If you are interested in having a COEMRP representative attend your First Nation to provide an MRP information workshop click please contact us at firstname.lastname@example.org.
The following resources provide information to First Nation Leadership & Technicians to aid in the implementation of:
- Family Homes on Reserves and Matrimonial Interests or Rights Act
- The steps to developing a First Nation MRP law
- The provisional federal rules which apply on reserve until the First Nation enacts its own MRP law
- On-reserve Rental Housing
- Dispute Resolution mechanisms to assist families to resolve matrimonial real property matters
Family Homes on Reserves and Matrimonial Interests or Rights Act
The Family Homes on Reserves and Matrimonial Interests or Rights Act has the potential to impact many areas of First Nation governance. The following list may assist you to consider all aspects of governance as you proceed with your law making or implementation activities:
The Centre of Excellence for Matrimonial Real Property has developed the following resources to provide a comprehensive understanding of the Family Homes on Reserves and Matrimonial Interests or Rights Act:
- Plain Language Version of the Family Homes on Reserves and Matrimonial Interests or Rights Act
- A Quick Reference Guide to the Family Homes on Reserves and Matrimonial Interests or Rights Act
- On-Reserve Matrimonial Real Property Rights Booklet
- Matrimonial Real Property Rights on Your Reserve Brochure
- Understanding Estates Management on Reserve
- Role of Chief and Council
Those First Nations opting to develop their own matrimonial real property law will find useful information on the First Nation Law Making page.
In addition, the Centre has developed a Matrimonial Real Property Toolkit to guide First Nation law making activities. The Toolkit includes:
The Centre has also developed an MRP Law-making workbook:
Practical Implementation Tools:
Section 41 of the Act states that an applicant for an order (i.e. Exclusive Occupation) under this Act provide a copy of the application to the First Nation on whose reserve the family home in question is located. This allows an opportunity for the First Nation to make representation to the courts with respect to the cultural, social, and legal context that pertains to the application and present its views whether or not the order should be made.
The following resources will assist the council to understand its role and the matters that could be considered in determining its position with respect to the application.
The Centre of Excellence for Matrimonial Real Property has produced a MRP Desk Manual for First Nations Land Managers. This desk manual is intended to assist land managers with the administrative aspects of the Act and the registration of documents in the Indian Land Registry System. The manual and an instructional video can be found below.
Custom Allotment Paper:
The Naut’sa mawt Tribal Council has developed an open-source toolkit intended to provide a starting point for the comprehensive development or enhancement of on-reserve rental housing documents. As of phase 2, it consists of templates and discussion guides that are available in MS Word format for the consideration, comment, and use of all First Nations. First Nations may request a copy of the On-Reserve Housing Policy Development Toolkit here.
Section 2(3) for greater certainty, for the purposes of this Act, an agreement between spouses and common law partners includes an agreement reached through traditional dispute resolution. For consideration in developing a dispute resolution mechanism, please refer to our Toolkit for On-Reserve Matrimonial Real Property Dispute Resolution.