This webpage is designed for use by your First Nation, if they wish to consider assuming jurisdiction over K4-12 on-reserve education and join the Education Jurisdiction Initiative.
The steps below reflect the requirements set out in the Education Jurisdiction Initiative Terms of Reference and the Model Canada – First Nation Education Jurisdiction Agreement, (Jurisdiction Agreement). Note, the documents referenced below can also be found on FNESC’s Jurisdiction – Resources webpage.
If you have any questions about the process below, please contact FNESC’s jurisdiction coordinator at email@example.com.
Steps to becoming a Participating First Nation
1. Step One – Confirm your Nation meets the required criteria to become an Interested First Nation (IFN)
In order to be eligible to be an IFN, you must:
- have, or have confirmed funding for, a First Nation School for students in K4 to grade 12 (or some of these grades) on its reserve land.
2. Step Two – Pass BCR to become an IFN
In order to become an IFN, you must:
- pass a band council resolution indicating your Nation’s interest in exercising jurisdiction over education. A template IFN band council resolution can be found here.
3. Step Three – Pass Second BCR to become a Committed First Nation (CFN)
In order to become a CFN, you must:
- pass a second band council resolution, and forward to FNESC, confirming your Nation’s request for an offer from Canada and confirming the name of the appointed negotiator. A template CFN band council resolution can be found here.
4. Step Four – Review and accept offer from Canada to become an Accepted Offer First Nation (AOFN)
Once a First Nation becomes a CFN,Canada will provide the Nation with an offer document that sets out the funding available to the First Nation if they enter jurisdiction. Then the CFN must:
- the offer document;
- the Jurisdiction Agreement; and
- the Canada – First Nation Education Jurisdiction Funding Agreement.
- Once reviewed and approved, your Nation’s negotiator must send the accepted offer document to Canada.
5. Step Five – Complete ratification process to become a Ratified First Nation (RFN)
Once your Nation becomes an AOFN it will have to complete the following steps to become an RFN:
- create a ratification workplan, with three requirements, and submit to Canada. A sample ratification workplan, which includes a list of the requirements, is under development and is coming soon;
- complete an Education Law-making Protocol, which has the required elements, to be voted on. Two models have been developed which meet all of the requirements – Model A and Model B;
- prepare for your Nation’s ratification vote by informing members of:
- their right to vote and how to vote;
- content of the Law-making Protocol; and
- content of the Jurisdiction Agreement.
- Chief and Council must pass a band council resolution:
- establish a minimum age of voters, who are entitled to vote;
- determine minimum voting threshold for approval (must be at least 50% + 1 of those who cast a vote);
- conduct ratification vote by way of secret ballot, where members vote to approve:
- the Jurisdiction Agreement; and
- your Nation’s Law-making Protocol.
A template ballot question can be found here.
- Note: while it is not a required step at this time, it is highly recommended that Chief and Council review the Canada – First Nation Education Jurisdiction Funding Agreement prior to conducting the ratification vote to ensure they are prepared to sign it if the ratification vote is successful.
6. Step Six – Complete final steps to become Participating First Nation (PFN)
Once your Nation has successfully ratified both your Jurisdiction Agreement and Law-making Protocol, then your Nation must:
- inform Canada of the ratification results; then
- Chief and Council must:
- sign the Law-making Protocol;
- sign the individual Jurisdiction Agreement;
- sign the Canada – First Nation Education Jurisdiction Funding Agreement
After your Nation completes all the required steps to become a PFN, it must then start to begin to implement jurisdiction. See the Next Steps for Ratified First Nations for further implementation steps.