Order Bringing Individual Agreements with First Nations into Effect, pursuant to the First Nations Jurisdiction over Education in British Columbia Act

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Title or working title of the regulatory initiative

Order Bringing Individual Agreements with First Nations into Effect

Enabling act(s)

First Nations Jurisdiction over Education in British Columbia Act

Description

Indigenous peoples' diverse histories, worldviews, languages and cultures are often not reflected in the education system and the current system continues to displace Indigenous youth from their families, leading to a further breakdown of the continuity of culture within Indigenous communities. First Nations across Canada have long sought recognition of the right to self-determination over the education of their members on their lands. Improving education for Indigenous peoples through agreements with federal, provincial and territorial governments is an important step on the path of reconciliation by advancing Indigenous interests, fostering self-determination, and closing socio-economic gaps.

Negotiations regarding education jurisdiction began in 1995 between Canada, British Columbia and the First Nations Education Steering Committee. In 2006, the parties signed the Education Jurisdiction Framework Agreement, and subsequently Canada enacted the First Nations Jurisdiction over Education in British Columbia Act (the Act). These instruments provide a negotiating framework for education jurisdiction agreements and funding agreements, as well as a legislative foundation for their implementation.

In 2021, concluded negotiations of a co-developed model sectoral self-government, Canada-First Nation Education Jurisdiction Agreement, with the First Nations Education Steering Committee and negotiating First Nations in British Columbia. Through these agreements, law-making authority of signatory First Nations in the area of K-12 education on reserve is recognized; as a result, signatory First Nations are able to develop their own education curricula, graduation requirements, teacher certification, and school certification in harmonization with provincial standards.

Once these agreements are fully executed, a regulatory Order in Council is submitted to bring them into effect and give them force of law, adding the participating First Nations to the schedule to the act.

Of the First Nations currently involved in the initiative, 7 are exercising education jurisdiction and 15 are engaged in discussions with the First Nations Education Steering Committee and Canada with a view to implementing jurisdiction in future years.

Potential impacts on Canadians, including business

There are no expected impacts on businesses or Canadians as the proposed regulations will enable specific First Nations which have entered into agreements with Canada to assume self-government jurisdiction over K-12 education on their lands. The effect of the proposed regulations will be limited to those First Nations that have opted into agreements with Canada. Ultimately, improved educational outcomes and self-determination for Indigenous peoples will have a positive impact on Canadian society more broadly.

Regulatory cooperation efforts (domestic and international)

The assumption of jurisdiction by First Nations is consistent with Article 14 of the United Nations Declaration on the Rights of Indigenous Peoples, which recognizes their right to establish and control their own systems of education. The proposal aligns with the province of British Columbia's Declaration on the Rights of Indigenous Peoples Act and Canada's Bill C-15, An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples, predicated on Indigenous peoples' inherent right to self-determination and self-government and, among other things, provides that Indigenous Peoples have a right to control their own educational systems in a manner consistent with their cultures and traditional practices.

The education jurisdiction agreements brought into force by these regulations are bilateral agreements between Canada and individual First Nations. The province of British Columbia has separate bilateral agreements with participating First Nations and brought forward their own legislative changes to make it possible for the province to provide operational support for the new teacher certification and regulation process.

Consultations

In 2006, Canada signed the Education Jurisdiction Framework Agreement with British Columbia and the First Nations Education Steering Committee and subsequently enacted the act. The negotiation mandate included 24 First Nations but the number of active negotiating First Nations has never exceeded 15. In 2021, Canada concluded negotiations with 13 First Nations in British Columbia. Given that the education jurisdiction agreements are with specific First Nations, it is not considered necessary to undertake consultations over and above those already conducted by the First Nation with its members.

The First Nations Education Steering Committee engages with First Nations operating schools in British Columbia and has clear instructions publicly available for First Nations interested in joining the initiative. There are 15 interested First Nations actively seeking an opportunity to participate. In future, Crown-Indigenous Relations and Northern Affairs Canada intends to seek a new negotiation mandate that reflects the composition of the next identified cohort or a broader group of First Nations operating schools in British Columbia.

There are existing sectoral education agreement holders in other parts of the country: An Agreement With Respect to Education in Nova Scotia (Mi'kmaq Education Acts) and the Anishinabek Nation Education Agreement ( Anishinabek Nation Education Agreement Act). Engagement took place with these groups and it was determined that there are no adverse effects on existing education sectoral agreement holders in other parts of Canada.

Further information

Not applicable.

Departmental contact information

Corey Dekker
Director of Negotiations
Vancouver Island Team
Negotiations West Branch
Treaties and Aboriginal Government Sector
Tel.: (604) 364-8687
Email: corey.dekker@rcaanc-cirnac.gc.ca

The date the regulatory initiative was first included in the Forward Regulatory Plan

March 2023

Find out more

Consult Crown-Indigenous Relations and Northern Affairs Canada's Laws and Regulations web page for:

Consult the following for links to the Cabinet Directive on Regulation and supporting policies and guidance, and for information on government-wide regulatory initiatives implemented by departments and agencies across the Government of Canada:

To learn about upcoming or ongoing consultations on proposed federal regulations, visit:

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