Below you will find a number of resources that may assist in understanding the rights and protections available to individuals and families living on reserves where the provisional federal rules of the Act apply. You may also wish to refer to our Frequently Asked Questions (FAQ) found here.
Note that once a First Nation has enacted its own MRP law the provisional federal rules contained within the Act no longer apply. It is important for you to understand which rules apply in your circumstances.
A list of First Nations that have enacted their own MRP laws in accordance with the Family Homes on Reserves and Matrimonial Interests or Rights Act can be found at this Government of Canada webpage.
Always feel free to contact The Centre of Excellence for more information.
COEMRP is pleased to provide a series of self help guides entitled “Applying for an Exclusive Occupation Order for a Family Home on Reserve” (one per province) that assist individuals in a relationship breakdown who are looking to apply for an Exclusive Occupation Order under Section 20 of the Family Homes on Reserves and Matrimonial Interests or Rights Act.
Note: An Exclusive Occupation Order (EOO) is a court order that provides one spouse or common-law partner (whether or not they are a First Nation member or an Indian as defined under the Indian Act) short to long term occupancy of the family home on reserve to the exclusion of the other spouse or common-law partner. This could apply even if the home is owned by the First Nation.
The duration of this order could range from a set number of days to a longer period e.g., until dependent children reach the age of majority.
- British Columbia
- New Brunswick
- Newfoundland and Labrador
- Nova Scotia
- Prince Edward Island
Role of Chief and Council
This toolkit is intended as a general guide for drafting Wills for First Nations people who are registered under the Indian Act and are “ordinarily resident on reserve”. It contains a brief summary of applicable law and sample clauses as a guide; however, it is not intended to be a comprehensive review of the law, nor should you rely on any of the information in this toolkit as a substitution for consulting with and retaining a lawyer. Wills for First Nations people can be complex and no one’s circumstances are identical, so it is recommended that you seek legal advice on your own First Nation laws, the laws of Canada and sometimes the laws of the Province or Territory where you live or where you own property.
It is not recommended that you prepare your own Will and this toolkit is not intended to give you legal advice.