an Indigenous education council " after " a trustee, officer or employee of the board ",

(

c) in subsection (1) (

a) by striking out " the trustee's, officer's or employee's " and substituting " the trustee's, officer's, employee's or member's ",

(

d) in subsection (2) (

a) by adding " or the member's council duties " after " the performance of the trustee's, officer's or employee's board duties ",

(

e) in subsection (2) by striking out " on a trustee, officer or employee as a result of the trustee's, officer's or employee's conviction " and substituting " on a trustee, officer, employee or member as a result of the trustee's, officer's, employee's or member's conviction ",

(

f) in subsection (3) by striking out " the trustee, officer or employee " and substituting " the trustee, officer, employee or member ", and

(

g) by repealing subsection (3) (

a) and substituting the following:

(

a) against a trustee, officer, employee or member if the claim for damages arises out of the gross negligence of the trustee, officer, employee or member, or .

Section 166.4 is amended in subsection (2) by striking out " 85.1 to 86 " and substituting " 85.1 to 86.6 ".

Section 166.4 is amended in subsection (2.1) by striking out " Division 2.1 of

Part 6 applies " and substituting " Divisions 2.01 and 2.1 of

Part 6 apply ".

Section 166.43 is amended

(

a) in subsections (1) (a), (2) (

a) and (4) by adding " or a member of an Indigenous education council " after " a regional trustee, officer or employee of the francophone education authority ",

(

b) in subsections (1) (a) (i), (2) (

a) and (3) by striking out " the regional trustee's, officer's or employee's " and substituting " the regional trustee's, officer's, employee's or member's ",

(

c) in subsection (4) by striking out " the regional trustee, officer or employee " and substituting " the regional trustee, officer, employee or member ", and

(

d) by repealing subsection (4) (

a) and substituting the following:

(

a) against a regional trustee, officer, employee or member if the claim for damages arises out of the gross negligence of the regional trustee, officer, employee or member, or .

Commencement

10 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

Item

Column 1

Provisions of Act

Column 2

Commencement

Anything not elsewhere covered by this table

The date of Royal Assent

Section 3

April 30, 2024

Section 7

April 30, 2024

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