Vol. 139, No. 19 — September 21, 2005

Registration
SOR/2005-275 August 31, 2005

MI'KMAQ EDUCATION ACT

Order Adding the Bear River Band to the Schedule to the Mi'kmaq Education Act

P.C. 2005-1523 August 31, 2005

Whereas the Governor in Council is satisfied that the council of the Bear River Band has, in a manner consistent with the Agreement, authorized the Agreement to be signed on behalf of the band on June 9, 2003, and that the Agreement was signed on behalf of that Band on November 28, 2003;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development and the Treasury Board, pursuant to subsection 12(1) of the Mi'kmaq Education Act (see footnote a), hereby makes the annexed Order Adding the Bear River Band to the Schedule to the Mi'kmaq Education Act.

ORDER ADDING THE BEAR RIVER BAND TO THE SCHEDULE TO THE MI'KMAQ EDUCATION ACT

AMENDMENT

1. The schedule to the Mi'kmaq Education Act (see footnote 1) is amended by adding the following after item 2:

2.1 Bear River Band

COMING INTO FORCE

2. This Order is deemed to have come into force on April 1, 2004.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Order.)

Description

Background

The Mi'kmaq Education Act, S.C. c. 24, 1998 brought into force the Agreement with Respect to the Mi'kmaq Education in Nova Scotia (hereafter referred to as "the Agreement") signed February 14, 1997, between the Government of Canada and the participating Mi'kmaq Bands of Nova Scotia. The legislation gives signatory First Nations in Nova Scotia jurisdiction in the area of education in accordance with the Agreement. Parallel legislation, the Mi'kmaq Education Act, S., N.S., was established by the Province of Nova Scotia in April, 1999.

Both Acts grant participating communities to the Agreement the authority to make laws about primary, elementary and secondary education on reserve as provided for in the Agreement. These participating communities may also make laws with respect to the administration and expenditure of community funds in support of post secondary education for members of the community as provided for in the Agreement.

Both Acts allow for the addition to the Schedule of Mi'kmaq First Nations in Nova Scotia by the respective Governors in Council at the federal and provincial level when the following conditions are met:

— the First Nation Band Council has passed a Band Council Resolution authorizing the signing of the Agreement;

— the Agreement is signed by the Chief of the Band Council on behalf of the Band; and

— the Band Council notifies the Minister responsible for education for the Province of Nova Scotia of the Band's desire to be included on the schedule.

The Bear River Band, by Band Council Resolution, dated June 9, 2003, authorized the Chief of the Bear River First Nation to sign the Agreement and notified the Province of Nova Scotia of the Bear River Band's desire to be included on the Schedule of participating communities. The Agreement was signed on behalf of the Band on November 28, 2003.

In addition, signatory First Nations to the Agreement require a community constitution that establishes fair, open and transparent legislative, regulatory and administrative processes that are consistent with the standards generally in place for other education systems in Canada and that reflect Mi'kmaq traditions, values and culture. The Bear River Band adopted an education constitution that met those requirements by Band Council Resolution, dated June 9, 2003.

Purpose

This regulatory Order adds the Bear River Band to the Schedule to the Mi'kmaq Education Act, S.C. 1998 and gives the Band community level jurisdiction over education as established in the Agreement.

Participating First Nations are responsible for the education of children living on reserve who attend a band or provincially operated school. At present, the Bear River Band has only one band operated school on reserve for early elementary and after school programs for youth with the majority of children attending off-reserve provincial schools.

The Agreement provided for the establishment of a corporation, the Mi'kmaw Kina'matnewey (MK), which has been charged with policy and administrative functions in support of education services. This regulatory Order will allow the Bear River Band access to the Mi'kmaw Kina'matnewey educational system which supports present band and provincially operated schools on reserve in Mi'kmaq communities. The Benefits section of this document provides information on how access to the MK education system will support and improve the present Bear River education system.

The regulatory Order in Council is to be made effective on April 1 of the year immediately following the previous June 30 where the council of a Band or community has authorized the signing of the Agreement as established in the Mi'kmaq Education Act. The Bear River Band authorized the signing of the Agreement on June 9, 2003, thereby making the effective date of the regulatory Order in Council April 1, 2004.

The Province of Nova Scotia will proclaim an Order in Council, pursuant to subsection 8(1) of the Mi'kmaq Education Act, S. N.S., 1999, c. 17 adding the Bear River Band to the Schedule of that legislation upon notification of approval of this regulatory Order.

The amendment to the Mi'kmaq Education Act, S.C. 1998 Schedule is made pursuant to subsection 12(1).

Alternatives

There are no alternatives to amending the Schedule of the enabling legislation. The status quo would prevent the Bear River Band from having jurisdiction over education as established in the Agreement.

Benefits and Costs

Costs

Currently, the Bear River Band receives community education funding from the Department of Indian and Northern Affairs Canada (INAC) through contributions to cover the costs of providing primary, elementary, secondary and post secondary education programs and services. The addition of the Bear River Band as a participating member to the Agreement will not result in increased fiscal costs to the department or to central agency sources. Costs will be covered by existing INAC funding levels. While the amount will remain the same, funding will be provided through a grant instead of a contribution. This change was approved by Treasury Board decision # 831795 which authorized an increase to the Grant for Mi'kmaq Education in Nova Scotia in the 2004-2005 and 2005-2006 Supplementary Estimates. Future grant levels have been adjusted to reflect this change.

Benefits

The Bear River Band has determined that participation in the Agreement will provide a number of key benefits for their community members and students. In brief, this means the community can benefit from the wide range of policy, research, and program initiatives and administrative services provided by the MK. For example, the MK assists the community in developing an annual strategic and organizational plan to support educational planning whereby community priorities and resource needs are identified. In addition the band will have access to primary, elementary, and secondary Mi'kmaw/Miigmao language courses and culturally relevant post secondary programming partnerships such as the Mi'kmaq College Institute, at Cape Breton University, which develops, expands and implements Mi'kmaq programs and services such as the Elmitek, the Mi'kmaq Science Advantage Program and the new Bachelor of Science Community Studies degree. In addition, some courses are available in the communities themselves. For example, the communities of Eskasoni, Membertou and Wagmatcook offer courses in linguistics, Mi'kmaq history, and Aboriginal and Treaty Rights.

A June 2004 study entitled, "An Assessment of the Impact of the Mi'kmaw Kina'matnewey Self-Government Agreement on the Improvement of Education for Participating Mi'kmaw Communities" highlighted the following successes:

— improved preservation of the Mi'kmaw/Miigmao languages, culturally relevant programming and increased high school graduation for MK communities (eg. from 1991 to 2001, the percentage of persons without high school certificates has decreased 17.6 percentage points (59.9% to 42.3%) for MK First Nations while decreasing 10 percentage points (68.9% to 58.9%) for all on-reserve Registered Indians);

— increased emphasis on local governance that promotes a community-based educational focus designed to meet local needs;

— a support mechanism for services such as the development of core Mi'kmaw language curriculum, the study of special education needs in Nova Scotia, the development of a Capital plan and strategy focussed on needs assessment in the area of educational facilities;

— MK staff being recognized as significant regional leaders able to influence the provincial education systems, regional and national initiatives and;

— the establishment of post-secondary programming partnerships for MK communities that support a robust self-determining response to self government through appropriate human resources and labor market development.

Consultation

Community consultations with the Bear River members took place during the months of April 2003 to June 2003. Information about the purpose and consequences of becoming participating members of the Agreement was made available at community meetings during the same period. Written material in the form of postings in public places, information packages, articles/ information in local newspapers, the Halifax Herald and the Mi'kmaq Maliseet News, were also available. In addition, community members were given the opportunity to express their opinions directly to the Chief and/or Band Councillors. Community members could write to the Chief and/or the Band Council or any of its members or could speak at public meetings. Based upon the response of band members to the question, "Do you want the Band Council to sign the education agreement with Canada?", a community consensus existed in favour of the signing of the said Agreement. A Band Council Resolution, dated June 9, 2003, confirmed that community consultations had taken place and that the Chief and Band Council of the Bear River Band were satisfied that Band members were properly and adequately informed regarding the purpose and consequences of participating in the Agreement in the area of education.

Compliance and Enforcement

There are no compliance mechanisms associated with this regulatory Order in Council.

Contact

Tom Keagan
Manager, Programs
Indian and Northern Affairs Canada
Atlantic Region
Telephone: (902) 661-6340
FAX: (902) 661-6237
E-mail: keagant@inac.gc.ca

Footnote a

S.C. 1998, c. 24

Footnote 1

S.C. 1998, c. 24

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