Family Homes on Reserves and Matrimonial Interests or Rights Act

Marginal note:First Nations with reserve lands

• 12 (1) Sections 13 to 52 only apply to a First Nation that has reserve lands and that is not referred to in subsection (2) or (3) if the First Nation laws that it enacts under section 7 are not in force.

• Marginal note:Framework Agreement on First Nation Land Management Act

  (2) Sections 13 to 52 apply to a First Nation, within the meaning of subsection 2(2) of the Framework Agreement on First Nation Land Management Act, only if

  • (a) on the day on which this subsection comes into force, the land code that the First Nation adopts under the Framework Agreement, as defined in subsection 2(1) of that Act, is not in force; and

  • (b) the First Nation laws that it enacts under section 7 of this Act or subclause 18.3 of that Framework Agreement are not in force.

• Marginal note:Self-governing First Nations that retain reserve land

  (3) Sections 13 to 52 only apply to a First Nation that has the power to manage its reserve land under a self-government agreement into which the First Nation has entered and to which Her Majesty in right of Canada is a party if

  • (a) on the recommendation of the parties to the agreement, the Minister makes a declaration, by order, that those sections apply to the First Nation; and

  • (b) the First Nation laws referred to in section 7 that it enacts under that section or under the self-government agreement are not in force.

• Marginal note:Declaration

  (4) In the declaration referred to in paragraph (3)(a), the Minister must specify that sections 13 to 52 apply to the First Nation until the First Nation laws referred to in section 7 that it enacts under that section or under the self-government agreement come into force.

• Marginal note:List

  (5) The Minister must maintain a list of First Nations in respect of which the Minister has made a declaration and must publish in any manner that the Minister considers appropriate the list and any amendments to the list.

• Marginal note:Notice on coming into force

  (6) If a First Nation in respect of which the Minister has made a declaration enacts the First Nation laws referred to in section 7 under that section or under the self-government agreement, and those laws come into force, the First Nation must notify the Minister in writing without delay.