Bill C-33 (Historical)

First Nations Control of First Nations Education Act

An Act to establish a framework to enable First Nations control of elementary and secondary education and to provide for related funding and to make related amendments to the Indian Act and consequential amendments to other Acts

This enactment provides for the control by First Nations of their elementary and secondary education systems. It establishes a framework to enable First Nations to exercise that control by administering schools situated on their reserves, by delegating the power to administer schools to a First Nation Education Authority or by entering into a tuition or administration agreement. It also creates a right of access to elementary and secondary education to persons of school age who are ordinarily resident on a reserve, establishes the Joint Council of Education Professionals, sets out the roles and responsibilities of the main participants in First Nations education systems and provides for the necessary funding. Finally, the enactment makes related and consequential amendments to the Indian Act, the Mi’kmaq Education Act and the First Nations Jurisdiction over Education in British Columbia Act.

First Nations Control of First Nations Education Act

[The Acting Speaker, Conservative, Bruce Stanton]

Order, please. I am sorry, we have run out of time. I want to give the member for Nanaimo—Cowichan an opportunity to respond to the comments, at least, that are on the record.

[Jean Crowder, NDP, Nanaimo—Cowichan, BC]

Mr. Speaker, I will be brief. What I understood the member to say is that he is reaffirming the fact that the minister will maintain control over first nations education.

[The Acting Speaker, Conservative, Bruce Stanton]

It is my duty pursuant to Standing Order 38 to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Thunder Bay—Superior North, Democratic Reform; the hon. member for Halifax West, Foreign Investment.

Resuming debate, the hon. member for St. Paul's.

[Carolyn Bennett, Liberal, St. Paul's, ON]

Mr. Speaker, improving educational attainment for first nations students is one of the most pressing social justice issues in Canada. It is absolutely fundamental in ensuring the equality of opportunity for first nations in Canada.

Shockingly, still only one third of those living on reserve achieve a high school leaving certificate, compared to 78% for other Canadians. All Canadians should see this gap as totally unacceptable. It is quite clear that the status quo is just not good enough. As the House has heard already, the Auditor General of Canada, in 2011, and the government's own 2012 evaluation of on-reserve education both made it clear that education opportunities and results that are comparable to the Canadian population are not being achieved.

Although first nations have made meaningful strides to improve education themselves, a lack of proper resources and systemic structural problems in the first nations education system have severely limited their progress. Fixing those structural problems must be grounded in a process that is first nations-led, and one that recognizes first nations' inherent and treaty rights.

Unfortunately, the approach of the Conservative government has been rooted in unilateralism and paternalism.

It is currently estimated that it will take nearly 30 years to fix this.

All Canadian children have a right to basic education and for first nations it is the responsibility of the federal government to ensure that access. The unacceptable gaps in educational attainment between first nations people on reserve and the rest of the Canadian population is not only a profound social injustice but represents a huge loss to the Canadian economy. In the economy of the 21st century, access to jobs and even skills training requires a high school and often, post-secondary education. We know youth who graduate high school are twice as likely to find a job as those who do not. Research shows that aboriginal high school graduates have almost the same post-secondary participation rate as non-aboriginal high school graduates.

The Canadian Chamber of Commerce has identified Canada's labour skills shortage as one of the 10 biggest barriers to Canadian competitiveness and the aboriginal population “a huge potential workforce” that we must support more.

Furthermore, the Canadian Council of Chief Executives has clearly stated that the government needs to improve education and skill levels in the aboriginal population and create more opportunities for aboriginal peoples, to enable them to participate fully in the economy.

The Canadian business community now gets it. It believes engaging the aboriginal population in Canada, the youngest and fastest growing population in the country, is fundamental to dealing with an aging population and the current disconnect between worker skills and labour market needs.

The question is, how do we ensure first nations students have the equality of opportunity they deserve and that first nations communities and the Canadian economy benefit from the huge potential of the current generation of aboriginal young people?

It was 10 years ago that first nations, Inuit, and Métis leadership met across the street with provincial, territorial, and federal ministers to begin the process that ended in October 2005 with the Kelowna Accord. Indigenous leadership chose five areas to focus upon: health, education, housing and infrastructure, economic development, and accountability. They divided into working groups and then developed real strategies: what, by when, and how. The necessary budget was determined and the then-Liberal government booked the money in the fiscal framework. For education, a hard target was determined that within 10 years, first nations students would complete high school at the same rate as the Canadian average. The $1.7 billion was booked over five years with the promise that additional resources would be available to meet that target if needed.

Unfortunately, the Kelowna accord was not honoured by this government. Aboriginal youth paid the price, and Canada is worse off as a result.

Liberals know that simply bringing back the Kelowna Accord a decade later is not possible, but we do believe that the true partnership that led to that breakthrough holds the key to improving current education outcomes for aboriginal peoples. We feel that this was a lost decade in that still only one third of first nations students living on reserve are finishing high school.

How do we fix it? Beyond the need to recognize first nations jurisdiction over their own education, we must develop a comprehensive approach to protect language and culture, a mutual accountability framework and adequate, sustainable, and predictable funding. First nations must also be intimately involved in developing every aspect of education reform, not just in terms of legislation and regulation, but any government policy that impacts on the administration of first nations education.

The national panel on the first nations elementary and secondary education for students on reserve set out the key components of what would be needed to effectively improve on-reserve education, as I was reminded on Monday when I met with the chiefs from Quebec. Among its 2012 recommendations was for the federal government and first nations to “Co-create a Child-Centred First Nation Education Act”.

Instead of working in collaboration with first nations to co-develop this legislation, as the panel recommended, the government released a unilateral one-size-fits-all proposal last fall.

This proposed legislation for first nations education was quickly rejected by first nations and educators from coast to coast to coast.

Building on the work of the national panel and the first nations communities, chiefs from across Canada passed a resolution last December setting out five conditions that must be met for any first nations education reform to be acceptable.

That resolution called for: one, the recognition of first nations jurisdiction respect for treaty and rights; two, a statutory guarantee of funding; three, funding for language and culture; four, reciprocal accountability; and five, ongoing meaningful dialogue.

We now have before us Bill C-33, which is the latest attempt by the Conservative government to restructure the on-reserve education system. The December AFN resolution provides an excellent lens to assess whether the bill will actually deliver what first nations have been working toward for the last 30 years, meaningful control over their own education system.

While some people have suggested that Bill C-33 is a good start, first nations have also expressed many concerns about this bill.

In the model proposed by Bill C-33, the Aboriginal Affairs Department becomes a ministry of education, as well as a national school board, and in some cases, actually operates first nations schools.

While the bill has been renamed the first nations control of first nations education act, the bill itself does little in terms of jurisdiction beyond entrenching the delegation of day-to-day management that has already been government policy for the last 30 years.

Many first nations have told me that they are worried about the fact that the body of the bill does not reflect the title or the conciliatory language of the preamble.

Put simply, the bill fails to expressly recognize first nations jurisdiction over first nations education.

Further, first nations are very concerned that the minister retains extensive powers, arguably more power than he currently has under the Indian Act, to intervene in the administration of first nations schools. These excessive powers of the minister include the ability to effectively oppose third party management on first nations education authorities and even disband responsible education authorities based on broad and ill-defined criteria.

The bill should actually enable the transfer of law-making authority to first nations related to education like sectoral self-government arrangements. We have seen this before regarding land management under the First Nations Land Management Act, or for taxation, financial administration, and public financing under the First Nations Fiscal Management Act. It does not.

Furthermore, the minister's discretionary powers are very broad and, for the most part, unnecessary. Those powers should be limited and, in many cases, eliminated.

There is no question that stable and predictable funding, which was announced, confirmed, in budget 2014, is a step in the right direction. This increased funding is particularly welcome given that as recently as January this year, the then minister was denying that there was a funding gap for students attending school on reserve. However, it is completely unacceptable that the government is delaying money to help close the annual per student funding gap until 2016-17. As a result, first nations students on reserve will have to wait at least another two years before the significant funding gap, compared to their provincial counterparts, will even begin to close. This is patently wrong. First nations students should not have to wait one more day for the equitable funding they deserve. The money should have flowed immediately.

I am hearing across the country that people are very concerned that the language and culture funding cannot be stolen from other areas in terms of core curricular activity. Language and culture is essential to the secure personal cultural identity of first nations students, and it is essential to their actually doing well in educational outcomes, health outcomes, and economic outcomes.

There is also some serious concern across the country about the need for funding for special needs students, which unfortunately are in great numbers in the first nations schools. They want to see that the funding is secure, and again, is not coming out of other core funding needs.

Mutual accountability is also an issue. While the accountability will be an important component of effective education reform, that accountability must not amount to responsibilities being downloaded to first nations without the corresponding authority or resources to fulfill them. It should also not include unnecessarily paternalistic oversight powers, exercised by the minister, in Ottawa. First nations expect a truly reciprocal partnership in terms of the evaluation and oversight of a restructured first nations education system.

Bill C-33 does establish a joint council of educational professionals, and the government points to this body as ensuring mutual accountability and oversight of the new system. However, the joint council, ultimately appointed by the Governor in Council, only advises the minister and is answerable to the minister. It is not mutually accountable. It is not accountable to first nations. It is not even a shared governance entity, as are, for example, the First Nations Financial Management Board and the First Nations Tax Commission, and it has no meaningful statutory power. With the exception of its responsibility for carrying out a review of the act and its associated regulations every five years, there are no other specific functions or powers identified in the bill.

First nations have also expressed serious concerns about the makeup of the joint council.

The bill provides the Governor in Council with the discretion to appoint a minimum of five and a maximum of nine members, on the advice of the minister, and only requires one to be nominated by an entity representing first nations' interests. I do not believe that this is first nations control over first nations education. The phrase “entity representing the interests of First Nations” is not properly defined, and the minister also retains the authority to remove members of the body during their five-year term. The potential imbalance in the composition of this body and the vagueness regarding its powers and responsibility undermines its credibility and falls far short of the mutual accountability that first nations rightly expect.

While I understand that there have been some discussions between the government and the AFN about entering into a political protocol to bring clarity on the function of this body, something so fundamental to the legislation should be in the bill itself. There is a need for more creative machinery of government here. What is needed is a responsible and accountable first nations institution to support responsible and accountable local governance and the delivery of quality education services that are adequately funded. The bill should define the powers and functions of this body and address concerns about the broad discretion of the government to appoint its members, and particularly, we are hearing, the chair.

We believe that the bill should ensure that a majority of the members of the joint council are first nations and should mandate that the chair of the joint council be a first nations nominee. The bill should also include a mechanism to ensure appropriate regional representation on the joint council.

Bill C-33 provides the minister with the regulatory authority to determine the extent of the use of a first nations language as a language of instruction. First nations have questioned why the minister finds it necessary to retain that authority.

Questions have also been raised about its potential impact on immersion programs.

Although the minister has stated that Bill C-33 legally supports “the incorporation of First Nation language and culture programming in the education curriculum, including [the ability to administer] immersion in a First Nation language”, there are serious questions about whether regulations, which are yet to be developed, would actually do this.

In terms of the ongoing dialogue that will be essential for improving first nations educational outcomes, the Conservative government's cynical and unilateral approach to aboriginal issues thus far has badly undermined the trust of first nations. This is extremely problematic for the needed good-faith discussions going forward.

There are numerous sections of the bill that are excessively prescriptive, and given that there is no requirement in the legislation for meaningful consultation on regulations and tight timelines, there are very real concerns about whether first nations will be sufficiently engaged in developing those regulations.

We have listened to many concerns of first nations across the country, and in their opinion, the bill only partially meets the five conditions. Moreover, it would actually create a system that is administratively top heavy, which would put excessive power into the hands of the minister. The bill would essentially make the Minister of Aboriginal Affairs and Northern Development the new ministry of first nations education.

Bill C-33 still needs a lot of fundamental work. The bill needs to live up to its title: first nations control of first nations education.

We will continue to work with the government on this, but we believe that, unfortunately, the trust of first nations has been irreparably damaged by the government.

We look forward to a real solution. We will continue to work with first nations and the government on this. This is too important to get wrong.

[Laurie Hawn, Conservative, Edmonton Centre, AB]

Mr. Speaker, my colleague talked about the requirement for adequate funding. I would point out that in the paper accord that was brought out in the dying days of former Prime Minister Martin's government, the Liberals were proposing a 2% cap on funding. That was included in the so-called Kelowna accord. This legislation would replace it with a 4.5% funding escalator to ensure stable and predictable funding. Under the first nations control of first nations education act, funding for elementary and secondary education would increase by $1.9 billion over five years. That is larger than what was proposed under the Kelowna paper accord.

I am glad to hear that the Liberals are willing to work with the government on this to make a good bill even better. Improvements are always welcome.

Some of the rhetoric that is coming from the hon. member is a bit rich, considering some of the things the Liberals did not do in all the time they had, except on their governmental deathbed, when they saw the light and brought in a paper plan, with no implementation plan attached to it at all.

I am glad to hear that they are willing to work with the government to make a good bill even better. I am pleased to hear that the Assembly of First Nations supports Bill C-33 as well.

[Carolyn Bennett, Liberal, St. Paul's, ON]

Mr. Speaker, the member is misinterpreting what the Kelowna accord was. The Kelowna accord took off the 2% cap. The Kelowna accord put in $1.7 billion over five years, with a commitment to renew and to put in as much money as it would take to reach that hard target of first nation students finishing high school at the same rate as the Canadian average. The bill attached to budget 2014 is $1.9 billion over seven years, not $1.7 billion over five years.

This is not a commitment to reach the results we need. If we need more money for culture and education, or language and culture, or special needs, it needs to be there. This is about achieving results. It is not some attempt by the government, before the budget, knowing that the bill was coming forward, to delay the funding for two or three years until it does what needs to be done today, which is to close the gap in the per student per year funding, the same as in the provincial systems.

[Dennis Bevington, NDP, Western Arctic, NT]

Mr. Speaker, I am very interested in the bill as well.

Having spent time on the aboriginal affairs committee, I realize the great depth of the problems in education among first nations. There are the capital requirements to restore a decent education system across those vast, rural, remote communities across the country. Coming from the Northwest Territories, I understand the cost of capitalization for building facilities. We are talking about 600 reserves. The capital cost for a new school is between $50 million and $100 million to get a decent school for people on a reserve. With 600 reserves, many schools every year would need to be brought up to a certain standard that would meet Canadian standards.

Does the member see anything in this bill that would guarantee that when first nations are moving to take over the education system, the Government of Canada, which is responsible for the existing condition of facilities on reserves, would upgrade those facilities for those first nations?

[Carolyn Bennett, Liberal, St. Paul's, ON]

Mr. Speaker, even with the infrastructure needs, which are so extreme, as the member mentioned, we were hoping that the money could have begun to flow in budget 2014.

It is unbelievable. We hope that people will go and visit some of these schools and see the mould, see what is falling down, and see the kinds of needs that are out there. I have been on many reserves where there is nobody in the school, because everyone is sick, because there are 14 people living in one house. Without moving on affordable housing and without moving on all the other infrastructure needs, there is no way we can have these young people being successful.

I encourage the members opposite to visit the first nations in their areas and see the disastrous situations in which these children are being asked to learn. Look at how long it took to get a school in Attawapiskat.

Even in British Columbia, which was this close to getting an accord with the First Nations Education Steering Committee, the government decided at the last minute to put in that it had to do own-source revenue. Many of those first nations are concerned that they do not get that it is the responsibility of the crown to make sure that there is adequate funding for these students to be successful.

As the member noted, it starts with a building and a roof over their heads to do this properly.

[Harold Albrecht, Conservative, Kitchener—Conestoga, ON]

Mr. Speaker, the member for St. Paul's has suggested that under Bill C-33, the Minister of Aboriginal Affairs and Northern Development would have extraordinary powers, but unfortunately, that statement is not true. In fact, under Bill C-33, the Minister of Aboriginal Affairs and Northern Development would have less control over first nations education than the provincial ministers would have over provincial education.

Could the member opposite please explain why, if the minister has such excessive powers, the Assembly of First Nations has endorsed Bill C-33, not once but on two different occasions?

[Carolyn Bennett, Liberal, St. Paul's, ON]

Mr. Speaker, I would encourage the members opposite to understand that taking a provincial approach in terms of a provincial minister of education and applying it to the Minister of Aboriginal Affairs and Northern Development and the first nations of this country is totally inappropriate.

What we are asking for in this bill is for first nations to have control over first nations education. Comparing this new federal minister of education with the provincial minister is even more irritating and shows that the government does not get it. This bill would not give first nations control of their education.

Many people feel that the language in this bill is even more prescriptive than in the Indian Act and that the minister is actually taking all kinds of powers for himself. Even the chair of the committee is not a first nations appointee.

This just will not work. The minister thinks that he is the minister of education, and that is where the problem begins and ends.

[Nathan Cullen, NDP, Skeena—Bulkley Valley, BC]

Mr. Speaker, I have been in actual consultation with first nations across the region that I represent in northern British Columbia, and they are astounded at what they are seeing coming from the Conservative government with respect to education.

One place we can find agreement in this House among all the parties is with regard to the importance of first nations education in terms of achieving the kinds of success that we hope for for all Canadians. We know the statistics. We know the results and the failures that have gone on.

I have a question for my hon. friend across the way. In a number of communities in northern British Columbia and across British Columbia, new programs and new initiatives with greater control from the first nations communities have been under way. These first nations communities have been directing the programming and directing and supporting the types of initiatives that they know will work in their communities. They know best what will work, and they know it much better than the Minister of Aboriginal Affairs and Northern Development here in Ottawa does.

These people are actually on the ground with the students and the families. They know what the challenges are and what the solutions to those challenges might be.

I appreciated many of the comments by for my friend from the Liberal Party. Concerns are being raised, not just by us in the opposition but by first nations education leaders who have read the legislation. They have looked through the act and realize the implications of a consultative body that is appointed by the minister when the minister is not obligated to actually listen to the consultation.

My question is this: if we have had success and if we have started to see initiatives working that are more locally controlled, why, for heaven's sake, would the Conservatives choose this moment in our troubled history with first nations to try to seize more control back to the federal government, rather than support the programs that are working and that by and large have placed control much closer to the communities that are involved?

[Carolyn Bennett, Liberal, St. Paul's, ON]

Mr. Speaker, I could not agree more that there are places in the country where educational leaders have been working diligently for decades and have actually been achieving success. That is certainly true in the member's home province of British Columbia.

That should have been a poster child for the government, in terms of what the first nations education steering committee has been able to achieve.

There is no certainty now, in terms of that agreement and the kinds of progress they have made, because all of a sudden there are new criteria in terms of first nations and their own-source revenue negotiation, which makes no sense. Also, those education leaders do not see any certainty in this bill as to whether they will be able to continue in the way that they have in moving the success rate for their students and in being able to go forward.

In northern Ontario and a number of places across this country, people are saying that this bill does not recognize what they are already doing and where they are successful. It is back to “father knows best” yet again, with the minister telling them what they can and cannot do.

[Mark Strahl, Conservative, Parliamentary Secretary to the Minister of Aboriginal Affairs and Northern Development]

Mr. Speaker, it is a pleasure to have this opportunity to rise and voice my support for Bill C-33, the first nations control of first nations education act.

I have to say I am disappointed that the opposition members have indicated that they will not support this bill. It is an important initiative, and a lot of work has gone into it with first nations, precisely as we have said. We have been working on this legislation with first nations for years. They have been calling for it for decades. As the minister noted, first nations have long called for first nations control of first nations education, dating back as early as a 1972 policy paper on education by the National Indian Brotherhood. It is a principle that has been repeatedly called for in many reports and academic studies since then.

I am proud to be a part of this government, the only government that has heeded these calls for first nations control over first nations education, that has worked with first nations to address their concerns and has moved forward with the introduction of legislation that would, at long last, put an end to the patriarchal and colonial approach to first nations education and would instead put the best interests of first nations children first, respecting that first nations know best how to educate their own children.

Anyone who has read the bill will be able to clearly see that first nations control is at the very core of the bill before us today. However, it has been a long journey to get here. I want to take this opportunity to explain the significance of returning control of first nations education to first nations through force of law. To do so, history must be acknowledged.

The Government of Canada first began to play a role in the development and administration of Indian residential schools in 1874. Throughout this dark chapter in Canadian history, some 150,000 aboriginal children were separated from their families and communities to attend residential schools. While most Indian residential schools ceased to operate by the mid-1970s, the last federally run residential school closed only in the late 1990s.

In 2006, again it was our government and this Prime Minister that announced the Indian residential schools settlement agreement, the largest class action settlement in Canadian history. In 2008, the Prime Minister offered an historic apology to former students of Indian residential schools on behalf of the Government of Canada and all Canadians. The apology acknowledged that the policy of assimilation was wrong, had caused great harm, and had no place in our country.

The legacy of Indian residential schools is still felt today by aboriginal people across Canada. Our government recognizes this, and that is why we have placed such importance on reconciliation and the renewal of Canada's relationship with aboriginal people. First nations control over first nations education is part of the commitment to closing the door on this chapter and moving forward in reconciliation.

Our government is proud of the deeply collaborative approach that has been taken on this important file, and we are seeing the results. From the outset, our government committed to working with first nations to develop a first nations education act. Consultation and engagement with first nations parents, students, leaders, and educators, as well as the provinces, were integral to the development and drafting of the legislation we are talking about here today.

This critical reform of first nations education is informed by discussions that have taken place for decades, including a series of engagement processes over the last several years. I want to highlight some of the important milestones.

In 2011, our government and the Assembly of First Nations jointly launched a national panel on first nations elementary and secondary education. Over the course of five months, the national panel held seven regional round tables and one national round table. Panel members visited 25 schools and 30 first nations communities across Canada, meeting with key individuals and organizations in each region. In its final report, the national panel described education legislation as a fundamental part of an education system. In the words of the national panel, legislation:

...establishes and protects the rights of the child to a quality education, ensures predictable and sufficient funding, provides the framework for the implementation of education support structures and services, and sets out the roles, responsibilities and accountabilities of all partners in the system.

Following the report, our government made a commitment in economic action plan 2012 to put first nation education legislation in place and launched an intensive consultation process in December of 2012.

The consultation process consisted of two stages. First, our government shared a discussion guide with all first nations across Canada. The discussion guide informed first nations of components that could be covered in proposed elementary and secondary education legislation for first nations on reserve. The guide was informed by years of studies, audits, and reports, including the June 2011 status report of the Auditor General of Canada, the 2011 report by the Standing Senate Committee on Aboriginal Peoples, and the 2012 report of the National Panel on First Nation Elementary and Secondary Education for Students on Reserve.

From January to May of 2013, our government engaged first nation parents, youth, educators, provincial partners, and others with an interest or expertise in education through regional consultation sessions across the country. As well, more than 30 video and teleconferences were held, and opportunities, including email submissions and online surveys, were made available to provide additional input.

Areas of interest and concern raised throughout these consultation activities included first nations control over first nations education, funding, the transition to a legislated system, parental involvement in education, language and culture, and aboriginal and treaty rights.

After considering the findings from the national panel and the feedback received through the consultation process, the government developed an annotated outline of the proposed legislation. The blueprint, called “Developing a First Nation Education Act—A Blueprint for Legislation”, was released in July 2013. It was shared with first nation chiefs and councils, first nation organizations, provincial governments, and others with an expertise or interest in first nation education for their feedback.

In October 2013, following additional feedback and comments in response to the blueprint, the government released “Working Together for First Nation Students: A Proposal for a Bill on First Nation Education”.

In addition to posting this draft legislative proposal on the Aboriginal Affairs and Northern Development Canada website, our government shared the draft legislative proposal with more than 600 chiefs and band councils and every first nation community across the country, as well as provincial governments, for their input.

We have undertaken unprecedented and intensive consultations with first nations across this country, which have led to the exchange of open letters and dialogue between the Minister of Aboriginal Affairs and Northern Development and the National Chief of the Assembly of First Nations.

In November 2013, the Assembly of First Nations released an open letter to the Government of Canada asking for collaboration on five issues. These issues included first nation control and respecting inherent and treaty rights, a statutory guarantee for adequate and fair funding for education, support for first nation languages and cultures, jointly determined oversight that respects first nation rights and responsibilities, and an ongoing process of meaningful dialogue.

In December 2013 my colleague, the Minister of Aboriginal Affairs and Northern Development, responded in an open letter with a commitment to address the issues raised. Our government worked with the Assembly of First Nations to address its five conditions for success.

It is in this context that we can understand the importance of the February 7, 2014, announcement by the Prime Minister and the Assembly of First Nations to move forward on first nations primary and secondary education as an historic moment for Canada-first nations relations.

The Prime Minister stood with the National Chief of the Assembly of First Nations and announced an unprecedented $1.9 billion in new funding through three streams: statutory funding with an unprecedented annual rate of growth, transition funding to support the new legislative framework, and funding for long-term investments in on-reserve school infrastructure.

This historic announcement was reinforced through economic action plan 2014, which would ensure stable and predictable funding consistent with provincial education funding models.

In addition to current funding, core transfer funding in the amount of $1.252 billion over three years, beginning in 2016-17, would be implemented through the act and would also increase annually by 4.5%. The core transfer would include funding for language and cultural programing.

This funding responds to one of the five conditions for success set out in a resolution by the Assembly of First Nations, endorsed by Chiefs-in-Assembly in December 2013. While it is important in the context of reconciliation, integrating languages and cultural programs into schools also increases parent and community involvement and supports student success.

As demonstrated by the name, first nations control is the central principle upon which this proposed legislation is based. It would recognize the ability and responsibility of first nations to educate their students. It would recognize the importance of treaty and aboriginal rights, which are protected by the Constitution, and it would not apply to first nations who are taking part in existing comprehensive or sectoral self-government agreements that cover education.

When our government announced our intention to introduce legislation, we made it clear that the partnership does not end with the introduction of a bill. Going forward, through the creation and role of the joint council of education professionals as proposed by this bill, Canada and the Assembly of First Nations would continue to explore ways to further engage first nations as part of the commitment to respecting first nations control over first nations education.

This partnership with the first nations, as I said, does not end with the introduction of this bill. The Minister of Aboriginal Affairs has extended an invitation to the AFN to work on a political protocol to establish how the members of the joint council would be chosen. This would ensure meaningful input from first nations and elaborate on how the joint council would work with first nations to develop the act's regulations. The government looks forward to continuing our partnership with the AFN in developing this political protocol.

Full implementation of the proposed legislation would occur in steps over a three-year period; from royal assent, to coming into force, and the application of the first and second sets of regulations. First nations and all Canadians would have the opportunity to continue engaging during this parliamentary process.

In addition, if and when this bill receives royal assent, our government will work with first nations to ensure that there is a smooth transition for communities and first nations education organizations, and has committed the funding to do so.

The proposed legislation would ensure first nations control of first nations education while establishing a legislative framework that sets out standards consistent with provincial standards off reserve, standards that are common to students across Canada.

The act would establish five core standards: access to education, a recognized certificate or diploma, certified teachers, a minimum number of instructional hours and instructional days, and transferability of students between systems without penalty.

For example, the act would require that first nations schools teach a core curriculum that meets or exceeds provincial standards and that students meet minimum attendance requirements. It would require that teachers are certified and that first nations schools award recognized diplomas or certificates.

All other decisions on standards would be made by first nations who would control the schools. Specific details that support standards would be contained in the regulations. As part of the announcement on education in February, our government and the Assembly of First Nations agreed to collaborate on the development of these regulations.

The choice of which governance model to pursue would be up to each individual first nation. While the Government of Canada would be encouraging the development of aggregates through the creation of first nations education authorities, each first nation would have to make the determination on which governance option would best address the educational needs of their students while meeting the standards as laid out in the legislative framework. First nations could choose to continue to operate schools directly, establish or delegate their authority to operate schools to a first nations education authority, or enter into agreements with provincial school boards to operate on-reserve schools.

First nations students, parents, families, communities, schools, teachers, and administrators would all have roles and responsibilities in the implementation of the act, as would governments, the joint council of education professionals, and first nations educational organizations.

The proposed legislation would establish clear structures, roles and responsibilities, service delivery standards, and accountabilities in a measurable way. It would introduce a system of rigour and accountability that has not existed in the past.

The joint council of education professionals would support this approach through its robust oversight role, its review of annual reports, and its advice to the minister on how to respond to the findings of school inspections. Further, its role would support first nations councils and first nations education authorities in the improvement of their education system, as well as the oversight role of ensuring that the ministerial powers provided by the act are exercised with the benefit of the first nations perspective and used only as a last resort.

Results on the achievement of standards would be monitored and reported on regularly by the responsible education authority selected by the first nations community. Where required, school success plans would set out how to improve performance. These reports would be overseen by the joint council of education professionals, which would make recommendations to the minister when further steps are necessary to protect student well-being.

Under exceptional circumstances and as a last resort, the minister may appoint a temporary administrator after seeking advice from the joint council of education professionals. This provision would only be exercised in exceptional circumstances, such as where inspection reports have not been submitted, significant issues have been revealed, or there is significant risk to student well-being and success. The joint council would also conduct a review of the legislation after five years.

Members would be chosen for their recognized experience and education and their knowledge of education in first nations communities. As previously mentioned, the minister is committed to concluding a political protocol with the AFN to establish an appointment process for the joint council.

The joint council of education professionals is a key change to the draft legislative proposal shared in October 2013. It responds directly to first nations concerns about the unilateral authority of the minister to intervene in the administration of first nations education. I would also like to note that we agree with National Chief Shawn Atleo that Bill C-33 is not a replacement for self-government, but, rather, a bridge to support first nations in establishing their own first nation-controlled education systems that respond to their own traditions and priorities.

What we all agree on is that every child in this country has a right to a quality education no matter where he or she lives in Canada. We can also agree that despite the best efforts of countless parents, teachers, and communities, too many first nations children are being left behind. We stand behind the consultation and engagement process that supported the development of Bill C-33. Our government conducted extensive consultation activities, which allowed for a fruitful dialogue with first nations organizations and individuals on the content of the proposed legislation.

The historic way forward with the Assembly of First Nations is reflective of this constructive exchange with first nations. I am proud of the deeply collaborative approach that we have taken on this file. Working closely with first nations we have reached an historic agreement on education, something that has been desperately needed for generations. Bill C-33 represents an important step forward together. We will continue to focus our energies to work even harder now to ensure improved outcomes for first nations students on reserve. Every child in this country has a right to a quality education no matter where he or she lives.

To quote National Chief Shawn Atleo, “This work is simply too important to walk away and abandon our students to the next round of discussions...” I urge my colleagues on all sides of the House to support the speedy passage of Bill C-33 to create a first nations-controlled system of first nations education in Canada.

Bill C-33—Notice of Time Allocation Motion

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, I would like to advise that an agreement could not be reached under the provisions of Standing Order 78(1) or 78(2) with respect to the second reading stage of Bill C-33, An Act to establish a framework to enable First Nations control of elementary and secondary education and to provide for related funding and to make related amendments to the Indian Act and consequential amendments to other Acts.

Under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of the proceedings at the said stage.

The House resumed consideration of the motion that Bill C-33, An Act to establish a framework to enable First Nations control of elementary and secondary education and to provide for related funding and to make related amendments to the Indian Act and consequential amendments to other Acts, be read the second time and referred to a committee.