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 here.
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.