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Second Session, Thirty-Seventh Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.
It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.

Bill 41

AN ACT TO COMPLY WITH THE SUPREME COURT OF CANADA DECISION IN M. V. H.


Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

THE CIVIL SERVICE SUPERANNUATION ACT

C.C.S.M. c. C120 amended

1(1)        The Civil Service Superannuation Act is amended by this section.

1(2)        Subsection 1(1) is amended

(a) in the part of the definition "child" after clause (c), by striking out "declared";

(b) by repealing the definitions "common-law relationship", "common-law spouse" and "spouse";

(c) by adding the following definitions in alphabetical order:

"common-law partner" of a person means a person who, not being married to the other person, cohabited with him or her in a conjugal relationship

(a) for a period of at least three years, if either of them is married, or

(b) for a period of at least one year, if neither of them is married,

as shown by written evidence satisfactory to the board; (« conjoint de fait »)

"common-law relationship" means the relationship between two persons who are common-law partners of each other; (« union de fait »)

(d) in the part of the definition "salary" after clause (d), by adding ", common-law partner" after "spouse".

1(3)        The following is added after subsection 1(2):

Surviving common-law partner

1(3)        For the purposes of this Act, a common-law partner shall be considered to have survived a deceased person with whom he or she had a common-law relationship only if they were cohabiting with each other immediately before the deceased's death.

1(4)         Subsection 3(1) of the French version is amended

(a) in the section heading, by striking out "la relation maritale" and substituting "l'union de fait"; and

(b) in the subsection, by striking out "relation maritale" and substituting "union de fait".

1(5)        Subsection 3(2) is repealed and the following is substituted:

Payment where not notified of common-law relationship

3(2)        If, not having received written notice of a common-law relationship between a member and a surviving common-law partner of the member, the board pays out an amount under this Act by reason of the member's death as though the member were not survived by the common-law partner, the board is not liable in any way for not having made the payment to the common-law partner.

1(6)        Clauses 23(1)(b) and 23(2)(b) are amended in the part before subclause (i) by striking out "spouse" and substituting "surviving spouse or common-law partner".

1(7)        Subsection 29(1) is amended

(a) in clauses (d) and (e), by striking out everything after "her surviving spouse" and substituting "or common-law partner until the death of the spouse or common-law partner; or"; and

(b) in clauses (f) and (g),

(i) by adding "or common-law partner" after "her spouse", and

(ii) by adding "or common-law partner" after "that spouse".

1(8)        Subsection 29(1.1) is repealed and the following is substituted:

References to "spouse or common-law partner"

29(1.1)     In clauses (1)(d) to (g), "spouse or common-law partner" means the individual who, at the time the retired employee applied for an optional annuity under subsection (1), was, and was designated by the employee as, his or her spouse or common-law partner.

1(9)        Subsection 29(2) is amended

(a) in clauses (a) and (b), by adding "or common-law partner" after "spouse" wherever it occurs; and

(b) in clause (a), by adding "surviving" after "his".

1(10)       Clause 29(7)(b) is amended

(a) in subclauses (i) and (ii), by adding "or common-law partner" after "spouse"; and

(b) in subclause (iii), by striking out "neither surviving spouse nor infant children" and substituting "no surviving spouse or common-law partner and no infant children".

1(11)       Section 30 is amended

(a) in the section heading, by striking out "married persons" and substituting "spouse or common-law partner"; and

(b) in the section,

(i) by adding "or cohabiting with a common-law partner" after "married", and

(ii) by adding "or common-law partner" after "spouse".

1(12)       Subsection 33(9) is amended

(a) in the section heading, by striking out "marriage"; and

(b) in the English version of the subsection, by striking out "former common-law spouse" wherever it occurs and substituting "common-law partner".

1(13)       Subsection 42(1) is amended in the part before clause (a) by adding "or common-law partner" after "spouse".

1(14)       Subsection 42(2) is amended by adding "or common-law partner" after "spouse" wherever it occurs.

1(15)       Subsection 42(4) is amended

(a) in the part before clause (a), by adding "or common-law partner" after "spouse";

(b) by repealing clause (a) and substituting the following:

(a) the spouse or common-law partner dies before the annuity is paid to him or her for 120 months; and

(c) in clause (b), by adding "or common-law partner" after "spouse".

1(16)       Subsection 42(18) is amended by adding "or common-law partner" after "spouse" wherever it occurs.

1(17)       Subsection 43(1) is amended by adding "or common-law partner" after "spouse" wherever it occurs.

1(18)       Subsection 44(1) of the English version is amended by striking out "or former spouse or common law spouse" wherever it occurs and substituting ", former spouse or common-law partner".

1(19)       Clause 44(2)(b) of the English version is amended by striking out "or former spouse or common law spouse" and substituting ", former spouse or common-law partner".

1(20)       Clause 44(3)(b) of the English version is amended by striking out "or former spouse or common law spouse" and substituting ", former spouse or common-law partner".

1(21)       Subsection 45(1) is amended by adding "or common-law partner" after "spouse" wherever it occurs.

1(22)       Subsection 45(4) is amended by adding "or surviving common-law partner" after "spouse" in the section heading and in the subsection.

1(23)       Subsection 50(1) is amended

(a) by repealing the section heading and substituting "Payments from fund after person's death";

(b) in clause (a) and in the part of clause (b) before subclause (i), by adding "or common-law partner" after "spouse";

(c) in subclauses (b)(i) and (ii), by striking out "person's spouse" and substituting "surviving spouse or common-law partner".

1(24)       Subsection 50(2) is amended

(a) in the section heading, by adding "or common-law partner" after "spouse"; and

(b) in the subsection, by striking out "spouse" wherever it occurs and substituting "surviving spouse or common-law partner".

1(25)       Clause 53(2)(d) is amended by adding "or common-law partner" after "spouse".

1(26)       Section 64.1 is amended by adding "or common-law partner" after "spouse".

1(27)       Subsection 68(1) is amended by adding "or common-law partner" after "spouse" wherever it occurs.

1(28)       Subsection 68(2) is amended by adding "or common-law partner" after "spouse".

THE COURT OF QUEEN'S BENCH ACT

C.C.S.M. c. C280 amended

2           Clause (c) of the definition "family proceeding" in section 41 of The Court of Queen's Bench Act is amended by striking out "who are living or have lived together as husband and wife in the relationship commonly referred to as a common law marriage" and substituting "who are cohabiting, or have cohabited, in a conjugal relationship".

THE DEPENDANTS RELIEF ACT

C.C.S.M. c. D37 amended

3(1)        The Dependants Relief Act is amended by this section.

3(2)        Section 1 is amended by adding the following definition in alphabetical order:

"common-law partner" of a deceased means a person who, not being married to the deceased, cohabited with him or her in a conjugal relationship

(a) for a period of at least three years, or

(b) for a period of at least one year and they are together the parents of a child; (« conjoint de fait »)

3(3)        The definition "dependant" in section 1 is amended

(a) by repealing clause (c) and substituting the following:

(c) a common-law partner of the deceased, where

(i) cohabitation was subsisting at the deceased's death,

(ii) cohabitation was not subsisting but had ceased within three years of the deceased's death, or

(iii) the common-law partner was being paid or was entitled to be paid maintenance and support by the deceased under an agreement or a court order at the time of the deceased's death,

(b) in clause (f) of the French version, by striking out "le père, la mère" and substituting "les parents".

3(4)        Clause (b) of the French version of the definition "enfant" in section 1 is amended by striking out "de père ou de mère" and substituting "de parent".

3(5)        Clause 8(1)(k) of the French version is amended by striking out "de père ou de mère" and substituting "de parent".

THE FAMILY MAINTENANCE ACT

C.C.S.M. c. F20 amended

4(1)        The Family Maintenance Act is amended by this section.

4(2)        Section 1 is amended by adding the following definitions in alphabetical order:

"common-law partner" of a person means a person who, not being married to the other person, cohabited with him or her in a conjugal relationship

(a) for a period of at least three years, or

(b) for a period of at least one year and they are together the parents of a child; (« conjoint de fait »)

"common-law relationship" means the relationship between two persons who are cohabiting as common-law partners of each other; (« union de fait »)

4(3)        The heading for Part I is amended by adding "AND COMMON-LAW PARTNERS" after "SPOUSES".

4(4)         Subsection 4(1) is amended by adding "and common-law partners" after "Spouses".

4(5)        Subsection 4(2) is amended

(a) by adding "or common-law partner," after "spouse" wherever it occurs;

(b) by adding "or the common-law partners" after "spouses"; and

(c) by adding "or common-law" after "marriage".

4(6)        Subsections 4(3) and (4) are repealed.

4(7)        Section 5 is amended by adding "or common-law partner" after "spouse" wherever it occurs.

4(8)        Section 6 is amended by adding "or common-law partner" after "spouse" wherever it occurs.

4(9)        Subsection 7(1) is repealed and the following is substituted:

Factors affecting order

7(1)        In determining whether to make an order under this Part or section 46, what provisions the order should contain, and, in particular, what is reasonable under sections 4, 5 and 6 for the purposes of the order, a court shall consider all the circumstances of the spouses or common-law partners, including the following:

(a) the financial needs of each;

(b) the financial means, earnings and earning capacity of each;

(c) the standard of living of the spouses or common-law partners;

(d) any obligation of either of them for the support and maintenance of a child or a person other than the other spouse or common-law partner;

(e) any contribution of a spouse or common-law partner within the meaning of subsection (2);

(f) the amount of any property settlement made between them;

(g) where one of them is financially dependent upon the other, the measures available for the dependent person to become financially independent of the other, and the length of time and cost involved in taking those measures;

(h) any impairment of the income-earning capacity and financial status of either resulting from the marriage or common-law relationship;

(i) where one of them is financially dependent upon the other, whether and to what extent the dependent spouse or common-law partner is complying with the requirements of section 6;

(j) the duration of the marriage or common-law relationship.

4(10)       Subsection 7(2) is amended by adding "or common-law partner" after "spouse" wherever it occurs.

4(11)       Subsection 8(1) is amended in the part before clause (a),

(a) by adding "and common-law partners" after "Spouses"; and

(b) by adding "or common-law relationship" after "marriage".

4(12)       Subsection 8(2) is amended

(a) by striking out "Where a spouse" and substituting "Where a spouse or common-law partner";

(b) by striking out "other spouse" and substituting "other spouse or common-law partner";

(c) by striking out "non-complying spouse" and substituting "non-complying party"; and

(d) by striking out "that spouse" and substituting "that party".

4(13)       Subsection 9(1) is repealed and the following is substituted:

Application for order

9(1)        A spouse or common-law partner, or any person on his or her behalf, may apply to a court for an order of support and maintenance where

(a) the other spouse or common-law partner is in breach of an obligation under this Part; or

(b) an order is desired to fix the amount of support and maintenance payable to the other spouse or common-law partner.

4(14)       Subsection 9(2) is amended

(a) by striking out "two spouses" and substituting "spouses or common-law partners"; and

(b) by adding "or common-law partner" after "the spouse".

4(15)       Subsection 9(3) is amended

(a) by adding "or common-law partner" after "spouse" wherever it occurs; and

(b) in clause (b), by adding "or common-law partners" after "spouses".

4(16)       Subsection 9(4) is amended by adding "or common-law partner" after "spouse" wherever it occurs.

4(17)       Subsection 10(1) is amended

(a) in clause (a), by striking out "That one spouse pay to the other spouse, or to a third person on behalf of the other spouse" and substituting "That one spouse or common-law partner pay to the other spouse or common-law partner, or to a third person on his or her behalf";

(b) by adding the following after clause (b):

(b.1) A finding as to the period of time during which common-law partners cohabited in a common-law relationship, and the dates their cohabitation commenced and ceased;

(c) in clause (e), by striking out "one spouse, or by both spouses" and substituting "one spouse or common-law partner, or by both spouses or common-law partners,";

(d) in clause (f), by striking out "That one spouse, or the employer, partner or principal of one spouse, as the case may be, provide the other spouse" and substituting "That a spouse or common-law partner, or his or her employer, partner or principal, as the case may be, provide the other spouse or common-law partner";

(e) in clause (h), by adding "or common-law partner" after "spouse";

(f) in clause (i), by adding "or common-law partner" after "spouse" wherever it occurs; and

(g) in clause (j), by adding "or common-law partners" after "spouses".

4(18)       Subsection 12(1) is amended

(a) in the part before clause (a),

(i) by striking out "applicant spouse and, where the respondent spouse is present, to the respondent spouse" and substituting "applicant spouse or common-law partner and, where the respondent spouse or common-law partner is present, to that party", and

(ii) by striking out "spouses" and substituting "parties";

(b) in clauses (a) and (b), by striking out "spouses" and substituting "parties"; and

(c) in clause (b), by striking out "marriage" and substituting "relationship".

4(19)       Subsection 12(2) is amended by striking out "spouses" and substituting "parties".

4(20)       Subsection 14(1) is repealed and the following is substituted:

Unmarried cohabitation

14(1)       Where common-law partners have cohabited for a period of at least one year and they are together the parents of a child, this Act applies with such modifications as the circumstances require.

4(21)       Subsection 14(2) is amended

(a) by striking out "Where a man and a woman who are not married to each other have cohabited, either the man or the woman may apply" and substituting "Where two persons who are not married to each other have cohabited in a conjugal relationship, either person may apply"; and

(b) by striking out "as though the man and the woman were married to one another".

4(22)       Subsection 20(8) of the French version is amended in the part before clause (a), by striking out "le père ou la mère" and substituting "l'un des parents".

4(23)       Clause 27(a) of the French version is amended by striking out "le père ou la mère" and substituting "l'un ou l'autre des parents".

4(24)       Subsection 36(3) is amended

(a) by striking out the section heading and substituting "Child of cohabiting person"; and

(b) in the subsection, by adding "in a conjugal relationship" after "cohabiting".

4(25)       Subsection 37.1(1) is amended by striking out "spousal support order" and substituting "spousal or common-law partner support order".

4(26)        Subsection 37.1(2) is amended by striking out "spousal support order or the court makes a spousal support order" and substituting "spousal or common-law partner support order, or makes such an order".

4(27)       Subsection 37.1(3) is amended

(a) by striking out "a spousal support order is not made, or the amount of a spousal support order" and substituting "a spousal or common-law partner support order is not made, or the amount of such an order"; and

(b) by striking out "a spousal support order, or a variation order in respect of the spousal support order" and substituting "a spousal or common-law partner support order, or a variation order in respect of such an order".

4(28)       Subsection 37.2(6) is amended

(a) by adding "or common-law partner" after "spouse"; and

(b) by striking out "an order of spousal support" and substituting "an order of spousal or common-law partner support".

4(29)       Subsection 37.2(7) is repealed.

4(30)       Section 46 is amended by striking out "Statutes of Manitoba, 1977" and substituting "Statutes of Manitoba, 1977,".

4(31)       Subsection 47(2) is amended

(a) in the section heading, by striking out "Marriage counsellor" and substituting "Counsellor"; and

(b) in the subsection,

(i) by adding "or common-law partners" after "spouses", and

(ii) by striking out "spouse"wherever it occurs and substituting "party".

THE FATAL ACCIDENTS ACT

C.C.S.M. c. F50 amended

5(1)        The Fatal Accidents Act is amended by this section.

5(2)        Section 1 is amended by adding the following definitions in alphabetical order:

"common-law partner" of a deceased means a person who, not being married to the deceased, cohabited with him or her in a conjugal relationship

(a) for a period of at least three years immediately preceding the death of the deceased, or

(b) for a period of at least one year immediately preceding the death of the deceased and they are together the parents of a child; (« conjoint de fait »)

"support recipient" means a person to whom the deceased was, at the time of his or her death, required to pay support pursuant to a valid and subsisting written agreement or court order; (« bénéficiaire des aliments »)

5(3)        Subsection 3(1) is amended by striking out "husband, parent" and substituting "husband, common-law partner, support recipient, parent".

5(4)        Subsections 3(5) and (6) are repealed.

THE LEGISLATIVE ASSEMBLY ACT

C.C.S.M. c. L110 amended

6(1)        The Legislative Assembly Act is amended by this section.

6(2)        Section 69 is amended

(a) by repealing the definitions "common-law relationship", "common-law spouse" and "spouse";

(b) by adding the following definitions in alphabetical order:

"common-law partner" of a person means a person who, not being married to the other person, cohabited with him or her in a conjugal relationship

(a) for a period of at least three years, if either of them is married, or

(b) for a period of at least one year, if neither of them is married,

as shown by written evidence satisfactory to the administrator; (« conjoint de fait »)

"common-law relationship" means the relationship between two persons who are common-law partners of each other; (« union de fait »)

(c) by renumbering it as subsection 69(1) and adding the following as subsection 69(2):

Surviving common-law partner

69(2)       For the purposes of this Part, a common-law partner shall be considered to have survived a deceased person with whom he or she had a common-law relationship only if they were cohabiting with each other immediately before the deceased's death.

6(3)        Subsection 80(1) is amended by adding ", common-law partner" after "spouse".

6(4)        Subsections 80(2) and (3) are amended

(a) by adding "or common-law partner" after "spouse" in the section headings; and

(b) in the part after clause (b), by striking out "spouse, the minister shall pay to the spouse" and substituting "spouse or common-law partner, the minister shall pay to the surviving spouse or common-law partner".

6(5)        Subsection 80(4) is amended in the part after clause (b)

(a) by striking out "by eligible survivors but not by a spouse" and substituting "by an eligible survivor but not by a spouse or common-law partner"; and

(b) by striking out "to the spouse of the contributor if the contributor had been survived by a spouse" and substituting "to the surviving spouse or common-law partner of the contributor if he or she had been survived by a spouse or common-law partner".

6(6)        Subsection 81(1) is amended by striking out "spouse or eligible survivors" and substituting "spouse, common-law partner or eligible survivor".

6(7)        Subsection 81(2) is amended

(a) by adding "or common-law partner" after "spouse" in the section heading; and

(b) in the subsection, by striking out "spouse, the minister shall pay the spouse" and substituting "spouse or common-law partner, the minister shall pay the surviving spouse or common-law partner".

6(8)        Subsection 81(3) is amended

(a) by striking out "eligible survivors but not by a spouse" and substituting "eligible survivors but not by a spouse or common-law partner"; and

(b) by striking out "to the spouse of the contributor if the contributor had been survived by a spouse" and substituting "to the surviving spouse or common-law partner of the contributor if he or she had been survived by a spouse or common-law partner".

6(9)        Subsection 82(1) is amended

(a) by adding "or common-law partner" after "spouse" in the section heading and wherever it occurs in the subsection; and

(b) by adding "surviving" after "Where the".

6(10)       Subsection 82(2) is amended by adding "or common-law partner" after "spouse" in the section heading and wherever it occurs in the subsection.

6(11)       Clause 86(c) is amended by adding "or common-law partner" after "spouse".

6(12)       Subsection 90(1) is amended

(a) in clause (b) of the English version, by striking out "the spouse to whom the member is married" and substituting "his or her spouse";

(b) in clause (c)

(i) of the English version, by striking out "common-law spouse" and substituting "common-law partner", and

(ii) of the French version, by striking out "relation maritale" and substituting "union de fait"; and

(c) in the part after clause (c), by adding "or common-law partner" after "spouse".

6(13)       Subsection 90(2) is amended by adding "or common-law partners" after "spouses".

6(14)       Subsection 90(3) is amended

(a) in the section heading of the French version, by striking out "relation maritale" and substituting "union de fait";

(b) in the part before clause (a), by striking out "in the case of a member whose spouse is a common-law spouse" and substituting "in respect of a common-law relationship";

(c) by repealing clause (a) and substituting the following:

(a) identifying an individual and showing that the individual is his or her common-law partner;

(d) in clause (b)

(i) of the French version, by striking out "sa relation maritale" and substituting "son union de fait", and

(ii) of the English version, by striking out "between the member and that spouse".

6(15)       Subsection 90(4) is amended by adding "or common-law partner" after "spouse" wherever it occurs.

6(16)       Subsection 90(5) of the French version is amended

(a) in the section heading, by striking out "la relation maritale" and substituting "l'union de fait"; and

(b) in the subsection, by striking out "relation maritale" and substituting "union de fait".

6(17)       Subsection 90(7) is amended by striking out "spouse or former spouse" wherever it occurs and substituting "spouse, former spouse or common-law partner".

6(18)       Section 91 is amended

(a) by repealing the section heading and substituting "New relationship of member"; and

(b) in the section,

(i) by striking out "former spouse of a former member" and substituting "former spouse or common-law partner of a former member",

(ii) in the French version, by striking out "sa relation maritale" and substituting "son union de fait",

(iii) in the French version, by striking out "autre relation maritale" and substituting "autre union de fait", and

(iv) in the English version, by striking out "surviving former spouse" and substituting "former spouse or common-law partner".

6(19)       Section 92 is amended

(a) by repealing the section heading and substituting "New relationship of survivor"; and

(b) in the section,

(i) by adding "or common-law partner" after "spouse" wherever it occurs, and

(ii) in the French version, by striking out "relation maritale" and substituting "union de fait".

6(20)       Section 93 is amended by striking out "or former spouse" and substituting ", former spouse or common-law partner".

THE PENSION BENEFITS ACT

C.C.S.M. c. P32 amended

7(1)        The Pension Benefits Act is amended by this section.

7(2)        Subsection 1(1) is amended

(a) by repealing the definitions "common-law relationship" and "common-law spouse"; and

(b) by adding the following definitions in alphabetical order:

"common-law partner" of a member or former member means a person who, not being married to the member or former member, cohabited with him or her in a conjugal relationship

(a) for a period of at least three years, if either of them is married, or

(b) for a period of at least one year, if neither of them is married; (« conjoint de fait »)

"common-law relationship" means the relationship between two persons who are common-law partners of each other; (« union de fait »)

7(3)        The following is added as subsection 1(3):

Surviving common-law partner

1(3)        For the purposes of this Act, a common-law partner shall be considered to have survived a member or former member with whom he or she had a common-law relationship only if they were cohabiting with each other immediately before the death of the member or former member.

7(4)        Clauses 21(4)(c) and (d) are amended

(a) in the English version, by striking out "surviving common-law spouse" and substituting "common-law partner";

(b) in the French version, by striking out "ou au conjoint de fait" and substituting "ou conjoint de fait"; and

(c) by striking out "or spouse is entitled" and substituting "or the spouse or common-law partner is entitled".

7(5)        Clause 21(13)(b) is amended by striking out "of an employee other than the surviving spouse of an employee" and substituting "or common-law partner of an employee, other than a spouse or common-law partner".

7(6)        Subsection 21(13.1) is amended by adding "or common-law partner" after "spouse".

7(7)        Subsection 21(26) is amended

(a) in clause (a)

(i) of the English version, by striking out "common-law spouse" and substituting "common-law partner", and

(ii) by adding "or common-law partner" after "that spouse"; and

(b) in clause (b)

(i) of the English version, by striking out "common-law spouse" and substituting "common-law partner", and

(ii) of the French version, by striking out everything after "de conjoint" and substituting "ni conjoint de fait survivant".

7(8)        Subsection 21(27) is amended

(a) in the English version of the section heading and in the subsection, by striking out "co-habitation" and substituting "cohabitation";

(b) in the French version, by striking out "reprennent la cohabitation" and substituting "recommencent à vivre ensemble"; and

(c) in the English version, by striking out "common-law spouse" and substituting "common-law partner".

7(9)        Subsection 23(1) is amended

(a) by adding "or cohabiting with a common-law partner" after "married"; and

(b) by adding "or common-law partner" after "spouse" wherever it occurs.

7(10)       Subsection 23(2) is amended

(a) by adding "or cohabiting with a common-law partner" after "married"; and

(b) by adding "or common-law partner" after "the spouse".

7(11)       Subsection 23(3) is amended

(a) by adding "or common-law partner" after "and the spouse"; and

(b) by adding "or common-law partner" after "to the spouse".

7(12)       Subsection 23(4) of the English version is amended by striking out "co-habitation" and substituting "cohabitation".

7(13)       Subsection 23(5) is repealed and the following is substituted:

"Member" includes former member

23(5)       For the purposes of this section, "member" includes a former member of a pension plan.

7(14)       Subsection 23(6) is amended by adding "or common-law partner" after "spouse".

7(15)       Section 24 is amended

(a) by striking out "on marriage" in the section heading;

(b) by adding "or common-law partner" after "payable to the surviving spouse"; and

(c) by striking out "in the event of the remarriage or subsequent marriage of the surviving spouse" and substituting the following:

in the event the surviving spouse or common-law partner

(a) remarries or subsequently marries; or

(b) subsequently enters into a common-law relationship.

7(16)       Subsection 31(2) is amended

(a) in the section heading of the English version, by striking out "marriage"; and

(b) in clause (c) of the French version, by striking out "relation maritale" and substituting "union de fait".

7(17)       Subsection 31(5) is amended

(a) in the French version, in the section heading and in the part preceding clause (a), by striking out "une relation maritale" and substituting "une union de fait";

(b) in clause (a)

(i) of the English version, by striking out "common-law spouse" and substituting "common-law partner", and

(ii) of the French version, by striking out "la relation maritale" and substituting "l'union de fait"; and

(c) in clause (b) of the French version, by striking out "la relation maritale" and substituting "l'union de fait".

7(18)       Subsection 31(6) of the French version is amended by striking out "relation maritale" and substituting "union de fait".

7(19)       Subsection 31(7) of the French version is amended

(a) in the section heading, by striking out "la relation maritale" and substituting "l'union de fait"; and

(b) in the subsection, by striking out "relation maritale" and substituting "union de fait".

7(20)       Clause 37(t) is amended by adding "or common-law partners" after "spouses".

THE MANITOBA PUBLIC INSURANCE CORPORATION ACT

C.C.S.M. c. P215 amended

8(1)        The Manitoba Public Insurance Corporation Act is amended by this section.

8(2)        Subsection 70(1) is amended by adding the following definition in alphabetical order:

"common-law partner" of a victim means the person who, not being married to the victim, cohabited with him or her in a conjugal relationship

(a) for a period of at least three years immediately preceding the accident, or

(b) for a period of at least one year immediately preceding the accident and they are together the parents of a child; (« conjoint de fait »)

8(3)        The definition "dependant" in subsection 70(1) is amended

(a) by adding the following after clause (a):

(a.1) the common-law partner,

(b) in clause (e) of the French version, by striking out "le père ou la mère" and substituting "tout parent".

8(4)        In subsection 70(1) of the French version, the definition "enfant de la victime" is amended by striking out "de mère ou de père" and substituting "de parent".

8(5)        In subsection 70(1) of the French version, the definition "mère ou père de la victime" is repealed.

8(6)        Subsection 70(1) of the French version is amended by adding the following definition in alphabetical order:

« parent de la victime » Personne qui a un lien de parenté avec la victime, par le sang ou l'adoption, ou qui lui tient lieu de parent au moment de l'accident. ("parent of a victim")

8(7)        The definition "spouse" in subsection 70(1) is repealed and the following is substituted:

"spouse" means the person who, at the time of the accident, is married to and cohabiting with the victim; (« conjoint »)

8(8)        Subsection 120(1) is amended

(a) in the section heading, by striking out "to spouse"; and

(b) in the subsection, by adding "or common-law partner" after "spouse" wherever it occurs.

8(9)        The section heading for subsection 120(2) is amended by striking out "to deceased victim's spouse".

8(10)       Subsection 121(2) is amended in the part before clause (a) by adding "or common-law partner" after "spouse".

8(11)       Section 122 is amended in the section heading and in the section by adding "or common-law partner" after "spouse".

8(12)       Section 123 of the French version is amended

(a) in the section heading, by striking out "de la mère ou du père" and substituting "des parents"; and

(b) in the section, by striking out "Tous les enfants ainsi que la mère et le père" and substituting "Les enfants et les parents".

8(13)       Subsection 134(3) is amended

(a) by adding "or common-law partner" after "spouse" wherever it occurs in the section heading and in the subsection; and

(b) by striking out "because of the spouse's illness or disability, or the spouse's work or studies outside the residence" and substituting "because of the illness or disability of the spouse or common-law partner, or his or her work or studies outside the residence".

8(14)       The headings for Schedules 1 and 2 are amended by adding "OR COMMON-LAW PARTNER" after "SPOUSE".

THE TEACHERS' PENSIONS ACT

C.C.S.M. c. T20 amended

9(1)        The Teachers' Pensions Act is amended by this section.

9(2)        Subsection 1(1) is amended

(a) by repealing the definitions "common-law relationship", "common-law spouse" and "spouse"; and

(b) by adding the following definitions in alphabetical order:

"common-law partner" of a person means a person who, not being married to the other person, cohabited with him or her in a conjugal relationship

(a) for a period of at least three years, if either of them is married, or

(b) for a period of at least one year, if neither of them is married,

as shown by written evidence satisfactory to the board; (« conjoint de fait »)

"common-law relationship" means the relationship between two persons who are common-law partners of each other; (« union de fait »)

9(3)        The following is added after subsection 1(1):

Surviving common-law partner

1(1.1)      For the purposes of this Act, a common-law partner shall be considered to have survived a deceased person with whom he or she had a common-law relationship only if they were cohabiting with each other immediately before the deceased's death.

9(4)        Section 2 of the French version is amended

(a) in the section heading, by striking out "la relation maritale" and substituting "l'union de fait"; and

(b) in the section, by striking out "relation maritale" and substituting "union de fait".

9(5)        Subsection 8(1) is amended

(a) in clause (a), by adding "or common-law partner" after "spouse" wherever it occurs;

(b) in clause (b), by adding "or common-law partner" after "spouse"; and

(c) in clause (c),

(i) by adding "or common-law partner" after "spouse" wherever it occurs, and

(ii) of the English version, by adding "surviving" after "death of the".

9(6)        Subsection 8(2) is amended by adding "or common-law partner" after "spouse" in the section heading and wherever it occurs in the subsection.

9(7)        Subsection 8(3) is amended

(a) by adding "surviving" after "pension to his"; and

(b) by adding "or common-law partner" after "spouse" in the section heading and wherever it occurs in the subsection.

9(8)        Subsection 8(6) is amended by adding "or common-law partner" after "spouse" wherever it occurs.

9(9)        Clause 11(3)(b) is amended

(a) in subclauses (i) and (ii), by adding "or common-law partner" after "spouse"; and

(b) in subclause (iii), by striking out "neither surviving spouse nor infant children" and substituting "no surviving spouse or common-law partner and no infant children".

9(10)       Subsection 11(7) is amended

(a) by striking out the section heading and substituting "Joint pension or annuity"; and

(b) in the subsection,

(i) by adding "or cohabiting with a common-law partner" after "married", and

(ii) by adding "or common-law partner" after "spouse" wherever it occurs.

9(11)       Subsection 11(8) is repealed.

9(12)       Clause 26(3)(e) is amended

(a) of the English version, by striking out "common-law spouse" wherever it occurs and substituting "common-law partner";

(b) in subclause (i) of the French version, by striking out "le conjoint de fait" and substituting "conjoint de fait"; and

(c) in subclause (iii) of the French version, by striking out "ou aucun survivant" and substituting "ni aucun survivant".

9(13)       Subsection 26(5) is amended

(a) in clause (a)

(i) of the English version, by striking out "common-law spouse" and substituting "common-law partner", and

(ii) of the French version, by striking out "au conjoint survivant ou au conjoint de fait survivant" and substituting "au conjoint ou conjoint de fait survivant"; and

(b) in clause (b)

(i) of the English version, by striking out "common-law spouse" and substituting "common-law partner", and

(ii) of the French version, by striking out "aucun conjoint survivant" and substituting "aucun conjoint".

9(14)       Subsection 31(1) of the English version is amended by striking out "common-law spouse" wherever it occurs and substituting "common-law partner".

9(15)       Subsection 32(1) of the English version is amended by striking out "common-law spouse" wherever it occurs and substituting "common-law partner".

9(16)       Clauses 32(2)(b) and (c) of the English version are amended by striking out "common-law spouse" and substituting "common-law partner".

9(17)       Clause 32(3)(b) of the English version is amended by striking out "common-law spouse" wherever it occurs and substituting "common-law partner".

9(18)       Clause 32(4)(a) and subclause 32(4)(b)(ii) of the English version are amended by striking out "common-law spouse" wherever it occurs and substituting "common-law partner".

9(19)       Section 33 is amended

(a) in the section heading, by adding "or common-law partner" after "spouse"; and

(b) in the section,

(i) by adding "or common-law partner" after "payable to a surviving spouse", and

(ii) by striking out "the surviving spouse, pay to the surviving spouse" and substituting "the surviving spouse or common-law partner, pay to him or her".

THE WORKERS COMPENSATION ACT

C.C.S.M. c. W200 amended

10(1)       The Workers Compensation Act is amended by this section.

10(2)       Subsection 1(1) is amended by adding the following definition in alphabetical order:

"common-law partner" of a worker means a person who, not being married to the worker, cohabited with him or her in a conjugal relationship

(a) for a period of at least three years immediately preceding the death of the worker, or

(b) for a period of at least one year immediately preceding the death of the worker and they are together the parents of a child; (« conjoint de fait »)

10(3)        The definition "member of the family" in subsection 1(1) is amended

(a) by adding "common-law partner," after "spouse,"; and

(b) in the French version, by striking out "de père ou de mère" wherever it occurs and substituting "de parent".

10(4)       The definition "enfant" in the French version of subsection 1(1) is amended by striking out "de père ou de mère" and substituting "de parent".

10(5)       The definition "spouse" in subsection 1(1) is repealed and the following is substituted:

"spouse" means a person who, at the time of the death of the worker, is married to the worker; (« conjoint »)

10(6)       Clause 29(1)(a) is amended in the part before subclause (i), by adding "or common-law partner" after "spouse".

10(7)       Subsection 29(5) is amended

(a) in the section heading, by striking out "to spouse"; and

(b) in the subsection, by adding "or common-law partner" after "spouse".

10(8)       Subsections 29(6) and (7) are amended by adding "or common-law partner" after "spouse" wherever it occurs.

10(9)       Subsection 29(8) is amended

(a) in the section heading, by adding "or common-law partner" after "spouse"; and

(b) in the subsection,

(i) by repealing the part before clause (a) and substituting the following:

29(8)       Where a child of the worker under the age of 18 years lives with the spouse or common-law partner and that person has custody of the child, the monthly payments referred to in subclause (1)(a)(ii) shall be paid to the spouse or common-law partner until the earlier of

(ii) in clause (b), by adding "or common-law partner" after "spouse".

10(10)      Subsection 29(9) is amended by adding "or common-law partner" after "spouse" wherever it occurs.

10(11)      Subsection 29(12) is amended by adding "or common-law partner" after "spouse" wherever it occurs.

10(12)      Subsection 30(1) is repealed and the following is substituted:

Former spouse or common-law partner included

30(1)       For the purposes of clause 29(1)(a) and this section,

(a) "spouse" includes a former spouse; and

(b) "common-law partner" includes a former common-law partner;

where the worker was or would have been, if the worker had lived, required to pay maintenance to that person under a separation agreement or an order of a court.

Former common-law partner

30(1.1)     In this section, "former common-law partner" of a worker means a person who, not being married to the worker, cohabited with him or her in a conjugal relationship

(a) for a period of at least three years; or

(b) for a period of at least one year and they are together the parents of a child.

10(13)      Subsection 30(2) is amended

(a) in the section heading, by striking out "to former spouse"; and

(b) in the subsection, by adding "or former common-law partner" after "spouse".

10(14)      Subsection 30(3) is amended

(a) in the section heading, by striking out "between spouses"; and

(b) in the subsection, by adding "or common-law partner" after "spouse" wherever it occurs.

10(15)      Section 32.1 is repealed and the following is substituted:

Commutation of payments

32.1        Where the sole dependent of the worker is a spouse or common-law partner, the board shall, on the request of the spouse or common-law partner, commute the monthly payments payable to a lump sum payment to be paid to the spouse or common-law partner in settlement of the claim.

10(16)      Section 33 is amended

(a) in the section heading of the English version, by striking out "for spouse"; and

(b) in the part before clause (a) and in the part after clause (b), by adding "or common-law partner" after "spouse".

10(17)      Section 34 is amended

(a)  by repealing the section heading of the English version, and substituting "Eligibility for two monthly payments"; and

(b)  in the section, by adding "or common-law partner" after "spouse".

10(18)      Clauses 36(1)(a) and (d) are amended by adding "or common-law partner" after "spouse".

10(19)      Subsection 36(2) is amended in the part before clause (a) and in clause (b), by adding "or common-law partner" after "spouse".

10(20)      Subsections 36(3) and (4) are amended by adding "or common-law partner" after "spouse".

10(21)      Subsection 42(8) is amended

(a) in clause (a), by striking out "by a spouse, to the spouse" and substituting "by a spouse or common-law partner, to that person"; and

(b) in clause (b), by adding "or common-law partner" after "spouse".

10(22)      Subsection 42(9) is amended

(a) in the section heading of the English version, by striking out "for spouse"; and

(b) in the subsection, by adding "or common-law partner" after "spouse".

COMING INTO FORCE

Coming into force

11(1)       Subject to subsection (2), this Act comes into force on the day it receives royal assent.

Coming into force:  sections 1, 6, 7 and 9

11(2)       Sections 1, 6, 7 and 9 come into force on January 1, 2002.

Explanatory Note

In May of 1999 the Supreme Court of Canada in M. v. H. declared invalid the provision in Ontario's Family Law Act giving members of heterosexual conjugal relationships of a certain duration the right to apply to court for orders of support. The court held that the provision contravened section 15 of the Charter because it excluded members of same sex conjugal relationships from its obligations and benefits.

This Bill amends Manitoba legislation dealing with support and certain pension and death benefit provisions applicable to persons in common-law relationships to comply with M. v. H.