GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 16
ce of order (6) Any person against whom the order is made and any person specified in the order are bound by the order on receiving notice of it. Service by peace officer (7) A peace officer must serve a copy of the order on the persons referred to in subsection (6) either directly or, if authorized by the court in the province in which the designated judge has jurisdiction, by substituted service in the manner, under the circumstances and on the conditions prescribed by regulation. The peace officer must inform the applicant as soon as each service is effected. No personal liability (8) An action or other proceeding must not be instituted against a peace officer for any act or omission done in good faith in the execution or intended execution of the peace officer’s duties under this section. Definition of family violence (9) For the purposes of this section, family violence means any of the following acts or omissions committed by a spouse or common-law partner against the other spouse or common-law partner, any child in the charge of either spouse or common-law partner, or any other person who habitually resides in the family home: (a) an intentional application of force without lawful authority or consent, excluding any act committed in self-defence; (b) an intentional or reckless act or omission that causes bodily harm or damage to property; (c) an intentional, reckless or threatened act or omission that causes a reasonable fear of bodily harm or damage to property; (d) sexual assault, sexual abuse or the threat of either; (e) forcible confinement without lawful authority; or (f) criminal harassment.
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 17
Order sent to court for review 17 (1) Immediately after making an order under section 16 , a designated judge referred to in paragraph (a) or (c) of the definition designated judge in subsection 2 (1) must forward a copy of the order and all supporting materials to the court in the province in which the designated judge has jurisdiction. Review by court (2) The court must review the order within three working days after the day on which it is received or, if a judge is not available within that period, as soon as one becomes available. Decision (3) The court, on reviewing the order and the materials, must, by order, (a) confirm the order if the court is satisfied that there was sufficient evidence before the designated judge to support the making of the order; or (b) direct a rehearing of the matter by the court if the court is not satisfied that the evidence before the designated judge was sufficient to support the making of all or part of the order. Notice (4) The court must give notice to the parties and any person specified in the order made by the designated judge of its decision and of any consequent procedures. Confirmed order (5) An order that is confirmed is deemed to be an order of the court. Rehearing — order continues (6) If the court directs that a matter be reheard, the order continues in effect and is not stayed unless the court orders otherwise. Evidence at rehearing (7) The materials referred to in subsection (1) must be considered as evidence at the rehearing, in addition to any evidence presented at the rehearing, including evidence on the collective interests of the First Nation members, on whose reserve the family home is situated, in their reserve lands. Order on rehearing (8) On a rehearing, the court may, by order, confirm, vary or revoke the order made under section 16, and may extend the duration of the order beyond the period of 90 days referred to in subsection 16 (1). Section 18 application (9) If an application is made under section 18 and a rehearing has been ordered but has not begun, that application must be heard at the rehearing.
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 18
Application to vary or revoke order 18 (1) Any person in whose favour or against whom an order is made under section 16 or 17 or any person specified in the order may apply to the court in the province in which the designated judge has jurisdiction to have the order varied or revoked (a) within 21 days after the day on which notice of the order made under section 16 is received, or within any further time that the court allows; and (b) at any time if there has been a material change in circumstances. Confirm, vary or revoke order (2) The court may, by order, confirm, vary or revoke the order, and may extend the duration of the order beyond the period of 90 days referred to in subsection 16 (1). Evidence at hearing (3) The supporting materials for the order made by the designated judge must be considered as evidence at the hearing, in addition to any evidence presented at the hearing, including evidence on the collective interests of the First Nation members, on whose reserve the family home is situated, in their reserve lands.
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 19
Confidentiality 19 (1) Subject to subsection (2), on application by the parties or on its own motion, the court in the province in which the designated judge has jurisdiction may make an order that contains one or more of the following provisions and that is subject to any conditions that the court specifies: (a) a provision excluding members of the public, other than the parties, from all or part of a rehearing referred to in section 17 or a hearing referred to in section 18 ; (b) a provision prohibiting the publication or broadcasting of any information from the rehearing or hearing, including the name of a party, witness or child in the charge of either party or any information likely to identify any of those persons; and (c) a provision prohibiting disclosure to the public of any information in a court document or record related to a proceeding under section 17 or 18 . Conditions (2) The court may only make the order if it is satisfied that (a) the order is necessary for the safety of a party or witness or the safety or physical or emotional well-being of a child; or (b) protecting a party, witness or child from an undue hardship or adverse effect that could be caused by making the information public outweighs the public’s right to the information.
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 20
mergency protection order revoked (5) An existing order made under any of sections 16 to 18 in favour of or against one of the spouses or common-law partners is revoked when the court makes an order under this section, except to the extent specified in that order. Application to vary or revoke order (6) Any person in whose favour or against whom an order is made under subsection (1), any person specified in the order, or the holder of an interest or right in or to the family home may apply to the court to have the order varied or revoked if there has been a material change in circumstances. The court may, by order, confirm, vary or revoke the order. Notice to affected persons (7) An applicant for an order under this section must, without delay, send a copy of the application to any person who is of the age of majority or over, whom the applicant is seeking to have the court order to vacate the family home, to any person who holds an interest or right in or to the family home and to any other person specified in the rules regulating the practice and procedure in the court.
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 21
hose persons are, to the Minister, to any person who is of the age of majority or over, whom the applicant is seeking to have the court order to vacate the family home, to any person who holds an interest or right in or to the family home and to any other person specified in the rules regulating the practice and procedure in the court.
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 22
Family violence 22 For greater certainty, a designated judge or a court may find that family violence has occurred for the purposes of this Act whether or not, in respect of the act or omission in question, a charge has been laid, dismissed or withdrawn or a conviction has been or could be obtained.
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 23
Interest or right not affected 23 For greater certainty, an order made under any of sections 16 to 18 , 20 or 21 does not change who holds an interest or right in or to the family home nor does it prevent an executor of a will or an administrator of an estate from transferring such an interest or right to a named beneficiary under the will or to a beneficiary on intestacy, or a court from ordering the transfer of such an interest or right under section 31 or 36 .
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 24
Notice 24 The person in whose favour an order is made under section 17 , 18 or 20 must, without delay, give notice of the order to any person against whom the order is made and any person specified in the order. However, a peace officer must serve a copy of the order on those persons if the court so directs.
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 25
Contiguous property 25 For the purposes of sections 16 , 20 and 21 , if the reserve land on which the family home is situated is the object of an interest or right referred to in subparagraph (a)(i) of the definition interest or right in subsection 2 (1), exclusive occupation of the family home includes exclusive occupation of the portion of that land that is contiguous to the family home and that is strictly necessary for the use and enjoyment of the family home.
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 26
Leases 26 When an order made under any of sections 16 to 18 , 20 or 21 grants exclusive occupation of the family home to a spouse, common-law partner or survivor who is not a lessee under the lease for the family home, the spouse, common-law partner or survivor is bound by the lease during the period of the order.
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 27
Offence 27 Any person who contravenes an order made under any of sections 16 to 19 , a provision referred to in paragraph 20 (4)(a) contained in an order made under section 20 or a provision referred to in paragraph 21 (4)(b) contained in an order made under section 21 is guilty of an offence punishable on summary conviction and liable (a) in the case of a first offence, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding three months, or to both; or (b) in the case of a subsequent offence, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding one year, or to both.
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 28
rights referred to in that paragraph (c) that are held by the other spouse or common-law partner, and the amount of debts or other liabilities outstanding on the valuation date that were assumed to make the payments, and (c) the difference between the payments that the spouse or common-law partner made towards improvements made, between the day on which the conjugal relationship began and the valuation date inclusive, to the following lands and structures situated on a reserve of that First Nation, and the amount of debts or other liabilities outstanding on the valuation date that were assumed to make the payments: (i) lands that are the object of matrimonial interests or rights that are held by the other spouse or common-law partner, and (ii) structures that are the object of interests or rights that are held by the other spouse or common-law partner that would have been matrimonial interests or rights referred to in that paragraph (c) if they had appreciated during the conjugal relationship. Determination of value (4) For the purposes of subsections (1) to (3), the value of the interests or rights is the difference between (a) the amount that a buyer would reasonably be expected to pay for interests or rights that are comparable to the interests or rights in question, and (b) the amount of any outstanding debts or other liabilities assumed for acquiring the interests or rights or for improving or maintaining the structures and lands that are the object of the interests or rights. Agreement by parties (5) Despite subsection (4), on agreement by the spouses or common-law partners, the value of the interests or rights may be determined on any other basis. Definition of valuation date (6) For the purposes of this section, valuation date means (a) in the case of spouses, the earliest of the following days: (i) the day on which the spouses separated with no reasonable prospect of reconciliation, (ii) the day on which the judgment granting their divorce was rendered, (iii) the day on which the marriage was declared a nullity, (iv) the day on which one of the spouses made an application related to the consequences of the breakdown of the marriage, and (v) the day on which one of the spouses made an application to restrain improvident depletion of the interest or right in or to the family home and of the matrimonial interests or rights that is subsequently granted; or (b) in the case of common-law partners, the earliest of the following days: (i) the day on which one of the common-law partners manifested the intention not to continue the conjugal relationship, (ii) the day on which one of the common-law partners made an application related to the consequences of the breakdown of the conjugal relationship, and (iii) the day on which one of the common-law partners made an application to restrain improvident depletion of the interest or right in or to the family home and of the matrimonial interests or rights that is subsequently granted.
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 (a)
(a) in the case of spouses, the earliest of the following days: (i) the day on which the spouses separated with no reasonable prospect of reconciliation, (ii) the day on which the judgment granting their divorce was rendered, (iii) the day on which the marriage was declared a nullity, (iv) the day on which one of the spouses made an application related to the consequences of the breakdown of the marriage, and (v) the day on which one of the spouses made an application to restrain improvident depletion of the interest or right in or to the family home and of the matrimonial interests or rights that is subsequently granted; or (b) in the case of common-law partners, the earliest of the following days: (i) the day on which one of the common-law partners manifested the intention not to continue the conjugal relationship, (ii) the day on which one of the common-law partners made an application related to the consequences of the breakdown of the conjugal relationship, and (iii) the day on which one of the common-law partners made an application to restrain improvident depletion of the interest or right in or to the family home and of the matrimonial interests or rights that is subsequently granted.
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 29
Variation of amount 29 On application by a spouse or common-law partner, a court may, by order, vary the amount owed to or by the applicant under section 28 if that amount would be unconscionable, having regard to, among other things, (a) the applicant’s financial responsibility related to the care and upbringing of the children in the applicant’s charge; (b) the amount of debts or other liabilities referred to in that section incurred by each spouse or common-law partner; (c) any significant change in the value of the interests or rights in question between the valuation date as defined in subsection 28 (6) and the day on which the order is made, inclusive; (d) the fact that one of the spouses or common-law partners may obtain exclusive occupation of the family home on agreement or under an order referred to in section 20 ; (e) the availability of accommodation that is comparable to the family home and that is situated on the same reserve as the family home; (f) the duration of the conjugal relationship; (g) the terms of any agreement between the spouses or common-law partners; (h) the reduction of the value of the interests or rights in question as a result of acts or omissions by the applicant’s spouse or common-law partner including the disposition of any such interest or right for less than its fair value, the improvident depletion of any such interest or right, the disposition or encumbrance of the interest or right in or to the family home without the applicant’s required consent, and the encumbrance of that interest or right after the valuation date as defined in subsection 28 (6); or (i) other determinations that the court may make on any matters related to the consequences of the breakdown of the conjugal relationship.
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 30
Amount payable 30 (1) On application by one of the spouses or common-law partners made within three years after the day on which they ceased to cohabit, a court may, by order, determine any matter in respect of each spouse’s or common-law partner’s entitlement under sections 28 and 29 including (a) determining the amount payable by one spouse or common-law partner to the other; and (b) providing that the amount payable be settled by (i) payment of the amount in a lump sum, (ii) payment of the amount by installments, (iii) the transfer of an interest or right under an order referred to in section 31 , (iv) the set-off or compensation of any amounts owed by one spouse or common-law partner to the other, or (v) any combination of the methods referred to in subparagraphs (i) to (iv). Extension of time (2) On application by a spouse or common-law partner, a court may, by order, extend the period of three years by any amount of time that it considers appropriate, if the court is satisfied that the applicant failed to make an application within that period for either of the following reasons: (a) circumstances existed that were beyond the control of the applicant; or (b) only after the period expired did the applicant become aware of any interests or rights referred to in subsections 28 (1) to (3).
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 31
Order to transfer interests or rights 31 (1) When a conjugal relationship breaks down, a court may, on application by a spouse or common-law partner who is a First Nation member, order that an interest or right, referred to in subparagraph (a)(i) or paragraph (b) or (c) of the definition interest or right in subsection 2 (1), in or to any structure or land situated on a reserve of that First Nation be transferred to the applicant if the court is satisfied that (a) the spouses or common-law partners agreed in writing to the transfer of the interest or right, the consent of both parties was free and informed and the agreement is not unconscionable, having regard to, among other things, the factors listed in section 29 ; (b) the applicant had previously held the interest or right before the cessation of cohabitation; or (c) the transfer is appropriate in the circumstances because the spouses or common-law partners hold more than one such interest or right in or to structures and lands situated on a reserve of that First Nation. Clarification (2) A transfer may be ordered under subsection (1) (a) in the case of a First Nation that is not referred to in any of paragraphs (b) to (d), despite section 24 of the Indian Act ; (b) in the case of a First Nation within the meaning of subsection 2(2) of the Framework Agreement on First Nation Land Management Act , subject to any land code within the meaning of that subsection or First Nation law as defined in subsection 2(1) of that Act, to which the First Nation is subject; (c) in the case of a First Nation that has entered into a self-government agreement to which Her Majesty in right of Canada is a party, subject to any First Nation law enacted under the agreement; or (d) in the case of the Mohawks of Kanesatake, subject to any land governance code adopted, or any Kanesatake Mohawk law enacted, under the Kanesatake Interim Land Base Governance Act . 2013, c. 20, s. 31 2022, c. 19, s. 137
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 32
Improvident depletion 32 On application by a spouse or common-law partner, 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 applicant in an order made under section 20 or any interest or right that might be transferred to the applicant in an order made under section 31 ; or (b) the value of the interests or rights that will be used to determine the amount that might be payable to the applicant in an order made under section 30 .
Family Homes on Reserves and Matrimonial Interests or Rights Act — F-1.2 33
Enforcement of agreements 33 If spouses or common-law partners enter into a written agreement, after they cease to cohabit, that sets out the amount to which each is entitled and how to settle the amount payable by one of the methods referred to in subparagraph 30 (1)(b)(i), (ii) or (iv) or any combination of those methods, 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 both parties to the agreement was free and informed, and that the agreement is not unconscionable, having regard to, among other things, the factors listed in section 29 .
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fference between the payments that the survivor made towards improvements made, between the day on which the conjugal relationship began and the valuation date inclusive, to the following lands and structures situated on a reserve of that First Nation, and the amount of debts or other liabilities outstanding on the valuation date that were assumed to make the payments: (i) lands that are the object of matrimonial interests or rights that were held by the deceased individual, and (ii) structures that are the object of interests or rights that were held by the deceased individual that would have been matrimonial interests or rights referred to in that paragraph (c) if they had appreciated during the conjugal relationship. Determination of value (4) For the purposes of subsections (1) to (3), the value of the interests or rights is the difference between (a) the amount that a buyer would reasonably be expected to pay for interests or rights that are comparable to the interests or rights in question, and (b) the amount of any outstanding debts or other liabilities assumed for acquiring the interests or rights or for improving or maintaining the structures and lands that are the object of the interests or rights. Agreement by parties (5) Despite subsection (4), on agreement by the survivor and the executor of the will or the administrator of the estate, the value of the interests or rights may be determined on any other basis. Definition of valuation date (6) For the purposes of this section, valuation date means (a) in the case of spouses, the earliest of the following days: (i) the day before the day on which the death occurred, (ii) the day on which the spouses ceased to cohabit as a result of the breakdown of the marriage, and (iii) the day on which the spouse who is now the survivor made an application to restrain improvident depletion of the interest or right in or to the family home and of the matrimonial interests or rights that is subsequently granted; or (b) in the case of common-law partners, the earlier of the following days: (i) the day before the day on which the death occurred, and (ii) the day on which the common-law partner who is now the survivor made an application to restrain improvident depletion of the interest or right in or to the family home and of the matrimonial interests or rights that is subsequently granted.