Matrimonial Real Property: Changes coming December 16
CURVE LAKE, ON – On December 16, 2014, Matrimonial Real Property laws are set to change for First Nations across Canada with the coming into force of the second element of the Family Homes on Reserves and Matrimonial Interests or Rights Act, the Provisional Federal Rules. These interim rules are intended to ensure that families living on reserves have access to similar matrimonial rights and interests as those living off reserve.
The Act received Royal Assent on June 19th, 2013, and on December 16, 2013, the first element of the Act came into effect, which relates to the ability of First Nations to enact their own MRP law based on their own customs and traditions. As of December 16, 2014, the Provisional Federal Rules will come into effect on most First Nations, with some exceptions.
The Provisional Federal Rules outline a number of rights and protections that will be available for individuals living on reserve, such as the ability to obtain an Emergency Protection order that can grant exclusive occupancy for one individual in a common-law relationship or marriage for up to 90 days in cases of family violence. The Provisional Federal Rules also provide for rights in relation to occupancy, the division of assets during relationship breakdown, and the management of estates upon death of a spouse.
In order to support First Nations in this transition period, the Centre of Excellence for Matrimonial Real Property was established, hosted by the National Aboriginal Land Managers Association (NALMA). The Centre is housed in Curve Lake and provides a variety of services to support land managers, First Nations, and individuals in this change of legislation. They have developed a toolkit for land managers, as well as cross-country training on this toolkit. The Centre also seeks to accommodate First Nations communities and organizations by providing presentations, acting as a resource for enquiries, and distributing informational documents to foster better understanding of the legislation.
If you would like to learn more about your rights and protections under The Family Homes on Reserves and Matrimonial Interests or Rights Act, or to find out when the Provisional Federal Rules will apply in your community, please contact the Centre by visiting www.coemrp.ca .