GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 35
Variation of amount 35 On application by an executor of a will or an administrator of an estate, a court may, by order, vary the amount owed to the survivor under section 34 if the spouses or common-law partners had previously resolved the consequences of the breakdown of the conjugal relationship by agreement or judicial decision, or if that amount would be unconscionable, having regard to, among other things, the fact that any children of the deceased individual would not be adequately provided for.
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 37
Survivor’s choice 37 If a court decides, after the death of a spouse or common-law partner, that an amount is payable to the survivor under section 30 or 36 , the survivor may not, in respect of the interest or right in or to the family home and of the matrimonial interests or rights, benefit from the deceased individual’s will or sections 48 to 50.1 of the Indian Act .
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 38
Distribution of estate 38 (1) Subject to subsection (2), an executor of a will or an administrator of an estate must not proceed with the distribution of the estate until one of the following occurs: (a) the survivor consents in writing to the proposed distribution; (b) the period of 10 months referred to in subsection 36 (1) and any extended period the court may have granted under subsection 36 (2) have expired and no application has been made under subsection 36 (1) within those periods; or (c) an application made under subsection 36 (1) is disposed of. Advances to dependants (2) Subsection (1) does not prohibit reasonable advances to survivors or other dependants of the deceased spouse or common-law partner for their support. Two survivors (3) When there are two survivors — a common-law partner and a spouse with whom the deceased individual was no longer cohabiting — and an amount is payable to both under an order referred to in section 36 , the executor of the will or the administrator of the estate must pay the survivor who was the common-law partner before paying the survivor who was the spouse.
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 39
Improvident depletion 39 On application by a survivor, a court may make any order that it considers necessary to restrain the improvident depletion of the interest or right in or to the family home and of the matrimonial interests or rights for the purpose of protecting (a) the right that might be granted to the survivor in an order made under section 21 or any interest or right that might be transferred to the applicant in an order made under section 36 ; or (b) the value of the interests or rights that will be used to determine the amount that might be payable to the survivor in an order made under section 36 .
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 40
Enforcement of agreements 40 If a survivor and the executor of the will or the administrator of the estate enter into a written agreement that sets out the amount to which the survivor is entitled and how to settle the amount payable by one or both of the methods referred to in subparagraph 36 (1)(b)(i) or (ii), a court may, on application by one of them, make an order to enforce that agreement if the court is satisfied that the consent of the survivor to the agreement was free and informed and that the agreement is not unconscionable.
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 41
Notice of application 41 (1) An applicant for an order under this Act, except under sections 16 and 19 , must, without delay, send a copy of the application to the council of any First Nation on whose reserve the structures and lands in question are situated. Representations by council (2) On the council’s request, the court that is seized of the application must, before making its decision, allow the council to make representations with respect to the cultural, social and legal context that pertains to the application and to present its views about whether or not the order should be made.
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 42
Notice of order 42 When the court makes an order under this Act, except under section 19 , the person in whose favour the order is made must send, without delay, a copy of the order to the council of any First Nation on whose reserve the structures and lands in question are situated.
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 43
Definition of application 43 (1) For the purposes of this section, application means an application made under any of sections 15 , 20 , 29 to 33 , 48 or 52 . Divorce proceeding pending (2) When a divorce proceeding — as defined in subsection 2(1) of the Divorce Act — between spouses is pending, the court that has jurisdiction to hear and determine the matter has jurisdiction to hear and determine an application by one of the spouses. Other proceedings pending (3) When a proceeding, other than a divorce proceeding, related to the consequences of the breakdown of a spouse’s or common-law partner’s conjugal relationship is pending, the court that is seized of the matter has jurisdiction to hear and determine an application by the spouse or common-law partner. No pending proceedings (4) If no divorce proceeding is pending and no court is seized of a matter referred to in subsection (3), the court that has jurisdiction to hear and determine an application by a spouse or common-law partner is the court in the province in which the structures and lands in question are situated or, if that property is situated in more than one province, the court in one of those provinces whose jurisdiction is accepted by both spouses or common-law partners or, in the absence of agreement, either the court in the province in which they habitually reside or, if they have ceased to cohabit, in which they habitually resided on the day on which they ceased to cohabit. Exception (5) Despite subsection (4), if the court in a province that is seized of the matter referred to in subsection (3) is not a court as defined in subsection 2 (1), the court that has jurisdiction to hear and determine an application by the spouse or common-law partner is the court, as defined in subsection 2 (1), in that province.
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 44
Proceedings on death 44 (1) A court that is seized of a matter related to the distribution of property on the death of a spouse or common-law partner has jurisdiction to hear and determine an application made under section 21 , 35 , 36 , 39 or 40 by the survivor, the executor of the will or the administrator of the estate. No pending proceedings (2) If no court is seized of a matter referred to in subsection (1), the court that has jurisdiction to hear and determine the application is the court in the province in which the structures and lands in question are situated or, if that property is situated in more than one province, the court in the province in which both spouses or common-law partners habitually resided on the day on which the death occurred or, if they ceased to cohabit before the death, in which they habitually resided on the day on which they ceased to cohabit. Exception (3) Despite subsection (2), if the court in a province that is seized of the matter referred to in subsection (1) is not a court as defined in subsection 2 (1) and the Minister has not consented to the exercise of jurisdiction by the court or directed the matter to the court under section 44 of the Indian Act , the court that has jurisdiction to hear and determine the application is the court, as defined in subsection 2 (1), in that province.
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 45
Possibility of joinder 45 An application made under this Act, except under sections 16 , 18 and 19 , may be heard in the same proceeding as another application related to the consequences of the breakdown of the conjugal relationship or the death.
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 46
Right of appeal — divorce proceeding 46 (1) An order made under this Act in a divorce proceeding as defined in subsection 2(1) of the Divorce Act is deemed, for the purposes of section 21 of that Act, to be an order made under that Act. Right of appeal — other proceeding (2) Any other order made under this Act, except under any of sections 16 to 19 , may be appealed to the court exercising appellate jurisdiction over the court that made the order.
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 47
Definitions 47 (1) The following definitions apply in this section. appellate court , in respect of an appeal from a court, means the court exercising appellate jurisdiction with respect to that appeal. ( cour d’appel ) competent authority , in respect of a court in a province, a court established under the laws of a province or an appellate court in a province, means the body, person or group of persons ordinarily competent under the laws of that province to make rules regulating the practice and procedure in that court. ( autorité compétente ) Rules (2) Subject to subsection (3), the competent authority may make rules applicable to any proceedings under this Act in a court, or appellate court, in a province, and to any proceedings under section 16 in a court established under the laws of a province, including, without limiting the generality of the foregoing, rules (a) regulating the practice and procedure in the court, including the addition of persons as parties to the proceedings; (b) respecting the conduct and disposition of any proceedings under this Act without an oral hearing; (c) regulating the sittings of the court; (d) respecting the fixing and awarding of costs; (e) prescribing and regulating the duties of officers of the court; (f) respecting the transfer of proceedings under this Act to or from the court; and (g) prescribing and regulating any other matter considered expedient to attain the ends of justice and carry into effect the purposes and provisions of this Act. Exercise of power (3) The power to make rules conferred by subsection (2) on a competent authority must be exercised in the like manner and subject to the like terms and conditions, if any, as the power to make rules conferred on that authority by the laws of the province. Not statutory instruments (4) Rules made under this section by a competent authority that is not a judicial or quasi-judicial body are deemed not to be statutory instruments within the meaning and for the purposes of the Statutory Instruments Act .
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2
appellate court , in respect of an appeal from a court, means the court exercising appellate jurisdiction with respect to that appeal. ( cour d’appel )
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2
competent authority , in respect of a court in a province, a court established under the laws of a province or an appellate court in a province, means the body, person or group of persons ordinarily competent under the laws of that province to make rules regulating the practice and procedure in that court. ( autorité compétente )
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 48
Determination by court — interest or right 48 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.
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 49
Proceedings on death 49 (1) When a spouse or common-law partner makes an application under any of sections 29 to 33 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. Application by survivor (2) When a survivor makes an application under section 36 , 39 or 40 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. Application by executor or administrator (3) When an executor of a will or an administrator of an estate makes an application under section 35 or 40 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.
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 50
Notice to Minister or council 50 When a court makes an order under this Act, except under section 19 , the applicant must, 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 within the meaning of subsection 2(2) of the Framework Agreement on First Nation Land Management Act ; (b) a reserve of a First Nation that is on the list referred to in subsection 12 (5); or (c) the Kanesatake Mohawk interim land base as defined in subsection 2(1) of the Kanesatake Interim Land Base Governance Act . 2013, c. 20, s. 50 2022, c. 19, s. 139
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 51
Provincial laws of evidence 51 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.
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 52
Enforcement of orders 52 (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 30 (1), section 33 , subsection 36 (1) or section 40 , 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. Payment into court (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.
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 53
Governor in Council 53 (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. Regulations prevail (2) Any regulations that may be made under subsection (1) to provide for uniformity in the rules made under section 47 prevail over those rules.
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 54
Commencement of application 54 (1) If, under section 12 , sections 13 to 52 begin to apply to a First Nation, (a) sections 28 to 33 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 14 , 21 and 34 to 40 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. Cessation of application (2) If, under section 12 , sections 13 to 52 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 must be completed as if those sections had not ceased to apply; (b) section 15 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 41 to 51 continue to apply in respect of proceedings taken by those spouses or common-law partners under section 15 ; (c) sections 28 to 33 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 41 to 52 continue to apply in respect of proceedings taken by those spouses or common-law partners under any of sections 29 to 33 ; and (d) sections 14 , 21 and 34 to 40 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 23 , 25 to 27 and 41 to 52 continue to apply in respect of proceedings involving those survivors taken under section 21 , 35 , 36 , 39 or 40 .
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 55
Subsection 12(2) 55 Subsection 12(2) does not apply to a First Nation that, on the day on which this section comes into force, is a First Nation within the meaning of subsection 2(2) of the Framework Agreement on First Nation Land Management Act for a period of three years after that day. 2013, c. 20, s. 55 2022, c. 19, s. 140
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 Order in council
Order in council * 56 (1) The provisions of this Act, except sections 12 to 52 , 54 and 55 , come into force on a day or days to be fixed by order of the Governor in Council. Provisional federal rules (2) Sections 12 to 52 come into force one year after the day on which section 7 comes into force. * [Note: Sections 1 to 11 and 53 in force December 16, 2013, sections 12 to 52 in force December 16, 2014, see SI/2013-128.]
Family Orders and Agreements Enforcement Assistance Act — F-1.4 1
Short title 1 This Act may be cited as the Family Orders and Agreements Enforcement Assistance Act .
Family Orders and Agreements Enforcement Assistance Act — F-1.4 2
Definitions 2 (1) In this Part, access provision means a provision of an order providing for access to a child; ( disposition prévoyant l’accès ) access right [Repealed, 2019, c. 16, s. 43] central authority means any person or entity that is acting as a central authority for the purposes of a convention prescribed by the regulations and that is designated in an agreement entered into with a province under section 3; ( autorité centrale ) contact provision means a provision in an order made under subsection 16.5(1) or (2) of the Divorce Act or a provision of a similar nature in an order made under provincial law; ( disposition sur les contacts ) court [Repealed, 2019, c. 16, s. 43] custody provision means a provision of an order providing for custody of a child; ( disposition de garde ) designated authority means any person or entity that is responsible under the Divorce Act or a provincial Act for processing inter-jurisdictional support applications and that is designated in an agreement with a province entered into under section 3; ( autorité désignée ) family provision means a support provision, a parenting provision, a contact provision, a custody provision or an access provision; ( disposition familiale ) information bank means an information bank that is designated by the regulations; ( fichier ) information bank director means a person who is designated by the regulations as the information bank director for a given information bank; ( directeur de fichier ) Minister means the Minister of Justice; ( ministre ) order [Repealed, 2019, c. 16, s. 43] ) parenting provision means a provision in an order made under subsection 16.1(1) or (2) of the Divorce Act or a provision of a similar nature in an order made under provincial law; ( disposition parentale ) provincial child support service means any entity that is designated in an agreement with a province entered into under section 3, and that calculates or recalculates the amount of child support; ( service provincial des aliments pour enfants ) provincial enforcement service means any entity that is entitled under the laws of a province to enforce family provisions and that is designated in an agreement with the province entered into under section 3; ( autorité provinciale ) provincial information bank [Repealed, 2019, c. 16, s. 43] support provision means a provision of an order for maintenance, alimony or support. ( disposition alimentaire ) Definition of order (2) For the purposes of subsection (1), paragraphs 8(1)(b) and 9(1)(b) and subparagraphs 16(2)(a)(ii) and (b)(ii), unless a contrary intention appears, order means an order, judgment, decision or agreement — whether interim or final — that is enforceable in a province. R.S., 1985, c. 4 (2nd Supp.), s. 2; 1996, c. 11, ss. 95, 97(E), 99; 1997, c. 1, s. 16; 1999, c. 17, s. 158; 2005, c. 35, ss. 66, 67, c. 38, s. 138; 2012, c. 19, ss. 694, 695(E); 2013, c. 40, s. 229 2019, c. 16, s. 43
Family Orders and Agreements Enforcement Assistance Act — F-1.4
access provision means a provision of an order providing for access to a child; ( disposition prévoyant l’accès )
Family Orders and Agreements Enforcement Assistance Act — F-1.4
access right [Repealed, 2019, c. 16, s. 43]
Family Orders and Agreements Enforcement Assistance Act — F-1.4
central authority means any person or entity that is acting as a central authority for the purposes of a convention prescribed by the regulations and that is designated in an agreement entered into with a province under section 3; ( autorité centrale )
Family Orders and Agreements Enforcement Assistance Act — F-1.4
contact provision means a provision in an order made under subsection 16.5(1) or (2) of the Divorce Act or a provision of a similar nature in an order made under provincial law; ( disposition sur les contacts )
Family Orders and Agreements Enforcement Assistance Act — F-1.4
custody provision means a provision of an order providing for custody of a child; ( disposition de garde )
Family Orders and Agreements Enforcement Assistance Act — F-1.4
designated authority means any person or entity that is responsible under the Divorce Act or a provincial Act for processing inter-jurisdictional support applications and that is designated in an agreement with a province entered into under section 3; ( autorité désignée )
Family Orders and Agreements Enforcement Assistance Act — F-1.4
family provision means a support provision, a parenting provision, a contact provision, a custody provision or an access provision; ( disposition familiale )
Family Orders and Agreements Enforcement Assistance Act — F-1.4
information bank means an information bank that is designated by the regulations; ( fichier )
Family Orders and Agreements Enforcement Assistance Act — F-1.4
information bank director means a person who is designated by the regulations as the information bank director for a given information bank; ( directeur de fichier )
Family Orders and Agreements Enforcement Assistance Act — F-1.4
Minister means the Minister of Justice; ( ministre )
Family Orders and Agreements Enforcement Assistance Act — F-1.4
parenting provision means a provision in an order made under subsection 16.1(1) or (2) of the Divorce Act or a provision of a similar nature in an order made under provincial law; ( disposition parentale )