BILL NO. 4

1st Session, 57th General Assembly
Nova Scotia
47 Elizabeth II, 1998

Government Bill

Mi'kmaq Education Act

The Honourable Robert S. Harrison
Minister of Education and Culture

First Reading: May 26, 1998

Second Reading: October 22, 1998

Law Amendments Committee: October 28, 1998

Committee of the Whole House on Bills: November 12, 1998

Third Reading: November 17, 1998 (NO AMENDMENTS)

Be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Mi'kmaq Education Act.

2 The purpose of this Act is to give effect to the Agreement respecting the jurisdiction of the Mi'kmaq of the Province over education.

3 In this Act,

(a) "Agreement" means the agreement dated February 14, 1997, between "The Mi'kmaq Bands in Nova Scotia", Her Majesty in right of Canada and Her Majesty in right of the Province;

(b) "band" means a band within the meaning of the Indian Act (Canada);

(c) "community" means a band that is named in the Schedule to this Act;

(d) "Minister" means the Minister of Education and Culture;

(e) "reserve" means a reserve of a band that is named in the Schedule to this Act.

4 This Act applies to a community for which a constitution is in effect.

5 (1) A community may, to the extent provided by the Agreement, enact laws applicable on its reserve respecting primary, elementary and secondary education for residents of the reserve.

(2) Where there is a conflict between laws enacted pursuant to subsection (1) and any other law respecting primary, elementary or secondary education in the Province, the laws enacted pursuant to subsection (1) prevail.

6 (1) A community shall, to the extent provided by the Agreement, provide or make provision for primary, elementary and secondary education programs and services to all residents of its reserve.

(2) The educational programs and services provided by a community must be comparable to the 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 the transfer of students between those other educational systems.

7 (1) Laws of a community enacted pursuant to subsection 5(1) shall be enacted in the manner provided by its constitution.

(2) Laws enacted pursuant to subsection 5(1) are not regulations within the meaning of the Regulations Act.

8 (1) The Governor in Council may, by order, add to the Schedule the name of a band if the council of the band has, in a manner consistent with the Agreement, authorized the Agreement to be signed on behalf of the band, the Agreement has been signed on behalf of the band and the council of the band has so notified the Minister.

(2) The Governor in Council may, by order, delete the name of a band from the Schedule if the council of the band has, in a manner consistent with the Agreement, authorized the withdrawal of the band from the Agreement and so notified the Minister.

(3) An order of the Governor in Council made pursuant to this Section has effect on and after the April 1st immediately following the July 1st immediately following the day the Minister is given notice pursuant to this Section.

9 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.