Legislation

In collaboration with First Nation people, communities and groups, Aboriginal Affairs and Northern Development Canada (AANDC) developed legislation to address a long-standing and unacceptable legislative gap. The legislation called Bill S-2, Family Homes on Reserves and Matrimonial Interests or Rights Act received Royal Assent on June 19, 2013.

The Family Homes on Reserves and Matrimonial Interests or Rights Act, provides basic rights and protections to individuals on reserves during a relationship, in the event of a relationship breakdown, and on the death of a spouse or common-law partner regarding the family home and other matrimonial interests or rights.

The Act sets out provisions for the enactment of First Nation laws respecting on-reserve matrimonial real property, as well as provisional federal rules to fill the legislative gap in the absence of a First Nation’s own laws.