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S.M. 2002, c. 48

Bill 53, 3rd Session, 37th Legislature

THE COMMON-LAW PARTNERS' PROPERTY AND RELATED AMENDMENTS ACT


 

(Assented to August 9, 2002)

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

THE ANATOMY ACT

C.C.S.M. c. A80 amended

1           If, during the 3rd session of the 37th Legislature, Bill 34 entitled The Charter Compliance Act is assented to, then the definition "common-law partner" in section 1 of The Anatomy Act, as enacted by section 3 of Bill 34, is replaced with the following:

"common-law partner" of a deceased person means

(a) a person who, with the deceased person, registered a common-law relationship under section 13.1 of The Vital Statistics Act, and who was cohabiting with the deceased person immediately before the death of the deceased person, or

(b) a person who, not having been married to the deceased person, cohabited with him or her in a conjugal relationship

(i) for a period of at least one year immediately before the death of the deceased person, or

(ii)  for a period of less than one year immediately before the death of the deceased person, and they are together the parents of a child; (« conjoint de fait »)

THE CIVIL SERVICE SUPERANNUATION ACT

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

2           The definition "common-law partner" in subsection 1(1) of The Civil Service Superannuation Act is replaced with the following:

"common-law partner" of a person means

(a) another person who, with the person, registered a common-law relationship under section 13.1 of The Vital Statistics Act, or

(b) another person who, not being married to the person, cohabited with him or her in a conjugal relationship

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

(ii)  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 »)

THE COURT OF QUEEN'S BENCH ACT

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

3           The definition "family proceeding" in section 41 of The Court of Queen's Bench Act is amended

(a) in clause (j), by striking out everything after "former spouses" and substituting ", common-law partners as defined in that Act or former common-law partners,";

(b) in clause (l), by striking out "The Marital Property Act" and substituting "The Family Property Act";

(c) by replacing clause (m) with the following:

(m) an agreement respecting a separation, common-law relationship, marital property or family property,

(d)  in clause (t), by adding ", common-law partner as defined in that Act" after "former spouse".

THE COURT OF QUEEN'S BENCH SURROGATE PRACTICE ACT

C.C.S.M. c. C290 amended

4           Section 1 of The Court of Queen's Bench Surrogate Practice Act is amended by adding the following definition in alphabetical order:

"next of kin" of a person includes a spouse or common-law partner of the person; (« plus proche parent »)

THE DEPENDANTS RELIEF ACT

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

5(1)        The Dependants Relief Act is amended by this section.

5(2)        The definition "common-law partner" in section 1 is replaced with the following:

"common-law partner" of a deceased means

(a) a person who, with the deceased, registered a common-law relationship under section 13.1 of The Vital Statistics Act, the dissolution of which had not been registered under section 13.2 of The Vital Statistics Act before the death of the deceased, or

(b) a person who, not being married to the deceased, cohabited with him or her in a conjugal relationship

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

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

5(3)        Clause 8(1)(f) is amended

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

(b) by striking out "The Marital Property Act" and substituting "The Family Property Act".

5(4)        Subsection 18(1) is amended

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

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

(c) in clause (b),

(i) by striking out "The Marital Property Act" and substituting "The Family Property Act", and

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

5(5)        Subsection 18(2) is amended

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

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

(c) by striking out "The Marital Property Act" and substituting "The Family Property Act".

THE FAMILY MAINTENANCE ACT

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

6(1)        The Family Maintenance Act is amended by this section.

6(2)        The definition "common-law partner" in section 1 is replaced with the following:

"common-law partner" of a person means

(a) another person who, with the person, registered a common-law relationship under section 13.1 of The Vital Statistics Act, or

(b) another person who, not being married to the person, cohabited with him or her in a conjugal relationship

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

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

6(3)        The definition "common-law relationship" in section 1 is amended by striking out "cohabiting as".

6(4)        The following is added after clause 10(1)(b.1):

(b.2) That one of the spouses or common-law partners has the right to continue occupying the family residence for such length of time as the court may order, notwithstanding that the other spouse or common-law partner alone is the owner or lessee of the residence or that both spouses or common-law partners together are the owners or lessees of the residence;

6(5)        The following is added after subsection 10(4):

Postponement of sale

10(5)       Where under this Part a court makes an order containing a provision under clause (1)(b.2), it may include in the order a provision that such rights as the other spouse or common-law partner may have as owner or lessee to apply for partition and sale or to sell or otherwise dispose of the residence be postponed subject to the right of occupancy contained in the order.

Right of occupancy restricted

10(6)       No right of occupancy of a spouse or common-law partner ordered under clause (1)(b.2) shall continue after the rights of the other spouse or common-law partner as owner or lessee or of both spouses or common-law partners as owners or lessees, as the case may be, are terminated.

6(6)        Section 13 and subsection 14(1) are repealed.

6(7)        Subsection 41(2) is amended by striking out "section 13" and substituting "clause 10(1)(b.2) or subsection 10(5) or (6)".

THE FARM LANDS OWNERSHIP ACT

C.C.S.M. c. F35 amended

7(1)         The Farm Lands Ownership Act is amended by this section.

7(2)        Subsections 3(14) and (15) are amended by adding "or common-law partner" after "spouse" wherever it occurs.

7(3)        If, during the 3rd session of the 37th Legislature, Bill 34 entitled The Charter Compliance Act is assented to, then section 1 of The Farm Lands Ownership Act is amended by adding the following as subsection 1(5):

Registered common-law relationship

1(5)        For the purposes of this Act, while they are cohabiting, persons who have registered their common-law relationship under section 13.1 of The Vital Statistics Act are deemed to be cohabiting in a conjugal relationship of some permanence.

THE FATAL ACCIDENTS ACT

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

8           The definition "common-law partner" in section 1 of The Fatal Accidents Act is replaced with the following:

"common-law partner" of a deceased means

(a) a person who, with the deceased, registered a common-law relationship under section 13.1 of The Vital Statistics Act, and who was cohabiting with the deceased immediately preceding the death of the deceased, or

(b) a person who, not being married to the deceased, cohabited with him or her in a conjugal relationship

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

(ii)  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 »)

THE HIGHWAY TRAFFIC ACT

C.C.S.M. c. H60 amended

9           The definition "common-law partner" in subsection 1(1) of The Highway Traffic Act is replaced with the following:

"common-law partner" of an individual means

(a) a person who, with the individual, registered a common-law relationship under section 13.1 of The Vital Statistics Act, and who is cohabiting with the individual, or

(b) a person who, not being married to the individual, is cohabiting with him or her in a conjugal relationship and has so cohabited

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

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

and, if the individual is dead, "common-law partner" means a person who, not having been married to the individual, cohabited with him or her at the time of death and so cohabited with him or her as set out in clause (a) or (b); (« conjoint de fait »)

THE HOMESTEADS ACT

C.C.S.M. c. H80 amended

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

10(2)       Section 1 is amended by adding the following definitions in alphabetical order:

"common-law partner" of a person means

(a) another person who, with the person, registered a common-law relationship under section 13.1 of The Vital Statistics Act, or

(b) subject to section 3.1, another person who, not being married to the person, cohabited with him or her in a conjugal relationship for a period of at least three years, commencing either before or after the coming into force of this definition; (« conjoint de fait »)

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

10(3)       The definition "owner" in section 1 is amended by adding ", or a person in a common-law relationship," after "married person".

10(4)       The following is added after section 2:

Only one spouse or common-law partner with rights

2.1         Only one spouse or common-law partner at a time may have rights in a homestead under this Act.

Homestead rights of second spouse or partner

2.2         A second or subsequent spouse or common-law partner of the owner does not acquire homestead rights in a property previously occupied by the owner and his or her previous spouse or common-law partner until the following conditions are satisfied:

(a) if the previous spouse or common-law partner acquired a homestead right in the property, that right has been released or terminated in accordance with this Act;

(b) if the previous spouse or common-law partner has an ownership interest in the property, that interest has been transferred to the owner or another person;

(c) if the previous spouse or common-law partner has a claim under The Family Property Act for an accounting and equalization of assets, that claim has been satisfied.

10(5)       Section 3 is amended

(a) by adding ", and all persons in common-law relationships," after "all married persons"; and

(b) by adding ", or a person in a common-law relationship," after "a married person".

10(6)       The following is added after section 3 and before the centred heading:

Parties living separate and apart

3.1         The provisions of this Act do not apply to common-law partners who cohabited in a conjugal relationship for at least three years before the date on which this section came into force but who were living separate and apart on that date, unless

(a) the parties resume cohabitation after this section comes into force and register their relationship under section 13.1 of The Vital Statistics Act; or

(b) the parties resume cohabitation after this section comes into force and continue to cohabit for a period of at least 90 days after that.

10(7)       Section 4 is amended

(a) in the part before clause (a), by adding ", subject to sections 2.1 and 2.2" after "unless";

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

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

10(8)       Clause 5(1)(a) is amended by adding "or in a common-law relationship" after "married".

10(9)       Clause 8(6)(b) is amended by striking out "and (e)" and substituting ", (e) and (e.1)".

10(10)      Subsection 9(6) is amended

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

(b) by adding "and the person having homestead rights in the property" after "named in it".

10(11)       The following is added after subsection 10(1):

Court may terminate certain homestead rights

10(1.1)     If

(a) an owner and his or her common-law partner did not register their common-law relationship under section 13.1 of The Vital Statistics Act;

(b) the common-law partner referred to in clause (a) has homestead rights; and

(c) the owner has been living separate and apart from the common-law partner for three years or more;

the court may, on application by the owner, make an order terminating the homestead rights of that common-law partner if it appears fair and reasonable under the circumstances to do so.

10(12)      Subsection 10(2) is amended by adding "or (1.1)" after "(1)".

10(13)      Subsection 10(3) is amended

(a) by adding "or (1.1)" after "(1)"; and

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

10(14)      Subsection 11(1) is amended

(a) in the section heading of the English version, by adding "or common-law partner" after "Spouse"; and

(b) in the subsection, by striking out "An owner's spouse" and substituting "Subject to sections 2.1 and 2.2, an owner's spouse or common-law partner".

10(15)      Clause 11(4)(b) is replaced with the following:

(b) of the fact that the spouse or common-law partner who executed the release was at the date of execution

(i) the spouse or common-law partner of the owner named in it, and

(ii) the person with homestead rights in the property; and

10(16)      Section 12 is replaced with the following:

Effect of registration of release

12          On the registration of a release in the appropriate land titles office

(a) the land described in the release ceases to be the homestead of the spouse or common-law partner who executed the release; and

(b) that spouse or common-law partner ceases to have any rights under this Act in the land described in the release.

10(17)      The following is added after subsection 16(1):

Meaning of wrongful disposition

16(1.1)     For the purpose of subsection (1), a wrongful disposition includes a disposition where an owner, in good faith, obtains the consent of a spouse or common-law partner who does not have homestead rights under this Act and fails to obtain the consent of the spouse or common-law partner who does have homestead rights.

10(18)      The following is added after clause 20(2)(e):

(e.1) on the filing of an order of the court under subsection 10(1.1) terminating the homestead rights of the common-law partner;

10(19)      Clause 20(2)(f) is amended by striking out "or" at the end of the clause and by adding the following after clause (f):

(f.1) on the filing of proof, satisfactory to the district registrar, that a dissolution of the common-law relationship has been registered under section 13.2 of The Vital Statistics Act; or

10(20)      Subsection 21(1) is replaced with the following:

Life estate on death of owner

21(1)       Subject to sections 2.1 and 2.2, when an owner dies leaving a surviving spouse or common-law partner who has homestead rights in the property, that person is entitled to a life estate in the homestead as fully and effectually as if the owner had by will left that spouse or common-law partner a life estate in the homestead.

10(21)      Section 28 is amended by adding "or before or after commencement of a common-law relationship" after "marriage".

10(22)      Wherever "spouse" occurs in the following provisions, "or common-law partner" is added after "spouse", with the modifications that the circumstances require:

(a) section 1, definitions "election", "homestead", and "release";

(b) clause 5(1)(b);

(c) section 6;

(d) clauses 7(a) and (b);

(e) subsection 8(1);

(f) clause 8(2)(b);

(g) subsections 8(3), 8(5), 9(4), 10(1) and 11(3);

(h) clause 11(4)(c);

(i) section 13;

(j) subsection 14(1);

(k) the centred heading before subsection 16(1) and subsection 16(1);

(l) clause 16(4)(a);

(m) subsection 16(5);

(n) clause 17(a);

(o) section 18;

(p) subsection 19(1);

(q) clauses 20(2)(a) to (e) and (g) and 20(3)(a) and (b);

(r) subsections 21(2), 22(1), 22(2), 23(1), 23(2), 23(3) and 23(5);

(s) section 24;

(t) subsections 25(1), 25(2) and 26(2).

THE HUMAN TISSUE ACT

C.C.S.M. c. H180 amended

11          If, during the 3rd session of the 37th Legislature, Bill 34 entitled The Charter Compliance Act is assented to, then the definition "common-law partner" in section 1 of The Human Tissue Act, as enacted by section 30 of Bill 34, is replaced with the following:

"common-law partner" of a deceased or dying person means

(a) a person who, with the deceased or dying person, registered a common-law relationship under section 13.1 of The Vital Statistics Act, and who is cohabiting or has cohabited with the deceased or dying person immediately before a direction is acted upon under section 3 or death occurs, or

(b) a person who, not being married to the deceased or dying person, is cohabiting or has cohabited with him or her in a conjugal relationship

(i)  for a period of at least one year immediately before a direction is acted upon under section 3 or death occurs, or

(ii)  for a period of less than one year immediately before a direction is acted upon under section 3 or death occurs, and they are together the parents of a child; (« conjoint de fait »)

THE INSURANCE ACT

C.C.S.M. c. I40 amended

12(1)       The Insurance Act is amended by this section.

12(2)       Section 1 is amended by adding the following definitions in alphabetical order:

"common-law partner" of a person means

(a) another person who, with the person, registered a common-law relationship under section 13.1 of The Vital Statistics Act, or

(b) another person who, not being married to the person, cohabited with him or her in a conjugal relationship

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

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

except where either

(c) the dissolution of the common-law relationship has been registered under section 13.2 of The Vital Statistics Act, or

(d) the person has lived separate and apart from the other person for at least three years; (« conjoint de fait »)

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

"family" includes a common-law partner; (« famille »)

12(3)       The definition "family insurance" in subsection 148(1) is amended by adding "common-law relationship" after "marriage,".

12(4)       Subsection 173(2) of the French version is amended by striking out "du père ou de la mère" and substituting "d'un parent".

12(5)       The definition "family insurance" in section 203 is amended by adding ", common-law relationship" after "marriage".

12(6)       Subsection 228(2) of the French version is amended by striking out "du père ou de la mère" and substituting "d'un parent".

12(7)       Clause 230(8)(a) is amended by adding "or common-law relationship" after "marriage".

12(8)       Wherever "spouse" occurs in the following provisions, "or common-law partner" is added after "spouse", with the modifications that the circumstances require:

(a) clause 156(b);

(b) subsection 173(2);

(c) clause 216(b);

(d) subsection 228(2);

(e) clauses 239(3)(a), 248(4)(c), 263(1)(d), 264(1)(b) and 265(1)(b).

THE INTESTATE SUCCESSION ACT

C.C.S.M. c. I85 amended

13(1)       The Intestate Succession Act is amended by this section.

13(2)       Subsection 1(1) is amended by adding the following definitions in alphabetical order:

"common-law partner" of an intestate means

(a) a person who, with the intestate, registered a common-law relationship under section 13.1 of The Vital Statistics Act, or

(b) subject to subsection 11(2), a person who, not being married to the intestate, cohabited with him or her in a conjugal relationship, commencing either before or after the coming into force of this definition,

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

(ii) 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 common-law partners of each other; (« union de fait »)

13(3)       Subsection 1(2) of the French version is amended by striking out "un père ou une mère" and substituting "un parent".

13(4)       Section 3 is amended

(a) by renumbering it as subsection 3(1);

(b) in clause (1)(a), by striking out "The Marital Property Act" and substituting "The Family Property Act"; and

(c) by adding the following after subsection 3(1):

Rights of separated common-law partner

3(2)        If, at the time of the intestate's death, the intestate and his or her common-law partner were living separate and apart from one another, and one or more of the following conditions is satisfied:

(a) where the common-law relationship was registered under section 13.1 of The Vital Statistics Act, the dissolution of the common-law relationship was registered under section 13.2 of The Vital Statistics Act before the death of the intestate;

(b) where the common-law relationship was not registered under section 13.1 of The Vital Statistics Act, three years have passed from the day on which the common-law partners began living separate and apart;

(c) during the period of separation, one or both of the common-law partners made an application for an accounting or equalization of assets under The Family Property Act and the application was pending or had been dealt with by way of final order at the time of the intestate's death;

(d) before the intestate's death, the intestate and his or her common-law partner divided their property in a manner that was intended by them, or appears to have been intended by them, to separate and finalize their affairs in recognition of the breakdown of their common-law relationship;

the surviving common-law partner shall be treated as if he or she had predeceased the intestate.

Priorities between spouse and common-law partner

3(3)        If, at the time of the intestate's death, the intestate had both a spouse and one or more common-law partners, the entitlement of the spouse or common-law partner whose relationship with the intestate was the most recent at the time of the intestate's death has priority over the spouse or common-law partner whose relationship with the intestate was earlier. Section 2 shall be applied as if the intestate only had the spouse or common-law partner who was the most recent, provided that

(a) the claim of the most recent spouse or common-law partner under this Act shall not have priority over the claim under Part IV of The Family Property Act of an earlier spouse or common-law partner; and

(b) the entitlement set out in subsection 2(3) shall be reduced by the amount due under The Family Property Act to the spouse or common-law partner who was earlier.

Exclusion

3(4)        A spouse or common-law partner who is excluded from the distribution of the intestate's estate under subsection (1) or (2) shall not be considered for the purpose of subsection (3).

13(5)       Subsection 4(3) of the French version is amended by striking out "à son père et à sa mère" and substituting "à ses parents".

13(6)       Subsection 4(4) of the French version is amended

(a) by striking out ", ni père, ni mère" and substituting "ni parent"; and

(b) by striking out "de son père et de sa mère" and substituting "de ses parents".

13(7)       Subsection 4(5) of the French version is amended

(a) by striking out "ni père, ni mère" and substituting "ni parent"; and

(b) by striking out "de son père ou de sa mère" and substituting "d'un de ses parents".

13(8)       Subsection 4(6) of the French version is amended by striking out "ni père, ni mère, ni descendant de son père ou de sa mère, ni grand-père, ni grand-mère, ni descendant d'un grand-père ou d'une grand-mère" and substituting "ni parent, ni descendant d'un de ses parents, ni grand-parent, ni descendant d'un de ses grands-parents".

13(9)       Section 11 is amended

(a) by renumbering it as subsection 11(1);

(b) by striking out "This Act" and substituting "Subject to subsection (2), this Act"; and

(c) by adding the following as subsection 11(2):

Application re common-law partners

11(2)       The provisions of this Act that govern the distribution of an estate to the common-law partner of an intestate apply to the estates of intestates who die on or after the date on which this subsection comes into force.

13(10)      Wherever "spouse" occurs in the following provisions, "or common-law partner" is added after "spouse", with the modifications that the circumstances require:

(a) subsections 2(1) to (4) and 4(1), (3) and (4);

(b) section 10.

THE LAW OF PROPERTY ACT

C.C.S.M. c. L90 amended

14(1)       The Law of Property Act is amended by this section.

14(2)       Section 1 is renumbered as section 1.1 and the following is added as section 1:

Definition

1           In this Act, "common-law partner" of a person means

(a) another person who, with the person, registered a common-law relationship under section 13.1 of The Vital Statistics Act, and who is cohabiting with the person, or

(b) another person who, not being married to the person, is cohabiting with him or her in a conjugal relationship and has so cohabited

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

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

14(3)       Subsection 19(2) is amended

(a) in the part before clause (a), by striking out "married man or a married woman" and substituting "married person or a person who is a common-law partner"; and

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

14(4)       Section 24 is amended

(a) by striking out "married man or a married woman" and substituting "person";

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

(c) by striking out "the married man or the married woman" wherever it occurs and substituting "the person".

14(5)       If, during the 3rd session of the 37th Legislature, Bill 34 entitled The Charter Compliance Act is assented to, then subsection 32(4) of The Law of Property Act, as enacted by subsection 35(4) of Bill 34, is amended

(a) in the section heading, by striking out "Definitions" and substituting "Definition"; and

(b) in the subsection by repealing the definition "common-law partner".

THE LEGISLATIVE ASSEMBLY ACT

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

15(1)       The Legislative Assembly Act is amended by this section.

15(2)       Subsection 52.19(1.1) is amended by striking out "for the purpose of ensuring harmonization with any requirement of federal legislation" and substituting the following:

for the purpose of

(a) ensuring harmonization with any requirement of federal legislation; or

(b) ensuring equal treatment of members in relation to their families.

15(3)       Subsection 52.19(1.2) is amended by striking out "subsection (1.1)" and substituting "clause (1.1)(a)".

15(4)       The definition "common-law partner" in subsection 69(1) is replaced with the following:

"common-law partner" of a person means

(a) another person who, with the person, registered a common-law relationship under section 13.1 of The Vital Statistics Act, or

(b) another person who, not being married to the person, cohabited with him or her in a conjugal relationship

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

(ii) 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 »)

15(5)       The definition "family assets" in subsection 69(1) is amended by striking out "The Marital Property Act" and substituting "The Family Property Act".

15(6)       Subsection 90(1) is amended

(a) in the part before clause (a), by striking out "(2) to (7)" and substituting "(2), (4), (6) and (7)";

(b) in clause (a),

(i) by striking out "The Marital Property Act" and substituting "The Family Property Act",

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

(iii) by adding "or" at the end of the clause;

(c) in clause (b),

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

(ii) by striking out "or" at the end of the clause; and

(d) by repealing clause (c).

15(7)       Subsections 90(3) and (5) are repealed.

15(8)       Subsection 90(6) is replaced with the following:

Filing of agreement

90(6)       An agreement under subsection (4) shall be filed with the administrator.

THE MARITAL PROPERTY ACT

C.C.S.M. c. M45 amended

16(1)       The Marital Property Act is amended by this section.

16(2)       The title is amended by striking out "MARITAL" and substituting "FAMILY"

16(3)       The preamble is repealed.

16(4)       Subsection 1(1) is amended by adding the following definitions in alphabetical order:

"common-law partner" of a person means

(a) another person who, with the person, registered a common-law relationship under section 13.1 of The Vital Statistics Act, or

(b) subject to subsection 2.1(2), another person who, not being married to the person, cohabited with him or her in a conjugal relationship for a period of at least three years commencing either before or after the coming into force of this definition; (« conjoint de fait »)

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

"common-law relationship agreement" means any written

(a) cohabitation agreement,

(b) separation agreement, or

(c) release or quit claim deed,

or any other written agreement or other writing between common-law partners, made within Manitoba or elsewhere, before or after the coming into force of this definition and either during cohabitation, in contemplation of cohabitation or after cohabitation ceases, affecting all or any of the assets of the common-law partners in a manner described in section 5; (« convention entre conjoints de fait »)

"family home" means property in which a spouse or common-law partner has an interest and that is or has been occupied by the spouses or common-law partners as their family residence and,

(a) where the property includes the family residence but is normally used for a purpose other than residential only, includes only the portion of the property that may reasonably be regarded as necessary to the use and enjoyment of the residence, and

(b) where the property is owned by a corporation in which a spouse or common-law partner owns shares that entitle him or her to occupy the property, that spouse or common-law partner has an interest in the property; (« foyer familial »)

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)

16(5)       The definition "family asset" in subsection 1(1) is amended

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

(b) by replacing clause (a) with the following:

(a) a family home;

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

16(6)       The definition "marital home" in subsection 1(1) is repealed.

16(7)       Subsection 2(3) is amended by adding "as a spouse" after "benefit".

16(8)       The following is added after section 2:

DIVISION 1.1

APPLICATION TO COMMON-LAW PARTNERS

Common-law partners

2.1(1)      Except as otherwise provided in this Act, this Act applies to all common-law partners, whether they commenced cohabitation before or after the coming into force of this section, and whether cohabitation began within Manitoba or in a jurisdiction outside Manitoba,

(a) if the habitual residence of both common-law partners is in Manitoba;

(b) where each of the common-law partners has a different habitual residence, if the last common habitual residence of the common-law partners was in Manitoba; or

(c) where each of the common-law partners has a different habitual residence and the common-law partners have not established a common habitual residence since the commencement of their common-law relationship, if the habitual residence of both at the time that the common-law relationship commenced was in Manitoba.

Common-law partners living separate and apart

2.1(2)      The provisions of this Act respecting an application for an accounting and equalization of the assets of common-law partners during the lives of the common-law partners do not apply to parties who cohabited in a conjugal relationship for at least three years before the coming into force of this section but who were living separate and apart from each other on the day this section comes into force, unless those common-law partners, after that date, resume cohabitation and

(a) register their relationship under section 13.1 of The Vital Statistics Act; or

(b) continue to cohabit for a period of at least 90 days after the day this section comes into force.

16(9)       Section 3 is amended by adding "or 2.1" after "section 2" wherever it occurs.

16(10)      Subsection 4(2) is replaced with the following:

Assets acquired before marriage

4(2)        Notwithstanding clause (1)(c), this Act applies to any asset acquired by a spouse before marriage if

(a) the asset was acquired when the spouse was cohabiting in a conjugal relationship with the other spouse immediately before their marriage; or

(b) the asset was acquired before, but in specific contemplation of, the cohabitation with, or the marriage to, the other spouse.

Transitional re assets acquired before marriage for certain separated spouses

4(2.1)      If a spouse is living separate and apart from the other spouse on the day that subsection (2) comes into force, then

(a) subsection (2) does not apply; and

(b) notwithstanding clause (1)(c), this Act applies to any asset acquired by the spouse before, but in specific contemplation of the marriage to the other spouse.

Assets acquired during common-law relationship and cohabitation

4(2.2)      This Act does not apply to any asset acquired by a common-law partner

(a) while living separate and apart from his or her common-law partner;

(b) while in a common-law relationship with a former common-law partner unless the asset was acquired while living separate and apart from the former common-law partner and it can be shown that the asset was acquired in contemplation of the common-law relationship with the present common-law partner; or

(c) before the commencement of cohabitation.

Assets acquired before cohabitation by common-law partner

4(2.3)       Notwithstanding clause (2.2)(c), this Act applies to any asset acquired by common-law partners before, but in specific contemplation of, their common-law relationship.

16(11)      Subsection 4(3) is replaced with the following:

Appreciation, depreciation, income

4(3)        Where by reason of any provision of subsection (1) or (2.2) this Act does not apply to an asset of a spouse or common-law partner, then, with respect to all assets other than those exempted from the application of this Act by section 7, in any accounting under Part II, notwithstanding that provision,

(a) any appreciation in the value of the asset that occurred while the spouse was married to and cohabiting with the other spouse, or while the common-law partner was cohabiting with the other common-law partner, shall be added to the inventory of assets of that spouse or common-law partner;

(b) any depreciation in the value of the asset that occurred while the spouse was married to and cohabiting with the other spouse, or while the common-law partner was cohabiting with the other common-law partner, shall be deducted from the inventory of assets of that spouse or common-law partner; and

(c) any income from the asset earned while the spouse was married to and cohabiting with the other spouse, or while the common-law partner was cohabiting with the other common-law partner, shall be treated in the same way as income from an asset to which this Act applies.

16(12)      Subsection 5(1) is amended

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

(b) in the subsection, by adding "or common-law relationship agreement" after "spousal agreement" wherever it occurs.

16(13)      Subsection 5(2) is amended by adding "or common-law relationship agreement" after "spousal agreement" wherever it occurs.

16(14)      Subsection 5(3) is amended by adding "or common-law relationship agreement" after "spousal agreement".

16(15)      Subsection 6(1) is amended

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

(b) by striking out "(7), (8), (9)" and substituting "(7), (7.1), (8), (8.1), (9), (9.1)".

16(16)      Subsection 6(2) is amended

(a) by striking out "marital home" and substituting "family home" in

(i) the section heading,

(ii) the part before clause (a), and

(iii) the part after clause (b);

(b) by adding "and common-law partners" after "spouses" in the part before clause (a); and

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

16(17)      Subsection 6(3) is amended in the part before clause (a),

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

(b) by striking out "marital home" and substituting "family home".

16(18)      Subsection 6(4) is amended

(a) by striking out "(7), (8), (9)" and substituting "(7), (7.1), (8), (8.1), (9), (9.1)"; and

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

16(19)      Subsection 6(7) is amended in the section heading by adding "by spouse" after "asset".

16(20)      The following is added after subsection 6(7):

Dissipation of asset by common-law partner

6(7.1)      Where

(a) a common-law partner, after the coming into force of this subsection, dissipates an asset in whole or in part; and

(b) the other common-law partner, before the expiry of two years from the date of the dissipation referred to in clause (a) or from the date of the discovery thereof, makes application to the court under this Act for an accounting and division of assets;

the value of the dissipated asset or the dissipated portion thereof, as the case may be, shall be added to the inventory of assets of the common-law partner in the accounting.

16(21)      Subsection 6(8) is amended in the section heading by adding "by spouse" after "gift".

16(22)      The following is added after subsection 6(8):

Excessive gift by common-law partner

6(8.1)      Where

(a) a common-law partner, after the coming into force of this subsection, transfers an asset to a third person by way of gift, and the gift is excessive in whole or in part; and

(b) the other common-law partner, before the expiry of two years from the date of the transfer referred to in clause (a) or from the date of the discovery thereof, applies to the court under this Act for an accounting and division of assets;

the value of the asset or the excessive portion thereof, as the case may be, shall be added to the inventory of the assets of the common-law partner in the accounting.

16(23)      Subsection 6(9) is amended in the section heading by adding "by spouse" after "Transfer".

16(24)      The following is added after subsection 6(9):

Transfer by common-law partner for inadequate consideration

6(9.1)      Where

(a) a common-law partner, after the coming into force of this subsection, transfers an asset to a third person for inadequate consideration;

(b) the transfer referred to in clause (a) is effected by the common-law partner with the intention of defeating the rights of the other common-law partner under this Act; and

(c) the other common-law partner, before the expiry of two years from the date of the transfer referred to in clause (a) or from the date of the discovery thereof, applies to the court under this Act for an accounting and division of assets;

the amount of the inadequacy in the consideration shall be added to the inventory of assets of the common-law partner in the accounting.

16(25)      Subsection 6(10) is amended

(a) by striking out "(8) or (9)" and substituting "(8), (8.1), (9) or (9.1)"; and

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

16(26)      Subsection 6(11) is amended

(a) by adding "or (9.1)" after "(9)"; and

(b) by adding "or (9.1)(b)" after "9(b)".

16(27)      Section 13 is amended by striking out "Spouses each have" and substituting "Each spouse and common-law partner has".

16(28)      Subsection 14(2) is amended

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

(b) in the part before clause (a), by adding "or common-law partners" after "spouses";

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

(c.1) any common-law relationship agreement between the common-law partners;

(d) in clause (d), by adding "and immediately before their marriage" after "marriage";

(e) by adding the following after clause (d):

(d.1) the length of time that the common-law partners have cohabited during their common-law relationship;

(f) by adding the following after clause (e):

(e.1) the length of time that the common-law partners have lived separate and apart from each other during their common-law relationship;

(g) in clause (h),

(i) by striking out "spouse have" and substituting "spouse or common-law partner has", and

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

16(29)      The following is added after subsection 18(1):

Duration of common-law relationship

18(1.1)     Without limiting the generality of subsection (1), the court may make an order containing a finding as to the period of time during which the common-law partners cohabited in a common-law relationship, and the dates on which their common-law relationship commenced and terminated, if the parties to the common-law relationship have not determined those facts, or any of them, by

(a) registering their common-law relationship under section 13.1 of The Vital Statistics Act; or

(b) jointly registering the dissolution of their common-law relationship under section 13.2 of The Vital Statistics Act.

16(30)      The following is added after section 19:

Termination of registered common-law relationship

19.1(1)     Where the common-law partners registered their common-law relationship under section 13.1 of The Vital Statistics Act, a common-law partner may terminate the common-law relationship by registering the dissolution of the common-law relationship under section 13.2 of The Vital Statistics Act.

Termination of unregistered relationship

19.1(2)     Where the common-law partners did not register their common-law relationship under section 13.1 of The Vital Statistics Act, a common-law partner may terminate the common-law relationship by living separate and apart from the other common-law partner for at least three years.

Limitation period after termination of common-law relationship

19.1(3)     Subject to subsection (4), no application for an accounting and equalization of assets under this Act may be made

(a) where the common-law partners registered their common-law relationship under section 13.1 of The Vital Statistics Act, after 60 days from the date on which a dissolution of the common-law relationship was registered under section 13.2 of The Vital Statistics Act; or

(b) where the common-law partners did not register their common-law relationship under section 13.1 of The Vital Statistics Act, after three years from the date on which the common-law partners began to live separate and apart.

Extension of time for common-law partner

19.1(4)     The court may extend a limitation period referred to in subsection (3) by such length of time as it considers appropriate if a person fails to make an application within the limitation period because of

(a) a lack of knowledge

(i) that a dissolution of the common-law relationship had been registered under section 13.2 of The Vital Statistics Act, or

(ii) of the date on which the dissolution of the common-law relationship was registered under section 13.2 of The Vital Statistics Act; or

(b) circumstances beyond the control of the person.

16(31)      The following is added after section 25:

Application of Part on death of common-law partner

25.1        The provisions of this Part relating to an accounting and equalization of assets on the death of a common-law partner apply in respect of common-law partners described in subsection 2.1(1) immediately before the death of one of them, but only where the death occurs on or after the day this section comes into force.

16(32)      Subsection 27(1) is amended

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

(b) in the subsection,

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

(ii) by adding "or common-law relationship agreement" after "spousal agreement".

16(33)      Subsection 27(3) is amended

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

(b) in the subsection,

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

(ii) by adding "or common-law relationship agreement" after "spousal agreement" wherever it occurs,

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

(iv) by adding "or The Homesteads Act" after "The Dower Act".

16(34)      Section 31 is replaced with the following:

Personal representative to serve notice

31(1)       Except where there is only one surviving spouse or common-law partner and he or she has made or is continuing an application for an accounting and equalization of assets under this Part, the personal representative of a deceased spouse or common-law partner shall within one month after the grant of letters probate or letters of administration serve the surviving spouse or common-law partner, in accordance with the rules of the court, with a notice in the form prescribed by regulation.

Notice to both spouse and partner

31(2)       If the deceased spouse or common-law partner has a surviving spouse and a surviving common-law partner, or two or more surviving common-law partners, the personal representative of the deceased spouse or common-law partner shall serve both or all of them with the notice as provided in this section.

Regulation

31(3)       The minister may make a regulation prescribing the form of the notice referred to in subsection (1).

16(35)      The following is added after section 43:

Rights paramount

43.1        The rights of a separated spouse or common-law partner under this Act are paramount to the rights of a spouse or common-law partner under The Intestate Succession Act.

16(36)      The following is added after section 45:

C.C.S.M. reference

46          This Act shall no longer be referred to as chapter M45 of the Continuing Consolidation of the Statutes of Manitoba but may be referred to as chapter F25 of the Continuing Consolidation of the Statutes of Manitoba.

16(37)      In the following provisions of the following Acts, "The Marital Property Act" is struck out and "The Family Property Act" is substituted:

(a) clause 14(1)(f) of The Domestic Violence and Stalking Prevention, Protection and Compensation Act;

(b) section 8 of The Married Women's Property Act.

16(38)      Wherever "spouse" occurs in the following provisions, "or common-law partner" is added after "spouse", with the modifications that the circumstances require:

(a) section 3;

(b) subsections 4(4), 7(1), 7(2), 7(3), 7(4) and 8(1);

(c) section 10;

(d) subsections 11(1), 14(1), 14(3) and 15(1);

(e) sections 16 and 17;

(f) subsections 18(1), 18(3), 18(4), 20(1), 20(2), 20(3), 21(1) and 21(2);

(g) sections 22 and 23;

(h) the centred heading before section 25;

(i) section 26;

(j) subsections 28(1), 28(2), 29(1) and 29(2);

(k) section 30;

(l) subsections 32(1) and 32(2);

(m) sections 33 and 34;

(n) subsections 35(1), 35(2), 35(3) and 35(4);

(o) sections 36, 37, 38 and 39;

(p) subsections 41(1), 41(2), 41(3), 41(4) and 41(5);

(q) sections 42 and 43.

THE MENTAL HEALTH ACT

C.C.S.M. c. M110 amended

17          If, during the 3rd session of the 37th Legislature, Bill 34 entitled The Charter Compliance Act is assented to, then the definition "common-law partner" in section 1 of The Mental Health Act, as enacted by section 41 of Bill 34, is replaced with the following:

"common-law partner" means

(a) with respect to a patient,

(i) a person who, with the patient, registered a common-law relationship under section 13.1 of The Vital Statistics Act, or

(ii) a person who, not being married to the patient, cohabited with him or her in a conjugal relationship for a period of at least six months immediately before the patient's admission to the facility, and

(b) with respect to any other person,

(i) a person who, with the other person, registered a common-law relationship under section 13.1 of The Vital Statistics Act, or

(ii) a person who, not being married to the other person, is cohabiting with him or her in a conjugal relationship and has so cohabited for a period of at least six months; (« conjoint de fait »)

THE OFF-ROAD VEHICLES ACT

C.C.S.M. c. O31 amended

18          If, during the 3rd session of the 37th Legislature, Bill 34 entitled The Charter Compliance Act is assented to, then the definition "common-law partner" in subsection 1(1) of The Off-Road Vehicles Act, as enacted by section 45 of Bill 34, is replaced with the following:

"common-law partner" of a registered owner means

(a) a person who, with the registered owner, registered a common-law relationship under section 13.1 of The Vital Statistics Act, and who is cohabiting with the registered owner, or

(b) a person who, not being married to the registered owner, is cohabiting with him or her in a conjugal relationship and has so cohabited

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

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

and if the registered owner is dead, "common-law partner" means a person who, not having been married to the registered owner, cohabited with him or her at the time of death and so cohabited with him or her as set out in clause (a) or (b); (« conjoint de fait »)

THE PENSION BENEFITS ACT

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

19(1)       The Pension Benefits Act is amended by this section.

19(2)       The definition "common-law partner" in subsection 1(1) is replaced with the following:

"common-law partner" of a member or former member means

(a) a person who, with the member or former member, registered a common-law relationship under section 13.1 of The Vital Statistics Act, or

(b) a person who, not being married to the member or former member, cohabited with him or her in a conjugal relationship

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

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

19(3)       Subsection 1(3) is amended by striking out "this Act" and substituting "subsection 21(26)".

19(4)       Subsection 31(2) is amended

(a) in the part before clause (a), by striking out "(3) to (8)" and substituting "(3), (4), (6) and (8)";

(b) in clause (a), by striking out "The Marital Property Act" and substituting "The Family Property Act";

(c) in clause (b),

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

(ii) by striking out "or" at the end of the clause; and

(d) by repealing clause (c).

19(5)       The section heading for subsection 31(4) is amended by striking out "marital" and substituting "family".

19(6)       Subsections 31(5) and 31(7) are repealed.

19(7)       Subsection 31(8) is replaced with the following:

Filing of agreement

31(8)       An agreement under subsection (6) shall be filed with the administrator of the affected pension plan.

THE MANITOBA PUBLIC INSURANCE CORPORATION ACT

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

20(1)       The Manitoba Public Insurance Corporation Act is amended by this section.

20(2)       The definition "common-law partner" in subsection 70(1) is replaced with the following:

"common-law partner" of a victim means

(a) a person who, with the victim, registered a common-law relationship under section 13.1 of The Vital Statistics Act, who was cohabiting with the victim immediately preceding the accident, or

(b) a person who, not being married to the victim, cohabited with him or her in a conjugal relationship

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

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

20(3)       If, during the 3rd session of the 37th Legislature, Bill 34 entitled The Charter Compliance Act is assented to, then The Manitoba Public Insurance Corporation Act is amended by adding the following as subsection 1(4):

Registered common-law relationship

1(4)         For the purposes of this Act, while they are cohabiting, persons who have registered their common-law relationship under section 13.1 of The Vital Statistics Act are deemed to be cohabiting in a conjugal relationship of some permanence.

THE TEACHERS' PENSIONS ACT

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

21(1)       The Teachers' Pensions Act is amended by this section.

21(2)       The definition "common-law partner" in subsection 1(1) is replaced with the following:

"common-law partner" of a person means

(a) another person who, with the person, registered a common-law relationship under section 13.1 of The Vital Statistics Act, or

(b) another person who, not being married to the person, cohabited with him or her in a conjugal relationship

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

(ii) 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 »)

THE VICTIMS' BILL OF RIGHTS

C.C.S.M. c. V55 amended

22(1)       The Victims' Bill of Rights is amended by this section.

22(2)       Subclause (a)(i) of the definition "victim" in subsection 1(1) is replaced with the following:

(i) was

(A) married to and living with the victim,

(B) cohabiting with the victim and together with the victim had registered their common-law relationship under section 13.1 of The Vital Statistics Act, or

(C) cohabiting with the victim in a relationship for not less than one year, or

22(3)       If, during the 3rd session of the 37th Legislature, Bill 34 entitled The Charter Compliance Act is assented to, then

(a) the following is added as subsection 1(3) of The Victims' Bill of Rights:

Registered common-law relationship

1(3)        For the purposes of this Act, while they are cohabiting, persons who have registered their common-law relationship under section 13.1 of The Vital Statistics Act are deemed to be cohabiting in a conjugal relationship of some permanence.

(b) the definition "common-law partner" in subsection 45(1) of The Victims' Bill of Rights, as enacted by section 53 of Bill 34, is replaced with the following:

"common-law partner" of a victim means

(a) a person who, with the victim, registered a common-law relationship under section 13.1 of The Vital Statistics Act, and who was dependent on the income of the victim and cohabiting with the victim at the time of the victim's death, or

(b) a person who, not being married to the victim, cohabited with him or her in a conjugal relationship

(i) for at least the three years immediately before the victim's death, during which the person was dependent on the income of the victim, or

(ii) for at least the one year immediately before the victim's death, if a child of the union was a dependant of the victim at the time of the victim's death; (« conjoint de fait »)

THE VITAL STATISTICS ACT

C.C.S.M. c. V60 amended

23(1)       The Vital Statistics Act is amended by this section.

23(2)       Section 1 is amended by adding the following definition in alphabetical order:

"common-law relationship" means the relationship between two adults who, not being married to each other, are cohabiting with each other in a conjugal relationship; (« union de fait »)

23(3)       The following is added after section 13:

REGISTRATION OF COMMON-LAW RELATIONSHIPS

Registration of common-law relationships

13.1(1)     If both parties to a common-law relationship

(a) are living in the province;

(b) are adults; and

(c) wish to register their common-law relationship;

they shall do so in accordance with this section.

Statement regarding common-law relationship

13.1(2)     Each party to the common-law relationship shall complete a statement in prescribed form respecting the existence of the common-law relationship, which includes

(a) the date on which the common-law relationship commenced;

(b) the residence of the common-law partners; and

(c) a statement that neither party to the common-law relationship is married to another person or is a party to another common-law relationship registered under this Act.

Execution of statement

13.1(3)     The statement shall be signed by both parties and witnessed in accordance with the regulations.

Registration by director

13.1(4)     On the receipt of

(a) the statement in the prescribed form respecting the common-law relationship; and

(b) the prescribed fee;

the director, if satisfied as to the truth and sufficiency of the statement, shall register the common-law relationship.

REGISTRATION OF DISSOLUTION OF COMMON-LAW RELATIONSHIPS

Registration of dissolution of common-law relationships

13.2(1)     If one or both parties to a common-law relationship wish to register the dissolution of their common-law relationship, they shall do so in accordance with this section.

Statement regarding dissolution of common-law relationship

13.2(2)     If the parties to the common-law relationship have lived separate and apart for a period of at least one year, either party to the common-law relationship, or both parties jointly, may complete a statement in the prescribed form, respecting the dissolution of the common-law relationship.

Execution of statement

13.2(3)     The statement shall be signed and witnessed in accordance with the regulations.

Service if statement signed by one party

13.2(4)     If the statement is signed by only one of the parties to the common-law relationship, it must be served on the other party in the manner set out in the regulations.

Registration of dissolution by director

13.2(5)     On the receipt of

(a) the statement respecting the dissolution of the common-law relationship;

(b) if the statement is signed by only one of the parties, proof that the statement was served on the non-signing party within 30 days before the date on which the statement is presented for registration; and

(c) the prescribed fee;

the director, if satisfied as to the truth and sufficiency of the statement and, where required, the proof of service, shall register the dissolution of the common-law relationship.

One dissolution registered

13.2(6)     The director shall not register more than one dissolution in respect of a registration of a common-law relationship.

23(4)       Clause 21(1)(a) is amended by striking out "birth or marriage" and substituting "birth, marriage or common-law relationship".

23(5)       Subsection 21(3) is amended by striking out "birth or marriage" and substituting "birth, marriage or common-law relationship".

23(6)       Section 24 is amended

(a) by adding "or" at the end of clause (c) and by adding the following after clause (c):

(d) application of both parties to a common-law relationship registered under this Act;

(b) in the part after clause (d),

(i) by striking out "birth or marriage" wherever it occurs and substituting " birth, marriage or common-law relationship", and

(ii) by adding "or common-law relationship" after "parties to the marriage".

23(7)       Clause 31(1)(a) is amended by adding ", common-law relationship," after "marriage".

23(8)       Subsection 31(2) is amended by adding "common-law relationship," after "marriage,".

23(9)       The following is added after subsection 32(4):

Common-Law Relationships

Common-law relationship certificate

32(4.1)     The director may issue a certificate of common-law relationship, or a certified copy or photographic print of the registration of common-law relationship, only to the following persons, on application and payment of the prescribed fee:

(a) a party to the common-law relationship;

(b) if both parties to the common-law relationship are dead, a child or parent of either party;

(c) a person authorized in writing by a person referred to in clause (a) or (b);

(d) a public officer or police officer who requires it for use in the discharge of his or her duties;

(e) a person on the order of a court;

(f) a person authorized in writing by the director or minister.

Form of common-law relationship certificate

32(4.2)     A certificate of common-law relationship shall be in the prescribed form and contain at least the following particulars:

(a) the names of the parties to the common-law relationship;

(b) the residence of the common-law partners at the time they registered the common-law relationship;

(c) the date on which the common-law relationship commenced;

(d) the date on which the common-law relationship was registered;

(e) the registration number.

Dissolution of common-law relationship certificate

32(4.3)     The director may issue a certificate of dissolution of common-law relationship, or a certified copy or photographic print of the registration of the dissolution of common-law relationship, only to a person who is entitled to apply for a common-law relationship certificate and on payment of the prescribed fee.

Form of dissolution of common-law relationship certificate

32(4.4)     A certificate of dissolution of common-law relationship shall be in the prescribed form and contain at least the following particulars:

(a) the names of the parties to the common-law relationship;

(b) the date on which the common-law relationship commenced;

(c) the date on which the common-law relationship was registered;

(d) the registration number of the common-law relationship;

(e) the name of the party or parties who registered the dissolution of the common-law relationship;

(f) if only one party signed the statement regarding dissolution, the date on which the other party was served with the statement;

(g) where both parties jointly signed the statement of dissolution, the date on which the parties began living separate and apart;

(h) the date on which the dissolution of the common-law relationship was registered.

23(10)      Subsections 36(1) and 36(2) are amended by adding "common-law relationship," after "marriage," wherever it occurs.

23(11)      Section 38 and subsection 39(1) are amended by adding "common-law relationships," after "marriages,".

23(12)      The following is added after clause 48(a):

(a.1) setting out the manner in which documents are to be served on a person;

23(13)      Clause 48(g) is amended by adding "common-law relationships," after "marriages,".

23(14)      If, during the 3rd session of the 37th Legislature, Bill 34 entitled The Charter Compliance Act is assented to, then subsection 3(6.1) of The Vital Statistics Act, as enacted by section 54 of Bill 34, is amended by adding the following after "permanence":

and, where the woman and her common-law partner register their common-law relationship under section 13.1, they are deemed to be cohabiting in a conjugal relationship of some permanence

23(15)      If The Vital Statistics Amendment and Consequential Amendments Act, S.M. 2001, c. 5, comes into force before this section comes into force, then

(a) subsection (6) of this section is repealed;

(b) subsection 24(1) of The Vital Statistics Act, as renumbered by section 19 of S.M. 2001, c. 5, is amended

(i) by adding "or" at the end of clause (c) and by adding the following after clause (c):

(d) application of both parties to a common-law relationship registered under this Act;

(ii) in the part after clause (d),

(A) by striking out "birth or marriage" wherever it occurs and substituting "birth, marriage or common-law relationship", and

(B) by adding "or common-law relationship" after "parties to the marriage";

(c) subsection 24(2) of The Vital Statistics Act, as enacted by section 19 of S.M. 2001, c. 5, is amended by striking out "birth or marriage" and substituting "birth, marriage or common-law relationship";

(d) clause 32(5)(f) of The Vital Statistics Act, as enacted by section 26 of S.M. 2001, c. 5, is amended by striking out "and his age" and substituting "or other parent and that person's age"; and

(e) subsections 32(4.1) to (4.4) of The Vital Statistics Act, as enacted by subsection (9) of this section, are renumbered as subsections 32(8.1) to (8.4).

THE VULNERABLE PERSONS LIVING WITH A MENTAL DISABILITY ACT

C.C.S.M. c. V90 amended

24          If, during the 3rd session of the 37th Legislature, Bill 34 entitled The Charter Compliance Act is assented to, then the definition "common-law partner" in subsection 1(1) of The Vulnerable Persons Living with a Mental Disability Act, as enacted by section 55 of Bill 34, is replaced with the following:

"common-law partner" of a person means

(a) another person who, with the person, registered a common-law relationship under section 13.1 of The Vital Statistics Act, and who is cohabiting with the person, or

(b) another person who, not being married to the person, is cohabiting with him or her in a conjugal relationship and has so cohabited for a period of at least six months; (« conjoint de fait »)

THE WILLS ACT

C.C.S.M. c. W150 amended

25(1)       The Wills Act is amended by this section.

25(2)       Section 1 is amended by adding the following definitions in alphabetical order:

"common-law partner" of a testator means, except in sections 12, 13 and 14,

(a) a person who, with the testator, registers a common-law relationship under section 13.1 of The Vital Statistics Act, or

(b) a person who, not being married to the testator is cohabiting or has cohabited with him or her in a conjugal relationship, commencing either before or after the coming into force of this definition,

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

(ii) 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 common-law partners of each other; (« union de fait »)

25(3)       Subsection 12(1) is renumbered as subsection 12(1.1) and the following is added as subsection 12(1):

Definition of "common-law partner"

12(1)       For the purpose of this section and sections 13 and 14,

"common-law partner" of a person means

(a) another person who, with the person, registers a common-law relationship under section 13.1 of The Vital Statistics Act, and who is cohabiting with the person, or

(b) another person who, not being married to the person is cohabiting with him or her in a conjugal relationship of some permanence.

25(4)       Sections 12, 13 and 14 are amended by adding "or common-law partner" after "spouse" wherever it occurs.

25(5)       Subsections 12(3) and 13(2) of the French version are amended by striking out "ni son épouse" and substituting "ni son conjoint ou conjoint de fait".

25(6)       Section 16 is amended

(a) in the part before clause (a), by striking out "18(2)" and substituting "18(2) or (4)",

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

(a.1) subject to section 17.1, by the testator cohabiting in a common-law relationship; or

25(7)       Section 17 is amended

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

(a.1) there is a declaration in the will that it is made in contemplation of the testator's common-law relationship with the person the testator subsequently marries; or

(b) by adding "or" at the end of clause (b) and by adding the following after clause (b):

(c) the will fulfills obligations of the testator to a former spouse or common-law partner under a separation agreement or court order.

25(8)       The following is added after section 17:

Revocation by common-law relationship

17.1        A will is revoked when a person with whom a testator is cohabiting becomes his or her common-law partner except where

(a) the testator lacks capacity to make a new will on the day this section comes into force;

(b) there is a declaration in the will that it is made in contemplation of the testator's common-law relationship;

(c) the testator's common-law partner is a beneficiary under the will;

(d) the will is made in exercise of a power of appointment of real or personal property which would not, in default of the appointment, pass to the heir, executor, or administrator of the testator or to the persons entitled to the estate of the testator if the testator died intestate; or

(e) the will fulfills obligations of the testator to a former spouse or common-law partner under a separation agreement or court order.

25(9)       Subsection 18(1) is amended

(a) by striking out "section 17" and substituting "sections 17 and 17.1"; and

(b) by striking out "subsection (2)" and substituting "subsections (2) and (4)".

25(10)      The following is added after subsection 18(3):

Effect of termination of common-law relationship

18(4)       Where in a will

(a) a devise or bequest of a beneficial interest in property is made to the common-law partner of the testator;

(b) the common-law partner of the testator is appointed executor or trustee; or

(c) a general or special power of appointment is conferred on a common-law partner of the testator;

and after making the will and before the death of the testator, the testator's common-law relationship with his or her common-law partner is terminated

(d) where the common-law relationship was registered under section 13.1 of The Vital Statistics Act, by registration of the dissolution of the common-law relationship under section 13.2 of The Vital Statistics Act; or

(e) where the common-law relationship was not registered under section 13.1 of The Vital Statistics Act, by virtue of having lived separate and apart for a period of at least three years;

then, unless a contrary intention appears in the will, the devise, bequest, appointment or power is revoked and the will shall be construed as if the common-law partner predeceased the testator.

25(11)      Section 25.2 is amended by adding "or common-law partner" after "spouse".

25(12)      Section 59 is amended

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

(b) in the section,

(i) by striking out "The Marital Property Act" and substituting "The Family Property Act", and

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

THE CITY OF WINNIPEG CHARTER

26          If during the 3rd session of the 37th Legislature, Bill 39 entitled The City of Winnipeg Charter Act is assented to, then

(a) the definition "common-law partner" in section 1 of The City of Winnipeg Charter as enacted by Bill 39, is replaced with the following:

"common-law partner" of a person means a person who, not being married to the other person, is cohabiting with him or her in a conjugal relationship of some permanence and where the person and the other person register their common-law relationship under section 13.1 of The Vital Statistics Act, they are deemed to be cohabiting in a conjugal relationship of some permanence; (« conjoint de fait »)

(b) clause 379(e) of The City of Winnipeg Charter as enacted by Bill 39, is amended by adding ", common-law partner" after "spouse".

THE WORKERS COMPENSATION ACT

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

27(1)       The Workers Compensation Act is amended by this section.

27(2)        The definition "common-law partner" in subsection 1(1) is replaced with the following:

"common-law partner" of a worker means

(a) a person who, with the worker, registered a common-law relationship under section 13.1 of The Vital Statistics Act, and who was cohabiting with the worker immediately preceding the death of the worker, or

(b) a person who, not being married to the worker, cohabited with him or her in a conjugal relationship

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

(ii)  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 »)

27(3)       Subsection 42(10) is amended

(a) by striking out "The Marital Property Act" and substituting "The Family Property Act"; and

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

CONDITIONAL AMENDMENTS RE

THE CHARTER COMPLIANCE ACT

28(1)       If, during the 3rd session of the 37th Legislature, Bill 34 entitled The Charter Compliance Act is assented to, then

(a) The Adoption Act;

(b) The Agricultural Producers' Organization Funding Act;

(c) The Builders' Liens Act;

(d) The Change of Name Act;

(e) The Child and Family Services Act;

(f) The Communities Economic Development Fund Act;

(g) The Consumer Protection Act;

(h) The Cooperatives Act;

(i) The Development Corporation Act;

(j) The Elderly and Infirm Persons' Housing Act;

(k) The Elections Act;

(l) The Executions Act;

(m) The Family Farm Protection Act;

(n) The Department of Health Act;

(o) The Judgments Act;

(p) The Landlord and Tenant Act;

(q) The Legislative Assembly and Executive Council Conflict of Interest Act;

(r) The Municipal Council Conflict of Interest Act;

(s) The Powers of Attorney Act;

(t) The Privacy Act;

(u) The Property Tax and Insulation Assistance Act;

(v) The Public Schools Act; and

(w) The City of Winnipeg Act, S.M. 1989-90, c. 10;

are amended by renumbering section 1 of each Act as subsection 1(1) and by adding the following as subsection 1(2):

Registered common-law relationship

1(2)        For the purposes of this Act, while they are cohabiting, persons who have registered their common-law relationship under section 13.1 of The Vital Statistics Act are deemed to be cohabiting in a conjugal relationship of some permanence.

28(2)       If, during the 3rd session of the 37th Legislature, Bill 34 entitled The Charter Compliance Act is assented to, then

(a) The Animal Liability Act; and

(b) The Credit Unions and Caisses Populaires Act;

are amended by adding the following as subsection 1(3) of each Act:

Registered common-law relationship

1(3)        For the purposes of this Act, while they are cohabiting, persons who have registered their common-law relationship under section 13.1 of The Vital Statistics Act are deemed to be cohabiting in a conjugal relationship of some permanence.

28(3)       If, during the 3rd session of the 37th Legislature, Bill 34 entitled The Charter Compliance Act is assented to, then

(a) The Charities Endorsement Act;

(b) The Civil Service Act; and

(c) The Municipal Act;

are amended by adding the following as subsection 1(4) of each Act:

Registered common-law relationship

1(4)        For the purposes of this Act, while they are cohabiting, persons who have registered their common-law relationship under section 13.1 of The Vital Statistics Act are deemed to be cohabiting in a conjugal relationship of some permanence.

28(4)       If, during the 3rd session of the 37th Legislature, Bill 34 entitled The Charter Compliance Act is assented to, then The Corporations Act is amended by adding the following as subsection 1(8):

Registered common-law relationship

1(8)        For the purposes of this Act, while they are cohabiting, persons who have registered their common-law relationship under section 13.1 of The Vital Statistics Act are deemed to be cohabiting in a conjugal relationship of some permanence.

COMING INTO FORCE

Coming into force

29          This Act comes into force on a day fixed by proclamation.

 

 


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