Bill 214 2016

An Act to amend the Education Act to provide for agreements to create regional Aboriginal school boards

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

   1.  (1)  The definition of "board" in subsection 1 (1) of the Education Act is repealed and the following substituted:

"board" means a district school board, a school authority or a regional Aboriginal school board; ("conseil", "conseil scolaire")

   (2)  Subsection 1 (1) of the Act is amended by adding the following definition:

"regional Aboriginal school board" means a regional Aboriginal school board created by an agreement under section 188.1; ("conseil scolaire autochtone régional")

   2.  The Act is amended by adding the following section:

Agreements re creation of regional Aboriginal school board

   188.1  (1)  The purpose of this section is to provide for agreements to create one or more regional Aboriginal school boards.

Same

   (2)  If a band, the council of a band or an education authority so requests, and if the band, the council or the education authority is authorized by the Crown in right of Canada to provide education for Indians, the Crown in right of Ontario, represented by the Minister, may enter into an agreement for the purpose of creating a regional Aboriginal school board.

Parties

   (3)  The parties to an agreement shall be,

  (a)  the Crown in right of Ontario;

  (b) the Crown in right of Canada; and

   (c)  the band, the council of a band or the education authority.

Boundaries

   (4)  A regional Aboriginal school board's boundaries shall be the boundaries set out in the agreement, and for greater certainty its area of jurisdiction may overlap with the area of jurisdiction of an existing board.

Board members

   (5)  The members of a regional Aboriginal school board shall be elected from among the members of any band that is party to the agreement or that participated in incorporating the education authority that is party to the agreement.

Powers and duties of board

   (6)  Subject to anything to the contrary in the agreement, a regional Aboriginal school board has the same powers and duties as a board under this Act.

Language, programs and courses of instruction

   (7)  A regional Aboriginal school board may,

  (a)  determine the instructional units to be conducted in one or more Aboriginal languages within the board; and

  (b)  establish and maintain programs and courses of study related to Aboriginal peoples and history.

Regulations

   (8)  The Lieutenant Governor in Council may make regulations respecting any matter necessary or desirable for the implementation of this section.

Agreement

   (9)  The Minister shall initiate negotiations with the Crown in right of Canada for the purpose of ensuring that matters relating to regional Aboriginal school boards are included in the "Memorandum of Agreement Respecting Welfare Programs for Indians".

Non-derogation

   (10)  For greater certainty, nothing in this section shall be construed so as to abrogate or derogate from the protection provided for the existing aboriginal and treaty rights of the aboriginal peoples of Canada as recognized and affirmed by section 35 of the Constitution Act, 1982.

Commencement

   3.  This Act comes into force six months after the day it receives Royal Assent.

Short title

   4.  The short title of this Act is the Education Amendment Act (Regional Aboriginal School Boards), 2016.

EXPLANATORY NOTE

The Bill amends the Education Act to permit the creation of one or more regional Aboriginal school boards. An agreement to create a regional Aboriginal school board could be requested by a band within the meaning of the Indian Act (Canada), the council of a band within the meaning of that Act or an education authority within the meaning of the Education Act. A regional Aboriginal school board would have the same powers and duties as a board under the Education Act unless the agreement creating it provides otherwise.