Bill C-599

3rd Session, 40th Parliament,

59 Elizabeth II, 2010

house of commons of canada

BILL C-599

An Act respecting the development and implementation of a First Nations education funding plan

Whereas the Department of Indian Affairs and Northern Development’s funding of First Nations programs and services, including education and infrastructure, has been capped at 2% since 1996 despite significant demographic and inflationary growth;

Whereas the existing funding formula for education was established in 1988 and does not reflect or address existing realities;

Whereas there is an inequity between the education and infrastructure programs, services and funding available to First Nations students and schools and the programs, services and funding available to other Canadian students and schools due to the inadequate funding and antiquated funding formula;

And whereas it is recognized that post-secondary education contributes to individual and communal development in modern states;

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

SHORT TITLE

1. This Act may be cited as the First Nations Education Funding Plan Act.

DEFINITIONS

2. The following definitions apply in this Act.

“funding plan” means the First Nations education funding plan described in section 4.

“Minister” means the Minister of Indian Affairs and Northern Development.

FUNDING PLAN

3. Within 90 days after this Act comes into force, the Minister shall consult the First Nations regarding the creation of a funding plan.

4. No later than six months after the end of consultations, the Minister, in cooperation with the First Nations, shall develop a funding plan that both respects the demographic growth of the First Nations and is based on a revised funding formula that takes into account all the cost factors — particularly those specific to the reality of the First Nations — and indexation factors.

5. The funding plan shall include

(a) the measures to be taken to ensure predictable, adequate and long-term funding of First Nations primary and secondary education;

(b) the measures needed to facilitate universal access to post-secondary education for First Nations students;

(c) the measures to be taken to ensure that educational infrastructures meet provincial construction standards for educational establishments, including with respect to the facilities and space required;

(d) the objectives to be met in terms of First Nations enrolment rates; and

(e) the terms and conditions for allocating funding to the First Nations.

6. The Minister shall without delay publish the funding plan in the Canada Gazette and by any other means the Minister deems indicated, and interested parties shall have 30 days from the publication of the plan to present their observations on it.

TABLING OF FUNDING PLAN

7. (1) The Minister shall cause a copy of the funding plan, together with any observations mentioned in section 6, to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the deadline set out in that section.

(2) Once tabled in the House of Commons, the funding plan shall be referred to the Standing Committee of the House that normally considers matters related to First Nations members. The Committee shall table its report within 90 days or within such further time as may be authorized by the House.

8. The Minister shall implement the funding plan within six months after the tabling of the report described in subsection 7(2).

REGULATIONS

9. The Minister may make regulations prescribing any matter or thing that by this Act is to be or may be prescribed.