Family Homes on Reserves and

Matrimonial Interests or Rights Act

2013, c. 20)

(the Act)
In force as of December 16, 2014

(S.C.

Family Homes on Reserves and Matrimonial Interests or Rights Act

(the Act)

Context

Legislative gaps
Matrimonial Real Property rights are not addressed in the Indian Act
Provincial and territorial family laws cannot be applied on reserves (1986 ruling by the
Supreme Court of Canada)

No protection of rights of spouses on reserves in case of separation or death

Only federal and provincial laws pertaining to certain types of matrimonial

property (money, bank accounts and cars) apply on reserves. No provisions
for family property.

Benefits of the Act

Basic protection and rights for spouses on reserves during marriage or

common law relationship and in the event of separation or death

The Act prevents one spouse from selling the home without the others
consent

The possibility for courts to decide who stays in the home

Recourse in case of violence

Created by Nathalie King, April 2015

Family Homes on Reserves and Matrimonial Interests or Rights Act

(the Act)
Who the Act applies to

Married couples or common-law partners living on reserves where at least one is a First Nations
member
Spouse: either of two persons who have entered in good faith into a marriage that is voidable or void.
Common-law partner: a person who is cohabiting with the individual in a conjugal relationship, having
so cohabited for a period of at least one year.

All First Nations (FN) automatically with the exception of:

FN with their own Matrimonial Real Property laws
FN with land codes or Matrimonial Real Property laws in place under the First Nations Land Management
Act
FN with reserve lands and a Self-Government Agreement in effect and with jurisdiction over land
management.

Rights and Protections provided by the Act

Equal occupancy rights of the family home during conjugal relationship

Consent of both spouses/common-law partners required for sale of family home

Access to Emergency Protection Order (EPO) in case of violence

Exclusive occupation order

Equal division of value of family home and matrimonial interests or rights

Entitlement of survivor on death of spouse or common-law partner

Court resolutions become an option in case of separation or death

Created by Nathalie King, April 2015

Family Homes on Reserves and Matrimonial Interests or Rights Act

(the Act)

Enactment of First Nation Law

The Act provides a transition period to enable First Nations to enact their own
laws with community approval

The Act came into force on December 16, 2014; however First Nations can
enact their own laws at any time

Once a First Nation has enacted its own law, the Act no longer applies

The Act vs. Collective and Individual Rights

The Act is intended to balance collective interests of the First Nations on their
lands

The Act is intended to balance individual rights where spouses and commonlaw partners have access to rights and protections similar to those of other
Canadians

The First Nations also have the right to defend their traditional practices if
they are infringed upon by the Act (this does not apply in cases of emergency
protection orders)

The Act respects the principle of non-alienation of reserve lands

Created by Nathalie King, April 2015

Family Homes on Reserves and Matrimonial Interests or Rights Act

(the Act)

SUMMARY
The Act corrects a legislative gap by providing matrimonial
rights and protections similar to those of other Canadians to
on-reserve residents.
The Act enables First Nations to enact laws that meet their
specific needs and respects their customs.
The Act provides a transition period providing First Nations
time to enact their own laws until it came into effect on
December 16, 2014.
The Act provides interim provisional rules ensuring that onreserve residents have access to resolution mechanisms in
the event of a relationship breakdown or death pending the
enactment of the First Nations law.
Created by Nathalie King, April 2015

Resources:
http://laws-lois.justice.gc.ca/eng/acts/F-1.2/
http://coemrp.ca/faq

Thank you!