Assented to 2017-12-14
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:
Marginal note:Short title
2 The 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
First Nation law means a law made under section 7. (texte législatif autochtone)
- participating First Nation
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)
Marginal note: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.
Marginal note: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.
Marginal note:Application of Act
4 This Act applies to every participating First Nation.
Marginal note:Agreement given effect
5 (1) The Agreement is approved, given effect and declared valid and has the force of law.
Marginal note:For greater certainty
(2) For greater certainty, the Agreement is binding on, and may be relied on by, all persons and bodies.
Marginal note:Not a treaty
Marginal note:First Nation laws
8 (1) A participating First Nation must provide or make provision for education for students to the extent provided by the Agreement.
(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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note:Indian Act
Marginal note: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.
(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.
Marginal note:Statutory Instruments Act
Regulations and Orders
Marginal note:Regulations and orders
15 The 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
Marginal note: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.
Marginal note: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.
Access to Information Act
Coming into Force
Marginal note:April 1, 2018
20 This Act, other than section 19, comes into force on April 1, 2018.
Aamjiwnaang First Nation
Première Nation Aamjiwnaang
Première Nation anishinabe Atikameksheng
Aundeck Omni Kaning First Nation
Première Nation Aundeck Omni Kaning
Beausoleil First Nation
Première Nation Beausoleil
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
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
AMENDMENTS NOT IN FORCE
— 2022, c. 9, s. 2
2 Subsection 3(2) of the Anishinabek Nation Education Agreement Act is replaced by the following:
(2) Subject to subsection (3), 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.
(3) The provisions of the Anishinabek Nation Governance Agreement Act prevail over the provisions of this Act, and of any regulation made under this Act, to the extent of any inconsistency or conflict between them.
- Date modified: