Education Amendment Act (Regional Aboriginal School Boards), 2016 Bisson, Gilles — Bill 214 (41st Parliament, 1st Session)

Bill 214, 41-1

Ontario — Bills

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Bill 214, Education Amendment Act (Regional Aboriginal School Boards), 2016

Bisson, Gilles

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Acts affected

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[41] Bill 214 Original (PDF)

Bill 214 2016

An Act to amend the

Education Act to provide for agreements to create regional Aboriginal school

boards

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

(1) The

definition of "board" in subsection 1 (1) of the Education Act is

repealed and the following substituted:

"board" means a district school board, a school authority

or a regional Aboriginal school board; (" conseil", "conseil scolaire" )

(2) Subsection 1 (1) of the Act is amended

by adding the following definition:

"regional Aboriginal school board" means a regional Aboriginal

school board created by an agreement under

section 188.1; ("conseil scolaire

autochtone régional")

2. The

Act is amended by adding the following section:

Agreements

re creation of regional Aboriginal school board

188.1

(1) The

purpose of this

section is to provide for agreements to create one or more regional

Aboriginal school boards.

Same

(2) If a band, the council of a band or an

education authority so requests, and if the band, the council or the education

authority is authorized by the Crown in right of Canada to provide education

for Indians, the Crown in right of Ontario, represented by the Minister, may

enter into an agreement for the purpose of creating a regional Aboriginal

school board.

Parties

(3) The

parties to an agreement shall be,

(

a) the Crown in right of Ontario;

(

b) the Crown in right of Canada;

and

(

c) the band, the council of a

band or the education authority.

Boundaries

(4) A regional Aboriginal school board's

boundaries shall be the boundaries set out in the agreement, and for greater certainty

its area of jurisdiction may overlap with the area of jurisdiction of an existing

board.

Board

members

(5) The members of a regional Aboriginal

school board shall be elected from among the members of any band that is party

to the agreement or that participated in incorporating the education authority

that is party to the agreement.

Powers

and duties of board

(6) Subject to anything to the contrary in

the agreement, a regional Aboriginal school board has the same powers and duties

as a board under this Act.

Language,

programs and courses of instruction

(7) A regional Aboriginal school board may,

(

a) determine

the instructional units to be conducted in one or more Aboriginal languages

within the board; and

(

b) establish

and maintain programs and courses of study related to Aboriginal peoples and

history.

Regulations

(8) The Lieutenant Governor in Council may

make regulations respecting any matter necessary or desirable for the implementation

of this section.

Agreement

(9) The Minister shall initiate

negotiations with the Crown in right of Canada for the purpose of ensuring that

matters relating to regional Aboriginal school boards are included in the

"Memorandum of Agreement Respecting Welfare Programs for Indians".

Non-derogation

(10) For greater certainty, nothing in this

section shall be construed so as to abrogate or derogate from the protection provided

for the existing aboriginal and treaty rights of the aboriginal peoples of

Canada as recognized and affirmed by

section 35 of the Constitution Act,

1982 .

Commencement

3. This

Act comes into force six months after the day it receives Royal Assent.

Short

title

4. The

short title of this Act is the Education Amendment Act

(Regional Aboriginal School Boards), 2016 .

EXPLANATORY NOTE

The

Bill amends the Education Act to permit the creation of one or more

regional Aboriginal school boards. An agreement to create a regional Aboriginal

school board could be requested by a band within the meaning of the Indian

Act (Canada), the council of a band within the meaning of that Act or an

education authority within the meaning of the Education Act . A regional

Aboriginal school board would have the same powers and duties as a board under

the Education Act unless the agreement creating it provides otherwise.

Date Bill stage Activity Committee

June 8, 2016

First Reading

Carried

Debates and Progress

First Reading

June 8, 2016

Committee

Second Reading

Committee

Third Reading

Royal Assent

Acts affected - Bill 214

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Education Act

Legislative Assembly of Ontario

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Document details

Collection	Ontario — Bills
Citation	Bill 214, 41-1
Type	bill
Volume / chapter	p41 s1 bill 214 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	d46b32c189895b121a5927af5cc9029c35c7ece9

Source file is stored in the law ingest library (html).