Bill S-4
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TABLE OF PROVISIONS
AN ACT RESPECTING FAMILY HOMES SITUATED ON FIRST NATION RESERVES AND MATRIMONIAL INTERESTS OR RIGHTS IN OR TO STRUCTURES AND LANDS SITUATED ON THOSE RESERVES
Preamble
SHORT TITLE
1. Family Homes on Reserves and Matrimonial Interests or Rights Act
INTERPRETATION
2. Definitions
HER MAJESTY
3. Binding on Her Majesty
PURPOSE AND APPLICATION
4. Purpose
5. Title to First Nation land
6. Spouses or common-law partners
ENACTMENT OF FIRST NATION LAWS
Power of First Nations
7. Power to enact First Nation laws
Verification
8. Designation by Minister
9. Appointment of verification officer
10. Notice of determination
Community Approval and Certification
11. Submission to members
12. Role of verification officer
13. Approval by members
14. Copy and declaration
15. Certification
Coming into Force
16. Force of law and judicial notice
PROVISIONAL FEDERAL RULES
Application
17. First Nations with reserve lands
Family Home
Occupation
18. During conjugal relationship
19. After death
20. Consent of spouse or common-law partner
Emergency Protection Order
21. Order of designated judge
22. Order sent to court for review
23. Application to vary or revoke order
24. Confidentiality
Exclusive Occupation Order
25. Court order
26. Order after death
Other Provisions
27. Family violence
28. Interest or right not affected
29. Notice
30. Contiguous property
31. Leases
32. Offence
Division of the Value of Matrimonial Interests or Rights
Breakdown of a Conjugal Relationship
33. Division of value
34. Variation of amount
35. Amount payable
36. Order to transfer interests or rights
37. Improvident depletion
38. Enforcement of agreements
Death of a Spouse or Common-Law Partner
39. Entitlement of survivor
40. Variation of amount
41. Determination by court
42. Survivor’s choice
43. Distribution of estate
44. Improvident depletion
45. Enforcement of agreements
Notice to Council and Views of Council
46. Notice of application
47. Notice of order
Jurisdiction of Courts
48. Definition of “application”
49. Proceedings on death
50. Possibility of joinder
50.1 Right of appeal — divorce proceeding
Rules of Practice and Procedure
51. Definitions
Other Provisions
52. Determination by court — interest or right
53. Proceedings on death
54. Notice to Minister or council
55. Provincial laws of evidence
56. Enforcement of orders
REGULATIONS
57. Governor in Council
TRANSITIONAL PROVISIONS
58. Commencement of application
59. Subsection 17(2)
COMING INTO FORCE
60. Order in council