First Nations Jurisdiction over Education in British Columbia Act (S.C. 2006, c. 10)

General

Marginal note:Judicial notice of individual agreements

26 Judicial notice shall be taken of each individual agreement.

Marginal note:Judicial notice of First Nation laws

• 27 (1) Judicial notice shall be taken of First Nation laws.

• Marginal note:Evidence of First Nation laws

  (2) A copy of a First Nation law purporting to be deposited in the public registry of First Nation laws referred to in an individual agreement is evidence of that law and of its contents, unless the contrary is shown.

Marginal note:Statutory Instruments Act

28 For greater certainty, First Nation laws are not statutory instruments within the meaning of the Statutory Instruments Act.

Marginal note:Federal Courts Act

29 For greater certainty, no body established by this Act or by a First Nation law is a federal board, commission or other tribunal as defined in subsection 2(1) of the Federal Courts Act.

Marginal note:Notice of court or tribunal proceedings

• 30 (1) A party in any proceeding before a court or tribunal shall serve notice in writing on the Attorney General of Canada and the participating First Nation of any issue raised by that party in respect of

  • (a) the interpretation or validity of an individual agreement; or

  • (b) the validity or applicability of this Act or of a First Nation law.

• Marginal note:Content of notice

  (2) A notice shall identify the proceeding in which the issue arises, state whether it arises in relation to paragraph (1)(a) or (b), give particulars of the point to be argued and, if a date has been fixed for argument, give the date.

• Marginal note:Attachments

  (3) A notice shall be accompanied by copies of all pleadings and other documents pertaining to the issue that have been filed with the court or tribunal.

• Marginal note:Time of service

  (4) A notice shall be served within seven days after the issue is first raised by a party to the proceeding, whether in the initial pleadings or otherwise, and the issue may not be argued sooner than 14 days after service unless the court or tribunal allows a shorter period.

• Marginal note:Participation in proceedings

  (5) In any proceeding to which subsection (1) applies, the Attorney General of Canada and the participating First Nation may appear and participate with the same rights as any other party.

Orders and Regulations

Marginal note:Orders in council

• 31 (1) The Governor in Council may make orders and regulations that are necessary to implement individual agreements entered into after the day on which this subsection comes into force.

• Marginal note:Regulation- making authority

  (2) The Governor in Council may make regulations to establish standards for buildings and equipment, and the inspection of buildings and equipment, used by schools administered under this Act.

Consequential Amendments

Access to Information Act

32 [Amendment]

Privacy Act

33 [Amendments]

34 [Amendment]

Coming into Force

Marginal note:Order in council

Footnote ^*35 The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.

• Return to footnote ^*[Note: Act in force November 22, 2007, see SI/2007-91.]