GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
First Nations Jurisdiction over Education in British Columbia Act — F-11.75 19
Education co-management agreements 19 (1) In furthering its purpose, the Authority shall, if requested by a participating First Nation and in accordance with an individual agreement, enter into a co-management agreement in respect of education with that participating First Nation. Education standards (2) The Authority shall, as provided for by a co-management agreement, (a) establish standards that are applicable to education provided by a participating First Nation on First Nation land for curriculum and examinations for courses necessary to meet graduation requirements; (b) provide a teacher certification process for teachers providing educational instruction in schools operated by a participating First Nation on First Nation land, other than teachers who teach only the language and culture of the participating First Nation; (c) provide, upon request by a participating First Nation, a teacher certification process for teachers who teach only the language and culture of the participating First Nation in schools operated by the participating First Nation on First Nation land; (d) provide a process for certifying schools that are operated by a participating First Nation on First Nation land; and (e) perform any other duties that are consistent with the individual agreement and this Act. Consultation with province (3) The Authority shall consult with the competent authorities in British Columbia regarding standards established under paragraph (2)(a).
First Nations Jurisdiction over Education in British Columbia Act — F-11.75 20
Delegation 20 The Authority may exercise the jurisdiction over education that is delegated to it by a participating First Nation in accordance with an individual agreement.
First Nations Jurisdiction over Education in British Columbia Act — F-11.75 21
Other First Nations 21 (1) The board of directors may authorize the Authority to enter into agreements in respect of education with any First Nation in British Columbia other than a participating First Nation if that First Nation has entered into a comprehensive self-government agreement, a treaty or a land claims agreement, providing for jurisdiction over education. Agreements with other First Nations (2) If the Authority has been authorized by the board of directors to enter into agreements under subsection ( 1 ), the Authority may, if requested by a First Nation described in subsection (1) and in accordance with a comprehensive self-government agreement, a treaty or a land claims agreement, providing for jurisdiction over education, enter into an agreement in respect of education with that First Nation. Delegated jurisdiction (3) If the Authority has entered into an agreement with a First Nation under subsection ( 2 ), the Authority shall exercise the jurisdiction over education that is delegated to it by that First Nation in British Columbia in a manner consistent with subsection 19 (2). Additional directors (4) If the Authority has entered into an agreement with a First Nation under subsection ( 2 ), that First Nation has the right to appoint two directors to the board of directors, at least one of whom shall be a member of that First Nation. A director holds office at the pleasure of the First Nation that appointed them, but may be removed by the board for cause or for a ground set out in the board’s rules. Terms of appointment (5) A director appointed under subsection (4) holds office for an initial term of two years and may be reappointed for a second or subsequent term, for a term of appointment fixed by the board of directors.
First Nations Jurisdiction over Education in British Columbia Act — F-11.75 22
Establishment 22 (1) A participating First Nation may, on its own or jointly with other participating First Nations, establish a Community Education Authority to operate, administer and manage the education system of the participating First Nation on First Nation land in accordance with an individual agreement. Powers, rights and duties (2) A Community Education Authority has the powers, rights, privileges and benefits conferred on it by a participating First Nation and shall perform the duties — and be subject to the liabilities — imposed on it by a First Nation law in accordance with an individual agreement.
First Nations Jurisdiction over Education in British Columbia Act — F-11.75 23
Indian Act 23 On the coming into force of a First Nation law, sections 114 to 122 of the Indian Act cease to apply to the participating First Nation and its members.
First Nations Jurisdiction over Education in British Columbia Act — F-11.75 24
Participating First Nation not liable 24 (1) A participating First Nation is not liable in respect of anything done or omitted to be done by Her Majesty, or any person or body authorized by Her Majesty to act, in the exercise of their powers, duties and functions in relation to education. Indemnification of participating First Nation (2) Her Majesty shall indemnify a participating First Nation for any loss suffered by the participating First Nation as a result of an act or omission described in subsection (1). Her Majesty not liable (3) Her Majesty is not liable in respect of anything done or omitted to be done by a participating First Nation, or any person or body authorized by the participating First Nation to act, in the exercise of their powers, duties and functions in relation to education. Indemnification of Her Majesty (4) The participating First Nation shall indemnify Her Majesty for any loss suffered by Her Majesty as a result of an act or omission described in subsection (3).
First Nations Jurisdiction over Education in British Columbia Act — F-11.75 25
Schools 25 (1) The Minister may, in accordance with this Act, establish and maintain schools on First Nation land. Deposit of copies (2) The Minister shall cause a copy of each individual agreement and of any amendment made to the individual agreement, certified by the Minister to be a true copy, to be deposited in the library of the Department of Indian Affairs and Northern Development situated in the National Capital Region, as described in the schedule to the National Capital Act , and in any regional offices of that Department and other places that the Minister considers advisable.
First Nations Jurisdiction over Education in British Columbia Act — F-11.75 26
Judicial notice of individual agreements 26 Judicial notice shall be taken of each individual agreement.
First Nations Jurisdiction over Education in British Columbia Act — F-11.75 27
Judicial notice of First Nation laws 27 (1) Judicial notice shall be taken of First Nation laws. Evidence of First Nation laws (2) A copy of a First Nation law purporting to be deposited in the public registry of First Nation laws referred to in an individual agreement is evidence of that law and of its contents, unless the contrary is shown.
First Nations Jurisdiction over Education in British Columbia Act — F-11.75 28
Statutory Instruments Act 28 For greater certainty, First Nation laws are not statutory instruments within the meaning of the Statutory Instruments Act .
First Nations Jurisdiction over Education in British Columbia Act — F-11.75 29
Federal Courts Act 29 For greater certainty, no body established by this Act or by a First Nation law is a federal board, commission or other tribunal as defined in subsection 2(1) of the Federal Courts Act .
First Nations Jurisdiction over Education in British Columbia Act — F-11.75 30
Notice of court or tribunal proceedings 30 (1) A party in any proceeding before a court or tribunal shall serve notice in writing on the Attorney General of Canada and the participating First Nation of any issue raised by that party in respect of (a) the interpretation or validity of an individual agreement; or (b) the validity or applicability of this Act or of a First Nation law. Content of notice (2) A notice shall identify the proceeding in which the issue arises, state whether it arises in relation to paragraph (1)(a) or (b), give particulars of the point to be argued and, if a date has been fixed for argument, give the date. Attachments (3) A notice shall be accompanied by copies of all pleadings and other documents pertaining to the issue that have been filed with the court or tribunal. Time of service (4) A notice shall be served within seven days after the issue is first raised by a party to the proceeding, whether in the initial pleadings or otherwise, and the issue may not be argued sooner than 14 days after service unless the court or tribunal allows a shorter period. Participation in proceedings (5) In any proceeding to which subsection (1) applies, the Attorney General of Canada and the participating First Nation may appear and participate with the same rights as any other party.
First Nations Jurisdiction over Education in British Columbia Act — F-11.75 31
Orders in council 31 (1) The Governor in Council may make orders and regulations that are necessary to implement individual agreements entered into after the day on which this subsection comes into force. Regulation- making authority (2) The Governor in Council may make regulations to establish standards for buildings and equipment, and the inspection of buildings and equipment, used by schools administered under this Act.
First Nations Jurisdiction over Education in British Columbia Act — F-11.75 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 November 22, 2007, see SI/2007-91.]
First Nations Jurisdiction over Education in British Columbia Act — F-11.75 Other references to Department of Indian Affairs and Northern Development
Other references to Department of Indian Affairs and Northern Development (2) Unless the context requires otherwise, every reference to the “Department of Indian Affairs and Northern Development” is, with any grammatical adaptations, to be read as a reference to the “Department of Crown-Indigenous Relations and Northern Affairs” in the following provisions: (f) subsection 25(2) of the First Nations Jurisdiction over Education in British Columbia Act .
First Nations Oil and Gas and Moneys Management Act — F-11.9 Preamble
Preamble WHEREAS the White Bear First Nation entered into Treaty Number Four with Her Majesty on September 23, 1875 and the Blood and Siksika (Blackfoot) First Nations entered into Treaty Number Seven with Her Majesty on September 22, 1877;
First Nations Oil and Gas and Moneys Management Act — F-11.9
WHEREAS existing aboriginal and treaty rights of the aboriginal peoples of Canada were recognized and affirmed by section 35 of the Constitution Act, 1982 ;
First Nations Oil and Gas and Moneys Management Act — F-11.9
WHEREAS the White Bear, Blood and Siksika First Nations wish to assume control of oil and gas in their reserve lands and related revenues, and control of current and future moneys that would otherwise be held for them by Canada;
First Nations Oil and Gas and Moneys Management Act — F-11.9
WHEREAS those first nations have, since 1994, entered into a series of agreements with the Government of Canada for the co-management of oil and gas in their reserve lands;
First Nations Oil and Gas and Moneys Management Act — F-11.9
WHEREAS the same first nations have participated with the Government of Canada in the development of proposals for legislation for the transfer of control of oil and gas and of moneys held for them;
First Nations Oil and Gas and Moneys Management Act — F-11.9
AND WHEREAS it is recognized that such legislation could also benefit other first nations if they chose to avail themselves of it;
First Nations Oil and Gas and Moneys Management Act — F-11.9
NOW THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
First Nations Oil and Gas and Moneys Management Act — F-11.9 1
Short title 1 This Act may be cited as the First Nations Oil and Gas and Moneys Management Act .
First Nations Oil and Gas and Moneys Management Act — F-11.9
contract means a licence, permit or lease granting a surface or subsurface right or interest in land — or an instrument evidencing an easement, a right-of-way, a right of entry or any other disposition of a right or interest in land — that is granted, issued or made for the purposes of oil or gas exploration or exploitation. ( contrat )
First Nations Oil and Gas and Moneys Management Act — F-11.9
decision-making authority , in relation to a project, means a person or body having power under section 34 or under a first nation’s oil and gas laws to make any decision that is required in order for the project to be undertaken. ( autorité décisionnelle )
First Nations Oil and Gas and Moneys Management Act — F-11.9
environmental assessment , in relation to a project in a managed area, means an assessment of the project’s effects on the environment conducted in one or more stages in accordance with a first nation’s oil and gas laws. ( évaluation environnementale )
First Nations Oil and Gas and Moneys Management Act — F-11.9
exploitation , in relation to oil or gas, means its extraction, production, storage, distribution, processing or refining, or its use to generate electrical energy, to the extent that those activities relate to lands in a managed area. ( exploitation )
First Nations Oil and Gas and Moneys Management Act — F-11.9
exploration includes surveying, mapping, test drilling and geological, geophysical and geochemical examinations carried out in pursuit of oil or gas. ( exploration )
First Nations Oil and Gas and Moneys Management Act — F-11.9
financial institution means a bank or a trust company. ( institution financière )
First Nations Oil and Gas and Moneys Management Act — F-11.9
first nation means a band within the meaning of the Indian Act . ( première nation )
First Nations Oil and Gas and Moneys Management Act — F-11.9
first nation member means a person whose name appears on the band list of a first nation or who is entitled to have their name appear on that list. ( membre de la première nation )
First Nations Oil and Gas and Moneys Management Act — F-11.9
gas means natural gas that can be produced from a well, including natural gas from a coal bed, and includes marketable gas as well as condensate and other fluid components of natural gas that are not oil. ( gaz )
First Nations Oil and Gas and Moneys Management Act — F-11.9
managed area means a managed area as described in section 25 . ( secteur aménagé )
First Nations Oil and Gas and Moneys Management Act — F-11.9
Minister means the Minister of Indigenous Services. ( ministre )
First Nations Oil and Gas and Moneys Management Act — F-11.9
oil means any hydrocarbon that can be extracted or recovered in liquid form from surface or subsurface deposits, other than condensate, or that can be extracted or recovered from bitumen, bituminous sands, oil sands or oil shale. ( pétrole )
First Nations Oil and Gas and Moneys Management Act — F-11.9
oil and gas law means a law made by a first nation under section 35 . ( texte pétrolier ou gazier )
First Nations Oil and Gas and Moneys Management Act — F-11.9
oil and gas moneys means moneys derived from oil or gas exploration or exploitation within the managed area of a first nation after the first nation’s transfer date, and includes fines recovered for offences under oil and gas laws. ( recettes pétrolières ou gazières )
First Nations Oil and Gas and Moneys Management Act — F-11.9 (a)
project means (a) any proposed construction, operation, modification, decommissioning or abandonment of an installation used for oil or gas exploration or exploitation, or any other proposed undertaking in relation to such an installation; or (b) any proposed exploration activity of a kind that is defined, by the regulations or by a first nation’s oil and gas laws, as a project for the purposes of environmental assessments. ( projet )
First Nations Oil and Gas and Moneys Management Act — F-11.9
transfer date , in relation to a first nation, means the date on which the first nation’s name is added to Schedule 1 under subsection 22 (1). ( date de transfert )
First Nations Oil and Gas and Moneys Management Act — F-11.9
trust company means a trust company under subsection 57(2) of the Trust and Loan Companies Act , or a company incorporated by or under a provincial Act that carries on the business of a trust company, that is a member institution within the meaning of section 2 of the Canada Deposit Insurance Corporation Act . ( société de fiducie )
First Nations Oil and Gas and Moneys Management Act — F-11.9 3
For greater certainty 3 For greater certainty, (a) Her Majesty’s title to lands in a managed area is not affected by this Act; (b) lands in a managed area continue to be set apart by Her Majesty for the use and benefit of the first nation for which they were set apart; (c) lands in a managed area continue to be lands reserved for the Indians within the meaning of Class 24 of section 91 of the Constitution Act, 1867 ; and (d) this Act does not affect the ability of a first nation to participate in and benefit from any federal government program. (e) [Repealed, 2024, c. 30, s. 26] 2005, c. 48, s. 3 2024, c. 30, s. 26
First Nations Oil and Gas and Moneys Management Act — F-11.9 4
Territorial lands 4 This Act does not apply in respect of reserve lands in Yukon or in respect of frontier lands within the meaning of the Canada Petroleum Resources Act .
First Nations Oil and Gas and Moneys Management Act — F-11.9 5
Individual moneys 5 This Act does not apply in respect of moneys collected, received or held by Her Majesty in right of Canada under the Indian Act for the use and benefit of an individual.
First Nations Oil and Gas and Moneys Management Act — F-11.9 6
Council resolution — oil and gas 6 The council of a first nation may submit to the Minister a written resolution of the council requesting the transfer to the first nation of the management and regulation of oil and gas exploration and exploitation in its reserve lands.
First Nations Oil and Gas and Moneys Management Act — F-11.9 7
Council resolution — moneys 7 The council of a first nation may submit to the Minister a written resolution of the council requesting the payment to the first nation of (a) moneys held by Her Majesty for the use and benefit of the first nation; and (b) moneys to be collected or received in future by Her Majesty for the use and benefit of the first nation.
First Nations Oil and Gas and Moneys Management Act — F-11.9 8
Information from Minister — oil and gas 8 (1) Subject to subsections (3) and (4), following receipt of a resolution under section 6 , the Minister shall provide to the first nation, if the first nation does not already possess them, (a) copies of all contracts issued in respect of the first nation’s reserve lands that are in force and of any documents evidencing designations of those lands under the Indian Act ; (b) copies of any documents in the Minister’s possession respecting contracts referred to in paragraph (a) that relate to periods after the issuance of those contracts; (c) particulars of all moneys payable under contracts referred to in paragraph (a); and (d) any documents in the Minister’s possession with respect to contaminated sites on the first nation’s reserve. Timetable for providing information (2) Following receipt of a resolution under section 6 , the Minister shall provide the first nation with a timetable for delivery of the documents and information referred to in subsection (1). Exclusion of confidential information (3) The Minister shall not provide information that is subject to solicitor-client privilege or is otherwise privileged at law. Exclusion of confidential information (4) The Minister is not required to provide information that may, or must, be withheld under any federal law. Restriction (5) Subsection (4) does not apply in respect of information provided to the Minister by a contract holder.
First Nations Oil and Gas and Moneys Management Act — F-11.9 9
Information from Minister — moneys 9 Following receipt of a resolution under section 7 , the Minister shall inform the first nation of the amount of the moneys held by Her Majesty for the first nation at the time of the receipt of the request and of the outstanding amount of any loans referred to in subsection 30 (2).
First Nations Oil and Gas and Moneys Management Act — F-11.9 10
Oil and gas code 10 (1) Before a vote is conducted on a transfer requested under section 6 , a first nation shall prepare an oil and gas code that (a) prescribes the procedure to be followed by the council of the first nation in the making, amendment and publication of oil and gas laws; (b) provides for the accountability of the council to first nation members for the management and regulation of oil and gas exploration and exploitation; (c) establishes procedures for disclosing and addressing conflicts of interest of members of the council and employees of the first nation in the management and regulation of oil and gas exploration and exploitation; (d) if the first nation shares a reserve with another first nation, provides for the coordination of the management and regulation of oil and gas exploration and exploitation by the two first nations; and (e) provides for the amendment of the code by the first nation. Financial code for oil and gas moneys (2) Before a vote is conducted on a transfer requested under section 6 , a first nation shall prepare a financial code that (a) specifies the mode of holding oil and gas moneys, either by their deposit in an account with a financial institution or their payment to a trust of which the first nation is settlor and sole beneficiary, and prescribing the conditions governing subsequent changes from one mode to the other; (b) provides for the manner of collecting oil and gas moneys and the manner of expending moneys held in the account or received by the first nation from the trust; (c) provides for the accountability of the council to first nation members for the management of oil and gas moneys; (d) establishes procedures for disclosing and addressing conflicts of interest of members of the council and employees of the first nation in the expenditure of those moneys; and (e) provides for the amendment of the code by the first nation.
First Nations Oil and Gas and Moneys Management Act — F-11.9 11
Financial code for moneys received from Canada 11 Before a vote is conducted on a payment requested under section 7 , a first nation shall prepare a financial code (a) specifying the mode of holding moneys paid by Her Majesty to the first nation under sections 30 and 31 by their deposit in an account with a financial institution or payment to a trust of which the first nation is settlor and sole beneficiary, and prescribing the conditions governing future changes from one mode to the other; (b) respecting the manner of expending moneys held by the first nation in the account or received by it from the trust; (c) respecting the accountability of the council of the first nation to first nation members for the expenditure of those moneys; (d) establishing procedures for disclosing and addressing conflicts of interest of members of the council and employees of the first nation in the expenditure of those moneys; and (e) providing for the amendment of the code by the first nation.
First Nations Oil and Gas and Moneys Management Act — F-11.9 12
Law of trusts 12 (1) Laws of general application in relation to trusts and trustees in force in the province in which the trust instrument is executed apply in respect of a trust established for the purposes of this Act except to the extent that those laws conflict with this Act. Rules against perpetuities and accumulations (2) A trust established for the purposes of this Act is exempt from the application of any rule of common law that limits the period within which a beneficial interest must vest or the period during which income may be accumulated.