Ministere de la Justice .- Canada Bureau regional du Ou?bec (Ottawa) Tour St-Andrew Piece 6026 284, rue Wellington Ottawa (Ontario) K1A 0H8 ?7 Department of Justice LL Canada Sq Quebec Regional Office (Ottawa) St-Andrew's Tower - Room 6026 284 Wellington Street Ottawa (Ontario) K1AOH8 T?l?phone (613) 946-2219 Telephone (613) 946-2219 T?l?copieur (613) 952-6006 Telecopier: (613) 952-6006 eric.gingras@iustice.gc.ca BY EMAIL AND FAX September 10, 2014 13' i3 are (3. rt": I 3,754 Me Zachary Davrs . 1_ c3 . -. {If Legal Inc. i 204 Saint-Sacrement Street - Egg K3 Montreal (Quebec) H2Y 1W8 SUBJECT: Assembly of First Nations of Quebec and Labrador al. ,vs. AANDC Court File No. T-448-14 Dear confrere: Further to your Request for Material under Rule 31 mentioned ?le, we wish to provide you with a - Nations Control of First Nations Education Act. 7 of the Federal Courts Rules in the above- opy of the attached document entitled Bill First Yours truly, Me Eric R. Gingras Senior Counsel Encl. BILL CIS-X, FIRST NATIONS CONTROL OF FIRST NATIONS EDUCATION ACT Thisdocument identi?es the substantive amendments to the October 201 education legislative proposal. Sections identi?ed as having draft bill" will not be subject to substantive amendments to th does not preclude minor adjustments to wording or tone. 3 draft of the First Nations ?No changes from the October 2013 wording or intent of the section. This Long Title (No change from the October 2013 dra Nations governance of eiementary and secondary to make related amendments to the (Wise Act. ft bill): An Act to establish a framework for First ducation and to provide for related funding and Short Titie (Amended): First Nations Control of First Nations Education Act. Preamble (New addition): to be drafted jointly with-the AFN. Interpretation (Amended to include the Joint Council) ?Joint Council of Education Professionals" to be de?ned speci?cally by the drafters, but will be an appointed council (ranging between five and nine appointees) ofeducation professionals including First Nation educators, who are responsible for advising the Minister on regulation deveIOpment, reviewing annuai reports and recommending corrective action, where needed. General (No change from the October 2013 draft bit!) This section includes the non?derogation clause, which acknowledges the protections for Aboriginal and treaty rights that exist'under section 35 of the Constitution Act, 1982. It provides an exemption from. the act for self-governing First Nations that have jurisdiction over education. This section ensures that the certi?cate or diploma issued to First Nation students is one that will be widely recognized by universities. colleges and employers. This section allows First Nations to pass bylaws extending the mandatory attendance ages and sets a default date of December 31 to determine age of student registration. Governance {agreements resoectino Tuition and Administration of Schools (No change from the October 2013 draft bill) Community Participation (Amended) This section will require that elders, parents and students be making processes in their community?s education. Ogtionai Activities {No change from the October 2013 draft bill) meaningfully involved in the decision mount for using educational materials and school equipment. Administration by a First Nation Education Authom (Amended to referenceuthe role of the Joint Council) Persons Not Ordinarily Resident On Reserve (No change from the October 2013 draft bill) This section allows a First Nation to createlbylaws allowing non?residents to attend schools on- reserve. Home Schooling (No change from the October 2013 draft bill) This section allows parents to home school their children in accordance with the requirements under this act. School Operations Services (No change from the October 2013 draft bill) This section requires the responsible education author ity to maintain property and liability insurance and to provide services prescribed by regulation. Director of Education (No change from the October 2013 draft bill) This section requires a responsible eduCation authority to em the roles and responsibilities of the director. It clari?es that a member of a council of a First Nation that is involved in the ploy a director of education, and details education director cannot sit as a administration of the school. Principal (.No change from the October 2013 draft bill} Compliance with Act (Amended to reflect the role'of the Joint Council) This section allows the Minister to require, with the advice of the Joint Council. a responsible education authority to hire a special advisor to develop and implement a ptan to address de?ciencies identi?ed by the Inspector?s report. This section allows the Minister to appoint. as a last resort. and with the advice of the Joint Council, a quali?ed temporary administrator under speci?c circumstances. . This section also requires that a ppropriate staff Cooperate with the temporary administrator in carrying out their mandate. This section requires the temporary administrator to submit a report to the Joint Council. the edu t' a non authority, and the Minister at the end of the administrator?s mandate and recommend This section allows the Minister. the advice of the oint Council, to revoke a designation of a First Nation education authority. Funding (Amended to reference language and culture funding) Liability (No change from the October 2013 draft bill) This section prevents the federal crown from being sued as a third party for any act or omission performed as part of the implementation of this act. Bylaws (No change from the October 2013 draft bill) This section requires the council of a First Natio to provide any person with a copy of the bylaw of a bylaw. to publish its bylaws publicly, requires the council on request, and allows the court to take judicial notice Regulations (Amended to clarify that First Nations will participate in developing the regulations, and include and reflect the role of the Joint Council) This section outlines the regulations that will be develo section will be amended to include the Joint Council. Review (Amended to reflect the role of the Joint Council) This section requires a review of the implementation and effectiveness of the legislation every ?ve years. The review will be led by the Joint Council. . Transitional Provisions (No change from" the October 2013 draft bill) with the same standards as other First Nation schools under this act time as the community selects another option for school administration. The control of any additional First Nation schools undert This section also details the provisions of the Indian Act that will continue to apply for the purpose of self-governing First Nations. Related Amendments to the Indian Act (No change from the October 2013 draft bill) This section will repeal provisions of the lndian Act related to residential schools. C'oming?lnto?Force (No change from the October 2013 draft bill) This section allows for the Act to come into force as established by Order in Council. 1 C?Ldr if?; v1, 4.