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Matrimonial Real Property on Reserves

July 22, 2015

Matrimonial Real Property on Reserves

“It’s about women and men living on reserves getting the same rights and protections as every other Canadian.”

-the Honourable Kerry-Lynne Findlay, Minister of Revenue, National Revenue. SourceSource: Minister of Aboriginal Affairs and Northern Development Bernard Valcourt, holds a news conference to make an important announcement regarding the Family Homes on Reserves or Matrimonial Interests or Rights Act

In collaboration with First Nation people, communities and groups, Aboriginal Affairs and Northern Development Canada (AANDC) developed legislation to address a long-standing and unacceptable legislative gap regarding matrimonial real property on reserves. The legislation called the (PDF)Family Homes on Reserves and Matrimonial Interests or Rights Act (Act) received Royal Assent on June 19, 2013. At Royal Assent, sections 54 and 55 of the Act came into force. The first part of the Act – the First Nation law-making mechanism – came into force by Order in Council on December 16, 2013

The provisions in the Act that provide for the enactment of First Nation laws respecting on-reserve matrimonial real property came into force on December 16, 2013. The provisional federal rules in the Act, are in force on December 16, 2014, after a twelve-month transition period. The provisional federal rules will fill the legislative gap in the absence of a First Nation’s own laws enacted either under this or other federal legislation. Matrimonial Real Property on Reserves