Bill S-4

Other Provisions

52. For the purposes of this Act, a court may, by order, determine whether a spouse, a common-law partner, a survivor or an estate of a deceased spouse or common-law partner holds an interest or right in or to a structure or land situated on a reserve, on application by one of the spouses or common-law partners, the survivor, the executor of the will, the administrator of the estate or the council of the First Nation on whose reserve the structure or land is situated.

53. (1) When a spouse or common-law partner makes an application under any of sections 34 to 38 and both spouses or common-law partners or one of them dies before the application is disposed of, the application may be continued by or against the executor of the will or the administrator of the estate of the spouse or common-law partner who dies.

(2) When a survivor makes an application under section 41, 44 or 45 and the survivor dies before the application is disposed of, the application may be continued by the executor of the will or the administrator of the estate of the survivor.

(3) When an executor of a will or an administrator of an estate makes an application under section 40 or 45 and the survivor dies before the application is disposed of, the application may be continued against the executor of the will or the administrator of the estate of the survivor.

54. When a court makes an order under this Act, except under section 24, the applicant shall, without delay, send a copy of the order to the Minister or, if the order is in respect of any structure or land situated on the following reserves or land base, to the council of the First Nation:

(a) a reserve of a First Nation that is subject to a land code as defined in subsection 2(1) of the First Nations Land Management Act;

(b) a reserve of a First Nation that is on the list referred to in subsection 17(5); or

(c) the Kanesatake Mohawk interim land base as defined in subsection 2(1) of the Kanesatake Interim Land Base Governance Act.

55. Subject to this Act, the laws of evidence of the province in which any proceedings under this Act are taken, including the laws of proof of service of any document, apply to those proceedings.

56. (1) On application by a person who is neither a First Nation member nor an Indian and in whose favour an order is made under subsection 35(1) or 41(1), a council may, on behalf of the person, enforce the order on a reserve of the council’s First Nation as if the order had been made in favour of the First Nation.

(2) If the council notifies the person that it will not enforce the order or does not enforce it within a reasonable period after the application is made, a court may, on application by the person, vary the order to require the person against whom the order was made to pay into court the amount payable that was specified in the order, if the court is satisfied that it is necessary for the enforcement of the order.

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 and prescribing anything that by this Act is to be prescribed.

(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.