First Nations Jurisdiction over Education in British Columbia Act (S.C. 2006, c. 10)

Act current to 2013-04-29 and last amended on 2007-11-22. Previous Versions

COMMUNITY EDUCATION AUTHORITY

Marginal note:Establishment
  •  (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.

  • Marginal note: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.

OTHER ACTS

Marginal note:Indian Act

 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.

LIABILITY

Marginal note:Participating First Nation not liable
  •  (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.

  • Marginal note: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).

  • Marginal note: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.

  • Marginal note: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).

MINISTER’S DUTIES AND POWERS

Marginal note:Schools
  •  (1) The Minister may, in accordance with this Act, establish and maintain schools on First Nation land.

  • Marginal note: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.

GENERAL

Marginal note:Judicial notice of individual agreements

 Judicial notice shall be taken of each individual agreement.