C-289
First Session, Thirty-ninth Parliament,
55 Elizabeth II, 2006
HOUSE OF COMMONS OF CANADA
BILL C-289
An Act to amend the Indian Act (matrimonial real property and immovables)
first reading, May 17, 2006
Mr. Pallister
391302
SUMMARY
This enactment amends the Indian Act to provide that provincial law apply to the division and possession of matrimonial real property and immovables that are situated on a reserve.
Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
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1st Session, 39th Parliament,
55 Elizabeth II, 2006
house of commons of canada
BILL C-289
An Act to amend the Indian Act (matrimonial real property and immovables)
R.S., c. I-5
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. The Indian Act is amended by adding the following after section 90:
Division and possession of matrimonial real property and immovables
90.1 (1) Notwithstanding any other section of this or any other Act, the law of the province or territory in which a reserve is situated applies to the division and possession of matrimonial real property and immovables that are situated on the reserve.
Reserve situated in more than one province
(2) If a reserve is situated in more than one province or territory, the law of the province or territory in which the greater part of the reserve is situated applies to the division and possession of matrimonial real property and immovables that are situated on the reserve.
Exception
(3) This section does not apply in respect of matrimonial real property and immovables that are situated on a reserve of a first nation, as defined in subsection 2(1) of the First Nations Land Management Act, that has, in accordance with that Act,
(a) incorporated into its land code general rules and procedures, in cases of breakdown of marriage, respecting the use, occupation and possession of first nation land and the division of interests in first nation land; or
(b) enacted a first nation law containing those general rules and procedures.
Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services CanadaOttawa, Ontario K1A 0S5Telephone: (613) 941-5995 or 1-800-635-7943Fax: (613) 954-5779 or 1-800-565-7757publications@pwgsc.gc.cahttp://publications.gc.ca