Marginal note:Right of appeal — divorce proceeding

• 46. (1) An order made under this Act in a divorce proceeding as defined in subsection 2(1) of the Divorce Act is deemed, for the purposes of section 21 of that Act, to be an order made under that Act.

• Marginal note:Right of appeal — other proceeding

  (2) Any other order made under this Act, except under any of sections 16 to 19, may be appealed to the court exercising appellate jurisdiction over the court that made the order.

Rules of Practice and Procedure

Marginal note:Definitions

• 47. (1) The following definitions apply in this section.

  “appellate court”

  « cour d’appel »

  “appellate court”, in respect of an appeal from a court, means the court exercising appellate jurisdiction with respect to that appeal.

  “competent authority”

  « autorité compétente »

  “competent authority”, in respect of a court in a province, a court established under the laws of a province or an appellate court in a province, means the body, person or group of persons ordinarily competent under the laws of that province to make rules regulating the practice and procedure in that court.

• Marginal note:Rules

  (2) Subject to subsection (3), the competent authority may make rules applicable to any proceedings under this Act in a court, or appellate court, in a province, and to any proceedings under section 16 in a court established under the laws of a province, including, without limiting the generality of the foregoing, rules

  • (a) regulating the practice and procedure in the court, including the addition of persons as parties to the proceedings;

  • (b) respecting the conduct and disposition of any proceedings under this Act without an oral hearing;

  • (c) regulating the sittings of the court;

  • (d) respecting the fixing and awarding of costs;

  • (e) prescribing and regulating the duties of officers of the court;

  • (f) respecting the transfer of proceedings under this Act to or from the court; and

  • (g) prescribing and regulating any other matter considered expedient to attain the ends of justice and carry into effect the purposes and provisions of this Act.

• Marginal note:Exercise of power

  (3) The power to make rules conferred by subsection (2) on a competent authority must be exercised in the like manner and subject to the like terms and conditions, if any, as the power to make rules conferred on that authority by the laws of the province.

• Marginal note:Not statutory instruments

  (4) Rules made under this section by a competent authority that is not a judicial or quasi-judicial body are deemed not to be statutory instruments within the meaning and for the purposes of the Statutory Instruments Act.

Other Provisions

Marginal note:Determination by court — interest or right

48. For the purposes of this Act, a court may, by order, determine whether a spouse, a common-law partner, a survivor or an estate of a deceased spouse or common-law partner holds an interest or right in or to a structure or land situated on a reserve, on application by one of the spouses or common-law partners, the survivor, the executor of the will, the administrator of the estate or the council of the First Nation on whose reserve the structure or land is situated.

Marginal note:Proceedings on death

• 49. (1) When a spouse or common-law partner makes an application under any of sections 29 to 33 and both spouses or common-law partners or one of them dies before the application is disposed of, the application may be continued by or against the executor of the will or the administrator of the estate of the spouse or common-law partner who dies.

• Marginal note:Application by survivor

  (2) When a survivor makes an application under section 36, 39 or 40 and the survivor dies before the application is disposed of, the application may be continued by the executor of the will or the administrator of the estate of the survivor.

• Marginal note:Application by executor or administrator

  (3) When an executor of a will or an administrator of an estate makes an application under section 35 or 40 and the survivor dies before the application is disposed of, the application may be continued against the executor of the will or the administrator of the estate of the survivor.

Marginal note:Notice to Minister or council

50. When a court makes an order under this Act, except under section 19, the applicant must, without delay, send a copy of the order to the Minister or, if the order is in respect of any structure or land situated on the following reserves or land base, to the council of the First Nation:

• (a) a reserve of a First Nation that is subject to a land code as defined in subsection 2(1) of the First Nations Land Management Act;

• (b) a reserve of a First Nation that is on the list referred to in subsection 12(5); or

• (c) the Kanesatake Mohawk interim land base as defined in subsection 2(1) of the Kanesatake Interim Land Base Governance Act.

Marginal note:Provincial laws of evidence

51. Subject to this Act, the laws of evidence of the province in which any proceedings under this Act are taken, including the laws of proof of service of any document, apply to those proceedings.

Marginal note:Enforcement of orders

• 52. (1) On application by a person who is neither a First Nation member nor an Indian and in whose favour an order is made under subsection 30(1), section 33, subsection 36(1) or section 40, a council may, on behalf of the person, enforce the order on a reserve of the council’s First Nation as if the order had been made in favour of the First Nation.

• Marginal note:Payment into court

  (2) If the council notifies the person that it will not enforce the order or does not enforce it within a reasonable period after the application is made, a court may, on application by the person, vary the order to require the person against whom the order was made to pay into court the amount payable that was specified in the order, if the court is satisfied that it is necessary for the enforcement of the order.

REGULATIONS

Marginal note:Governor in Council

• 53. (1) The Governor in Council may make regulations that the Governor in Council considers necessary for carrying out the purposes and provisions of this Act, including regulations making rules that are applicable to any proceedings under this Act and prescribing anything that by this Act is to be prescribed.

• Marginal note:Regulations prevail

  (2) Any regulations that may be made under subsection (1) to provide for uniformity in the rules made under section 47 prevail over those rules.

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.