GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Fall Economic Statement Implementation Act, 2022 — F-0.7 124
Reference to former Act 124 Unless the context otherwise requires, any reference to the former Act, or any provision of that Act, in any land codes, individual agreements, First Nation laws or documents referred to in paragraph 123 (a) is to be read as a reference to the Framework Agreement on First Nation Land Management Act or the Framework Agreement, or any relevant provision of that Act or Agreement, as the case may be.
Fall Economic Statement Implementation Act, 2022 — F-0.7 143
Repeal 143 The First Nations Land Management Act , chapter 24 of the Statutes of Canada, 1999, is repealed.
Fall Economic Statement Implementation Act, 2022 — F-0.7 167
Definitions 167 (1) The following definitions apply in this section. apprentice loan has the same meaning as in subsection 1(1) of the Apprentice Loans Regulations . ( prêt aux apprentis ) borrower has the same meaning as in subsection 1(1) of the Apprentice Loans Regulations . ( emprunteur ) transition period means the period beginning on April 1, 2023 and ending on the day on which a regulation amending or repealing section 4 of the Apprentice Loans Regulations comes into force. ( période de transition ) Repayment of principal and interest (2) During the transition period, a borrower must begin to repay the principal amount of an apprentice loan made to them, and any interest, on the last day of the month in which interest would have started accruing under the Apprentice Loans Regulations but for subsection 8(1) of the Apprentice Loans Act , as enacted by section 164 .
Fall Economic Statement Implementation Act, 2022 — F-0.7
apprentice loan has the same meaning as in subsection 1(1) of the Apprentice Loans Regulations . ( prêt aux apprentis )
Fall Economic Statement Implementation Act, 2022 — F-0.7
borrower has the same meaning as in subsection 1(1) of the Apprentice Loans Regulations . ( emprunteur )
Fall Economic Statement Implementation Act, 2022 — F-0.7
transition period means the period beginning on April 1, 2023 and ending on the day on which a regulation amending or repealing section 4 of the Apprentice Loans Regulations comes into force. ( période de transition )
Fall Economic Statement Implementation Act, 2022 — F-0.7 168
April 1, 2023 168 (1) Subject to subsections (2) and (3), this Division comes into force or is deemed to have come into force on April 1, 2023. Order in council * (2) Sections 146 , 147 , 150 to 152 , 157 and 158 , subsections 159 (2) and (3) and sections 160 and 166 come into force on a day to be fixed by order of the Governor in Council, but that day must be after March 31, 2023. * [Note: Sections 146, 147, 150 to 152, 157 and 158, subsections 159(2) and (3) and sections 160 and 166 in force December 9, 2023, see SI/2023-78.] April 1, 2021 (3) Section 165 is deemed to have come into force on April 1, 2021.
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 Preamble
Preamble Whereas it is necessary to address certain family law matters on First Nation reserves since provincial and territorial laws that address those matters are not applicable there and since the Indian Act does not address those matters;
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2
Whereas measures are required to provide spouses or common-law patners with rights and remedies during a conjugal relationship, when that relationship breaks down or on the death of a spouse or common-law partner in respect of the use, occupation and possession of family homes on reserves, including exclusive occupation of those homes in cases of family violence, and the division of the value of any interests or rights that they hold in or to structures and lands on those reserves;
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2
the use, occupation and possession of family homes on reserves, including exclusive occupation of those homes in cases of family violence, and
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2
the division of the value of any interests or rights that they hold in or to structures and lands on those reserves;
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2
Whereas it is important that, when spouses or common-law partners exercise those rights and seek those remedies, the decision-maker take into account the best interests of the children, including the interest of any child who is a First Nation member to maintain a connection with that First Nation, and be informed by the First Nation with respect to the cultural, social and legal context in the circumstances;
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2
take into account the best interests of the children, including the interest of any child who is a First Nation member to maintain a connection with that First Nation, and
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2
be informed by the First Nation with respect to the cultural, social and legal context in the circumstances;
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2
Whereas the Government of Canada has recognized the inherent right of self-government as an aboriginal right and is of the view that implementation of that right is best achieved through negotiations;
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2
Whereas this Act is not intended to define the nature and scope of any right of self-government or to prejudge the outcome of any self-government negotiation;
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2
And whereas the Parliament of Canada wishes to advance the exercise, in a manner consistent with the Constitution Act, 1982 , of First Nations law-making power over family homes on reserves and matrimonial interests or rights in or to structures and lands on reserves;
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 1
Short title 1 This Act may be cited as the Family Homes on Reserves and Matrimonial Interests or Rights Act .
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 2
iminal Code .  ( agent de la paix ) spouse includes either of two persons who have entered in good faith into a marriage that is voidable or void. ( époux ) Words and expressions (2) Unless the context otherwise requires, words and expressions used in this Act have the same meaning as in the Indian Act . Agreement between spouses or common-law partners (3) For greater certainty, for the purposes of this Act, an agreement between spouses or common-law partners includes an agreement reached through the use of traditional dispute resolution. Former spouse or common-law partner (4) For the purposes of the definition matrimonial interests or rights in subsection (1), subsection (3), section 6, subsections 15 (2), (4) and (5) and sections 16 , 20 , 26 , 28 to 33 , 43 , 45 , 48 , 49 and 54 , a spouse or common-law partner includes a former spouse or common-law partner. Term not restrictive (5) The use of the term application to describe a proceeding in a court under this Act must not be construed as limiting the name under which and the form and manner in which that proceeding may be taken in that court, and the name, manner and form of the proceeding in that court are those that are provided for by the rules regulating the practice and procedure in that court. Kanesatake (6) For the purposes of this Act, a reference to a reserve is also a reference to the Kanesatake Mohawk interim land base as defined in subsection 2(1) of the Kanesatake Interim Land Base Governance Act . 2013, c. 20, s. 2 2019, c. 29, s. 375 2022, c. 19, s. 135
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2
council , in relation to a First Nation, has the same meaning as the expression council of the band in subsection 2(1) of the Indian Act . ( conseil )
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2
court , unless otherwise indicated, means, in respect of a province, the court referred to in any of paragraphs (a) to (e) of the definition court in subsection 2(1) of the Divorce Act . ( tribunal )
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 (a)
designated judge , in respect of a province, means any of the following persons who are authorized by the lieutenant governor in council of the province to act as a designated judge for the purposes of this Act: (a) a justice of the peace appointed by the lieutenant governor in council of the province; (b) a judge of the court in the province; or (c) a judge of a court established under the laws of the province. ( juge désigné )
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2
family home means a structure — that need not be affixed but that must be situated on reserve land — where the spouses or common-law partners habitually reside or, if they have ceased to cohabit or one of them has died, where they habitually resided on the day on which they ceased to cohabit or the death occurred. If the structure is normally used for a purpose in addition to a residential purpose, this definition includes only the portion of the structure that may reasonably be regarded as necessary for the residential purpose. ( foyer familial )
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2
First Nation means a band as defined in subsection 2(1) of the Indian Act . ( première nation )
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2
First Nation member means a person whose name appears on the band list of a First Nation or who is entitled to have their name appear on that list. ( membre de la première nation )
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 (a)
interest or right means (a) the following interests or rights referred to in the Indian Act : (i) a right to possession, with or without a Certificate of Possession or a Certificate of Occupation, allotted in accordance with section 20 of that Act, (ii) a permit referred to in subsection 28(2) of that Act, and (iii) a lease under section 53 or 58 of that Act; (b) an interest or right in or to reserve land that is subject to any First Nation law as defined in subsection 2(1) of the Framework Agreement on First Nation Land Management Act or to any land code within the meaning of subsection 2(2) of that Act, to any First Nation law enacted under a self-government agreement to which Her Majesty in right of Canada is a party, or to any land governance code adopted, or any Kanesatake Mohawk law enacted, under the Kanesatake Interim Land Base Governance Act ; and (c) an interest or right in or to a structure — that need not be affixed but that must be situated on reserve land that is not the object of an interest or right referred to in paragraph (a) — which interest or right is recognized by the First Nation on whose reserve the structure is situated or by a court order made under section 48 . ( droit ou intérêt )
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 (a)
matrimonial interests or rights means interests or rights, other than interests or rights in or to the family home, held by at least one of the spouses or common-law partners (a) that were acquired during the conjugal relationship; (b) that were acquired before the conjugal relationship but in specific contemplation of the relationship; or (c) that were acquired before the conjugal relationship but not in specific contemplation of the relationship and that appreciated during the relationship. It excludes interests or rights that were received from a person as a gift or legacy or on devise or descent, and interests or rights that can be traced to those interests or rights. ( droits ou intérêts matrimoniaux )
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2
Minister means the Minister of Indigenous Services. ( ministre )
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2
peace officer means a person referred to in paragraph (c) of the definition peace officer in section 2 of the Criminal Code .  ( agent de la paix )
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2
spouse includes either of two persons who have entered in good faith into a marriage that is voidable or void. ( époux )
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 3
Binding on Her Majesty 3 This Act is binding on Her Majesty in right of Canada or a province.
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 4
Purpose 4 The purpose of this Act is to provide for the enactment of First Nation laws and the establishment of provisional rules and procedures that apply during a conjugal relationship, when that relationship breaks down or on the death of a spouse or common-law partner, respecting the use, occupation and possession of family homes on First Nation reserves and the division of the value of any interests or rights held by spouses or common-law partners in or to structures and lands on those reserves.
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 5
Title to First Nation land 5 For greater certainty, (a) title to reserve lands is not affected by this Act; (b) reserve lands continue to be set apart for the use and benefit of the First Nation for which they were set apart; and (c) reserve lands continue to be lands reserved for the Indians within the meaning of Class 24 of section 91 of the Constitution Act, 1867 .
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 6
Spouses or common-law partners 6 This Act applies to spouses or common-law partners only if at least one of them is a First Nation member or an Indian.
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 7
Power to enact First Nation laws 7 (1) A First Nation has the power to enact First Nation laws that apply during a conjugal relationship, when that relationship breaks down or on the death of a spouse or common-law partner, respecting the use, occupation and possession of family homes on its reserves and the division of the value of any interests or rights held by spouses or common-law partners in or to structures and lands on its reserves. Contents (2) The laws must include procedures for amending and repealing them and may include (a) provisions for administering them; and (b) despite subsection 89(1) of the Indian Act , provisions for enforcing, on a reserve of the First Nation, an order of a court that includes one or more provisions made under the laws or a decision made or an agreement reached under the laws. Notice to provincial Attorney General (3) When a First Nation intends to enact laws, the council must so notify the Attorney General of any province in which a reserve of the First Nation is situated. Non-application of Statutory Instruments Act (4) The Statutory Instruments Act does not apply in respect of the laws.
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 8
Submission to members 8 (1) If a First Nation intends to enact First Nation laws under section 7 , the council of the First Nation must submit the proposed First Nation laws to the First Nation members for their approval. Eligibility to vote (2) Every person who is 18 years of age or over and a member of the First Nation, whether or not resident on a reserve of the First Nation, is eligible to vote in the community approval process. Information to be provided (3) The council must, before proceeding to obtain community approval, take reasonable measures that are in accordance with the First Nation’s practices to locate voters and inform them of their right to vote, the means of exercising that right and the content of the proposed laws. Publication of notice (4) The council must publish a notice of the date, time and place of a vote.
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 9
Approval by members 9 (1) The proposed First Nation laws that have been submitted for community approval are approved if a majority of those who participated in the vote voted to approve them. Minimum participation (2) Despite subsection (1), the proposed laws are not approved unless at least 25 per cent of the eligible voters participated in the vote. Increased percentage (3) A council may, by resolution, increase the percentage of eligible voters required under subsection (2).
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 10
Approved laws 10 When a First Nation approves the proposed First Nation laws, its council must, without delay after the vote, inform the Minister in writing of the result of the vote and send a copy of the approved laws to the Minister, the organization designated by the Minister, if any, and the Attorney General of any province in which a reserve of the First Nation is situated.
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 11
Force of law and judicial notice 11 (1) The First Nation laws come into force and have the force of law on the day on which they are approved or on any later day that may be specified in or under them and judicial notice must from then on be taken of the laws in any proceedings. Evidence of laws (2) In the absence of evidence to the contrary, a copy of the First Nation laws appearing to be certified as a true copy by an officer of the First Nation is proof of the original without proof of the officer’s signature or official character. Access to First Nation laws (3) A copy of the First Nation laws, as amended from time to time, must be maintained by the council for public inspection at locations designated by the council. Notice of amendments (4) If a First Nation amends its laws, the council must, without delay, send a copy of the amended laws to the Minister, the organization designated by the Minister, if any, and the Attorney General of any province in which a reserve of the First Nation is situated. Notice on repeal (5) If a First Nation repeals its laws, the council must, without delay and in writing, notify the Minister, the organization designated by the Minister, if any, and the Attorney General of any province in which a reserve of the First Nation is situated. List (6) The Minister must maintain a list of First Nations whose laws are in force and must publish in any manner that the Minister considers appropriate the list and any amendments to the list.
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 12
First Nations with reserve lands 12 (1) Sections 13 to 52 only apply to a First Nation that has reserve lands and that is not referred to in subsection (2) or (3) if the First Nation laws that it enacts under section 7 are not in force. Framework Agreement on First Nation Land Management Act (2) Sections 13 to 52 apply to a First Nation , within the meaning of subsection 2(2) of the Framework Agreement on First Nation Land Management Act , only if (a) on the day on which this subsection comes into force, the land code that the First Nation adopts under the Framework Agreement , as defined in subsection 2(1) of that Act, is not in force; and (b) the First Nation laws that it enacts under section 7 of this Act or subclause 18.3 of that Framework Agreement are not in force. Self-governing First Nations that retain reserve land (3) Sections 13 to 52 only apply to a First Nation that has the power to manage its reserve land under a self-government agreement into which the First Nation has entered and to which Her Majesty in right of Canada is a party if (a) on the recommendation of the parties to the agreement, the Minister makes a declaration, by order, that those sections apply to the First Nation; and (b) the First Nation laws referred to in section 7 that it enacts under that section or under the self-government agreement are not in force. Declaration (4) In the declaration referred to in paragraph (3)(a), the Minister must specify that sections 13 to 52 apply to the First Nation until the First Nation laws referred to in section 7 that it enacts under that section or under the self-government agreement come into force. List (5) The Minister must maintain a list of First Nations in respect of which the Minister has made a declaration and must publish in any manner that the Minister considers appropriate the list and any amendments to the list. Notice on coming into force (6) If a First Nation in respect of which the Minister has made a declaration enacts the First Nation laws referred to in section 7 under that section or under the self-government agreement, and those laws come into force, the First Nation must notify the Minister in writing without delay. 2013, c. 20, s. 12; 2018, c. 27, s. 384 2022, c. 19, s. 136
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 13
During conjugal relationship 13 Each spouse or common-law partner may occupy the family home during the conjugal relationship, whether or not that person is a First Nation member or an Indian.
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 14
After death 14 When a spouse or common-law partner dies, a survivor who does not hold an interest or right in or to the family home may occupy that home for a period of 180 days after the day on which the death occurs, whether or not the survivor is a First Nation member or an Indian.
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 15
Consent of spouse or common-law partner 15 (1) Subject to the Indian Act , a spouse or common-law partner who holds an interest or right in or to the family home must not dispose of or encumber that interest or right during the conjugal relationship without the free and informed consent in writing of the other spouse or common-law partner, whether or not that person is a First Nation member or an Indian. Setting aside (2) If a spouse or common-law partner disposes of or encumbers their interest or right in or to the family home without the required consent of the other spouse or common-law partner, a court may, on application by the other spouse or common-law partner, by order, set aside the transaction and impose conditions on any future disposition or encumbrance of that interest or right by the spouse or common-law partner to whom the interest or right reverts. Exception (3) However, the disposition or encumbrance may not be set aside if the other contracting party acquired it for value and acted in good faith. Damages (4) A spouse or common-law partner who has not given consent to a transaction for which it was required may, without prejudice to any other right, claim damages from the other spouse or common-law partner. Proof of consent (5) The spouse or common-law partner who disposed of or encumbered the interest or right in or to the family home has the burden of proving that the other spouse or common-law partner consented to the disposition or encumbrance. Authorization (6) Subject to the Indian Act , a court may, on application by the spouse or common-law partner who holds an interest or right in or to the family home, by order, authorize that person, subject to any conditions that the court considers appropriate, to dispose of or encumber that interest or right without the required consent of the other spouse or common-law partner if the court is satisfied that the other spouse or common-law partner cannot be found, is not capable of consenting or is unreasonably withholding consent.