Common use of Exercise of Jurisdiction Clause in Contracts

Exercise of Jurisdiction. The parties recognize PFN’s jurisdiction over education on PFN land. This jurisdiction extends to non-member students who attend the PFN’s school(s). • The PFN agrees to provide kindergarten to grade 12 education to eligible students attending the PFN’s school(s). The PFN will also pay for the education of eligible students who are enrolled in a public school or an independent school. o An “eligible student” must be resident on PFN land (i.e. PFN reserve) and must be either: (a) 4 to 21 years old and enrolled in kindergarten to grade 12, or (b) at least 18 years old and enrolled in an adult education program that is funded under the BC Tripartite Education Agreement (BCTEA) or its successor. • The PFN also agrees to provide education to students attending the PFN’s school(s) who live: (a) off-reserve, subject to receiving reciprocal tuition from the Province, and (b) on another First Nation’s reserve, subject to receiving funding from or on behalf of that other First Nation. • The PFN must provide the parents of non-member students with mechanisms for providing input into decisions that directly and significantly affect the rights of non-member students or their parents. These mechanisms must be included in the PFN’s education law. • The PFN will provide education that supports the transfer of students to and from other schools. • The Jurisdiction Agreement confirms the legal status of the PFN and obliges the PFN to exercise its authority in a manner consistent with the Jurisdiction Agreement, the PFN’s education laws and the PFN’s education law-making protocol. • The PFN’s education law-making protocol must include procedures for: passing and amending education laws, challenging the validity of those laws, amending the protocol itself, and addressing conflicts of interest. • The PFN has the authority to pass education laws applicable on PFN land in relation to the education it provides, which includes the authority to do other things as may be necessarily incidental to the exercise of that jurisdiction. • The PFN may delegate its law-making authority to the First Nations Education Authority (FNEA). The PFN may delegate its other duties (other than law-making) to another legal entity.