GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
An Act respecting First Nations, Inuit and Métis children, youth and families — F-11.73 20
Notice 20 (1) If an Indigenous group, community or people intends to exercise its legislative authority in relation to child and family services, an Indigenous governing body acting on behalf of that Indigenous group, community or people may give notice of that intention to the Minister and the government of each province in which the Indigenous group, community or people is located. Coordination agreement (2) The Indigenous governing body may also request that the Minister and the government of each of those provinces enter into a coordination agreement with the Indigenous governing body in relation to the exercise of the legislative authority, respecting, among other things, (a) the provision of emergency services to ensure the safety, security and well-being of Indigenous children; (b) support measures to enable Indigenous children to exercise their rights effectively; (c) fiscal arrangements, relating to the provision of child and family services by the Indigenous governing body, that are sustainable, needs-based and consistent with the principle of substantive equality in order to secure long-term positive outcomes for Indigenous children, families and communities and to support the capacity of the Indigenous group, community or people to exercise the legislative authority effectively; and (d) any other coordination measure related to the effective exercise of the legislative authority. Application — sections 21 and 22 (3) Sections 21 and 22 apply only in respect of an Indigenous group, community or people on whose behalf an Indigenous governing body (a) entered into a coordination agreement; or (b) has not entered into a coordination agreement, although it made reasonable efforts to do so during the period of one year after the day on which the request is made. Clarification (4) For the purposes of paragraph 3(b), sections 21 and 22 apply beginning on the day after the day on which the period referred to in that paragraph ends. Dispute resolution mechanism (5) If the Indigenous governing body, the Minister and the government of each of those provinces make reasonable efforts to enter into a coordination agreement but do not enter into a coordination agreement, a dispute resolution mechanism provided for by the regulations made under section 32 may be used to promote entering into a coordination agreement. New request (6) If sections 21 and 22 do not apply in respect of an Indigenous group, community or people, nothing prevents the Indigenous governing body that has already made a request under subsection (2) on behalf of the Indigenous group, community or people from making a new request. Coordination agreement entered into after one year (7) For greater certainty, even if sections 21 and 22 apply in respect of an Indigenous group, community or people on behalf of which an Indigenous governing body has not entered into a coordination agreement, nothing prevents the Indigenous governing body from entering into a coordination agreement after the end of the period referred to in paragraph (3)(b).
An Act respecting First Nations, Inuit and Métis children, youth and families — F-11.73 21
Force of law 21 (1) A law, as amended from time to time, of an Indigenous group, community or people referred to in subsection 20 (3) also has, during the period that the law is in force, the force of law as federal law. Interpretation (2) No federal law, other than this Act, affects the interpretation of a law referred to in subsection (1) by reason only that subsection (1) gives the law the force of law as federal law. Application of federal laws (3) No federal law, other than this Act and the Canadian Human Rights Act , applies in relation to a law referred to in subsection (1) by reason only that subsection (1) gives the law the force of law as federal law.
An Act respecting First Nations, Inuit and Métis children, youth and families — F-11.73 22
Conflict — federal laws 22 (1) If there is a conflict or inconsistency between a provision respecting child and family services that is in a law of an Indigenous group, community or people and a provision respecting child and family services — other than any of sections 10 to 15 of this Act and the provisions of the Canadian Human Rights Act — that is in a federal Act or regulation, the provision that is in the law of the Indigenous group, community or people prevails to the extent of the conflict or inconsistency. Clarification (2) The reference to a “federal Act or regulation” in subsection (1) does not include a reference to a law that has the force of law under subsection 21 (1). Conflict — provincial laws (3) For greater certainty, if there is a conflict or inconsistency between a provision respecting child and family services that is in a law of an Indigenous group, community or people and a provision respecting child and family services that is in a provincial Act or regulation, the provision that is in the law of the Indigenous group, community or people prevails to the extent of the conflict or inconsistency.
An Act respecting First Nations, Inuit and Métis children, youth and families — F-11.73 23
Application to Indigenous children — exception 23 A provision respecting child and family services that is in a law of an Indigenous group, community or people applies in relation to an Indigenous child except if the application of the provision would be contrary to the best interests of the child.
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Conflict — stronger ties 24 (1) If there is a conflict or inconsistency between a provision respecting child and family services that is in a law of an Indigenous group, community or people and a provision respecting child and family services that is in a law of another Indigenous group, community or people, the provision that is in the law of the Indigenous group, community or people with which the child has stronger ties — taking into consideration his or her habitual residence as well as his or her views and preferences, giving due weight to his or her age and maturity, unless they cannot be ascertained, and the views and preferences of his or her parent and the care provider — prevails to the extent of the conflict or inconsistency. References to laws (2) Subsection (1) also applies in respect of the provisions of a law that has the force of law under subsection 21 (1).
An Act respecting First Nations, Inuit and Métis children, youth and families — F-11.73 25
Publication 25 The Minister must (a) as soon as feasible after receiving a notice under subsection 20 (1), or a request under subsection 20 (2), post on a website the name of the Indigenous group, community or people on whose behalf an Indigenous governing body has given the notice or made the request, as the case may be, and the date on which the notice or request was received; (b) as soon as feasible after a coordination agreement is entered into, post on a website the name of the Indigenous group, community or people on whose behalf an Indigenous governing body has entered into the coordination agreement and the date on which it was entered into; and (c) as soon as feasible after receiving notice that a law made on behalf of an Indigenous group, community or people contains a provision respecting child and family services, post on a website the name of that Indigenous group, community or people and the date on which the law comes into force.
An Act respecting First Nations, Inuit and Métis children, youth and families — F-11.73 26
Accessibility 26 After receiving a copy of a law that contains a provision respecting child and family services made on behalf of an Indigenous group, community or people referred to in subsection 20 (3), the Minister is to ensure that the law is made accessible to the public in any manner that the Minister considers appropriate, and to that end may publish the law, as amended from time to time, in the Canada Gazette .
An Act respecting First Nations, Inuit and Métis children, youth and families — F-11.73 27
Role of Minister 27 The Minister may gather information respecting the child and family services that are provided in relation to Indigenous children and information about individuals in relation to whom those services are provided and facilitate the disclosure of that information to affected families and communities.
An Act respecting First Nations, Inuit and Métis children, youth and families — F-11.73 28
Agreements — information 28 The Minister may enter into agreements with a provincial government and any Indigenous governing body regarding the collection, retention, use and disclosure of information respecting the child and family services that are provided in relation to Indigenous children in order to, among other things, (a) ensure that Indigenous children are identified as a First Nations person, an Inuk or a Métis person, as the case may be, and that their communities of origin and those of their parents are identified, when possible, when child and family services are provided in relation to them; (b) support the improvement of those services; and (c) facilitate the disclosure of that information to affected families and communities.
An Act respecting First Nations, Inuit and Métis children, youth and families — F-11.73 29
Powers of Minister 29 For the purposes of section 27 , the Minister may disclose information respecting the child and family services that are provided in relation to Indigenous children and information about individuals in relation to whom those services are provided.
An Act respecting First Nations, Inuit and Métis children, youth and families — F-11.73 30
Disclosure of information 30 For the purposes of implementing an agreement referred to in section 28 , a provincial government or a public body established under a provincial Act may collect and disclose information respecting the child and family services that are provided in relation to Indigenous children and information about individuals in relation to whom those services are provided.
An Act respecting First Nations, Inuit and Métis children, youth and families — F-11.73 31
Five-year review 31 (1) Every five years after the day on which this section comes into force, the Minister must, in collaboration with Indigenous peoples, including representatives of First Nations, the Inuit and the Métis, undertake a review of the provisions and operation of this Act. Provincial governments (2) For greater certainty, when undertaking the review, the Minister may also collaborate with provincial governments. Report (3) The Minister must prepare a report on the review that sets out his or her conclusions and recommendations, including any improvements to the provisions of this Act that he or she recommends. Tabling of report (4) The Minister must cause the report to be tabled in each House of Parliament on any of the first 30 days on which it is sitting after the day on which the report is completed.
An Act respecting First Nations, Inuit and Métis children, youth and families — F-11.73 32
Regulations 32 (1) If affected Indigenous governing bodies were afforded a meaningful opportunity to collaborate in the policy development leading to the making of the regulations, the Governor in Council may make regulations providing for any matter relating to the application of this Act or respecting the provision of child and family services in relation to Indigenous children. Provincial governments (2) For greater certainty, subsection (1) does not prevent provincial governments from collaborating in the policy development referred to in that subsection.
An Act respecting First Nations, Inuit and Métis children, youth and families — F-11.73 33
Representations and party status 33 In the context of a proceeding referred to in section 13 that is pending on the day on which that section comes into force, the right referred to in that section may be exercised only if its exercise is consistent with the best interests of the child and is appropriate in the circumstances.
An Act respecting First Nations, Inuit and Métis children, youth and families — F-11.73 34
Regulations 34 (1) If affected Indigenous governing bodies were afforded a meaningful opportunity to collaborate in the policy development leading to the making of the regulations, the Governor in Council may make any regulations that the Governor in Council considers necessary to provide for any other transitional matter arising from the coming into force of this Act. Provincial governments (2) For greater certainty, subsection (1) does not prevent provincial governments from collaborating in the policy development referred to in that subsection.
An Act respecting First Nations, Inuit and Métis children, youth and families — F-11.73 Order in council
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. * [Note: Act in force January 1, 2020, see SI/2019-96.]
First Nations Jurisdiction over Education in British Columbia Act — F-11.75
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
First Nations Jurisdiction over Education in British Columbia Act — F-11.75 1
Short title 1 This Act may be cited as the First Nations Jurisdiction over Education in British Columbia Act .
First Nations Jurisdiction over Education in British Columbia Act — F-11.75 2
Definitions 2 (1) The following definitions apply in this Act. Authority means the First Nations Education Authority established by section 11 . ( Autorité scolaire ) council of a participating First Nation has the same meaning as the expression council of the band in subsection 2(1) of the Indian Act . ( conseil de la première nation participante ) education means education programs and services of a nature generally provided to students from kindergarten to grade 12. ( éducation ) First Nation land means a reserve , as defined in subsection 2(1) of the Indian Act , that is situated in British Columbia and that is set apart for a participating First Nation, and includes First Nation land , as defined in subsection 2(1) of the Framework Agreement on First Nation Land Management Act . ( terres autochtones ) First Nation law means a law made under subsection 9 (1). ( loi autochtone ) individual agreement means an agreement entered into between Her Majesty in right of Canada and a participating First Nation with respect to jurisdiction over education by the participating First Nation on First Nation land, and includes any amendments to the agreement made pursuant to its provisions. ( accord spécifique ) Minister means the Minister of Crown-Indigenous Relations. ( ministre ) participating First Nation means a band named in the schedule. ( première nation participante ) Words and expressions in Indian Act (2) Unless the context otherwise requires, words and expressions used in this Act have the same meaning as in the Indian Act . 2006, c. 10, s. 2 2019, c. 29, s. 373 2022, c. 19, s. 131
First Nations Jurisdiction over Education in British Columbia Act — F-11.75
Authority means the First Nations Education Authority established by section 11 . ( Autorité scolaire )
First Nations Jurisdiction over Education in British Columbia Act — F-11.75
council of a participating First Nation has the same meaning as the expression council of the band in subsection 2(1) of the Indian Act . ( conseil de la première nation participante )
First Nations Jurisdiction over Education in British Columbia Act — F-11.75
education means education programs and services of a nature generally provided to students from kindergarten to grade 12. ( éducation )
First Nations Jurisdiction over Education in British Columbia Act — F-11.75
First Nation land means a reserve , as defined in subsection 2(1) of the Indian Act , that is situated in British Columbia and that is set apart for a participating First Nation, and includes First Nation land , as defined in subsection 2(1) of the Framework Agreement on First Nation Land Management Act . ( terres autochtones )
First Nations Jurisdiction over Education in British Columbia Act — F-11.75
First Nation law means a law made under subsection 9 (1). ( loi autochtone )
First Nations Jurisdiction over Education in British Columbia Act — F-11.75
individual agreement means an agreement entered into between Her Majesty in right of Canada and a participating First Nation with respect to jurisdiction over education by the participating First Nation on First Nation land, and includes any amendments to the agreement made pursuant to its provisions. ( accord spécifique )
First Nations Jurisdiction over Education in British Columbia Act — F-11.75
Minister means the Minister of Crown-Indigenous Relations. ( ministre )
First Nations Jurisdiction over Education in British Columbia Act — F-11.75
participating First Nation means a band named in the schedule. ( première nation participante )
First Nations Jurisdiction over Education in British Columbia Act — F-11.75 3
Conflict with agreement 3 (1) In the event of a conflict between an individual agreement and any Act of Parliament, including this Act, the individual agreement prevails to the extent of the conflict. Conflict with Act (2) In the event of a conflict between this Act and any other Act of Parliament, this Act prevails to the extent of the conflict.
First Nations Jurisdiction over Education in British Columbia Act — F-11.75 4
Purpose 4 The purpose of this Act and of orders of the Governor in Council made under this Act is to bring into effect individual agreements entered into with participating First Nations.
First Nations Jurisdiction over Education in British Columbia Act — F-11.75 5
Bringing agreement into effect 5 (1) Once an individual agreement has been entered into, the Governor in Council may, by order, bring it into effect and add the name of the band that is party to it to the schedule. Force of law of agreement (2) An individual agreement is given the force of law by an order made under subsection (1).
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Order in council — deletions from the schedule 6 The Governor in Council may, by order, delete the name of a participating First Nation from the schedule if the Minister is satisfied that the participating First Nation has entered into a comprehensive self-government agreement, a treaty or a land claims agreement, providing for jurisdiction over education.
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Persons and bodies subject to agreement 7 Persons and bodies have the powers, rights, privileges and benefits conferred on them by an individual agreement and are subject to any obligations and liabilities imposed on them by an individual agreement.
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Agreement binding 8 An individual agreement is binding on and may be relied on by all persons.
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Legislative powers 9 (1) A participating First Nation has, to the extent provided by an individual agreement, the power (a) to enact laws respecting education on First Nation land; and (b) to delegate to the Authority its power to make laws under paragraph (a). Transferability (2) A participating First Nation shall provide, or make provision for, education so as to allow students to transfer without academic penalty to an equivalent level in another school within the school system of British Columbia.
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Scope of individual agreement 10 For greater certainty, nothing in this Act renders ineffective any provision, or any amendment made to a provision, of an indi-vidual agreement for which specific provision is not made in this Act.
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Establishment 11 (1) There is hereby established in British Columbia the First Nations Education Authority, to be managed by a board of directors that consists of a minimum of six directors, including a President and a Vice-President. Capacity, rights, powers and privileges (2) The Authority has the capacity, rights, powers and privileges of a natural person, including the capacity (a) to enter into contracts; (b) to acquire, hold and dispose of property or an interest in property; (c) to raise, invest or borrow money; and (d) to sue and be sued in its own name.
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Not agent of Her Majesty 12 The Authority is not an agent of Her Majesty.
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Appointment of directors 13 (1) Each participating First Nation has the right to appoint two directors to the board of directors, at least one of whom shall be a member of the participating First Nation, for an initial term of two years. Directors may be reappointed, for a term fixed by the board, for second or subsequent terms. Removal from office (2) A director holds office at the pleasure of the participating First Nation that appointed them, but they may be removed by the board of directors at any time for cause or for a ground set out in the board’s rules.
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Appointment of President and Vice-President 14 The board of directors shall appoint a President and a Vice-President, from among the directors, to hold office at the pleasure of the board for an initial term not exceeding two years, and they may be reappointed for terms of appointment to be established by the board.
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Rules of procedure 15 The board of directors may make rules that are consistent with this Act for the purpose of carrying out the Authority’s work, (a) specifying the grounds for the removal of directors in addition to those generally recognized by law; (b) conducting and managing its internal administrative affairs; and (c) specifying the duties of its officers, directors and employees and of persons retained by it.
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Head office 16 The Authority’s head office shall be in British Columbia.
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Staff 17 (1) The Authority may (a) hire any persons that are necessary to conduct its work; and (b) determine the duties of those persons and the conditions of their employment. Salaries and benefits (2) Persons hired under subsection (1) shall be paid the salary and benefits fixed by the Authority.
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Mandate 18 The purpose of the Authority is to assist participating First Nations in developing the capacity to provide education on First Nation land and to provide for any other matters related to education that may be agreed to by the Authority and a participating First Nation in accordance with an individual agreement.