Skip to main content

Bill C-61

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

Skip to Document Navigation Skip to Document Content

First Session, Forty-second Parliament,

64-65-66 Elizabeth II, 2015-2016-2017

HOUSE OF COMMONS OF CANADA

BILL C-61
An Act to give effect to the Anishinabek Nation Education Agreement and to make consequential amendments to other Acts

FIRST READING, October 5, 2017

MINISTER OF CROWN-INDIGENOUS RELATIONS AND NORTHERN AFFAIRS

90855


SUMMARY

This enactment gives effect to the Anishinabek Nation Education Agreement and makes consequential amendments to other Acts.

Available on the House of Commons website at the following address:
www.ourcommons.ca


1st Session, 42nd Parliament,

64-65-66 Elizabeth II, 2015-2016-2017

HOUSE OF COMMONS OF CANADA

BILL C-61

An Act to give effect to the Anishinabek Nation Education Agreement and to make consequential amendments to other Acts

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Short title

1This Act may be cited as the Anishinabek Nation Education Agreement Act.

Interpretation

Definitions

2The following definitions apply in this Act.

Agreement means the Anishinabek Nation Education Agreement signed on August 16, 2017, including any amendments made to it. (Accord)

band has the same meaning as in subsection 2(1) of the Indian Act. (bande)

constitution means a constitution ratified by a participating First Nation in conformity with the Agreement. (constitution)

education means education programs and services of a nature generally provided to students from junior kindergarten to the end of secondary school in Ontario. (éducatifs)

First Nation law means a law made under section 7. (texte législatif autochtone)

participating First Nation means a band that is named in the schedule. (première nation participante)

student has the same meaning as in section 1.‍1 of the Agreement. (élève)

Agreement prevails

3(1)In the event of an inconsistency or conflict between the Agreement and the provisions of any Act of Parliament, or of any regulation made under an Act of Parliament, the Agreement prevails to the extent of the conflict or inconsistency.

Act prevails

(2)In the event of an inconsistency or conflict between the provisions of this Act and the provisions of any other Act of Parliament, or of any regulation made under any other Act of Parliament, the provisions of this Act prevail to the extent of the inconsistency or conflict.

Agreement

Application of Act

4This Act applies to every participating First Nation.

Agreement given effect

5(1)The Agreement is approved, given effect and declared valid and has the force of law.

For greater certainty

(2)For greater certainty, the Agreement is binding on, and may be relied on by, all persons and bodies.

Not a treaty

6The Agreement is not a treaty within the meaning of section 35 of the Constitution Act, 1982.

First Nation laws

7A participating First Nation may, to the extent provided by the Agreement, make laws respecting education that are applicable on its reserve, as defined in subsection 2(1) of the Indian Act.

Education

8(1)A participating First Nation must provide or make provision for education for students to the extent provided by the Agreement.

Transferability

(2)The education provided must, if practicable, be comparable to education provided by the public school system of Ontario, in order to facilitate the transfer of students without academic penalty to and from that school system.

Kinoomaadziwin Education Body

9(1)A corporation without share capital to be known as Kinoomaadziwin Education Body is established to support the delivery of education under this Act.

Powers, duties, etc.

(2)The powers, duties, functions, role and composition of the Kinoomaadziwin Education Body are to be determined in accordance with the Agreement.

Regional Education Council

10(1)A participating First Nation may, with one or more participating First Nations, establish a Regional Education Council, in accordance with the Agreement, to support the coordination and delivery of education.

Powers, duties, etc.

(2)The powers, duties, functions, role and composition of the Regional Education Council are to be determined, in accordance with the Agreement, by the participating First Nations that establish it.

Local Education Authority

11(1)A participating First Nation may establish a Local Education Authority, in accordance with the Agreement, to support it in the exercise of its powers, including the power to make First Nation laws.

Powers, duties, etc.

(2)The powers, duties, functions, role and composition of the Local Education Authority are to be determined, in accordance with the Agreement, by the participating First Nation that establishes it.

General

Indian Act

12On the coming into force of a First Nation law, subsection 114(1) and sections 115 to 117 of the Indian Act cease to apply to the participating First Nation that made it.

Judicial notice — First Nation laws

13(1)Judicial notice must be taken of a First Nation law that is registered in the official registry of laws maintained by a participating First Nation in accordance with the Agreement.

Evidence

(2)In any proceedings, evidence of a First Nation law may be given by the production of a copy of the law, certified to be a true copy by a person authorized by the participating First Nation, without proof of that person’s signature or official character.

Statutory Instruments Act

14A First Nation law is not a statutory instrument for the purposes of the Statutory Instruments Act.

Regulations and Orders

Regulations and orders

15The Governor in Council may make any regulations or orders that he or she considers necessary for the purpose of carrying out the provisions of this Act, the Agreement or other agreements related to the implementation of the Agreement.

Amendment of Schedule

Addition of name of participating First Nation

16(1)The Governor in Council may, by order, add the name of any First Nation to the schedule if he or she is satisfied that the First Nation has, in a manner consistent with the Agreement, ratified the Agreement and has a constitution.

Amendment or removal

(2)The Governor in Council may, by order, amend the schedule to amend or remove the name of a participating First Nation if he or she is satisfied that consent to the amendment or removal was obtained in a manner consistent with the Agreement.

Consequential Amendments

R.‍S.‍, c. A-1

Access to Information Act

17Subsection 13(3) of the Access to Information Act is amended by striking out “or” at the end of paragraph (g), by adding “or” at the end of paragraph (h) and by adding the following after paragraph (h):

  • Start of inserted block

    (i)the council of a participating First Nation, as defined in section 2 of the Anishinabek Nation Education Agreement Act.

    End of inserted block

R.‍S.‍, c. P-21

Privacy Act

2006, c. 10, s. 33(1)

18(1)Paragraph 8(2)‍(f) of the Privacy Act is replaced by the following:

  • (f)under an agreement or arrangement between the Government of Canada or Insertion start any of its institutions Insertion end and the government of a province, the council of the Westbank First Nation, the council of a participating First Nation as defined in subsection 2(1) of the First Nations Jurisdiction over Education in British Columbia Act, Insertion start the council of a participating First Nation as defined in section 2 of the Anishinabek Nation Education Agreement Act Insertion end , the government of a foreign state, an international organization of states or an international organization established by the governments of states, or any institution of any such government or organization, for the purpose of administering or enforcing any law or carrying out a lawful investigation;

(2)Subsection 8(7) of the Act is amended by striking out “or” at the end of paragraph (g), by adding “or” at the end of paragraph (h) and by adding the following after paragraph (h):

  • Start of inserted block

    (i)the council of a participating First Nation as defined in section 2 of the Anishinabek Nation Education Agreement Act.

    End of inserted block

Coordinating Amendments

2013, c. 25

19(1)In this section, other Act means the Yale First Nation Final Agreement Act.

(2)If section 20 of the other Act comes into force before section 17 of this Act, then that section 17 is replaced by the following:

17Subsection 13(3) of the Access to Information Act is amended by striking out “or” at the end of paragraph (h), by adding “or” at the end of paragraph (i) and by adding the following after paragraph (i):

  • (j)the council of a participating First Nation as defined in section 2 of the Anishinabek Nation Education Agreement Act.

(3)If section 17 of this Act comes into force before section 20 of the other Act, then that section 20 is replaced by the following:

20Subsection 13(3) of the Access to Information Act is amended by striking out “or” at the end of paragraph (h), by adding “or” at the end of paragraph (i) and by adding the following after paragraph (i):

  • (j)the Yale First Nation Government, within the meaning of subsection 2(2) of the Yale First Nation Final Agreement Act.

(4)If section 20 of the other Act comes into force on the same day as section 17 of this Act, then that section 20 is deemed to have come into force before that section 17 and subsection (2) applies as a consequence.

(5)If section 23 of the other Act comes into force before subsection 18(2) of this Act, then that subsection 18(2) is replaced by the following:

(2)Subsection 8(7) of the Act is amended by striking out “or” at the end of paragraph (h), by adding “or” at the end of paragraph (i) and by adding the following after paragraph (i):

  • (j)the council of a participating First Nation as defined in section 2 of the Anishinabek Nation Education Agreement Act.

(6)If subsection 18(2) of this Act comes into force before section 23 of the other Act, then that section 23 is replaced by the following:

23Subsection 8(7) of the Privacy Act is amended by striking out “or” at the end of paragraph (h), by adding “or’’ at the end of paragraph (i) and by adding the following after paragraph (i):

  • (j)the Yale First Nation Government, within the meaning of subsection 2(2) of the Yale First Nation Final Agreement Act.

(7)If section 23 of the other Act comes into force on the same day as subsection 18(2) of this Act, then that section 23 is deemed to have come into force before that subsection 18(2) and subsection (5) applies as a consequence.

Coming into Force

April 1, 2018

20This Act, other than section 19, comes into force on April 1, 2018.



SCHEDULE

(Sections 2 and 16)
Participating First Nations

Aamjiwnaang First Nation

Première Nation Aamjiwnaang

Atikameksheng Anishnawbek

Première Nation anishinabe Atikameksheng

Aundeck Omni Kaning First Nation

Première Nation Aundeck Omni Kaning

Beausoleil First Nation

Première Nation Beausoleil

Biigtigong Nishnaabeg

Première Nation anishinabe Biigtigong

Biinjitiwaabik Zaaging Anishinaabek

Première Nation anishinabe Biinjitiwaabik Zaaging

Chippewas of Georgina Island

Première Nation des Chippewas de l’île Georgina

Chippewas of Rama First Nation

Première Nation des Chippewas de Rama

Dokis First Nation

Première Nation Dokis

Henvey Inlet First Nation

Première Nation Henvey Inlet

Long Lake #58 First Nation

Première Nation Long Lake no 58

Magnetawan First Nation

Première Nation Magnetawan

Michipicoten First Nation

Première Nation Michipicoten

Mississaugas of Scugog Island First Nation

Première Nation des Mississaugas de l’île Scugog

Moose Deer Point First Nation

Première Nation Moose Deer Point

Munsee-Delaware Nation

Nation des Munsees-Delawares

Nipissing First Nation

Première Nation Nipissing

Pic Mobert First Nation

Première Nation Pic Mobert

Sheshegwaning First Nation

Première Nation Sheshegwaning

Wahnapitae First Nation

Première Nation Wahnapitae

Wasauksing First Nation

Première Nation Wasauksing

Whitefish River First Nation

Première Nation de la rivière Whitefish

Zhiibaahaasing First Nation

Première Nation Zhiibaahaasing




EXPLANATORY NOTES

Access to Information Act
Clause 17:Relevant portion of subsection 13(3):

(3)The expression aboriginal government in paragraph (1)‍(e) means

Privacy Act
Clause 18: (1)Relevant portion of subsection 8(2):

(2)Subject to any other Act of Parliament, personal information under the control of a government institution may be disclosed

  • .‍.‍. 

  • (f)under an agreement or arrangement between the Government of Canada or an institution thereof and the government of a province, the council of the Westbank First Nation, the council of a participating First Nation — as defined in subsection 2(1) of the First Nations Jurisdiction over Education in British Columbia Act —, the government of a foreign state, an international organization of states or an international organization established by the governments of states, or any institution of any such government or organization, for the purpose of administering or enforcing any law or carrying out a lawful investigation;

(2)Relevant portion of subsection 8(7):

(7)The expression aboriginal government in paragraph (2)‍(k) means


Publication Explorer
Publication Explorer
ParlVU