An Act respecting the powers of the Mi’kmaq of Nova Scotia in relation to educationMi’kmaq Education ActMi’kmaq Education19986
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M-7.6241998Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:Short Title
Short titleThis Act may be cited as the Mi’kmaq Education Act.
Interpretation and Application
DefinitionsThe definitions in this section apply in this Act.Agreement means the agreement between Her Majesty the Queen in right of Canada and the Mi’kmaq Bands in Nova Scotia with respect to education, signed on February 14, 1997. (convention)band means a band within the meaning of the Indian Act. (bande)community means a band that is named in the schedule. (communauté)constitution means a constitution in relation to education adopted by the council of a community that is in conformity with the provisions of Schedule D to the Agreement. (constitution)council, in relation to a band or community, means the council of the band or community as referred to in the Indian Act. (conseil)member, in relation to a community, means a person whose name appears on the band list maintained for the community in accordance with the Indian Act or who is entitled to have that name appear on the band list. (membre)reserve means a reserve within the meaning of the Indian Act. (réserve)
Legal capacityFor the purposes of this Act, a community shall act through its council.Majority voteFor greater certainty, paragraph 2(3)(b) of the Indian Act applies in respect of the powers of the council of a community under this Act.
PurposeThe purpose of this Act is to enable communities to exercise jurisdiction in relation to education, as provided in the Agreement.
Application of ActThis Act applies to every community for which a constitution is in effect.
Powers and Duties of Communities
Legislative powerA community may, to the extent provided by the Agreement, make laws applicable on the reserve of the community in relation to primary, elementary and secondary education.Legislative power — post-secondary supportA community may make laws in relation to the administration and expenditure of community funds in support of post-secondary education, as provided by the Agreement, for members of the community wherever resident.
Programs and servicesA community shall, to the extent provided by the Agreement, provide or make provision for primary, elementary and secondary educational programs and services for residents of its reserve.TransferabilityThe educational programs and services so provided must be comparable to programs and services provided by other education systems in Canada, in order to permit the transfer of students to and from those systems without academic penalty to the same extent as students can transfer between those other education systems.
Community education boardsA community education board established by the laws of the community may carry out any powers conferred on it by those laws or by resolution of the council acting pursuant to section 7.
Enactment of lawsLaws of a community shall be enacted in the manner provided by its constitution.PublicationThe council of a community shall publish a law not later than thirty days after its enactment in a manner that affords a reasonable opportunity to members of the community resident on the reserve to become aware of it.Public accessThe council of a community shall make copies of the laws of the community and of its constitution available at its office for public inspection during normal business hours, and Mi’kmaw-Kina’matnewey shall make copies of the laws and constitutions of all communities available for public inspection at its office during normal business hours.EvidenceIn any proceedings, evidence of a law of a community may be given by the production of a copy of the law, certified to be a true copy by a person authorized by the community, without proof of that person’s signature or official character.Statutory Instruments Act not applicableThe Statutory Instruments Act does not apply in respect of the laws of a community.
Mi’kmaw-Kina’matnewey
Corporation establishedA corporation without share capital to be known as Mi’kmaw-Kina’matnewey is hereby established for the purpose of supporting the delivery of educational programs and services under this Act.DirectorsThe chiefs of the communities are the members of the corporation and together constitute its board of directors, and the board may provide, by by-law or otherwise, for the management and conduct of the affairs of the corporation.Application of Canada Not-for-profit Corporations ActFor greater certainty, Part 19 of the Canada Not-for-profit Corporations Act applies to the corporation and, in the application of section 160 of that Act to the corporation, a reference to members shall be read as a reference to directors.1998, c. 24, s. 10; 2009, c. 23, s. 333
Indian Act
Indian Act not applicableSections 114 to 122 of the Indian Act do not apply to a community or its members.
Amendment of Schedule
Addition of band to scheduleThe Governor in Council may, by order, add to the schedule the name of any band of Mi’kmaq in the province of Nova Scotia if the Governor in Council is satisfied thatthe council of the band has, in a manner consistent with the Agreement, authorized the Agreement to be signed on behalf of the band; andthe Agreement has been signed on behalf of the band.Deletion of community from scheduleThe Governor in Council may, by order, delete the name of a community from the schedule if the Governor in Council is satisfied that the council of the community has, in a manner consistent with the Agreement, authorized the withdrawal of the community from the Agreement.Effective date of amendmentWhere the council of a band or community, during the twelve-month period ending on June 30 in any year, authorizes the signing of the Agreement or withdrawal from the Agreement, the amendment to the schedule adding the name of the band or deleting the name of the community shall be made effective on April 1 of the following year.
Coming into Force
OrderSubject to subsection (2), this Act comes into force, or shall be deemed to have come into force, on a day to be fixed by order of the Governor in Council.Section 10Section 10 comes into force on a day to be fixed by order of the Governor in Council following adoption by the chiefs of the bands named in the schedule of a resolution for the establishment of Mi’kmaw-Kina’matnewey.[Note: Act in force April 22, 1999, see SI/99-44.]
(Sections 2, 12 and 13)Acadia BandAnnapolis Valley BandBear River BandChapel Island BandEskasoni BandGlooscap First NationMembertou BandPaq’tnkek BandPictou Landing First NationShubenacadie First NationWagmatcook BandWhycocomagh First Nation1998, c. 24, Sch.; SOR/2005-275; SOR/2011-190; SOR/2014-132