Bill S-2 (Historical)

Family Homes on Reserves and Matrimonial Interests or Rights Act

An Act respecting family homes situated on First Nation reserves and matrimonial interests or rights in or to structures and lands situated on those reserves

This bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

This enactment provides for the adoption of First Nation laws and the establishment of provisional rules and procedures that apply during a conjugal relationship, when that relationship breaks down or on the death of a spouse or common-law partner, respecting the use, occupation and possession of family homes on First Nation reserves and the division of the value of any interests or rights held by spouses or common-law partners in or to structures and lands on those reserves.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

June 11, 2013 Passed That the Bill be now read a third time and do pass.
June 11, 2013 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “the House decline to give third reading to Bill S-2, An Act respecting family homes situated on First Nation reserves and matrimonial interests or rights in or to structures and lands situated on those reserves, because it: ( a) is primarily a Bill about the division of property on reserve but the Standing Committee on the Status of Women did not focus on this primary purpose during its deliberations; ( b) fails to implement the ministerial representative recommendation for a collaborative approach to development and implementing legislation; ( c) does not recognize First Nations jurisdiction or provide the resources necessary to implement this law; ( d) fails to provide alternative dispute resolution mechanisms at the community level; ( e) does not provide access to justice, especially in remote communities; ( f) does not deal with the need for non-legislative measures to reduce violence against Aboriginal women; ( g) makes provincial court judges responsible for adjudicating land codes for which they have had no training or experience in dealing with; and ( h) does not address underlying issues, such as access to housing and economic security that underlie the problems on-reserve in dividing matrimonial property.”.
June 4, 2013 Passed That, in relation to Bill S-2, An Act respecting family homes situated on First Nation reserves and matrimonial interests or rights in or to structures and lands situated on those reserves, not more than five further hours shall be allotted to the consideration of the third reading stage of the Bill; and that, at the expiry of the five hours provided for the consideration of the third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.
May 27, 2013 Passed That Bill S-2, An Act respecting family homes situated on First Nation reserves and matrimonial interests or rights in or to structures and lands situated on those reserves, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
April 17, 2013 Passed That the Bill be now read a second time and referred to the Standing Committee on the Status of Women.
April 17, 2013 Passed That this question be now put.
April 17, 2013 Passed That, in relation to Bill S-2, An Act respecting family homes situated on First Nation reserves and matrimonial interests or rights in or to structures and lands situated on those reserves, not more than one further sitting day shall be allotted to the consideration at second reading stage of the Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

See context

The House proceeded to the consideration of Bill S-2, an act respecting family homes situated on First Nation reserves and matrimonial interests or rights in or to structures and lands situated on those reserves, as reported (without amendment) from the committee.

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

May 27th, 2013 / noon


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The Acting Speaker Barry Devolin

There being no motions at report stage, the House will now proceed without debate to the putting of the question on the motion to concur in the bill at report stage.

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

May 27th, 2013 / 12:05 p.m.


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Conservative

Julian Fantino Conservative Vaughan, ON

moved that the bill be concurred in.

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

May 27th, 2013 / 12:05 p.m.


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The Acting Speaker Barry Devolin

The question is on the motion. Is it the pleasure of the House to adopt the motion?

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

May 27th, 2013 / 12:05 p.m.


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Some hon. members

Agreed.

No.

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

May 27th, 2013 / 12:05 p.m.


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The Acting Speaker Barry Devolin

All those in favour of the motion will please say yea.

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

May 27th, 2013 / 12:05 p.m.


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Some hon. members

Yea.

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

May 27th, 2013 / 12:05 p.m.


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The Acting Speaker Barry Devolin

All those opposed will please say nay.

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

May 27th, 2013 / 12:05 p.m.


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Some hon. members

Nay.

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

May 27th, 2013 / 12:05 p.m.


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The Acting Speaker Barry Devolin

In my opinion the yeas have it.

And five or more members having risen:

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

May 27th, 2013 / 12:05 p.m.


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NDP

Chris Charlton NDP Hamilton Mountain, ON

Mr. Speaker, I would ask that the vote be deferred to Tuesday, May 28 at 9:30 p.m.

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

May 27th, 2013 / 12:05 p.m.


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The Acting Speaker Barry Devolin

The acting opposition whip has asked for a deferral. However, according to the Standing Orders of the House, a recorded division on a motion to concur in a bill at report stage, while being a non-debatable motion, can only be deferred on a Friday. As such, it is not possible for it to be deferred at this point.

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

May 27th, 2013 / 12:05 p.m.


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NDP

Chris Charlton NDP Hamilton Mountain, ON

Mr. Speaker, I wonder if I could seek unanimous consent to see the calendar as Friday.

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

May 27th, 2013 / 12:05 p.m.


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The Acting Speaker Barry Devolin

Does the hon. member have unanimous consent of the House?

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

May 27th, 2013 / 12:05 p.m.


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Some hon. members

Agreed.

No.