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.

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

April 17th, 2013 / 6:25 p.m.


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Some hon. members

Yea.

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

April 17th, 2013 / 6:25 p.m.


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The Speaker Andrew Scheer

All those opposed will please say nay.

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

April 17th, 2013 / 6:25 p.m.


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Some hon. members

Nay.

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

April 17th, 2013 / 6:25 p.m.


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The Speaker Andrew Scheer

In my opinion the nays have it.

And five or more members having risen:

The hon. member for Skeena—Bulkley Valley is rising on a point of order.

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

April 17th, 2013 / 6:25 p.m.


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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Quickly, because I do not want to interrupt the vote, and I may have heard it incorrectly. Did Mr. Penashue second the bill?

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

April 17th, 2013 / 6:25 p.m.


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The Speaker Andrew Scheer

That is right, at second reading.

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

April 17th, 2013 / 6:25 p.m.


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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

Can he second a vote, historically speaking?

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

April 17th, 2013 / 6:25 p.m.


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The Speaker Andrew Scheer

That is correct. At the time, he was both a member of the House and a member of cabinet. The motion at second reading was properly before the House.

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

April 17th, 2013 / 6:25 p.m.


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NDP

Nathan Cullen NDP Skeena—Bulkley Valley, BC

It remains in his name even though he has been sent from the House?

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

April 17th, 2013 / 6:25 p.m.


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The Speaker Andrew Scheer

That is correct.


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

Vote #660

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

April 17th, 2013 / 6:30 p.m.


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The Speaker Andrew Scheer

I declare the motion carried. Accordingly, the bill stands referred to the Standing Committee on the Status of Women.

(Bill read the second time and referred to a committee)

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

April 17th, 2013 / 6:30 p.m.


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The Speaker Andrew Scheer

The Chief Government Whip is rising on a point of order.

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

April 17th, 2013 / 6:30 p.m.


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Conservative

Gordon O'Connor Conservative Carleton—Mississippi Mills, ON

Mr. Speaker, for Bill S-2, the previous question, I believe that the member for Bruce—Grey—Owen Sound arrived after the question had been read. I do not think his vote should have been recorded.

Family Homes on Reserves and Matrimonial Interests or Rights ActGovernment Orders

April 17th, 2013 / 6:30 p.m.


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Conservative

Larry Miller Conservative Bruce—Grey—Owen Sound, ON

Mr. Speaker, that was on the very first vote. I was here for the last one. I did walk in; it was like walking into a parade or being a spectator, and I just joined the parade. My apologies.