Free e-Course - New Rights, New Obligations: An Introduction to The Family Homes on Reserves and Matrimonial Interests or Rights Act
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This self-paced e-Course is available on demand and is designed to provide you with substantive information about the Family Homes on Reserves and Matrimonial Interests or Rights Act (FHRMIRA), as well as practical information you will need to know when making applications under FHMRIRA.
Did you know that under FHRMIRA each First Nation (other than those excluded) may be able to enact its own laws to address matrimonial property interests or rights on reserve land, but that unless and until they do so, provisional rules under FHRMIRA apply?
Under the provisional rules spouses and common law partners may have rights to property on reserves in cases of relationship breakdown or death.
The topics covered in this free e-Course include:
- Understanding the Background
- A legislative gap
- Understanding the Foundation of FHRMIRA
- Landholding on Reserve lands
- Manitoba First Nations Excluded from the provisional rules
- Jurisdiction of the Court
- Manitoba’s approach to the Protection Order and Exclusive Occupation Order Provisions
- Court of Queen’s Bench Rule 70.03 (7.2) and relevant forms,
- Interim exclusive occupation orders
- Varying or revoking an exclusive occupation order
- Matrimonial property interests or rights
- Division of the value of structures and land on separation
- Valuation date
- Variation of amounts owed
- Time limit on application for entitlement
- Whether to pursue an application under FHRMIRA
- Wills and distribution of property on intestacy under the Indian Act
• Penalties and Enforcement
Funding for this e-Course was provided by Indigenous and Northern Affairs Canada.
This program may be reported for a maximum of 1.5 hours of eligible CPD activity.