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 is from 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. The Library of Parliament has also written a full legislative summary of the 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.

Similar bills

S-4 (40th Parliament, 3rd session) Family Homes on Reserves and Matrimonial Interests or Rights Act
C-8 (40th Parliament, 2nd session) Family Homes on Reserves and Matrimonial Interests or Rights Act
C-47 (39th Parliament, 2nd session) Family Homes on Reserves and Matrimonial Interests or Rights Act

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.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other S-2s:

S-2 (2021) An Act to amend the Parliament of Canada Act and to make consequential and related amendments to other Acts
S-2 (2020) An Act to amend the Chemical Weapons Convention Implementation Act
S-2 (2016) Law Strengthening Motor Vehicle Safety for Canadians Act
S-2 (2013) Law Incorporation by Reference in Regulations Act
S-2 (2010) Law Protecting Victims From Sex Offenders Act
S-2 (2009) Law An Act to amend the Customs Act

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.

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

June 11th, 2013 / 11:10 a.m.

Some hon. members

Nay.

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

June 11th, 2013 / 11:10 a.m.

The Deputy Speaker

In my opinion the nays have it.

And five or more members having risen:

Pursuant to order adopted Wednesday, May 22, the deferred recorded division is deferred until later today at the end of oral questions.

The House resumed consideration of the motion 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, be read the third time and passed, and of the amendment

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

June 11th, 2013 / 3 p.m.

The Speaker Andrew Scheer

Pursuant to order made on Wednesday, May 22, 2013, the House will now proceed to the taking of the deferred recorded division on the amendment of Ms. Crowder to the motion at third reading stage of Bill S-2.

Call in the members.

(The House divided on the amendment which was negatived on the following division:)

Vote #747

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

June 11th, 2013 / 3:10 p.m.

The Speaker Andrew Scheer

I declare the amendment defeated.

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

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

June 11th, 2013 / 3:10 p.m.

Some hon. members

Agreed.

No.

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

June 11th, 2013 / 3:10 p.m.

The Speaker Andrew Scheer

All those in favour will please say yea.

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

June 11th, 2013 / 3:10 p.m.

Some hon. members

Yea.

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

June 11th, 2013 / 3:10 p.m.

The Speaker Andrew Scheer

All those opposed will please say nay.

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

June 11th, 2013 / 3:10 p.m.

Some hon. members

Nay.

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

June 11th, 2013 / 3:10 p.m.

The Speaker Andrew Scheer

In my opinion, the yeas have it.

And five or more members having risen:

(The House divided on the motion, which was agreed to on the following division:)

Vote #748

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

June 11th, 2013 / 3:15 p.m.

The Speaker Andrew Scheer

I declare the motion carried.

(Bill read the third time and passed)

The hon. member for New Brunswick Southwest is rising on a point of order.

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

June 11th, 2013 / 3:20 p.m.

Conservative

John Williamson Conservative New Brunswick Southwest, NB

Mr. Speaker, you can obviously see the point I am trying to make here. In the past, when members voted on both sides of the question, I believe the Chair asked for clarification.

I am pressing this point because when members rise on a question in this House, I think it is important that the rules apply equally and that when members inadvertently vote one way or the other, they are asked to stand to correct the record.

For the record, I am glad you did not ask the whip for the NDP as to how I vote. I would like to affirm now that I vote with the government.