Madam Speaker, back in December I asked the Minister of Indian Affairs and Northern Development a question relating to a specific Indian band regarding education funding and non-payment of bills.
I am not on a witch hunt, but this is a serious problem and it is not just localized. It is a problem right across the country. The crux of the matter is that Indian bands are allocated federal funds earmarked for education costs. School districts in my riding and other ridings are contracted to deliver education to these children. Education is provided by the bands. Some pay and some do not and this is what is creating the problem.
The federal minister has refused to make the Indian bands pay their debts. School districts as a consequence, some in my riding and some in other ridings, are owed millions as a result and have no recourse.
When the last master tuition agreement expired in 1992, school boards and bands were encouraged to enter into local education agreements under which bands would purchase services for their status, on-reserve students, using the federal grant provided for tuition.
At first the existence of such an agreement was a prerequisite to the band's receipt of federal funds. Later the federal government commenced direct funding under which a band could elect to receive tuition directly whether or not an LEA was in affect. Boards were expected to invoice such bands. Some paid and some did not. The receivables in some school districts grew and this of course was the crux of my question.
Boards were advised by the ministry to work on relationships and that eventually payment would come. They were informed that, “A recent judgment by the B.C. Supreme Court necessitates that DIAND take steps to ensure this funding is consistently directed to the purpose for which it was appropriated”.
In a letter from the provincial minister to my school board regarding INAC funding, it states that, “INAC expects its school districts will invoice bands and that it is working with these first nations to resolve any unpaid tuition accounts and to ensure that payment to school districts continues”. The letter goes on to say, “School districts are encouraged to bill the bands as soon as possible. The ministry is continuing to work with INAC regarding the funding of first nations students”.
On March 1, 2002, Indian and Northern Affairs Canada wrote to all first nations in the B.C. region that for fiscal year 2003 a signed local education agreement outlining terms and schedules for tuition payment must be in place before the DIAND would be able to place provincial school tuition funding in first nations funding agreements.
Reference was made to this and I repeat, “A recent judgment by the B.C. Supreme Court necessitates that DIAND take steps to ensure this funding is consistently directed to the purpose for which it was appropriated”. I feel that is the job of the minister to ensure that.
A letter from Kevin Langlands, B.C. special adviser to the minister, stated that, “Concerning tuition arrears, outstanding, up to and including March 31, 2002, I anticipate that this issue will be resolved by July 31, 2002”.
The problem is far from resolved. Senior levels of government have a clear duty to make financially whole the school boards who have been providing educational services to these aboriginal students. School boards must not be left to borrow funds, incur interest costs, and spend scarce education dollars on legal fees chasing questionable legal remedies for non-payment and late payment of tuition fees.
If the federal government has made unconditional grants to bands and paid out money that it should have paid to the province and thus to the school boards, that is not the fault of the school board or of the students.
I wish to ask the minister, is the minister washing his hands of this type of debt?