Education Jurisdiction Ratification

First Nation Jurisdiction Over Education Ratification and Pre-implementation Process

Ratification Process

The ratification process starts once the Seabird Island ‘s appointed negotiator accepts an offer from Canada. After that point, Canada will send funds to Seabird Island to support the ratification process.

Seabird Island Band members will vote on the Canada-First Nation Education Jurisdiction Agreement (Jurisdiction Agreement) and Education Law-Making Protocol.
Chief and Council are responsible for approving the Canada-First Nation Education Jurisdiction Funding Agreement (Funding Agreement).

Seabird Island will inform Canada once it has successfully completed the ratification process. Then, Canada will take the final steps to ratify the agreements on their part.
Once Canada ratifies the Jurisdiction and Funding Agreements they will initiate budget transfers for governance funding and the parties will sign
the agreements.

Lastly, Canada will pass an Order in Council to recognize the First Nation as a Participating First Nation (PFN).
On the effective date, the PFN will begin exercising jurisdiction over education.

Overview of Jurisdiction

Jurisdiction recognizes Seabird Island’s law making authority over their education system from K4 -grade 12. This will allow the First Nation to pass laws regarding their education system that are in the best interest of their communities and members.

Scope of Jurisdiction

Seabird Island will be able to exercise jurisdiction in all areas of K4 -grade 12 education on their land in accordance with a Canada-First Nation Education Jurisdiction Agreement.

Some areas of authority will be jointly exercised with other participating First Nations through the First Nations Education Authority (FNEA).

These include:

• Teacher Certification
• School Certification
• Graduation Requirements Curriculum, and course approvals

Entering Into Jurisdiction

In order for Seabird Island to enter into jurisdiction, the community must first provide their approval by ratifying the Canada-First Nation Education Jurisdiction Agreement (Jurisdiction Agreement) and the First Nation’s Education Law-Making Protocol. After a First Nation completes the ratification process, it will assume control over its education system and begin to exercise its jurisdiction.

Frequently Asked Questions:

How does the First Nation ratification process work?
A First Nation completes the ratification process by having the community approve the Jurisdiction Agreement and the Education Law-Making
Protocol through a community vote.
In order for ratification to be successful, [50% plus 1]of those who cast a vote must vote in favour of the agreement and the protocol.

Does [50% + 1} of the entire community have to vote in favour for ratification to be successful?
No. The entire community has to be given the opportunity to vote, but [only 50% +1] of those who actually cast a ballot have to vote in favour for ratification to be successful.

What happens if ratification is unsuccessful?
In the event that ratification is unsuccessful, the First Nation will not be able to enter into jurisdiction. If that happens, the First Nation may attempt to ratify the agreement and the protocol again through another vote, or choose not to pursue jurisdiction.

For more information please contact:
Education Jurisdiction Ratification Coordinator
Patricia.raymond@seabirdisland.ca