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Master Education Agreement (2017)

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Master Education Agreement (2017) ö AN/ON Draft March 29,2017 MASÏER EDUCATION AG REEMENT.. ;'1, BETWÉEN: 'r,,jiij ,..:,, . .;. .lti :ijt:¡.,,. ;:,,;r11,'::: i' TþIE ANISHINABEK FIRST '(the''nAnishinabek First -AND- i', I ::l l'; t.: t '). , ¡: THE KINO TION BODY, . .i .,. .. .:: ',. (the "KEBll) '- r . t 1 , :- - ,r , i..,:i i l. :.; , .. I .. ,t., ..t, ,1. , ..,, ,t by. .t \j . ) "Parties') " Page 1 of45 I AN/ON Draft March 29,2017 Table of Gontents Part 1 : Definitions and lnterpretation ......... 5 Definitions .............. 5 6 Part 2: Shared Vision .¡¡..¡....¡.¡..r 7 Part 3: Objectives P art 4= Princi ples of the Relationshi p........... I Part 5: The E I :,1,: The Anishi 9 The First Nations 9 Regional Education Councils 10 The Kinoomaadziwin Education Body ........... I I The Provinçially.-Fnnded ¡r¡¡,t,,¡..r.¡.¡¡...,.....,........ I 4 Roles and Responsibilities of Boards. Part 6: Relationship Between the 16 How the Parties Will with 16 Connections h¡ cation and the Provincially- Fun.ded "'.'?i:i:: Joint Master ;t..,.i.'.;,;:.r... ; ii......; ¡,ri.......................... I 6 ParlT: 18 nd Transi(ions ..,.,,, ¡,,.t.r.¡.¡,. ¡¡ ¡i.. :.................,.......,.. 1 8 20 21 Culture a 21 Curriculum D ent 22 Professional and Leadershi p Development 23 Enhanced Engagement and Relationships 23 Anishinabek Education System and School Board Relationships 24 Granting of Diploma .............. 26 Part 8: Data and lnformation Sharing 27 Page 2 of 45 , AN/ON Draft March 29;2017 Part 9: Research ...¡..,¡¡i..r.¡.,........i....:.t.......28 'Research by the Parties.... Third Party Research..,r.¡..¡..,i... Fart 10: lmplementation and. Evaluation of this:Agreer-nênt..i;r;......¡:,.¡¡';¡;;;;.....:..;.;.;29 'Part 1.1: Targeted lnitiatives and,lnvestrnents .i.:;r:.:.,..'..i;.i...:¡...ii...;..;..,..à..i....,.......,..,,. 30 P.art 12: Matters for Future Negptiati.o-n'Sl,....;;;.r.;i.;...i.i....... ,¡.¡ ;:;¡;.¡.,i,;...,......... "...; 31 Part 13: General Provisions ............. 31 Aboriginal and Treaty Rights 31 Fiduciary Relationship between Canada and h¡ First Nations ....31 -. ¿ -. ... ..:..r¿ : ;': No'Råètrictions' l j .;i. 1 3l 1!. r.'. :. : t :"'' ;. ii'.:l - 'j :,:.,.iï.lii:;i:.!. I:i Ii| |l i lr:. .' Ë nti fe Ag feement ;i:.¡. ;.... ; l Ji i. i,;.,¡. i.r.rt.¡ ¡ ;.;:.it'...i'.....;¡.'.. ¡'r.:i.¡ ¡..i'.. .",¡i:.,¡;r ¡:r .;. 32 ..::,'i::,',1..I;': i ,' 'i.:':' Indeterminate Term ....:......32 Ameridments r;¡¡.:¡..',,. i.;'¡ r;..' l.:¡,¡i ¡';., ; li.., ¡.',:..:.'. ;i..;ii : ;.i ¡..í,i. .. i;.. ;. 32 !: . ,' : r.,..,:. : ,'l.ll , Additional.-ir'. ..r- Parties r......:..!i¡.:::.,.i .33 Withdrawal of,a First,Nation .".¡" ¡;. ¡i,.;.t........¡;;.;.'.... i. 34 Termination .............. 34 Governing Law;.. :. No lmplie.d 34 No Assignment 35 tsn 35 35 35 Noti 35 Part 14: D 36 Roster of Arbitrators 37 Notice 37 .-..;...37 Costs of Mediation or Arbitration Continuing Obligations 40 Page 3 of 45 AN/ON Draft March 29,2017 Part 15: Communications ........ 40 Part 16: Reporting and Accountability 40 Part 17: Confidentiality ............41 Part 18: Schedules to this Agreement........ SCHEDULE rrA"- Anishinabek Nation First Nations.'......'... ....'............'.-42 SCHEDULE "8"- Process for Termination of the Agreement 43 PREAMBLE 1. WHEREAS Ontario acknowledges that the nabek F ons have negotiated and ratified the Anishinabek Education ent with 2. 3. 4. 5. 6. Education Framework Agreement in November 2015 setting out the objectives, scope, principles, and processes for the conduct of the negotiation of this Agreement; 7. AND WHEREAS Ontario is committed to reconciliation in partnership with lndigenous Peoples; Page 4 of 45 AN/ON Draft March 29,2017 8. AND WHEREAS the Parties will nurture and foster student success and well- being through knowledge sharing and respect for Bimaadziwin and Kendaaswin; 9. AND WHEREAS the Parties are committed to continuing the relationship based on mutual respect, recognition, collaboration, and clarity on roles and responsibilities for education; 10.AND WHEREAS the collaboration of Anishinabek First , Ontario and Canada is important in assisting the Anishinabek Fi ns to realize their objectives in the areas of education from junior rten to grade 12. NOW, THEREFORE, the Parties agree as follows Part 1: Definitions and lnterpretation 3a inabek Education Graduation Diploma" means the document I completion of the diploma requirements as nabe F¡ rst Nations; "Bim hinabek histories, cultures, perspectives, languages, "Data and lnformation Sharing Agreement" means the agreement described in Part 8: of this Agreement and does not form part of this Agreement; "Education Acf'means the Education Act, RSO 1990, c E.2; "Education Services Agreement" means an agreement made pursuant to sections 185 or 188 of the Education Act; Page 5 of 45 AN/ON Draft March 29,2017 "Effective Date" means the date that the Anishinabek Nation Education Agreement comes into legal effect under federal legislation; "Joint Master Education Agreement Committee" means the committee established by the Parties and as described in Part 5: of this Agreement; "Kendaaswin" means traditional Anishinaabe knowledge passed down from one generation to the next through ceremonial teachings; "Kinoomaadziwin Education Body" means the entity, or cessor, described in Part 5: of this Agreement as established un Anishinabek First Nation education laws; "Local Education Authority" means the entity su bed in Part 5: of this Agreement as established the Anishi t Nation education laws; "Multi-Year Action Plan" means the plan rt 10: of this reement Agreement and does not form part of this Agreement. lnterpretation 1.2 ln this Agreement, (a) headings or subheadings are for convenience only, and do not form a part of this Agreement, and in no way define, limit, alter, or enlarge the scope or meaning of any provision; Page 6 of 45 AN/ON Draft March 29,2017 (b) a refêrence to.a. law includes.any,portion of that law and,everyi: amendment to it, every regulation or any portion of the regulation, and any order made under it and any law enacted in substitution, or inreplacementofit; :: 'I'' (c) any reference to a directive includes any'portion of that directive, (d¡"..t' u nless othéñ¡üiöe ileè¡Í'fiomL the context, singular is used, i! atlg the E-,IYTI includes the ,tl,ft, . l¡ ¡:. (e unless rhe the use word :::.¡1 ::'l:i, use äf the tt= I NG means but limited (f) unless from the a reference to part, section, r,,-: a part, secti nor ìi the, sucI tha!, de-pending on the co also mgan A ás well as B lso as well as B as well as C, and the wo nse meaning A and B and C but not the lntention that, unless tÈ¡s Agreement provr e as practicable once the nt becomes.of lhe essence and "may" is , ., rmlssrve .l. u clear from the context, a reference to a specific prog support, or similar document or activity includes any program, service;'support; document or activity established in substitution or in replacement of it. Parl2: Shared Vision 2.1 Our vision is a new relationship between the Anishinabek First Nations and Ontario that supports Anishinabek student success and well-being in the Page 7 of 45 AN/ON Draft March 29,2017 An is h i nabek Ed ucatior,r' System and Provi ncial ly-Fu nded Education System. l Part 3: Objectives 3.1 , ,The objectives of this Agreement are to:. 1: 1,' (a) realize the shared vision for student success well-being that ,:i .:, ri,, ::râddresses physical, mental, gmotiongl, a ,welf -being; .'i '.i,:r'r k First Nations, the Kinoomaadziwin Education Body, a Boards; ': : Ii' .': ,"1 ' ' : ' .. ;ìr'i , ,(c) ,enhance opportun ities for the n of students, fqmilies, a4d es to and well-being; 'ihcrease i (d) knowled un of Bimaadziwin..::'' Kendäaswi n and Anishi First Nations'schools , . li, and schoo d on System; Anishi choo n the inciaíly-F ündéd Education and .ì! .. ..: I : (f) on and monitôr the.ongoing dards n Anishinaþek First Nations'schools ..,,,,., . i,¡:ì, .Funded Educatio Systg Part la nship 4.1 The uct themselves as full and equal partners so as to promote nstrate: o cooperation and collaboration ; (b) open communication; and (c) good faith and mutual respect. â.t No legal obligations are created by section 4.1. Page I of 45 AN/ON Draft March 29,2017 4.3 The Parties recognize and respect the various rotes and reSponsi,bilities of, the educational entities established under the laws of the Anishinabek First "" ' Nations and the laws'of Ontario. : 'i ::'': .. ., , . r. j ' : ,,.: Part' 5: :The,Ed ucat¡on S.¡¡stems and Thei,r' Relation5h i p. 5.1 This Part describes the Anishinabek Education System and the :rr:. ..Provinciallyrpuï'6.6 Education System forthe of ,estab"lrishin g and '';,; rJ¡¿i:i{taining'.¡6lationsh,ips¡ ;,..i. .it':.: , .. :j t:l 'a t".a The Anishinabek Education Svstem .r- ,;.j;l;_-.,.;,,:,::rii:. ¡','.r;r . : 1,.:;t:;:,1; ;.i. ¡ i li.i j .rt 5.2,. ;, ; The An is h [n3 bek !d r¡cation,:$yçtem, is k First Nations education laws purs hinabglq, Agreement. 5.3,The.AniqhinabekEduçati e Anishinaþek First Nations, the Local Education Au ucation,Gounc¡ls and the Kinoomaadziwin Edu ,:'1:'", :'i r;.'j.i,i.,i.,., :;¡: .!.' . 'r:- ii "'ir...¡j.',,"r.': 5.4 The currqnt out i n 'SYistqm,,is,'set Schedule B. of th n ,System may change The First Nations 5.5 t Nation education laws, each Anishinabek First tion rs respons or ensure the delivery of edu cation rams services to its members on-reserve; and a Local Education Authority to support its exercise of power and. other authority under the Anishinabek Nation Education Agreement. The powers, duties, functions, roles, and composition of the,Local Edueation Ar¡thority,will, be determined by that First Nation. Page 9 of 45 AN/ON Draft March 29, 2017 Reqional Education Gouncils 5.6 Under Anishinabek First Nations education laws, the Anishinabek First Nations may establish Regional Education Gouncils to support the coordination and delivery of education orì--rêsêrVe.and relationships with ,, adjacent School Boards.
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