TRANSITIONAL PROVISIONS

Marginal note: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.

• Marginal note: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.

Marginal note: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 as defined in subsection 2(1) of the First Nations Land Management Act for a period of three years after that day.

COMING INTO FORCE

Marginal note: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.

• Marginal note:Provisional federal rules

  (2) Sections 12 to 52 come into force one year after the day on which section 7 comes into force.