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 jurisdiction2@fnesc.ca.

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:

• review:
  • 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.