Get Involved in Jurisdiction

FNESC provides a variety of supports for First Nations that are considering assuming jurisdiction over K4-12 on-reserve education.

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). 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

Step 1:

Confirm your Nation meets the required criteria to become an Interested First Nation (IFN)

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.

Step 2:

Pass a Band Council Resolution to become an IFN

To be eligible to be 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.

Step 3:

Pass Second Band Council Resolution to become a Committed First Nation (CFN)

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.

Step 4:

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.

Step 5:

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 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.

Step 6:

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