First Nations with Matrimonial Real Property Laws Under the Family Homes on Reserves and Matrimonial Interests or Rights Act

On December 16, 2013, the First Nations law-making mechanism in the Family Homes on Reserves and Matrimonial Interests or Rights Act (FHRMIRA) came into force. The provisional federal rules now apply until a First Nation enacts their own community-specific matrimonial real property law. The exceptions to this can be found on the Application of the Legislation web page.

The Minister of Indigenous Services Canada is required by FHRMIRA to maintain and publish a list of First Nations with matrimonial real property laws enacted under this legislation. Subsection 11(6) of FHRMIRA states:

The Minister must maintain a list of First Nations whose laws are in force and must publish in any manner that the Minister considers appropriate the list and any amendments to the list.

To comply with this requirement in FHRMIRA, the following is the list of First Nations with matrimonial real property laws in force that have been enacted under the legislation, as well as links to their community's profile.

1. Algonquins of Pikwàkanagàn First Nation, Ontario: April 8, 2014
2. Pictou Landing First Nation, Nova Scotia: December 16, 2014
3. Millbrook First Nation, Nova Scotia: December 1, 2014
4. Bear River First Nation, Nova Scotia: December 16, 2014
5. Paqtnkek Mi'Kmaw Nation, Nova Scotia: December 18, 2014
6. Whitefish River First Nation, Ontario: March 6, 2015
7. Tk'emlúps te Secwe̓pemc, British Columbia: July 30, 2015
8. Sipekne'katik First Nation, Nova Scotia: September 25, 2015
9. Mohawks of Akwesasne, Ontario and Quebec: November 26, 2015
10. Salt River First Nation #195, Northwest Territories and Alberta: December 6, 2015
11. Membertou First Nation, Nova Scotia: April 30, 2016
12. Alderville First Nation, Ontario: September 25, 2017
13. Tsuut'ina First Nation, Alberta: October 20, 2017
14. Lennox Island First Nation, Prince Edward Island: October 21, 2018
15. We'koqma'q First Nation, Nova Scotia: May 2, 2019
16. Huron-Wendat First Nation, Quebec: July 3, 2019
17. Mitaanjigamiing First Nation, Ontario: October 16, 2019

The Minister is also required by FHRMIRA to maintain a list of self-governing First Nations that retain reserve land who ask that the Minister declare that the provisional federal rules apply to them via a ministerial order. Subsection 12(5) of FHRMIRA states:

The Minister must maintain a list of First Nations in respect of which the Minister has made a declaration and must publish in any manner that the Minister considers appropriate the list and any amendments to the list.

Currently, no self-governing First Nations that retain reserve land have asked the Minister of Indigenous Services Canada to declare that the provisional federal rules apply to them.