Bill S-4

REGULATIONS

57. (1) The Governor in Council may make regulations that the Governor in Council considers necessary for carrying out the purposes and provisions of this Act, including regulations making rules that are applicable to any proceedings under this Act.

(2) Any regulations that may be made under subsection (1) to provide for uniformity in the rules made under section 51 prevail over those rules.

TRANSITIONAL PROVISIONS

58. (1) If, under section 17, sections 18 to 56 begin to apply to a First Nation,

(a) sections 33 to 38 apply to spouses or common-law partners in respect of structures and lands situated on a reserve of that First Nation if they ceased to cohabit on or after the day on which those sections began to apply to that First Nation; and

(b) sections 19, 26 and 39 to 45 apply to survivors in respect of structures and lands situated on a reserve of that First Nation if the death occurred on or after the day on which those sections began to apply to that First Nation.

(2) If, under section 17, sections 18 to 56 cease to apply to a First Nation,

(a) proceedings commenced under those sections in respect of structures and lands situated on a reserve of that First Nation shall be completed as if those sections had not ceased to apply;

(b) section 20 continues to apply to spouses or common-law partners in respect of the family home situated on a reserve of that First Nation if the interest or right in or to the family home was disposed of or encumbered before the day on which that section ceased to apply to that First Nation, and sections 46 to 55 continue to apply in respect of proceedings taken by those spouses or common-law partners under section 20;

(c) sections 33 to 38 continue to apply to spouses or common-law partners in respect of structures and lands situated on a reserve of that First Nation if they had ceased to cohabit before the day on which those sections ceased to apply to that First Nation, and sections 46 to 56 continue to apply in respect of proceedings taken by those spouses or common-law partners under any of sections 34 to 38; and

(d) sections 19, 26 and 39 to 45 continue to apply to survivors in respect of structures and lands situated on a reserve of that First Nation if the death occurred before the day on which those sections ceased to apply to that First Nation, and sections 28, 30 to 32 and 46 to 56 continue to apply in respect of proceedings involving those survivors taken under section 26, 40, 41, 44 or 45.

59. Subsection 17(2) does not apply to a First Nation that, on the day on which this section comes into force, is a First Nation as defined in subsection 2(1) of the First Nations Land Management Act for a period of three years after that day.

COMING INTO FORCE

60. The provisions of this Act, except sections 58 and 59, come into force on a day or days to be fixed by order of the Governor in Council.