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S.M. 2002, c. 24

Bill 34, 3rd Session, 37th Legislature

THE CHARTER COMPLIANCE ACT


 

(Assented to August 1, 2002)

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

THE ADOPTION ACT

C.C.S.M. c. A2 amended

1(1)        The Adoption Act is amended by this section.

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

"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; (« conjoint de fait »)

1(3)        In section 1, the definition "extended family" is replaced with the following:

"extended family" includes, in addition to the persons in the definition of "family", aunts, uncles and cousins of a birth parent and a spouse or common-law partner of any of those persons; (« famille élargie »)

1(4)        The definition "family" in section 1 is amended by adding "or common-law partner" after "spouse".

1(5)        In section 1 of the French version, the definition "parent d'accueil" is amended by striking out "le père ou la mère" and substituting "le parent".

1(6)        In section 1 of the French version, the definition "père ou mère" is replaced with the following:

« parent » Sont assimilés à un parent les parents biologiques et adoptifs d'un enfant ainsi que les personnes qui sont déclarées être un parent sous le régime de la partie II de la Loi sur l'obligation alimentaire. ("parent")

1(7)        In section 1 of the French version, the definition "père ou mère adoptifs" is replaced with the following:

« parent adoptif » Personne qui a adopté un enfant. ("adoptive parent")

1(8)        In section 1 of the French version, the definition "tuteur" is amended by striking out "qui n'est ni le père ni la mère" and substituting "qui n'est pas un parent".

1(9)         The section heading for subsection 28(1) of the French version is amended by adding "ou conjoint de fait" after "conjoint".

1(10)       Subsection 30(3) of the French version is amended by striking out "son père ou de sa mère adoptifs" and substituting "son parent adoptif".

1(11)       Clause 30(4)(a) of the French version is replaced with the following:

a) le parent adoptif;

1(12)       Subsection 31(1) of the French version is amended

(a) by striking out "le père ou la mère adoptifs" and substituting "le parent adoptif"; and

(b) by striking out "les personnes qui étaient son père et sa mère" and substituting "la personne qui était son parent".

1(13)       Subsection 31(2) of the French version is amended

(a) by striking out "le père ou la mère adoptifs" and substituting "le parent adoptif";

(b) by striking out "du père ou de la mère adoptifs" and substituting "du parent adoptif"; and

(c) by striking out "son père ou sa mère" and substituting "son parent".

1(14)       Subsection 31(5) is amended

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

(b) by striking out "adopted person" and substituting "adoptee"; and

(c) in the French version,

(i) by striking out "son père ou sa mère" and substituting "son parent", and

(ii) by striking out "de son père ou de sa mère" and substituting "de son parent".

1(15)       Subsection 33(1) of the French version is amended in the part before clause (a) by striking out "le père ou la mère adoptifs ou la personne" and substituting "un parent adoptif ou une personne".

1(16)       Subsection 33(5) of the French version is amended by striking out "Le père ou la mère adoptifs" and substituting "Le parent adoptif".

1(17)       Clause 36(b) is replaced with the following:

(b) common-law partners; or

1(18)       Clause 50(a) is amended by striking out "marital status" and substituting "marital or relationship status".

1(19)       Clause 50(h) is replaced with the following:

(h) the marriage certificate of married applicants or the prescribed declaration of commitment of applicants who are common-law partners;

1(20)       Clause 50(k) is amended by striking out "spouse" and substituting "spouse or common-law partner".

1(21)       Clause 56(c) of the French version is amended by striking out "père ou mère adoptifs" and substituting "parent adoptif".

1(22)       Section 59 of the French version is amended by striking out "père ou mère adoptifs" and substituting "parent adoptif".

1(23)       Clause 67(a) is amended by striking out "marital status" and substituting "marital or relationship status".

1(24)       Clause 67(b) is replaced with the following:

(b) the marriage certificate of married applicants or the prescribed declaration of commitment of applicants who are common-law partners;

1(25)       Clause 67(h) is amended by striking out "spouse" and substituting "spouse or common-law partner".

1(26)       Clause 68(b) of the French version is amended by striking out "père ou à la mère" and substituting "parent".

1(27)       Clause 73(1)(a) is replaced with the following:

(a) jointly by a husband and wife, by common-law partners, or by any two persons, where at the time the application is made

(i) they are jointly caring for and maintaining the child, and

(ii) either applicant has had care and control of the child and has maintained the child for at least two consecutive years; or

1(28)       Section 75 is replaced with the following:

Investigation by agency

75          Upon receiving a copy of the application, the agency shall investigate and provide the court with a written report respecting

(a) the suitability of each prospective adoptive parent as an adoptive parent;

(b) the capability and willingness of each prospective adoptive parent to assume the responsibilities of a parent towards the child;

(c) where the application is made jointly by two persons who are neither husband and wife nor common-law partners, the stability of the relationship between the prospective adoptive parents and their commitment to maintain a joint household and jointly care for the child; and

(d) any other matters the court considers relevant.

1(29)       Clause 76(a) is amended by striking out "marital status" and substituting "marital or relationship status".

1(30)       Clause 76(e) is replaced with the following:

(e) the marriage certificate of married applicants, the prescribed declaration of commitment of applicants who are common-law partners, or the prescribed declaration of commitment to the child of applicants who are neither married to each other nor common-law partners;

1(31)       Clause 76(g) is amended by striking out "spouse" and substituting "spouse or common-law partner".

1(32)       The following is added before section 78 and within Division 5:

Definition of "applicant"

77.1        In this Division, "applicant" means

(a) one applicant, where an application for an order of adoption is made by one member of a child's extended family; and

(b) two applicants, where an application for an order of adoption is made jointly by two members of a child's extended family.

1(33)       Section 78 is amended by striking out "place a child with a member" and substituting "place a child with one member or jointly with two members".

1(34)       Section 79 of the English version is amended by adding ", or two members jointly," after "family".

1(35)       Clause 80(2)(a) is amended by striking out "applicant" and substituting "person applying under subsection (1)".

1(36)       Section 81 is replaced with the following:

Application for order of adoption

81          An application for an order of adoption under this Division may be made in the prescribed form

(a) by a member of the child's extended family; or

(b) jointly by two members of the child's extended family;

and shall be made no later than 12 months after the date the child was transferred to the care and control of the prospective adoptive parent or parents.

1(37)       Sections 82 and 83 are replaced with the following:

Service of application

82          An applicant under this Division shall serve a copy of the application at least 30 days prior to the date fixed for the hearing on

(a) each person whose consent to the adoption is required under clause 13(a);

(b) the director;

(c) the child and family services agency or an adoption agency having jurisdiction in the area in which the applicant resides; and

(d) any other person as a judge or master may direct.

Investigation by agency

82.1        Upon receiving a copy of the application, the agency shall investigate and provide the court with a written report respecting

(a) the suitability of each prospective adoptive parent as an adoptive parent;

(b) the capability and willingness of each prospective adoptive parent to assume the responsibilities of a parent towards the child;

(c) where the application is made jointly by two members of the child's extended family who are neither married nor common-law partners, the stability of the relationship between the prospective adoptive parents and their commitment to maintain a joint household and jointly care for the child; and

(d) any other matters the court considers relevant.

Period of residence

83          No adoption order may be made under this Division unless the judge is satisfied that for a period of at least six months before the date of the hearing of the application,

(a) the child resided with the applicant; and

(b) the applicant has had care and control of the child and has maintained the child.

1(38)       Clause 84(b) is amended by striking out "clause 83(c)" and substituting "section 83".

1(39)       Section 85 is amended

(a) in clause (a), by striking out "marital status" and substituting "marital or relationship status";

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

(b) the marriage certificate of married applicants, the prescribed declaration of commitment of applicants who are common-law partners, or the prescribed declaration of commitment to the child of applicants who are neither married to each other nor common-law partners;

(c) by adding the following after clause (f) and before "and, where applicable, by":

(f.1) the report of the agency under section 82.1;

(d) in clause (g), by striking out "spouse" and substituting "spouse or common-law partner".

1(40)       Section 86 is repealed.

1(41)       Clause 87(b) of the French version is amended by striking out "de celui de ses parents" and substituting "du parent".

1(42)       The heading for Division 6 of Part 3 is replaced with the following:

ADOPTION BY SPOUSE OR COMMON-LAW PARTNER OF CHILD'S PARENT

1(43)       Clause 88(b) is replaced with the following:

(b) is a common-law partner of the parent of a child;

1(44)       Clause 89(a) is replaced with the following:

(a) the child's parents;

1(45)       Clause 90(a) is amended by striking out "marital status" and substituting "marital or relationship status".

1(46)       Clause 90(b) is amended by striking out "the cohabiting couple" and substituting "applicants who are common-law partners".

1(47)       Subsection 92(1) is replaced with the following:

Application for access

92(1)       The parent with whom the child is not living may apply to the court for an order granting access to the child.

1(48)       Clause 96(c) is replaced with the following:

(c) the marriage certificate of married applicants or the prescribed declaration of commitment of applicants who are common-law partners;

1(49)       Clause 96(e) is amended by striking out "spouse" and substituting "spouse or common-law partner".

1(50)       Section 98 of the French version is amended

(a) in the definition "renseignement non signalétique", by striking out "le père ou la mère adoptifs" and substituting "un parent adoptif"; and

(b) in the definition "renseignement signalétique", by striking out "du père ou de la mère adoptifs" and substituting "d'un parent adoptif".

1(51)       Subsection 100(3) of the French version is amended by striking out "du père ou de la mère adoptifs" and substituting "d'un parent adoptif".

1(52)       Subsection 102(2) of the French version is amended by striking out "au père ou à la mère adoptifs visés" and substituting "à un parent adoptif visé".

1(53)       Subclause 104(1)(c)(ii) of the French version is amended by striking out "de son père ou de sa mère" and substituting "d'un parent agissant au nom de ce dernier".

1(54)       Section 111 of the French version is amended

(a) in clause (b), by striking out "de son père ou de sa mère adoptifs" and substituting "de son parent adoptif"; and

(b) in clause (c), by striking out "le père et la mère adoptifs" and substituting "un parent adoptif".

1(55)       Clause 118(c) of the French version is amended by striking out "du père ou de la mère adoptifs" and substituting "d'un parent adoptif".

1(56)       Clause 120(2)(b) of the French version is amended by striking out "au père ou à la mère adoptifs" and substituting "à un parent adoptif".

THE AGRICULTURAL PRODUCERS' ORGANIZATION FUNDING ACT

C.C.S.M. c. A18 amended

2(1)        The Agricultural Producers' Organization Funding Act is amended by this section.

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

"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; (« conjoint de fait »)

2(3)        Subsection 10(1) is amended by repealing clause (a) and substituting the following:

(a) the spouse of a member;

(a.1) the common-law partner of a member; or

THE ANATOMY ACT

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

3(1)        The Anatomy 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 person means a person who, not having been married to the deceased person, cohabited with him or her in a conjugal relationship

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

(b) 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 »)

3(3)         The definition "preferred claimant" in section 1 is replaced with the following:

"preferred claimant" means, with respect to a deceased person,

(a) a spouse, unless there is a common-law partner,

(b) a common-law partner, or

(c) if there is no spouse or common-law partner, or if the spouse or common-law partner is unavailable, a parent, child, brother, sister, grandparent, grandchild, uncle, aunt, nephew, niece, first cousin, step-father, step-mother, step-child, step-brother, step-sister, father-in-law, mother-in-law, brother-in-law or sister-in-law — any such kindred of the half-blood ranking equally with those of the whole-blood — or the person named by the deceased as executor of his will, or a representative of Last Post Fund incorporated under the laws of Canada; (« réclamant privilégié »)

THE ANIMAL LIABILITY ACT

C.C.S.M. c. A95 amended

4(1)        The Animal Liability Act is amended by this section.

4(2)        Subsection 1(1) is amended by adding the following definition in alphabetical order:

"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; (« conjoint de fait »)

4(3)        Subclause 2(3)(b)(iii) is amended by adding ", common-law partner" after "spouse".

THE BUILDERS' LIENS ACT

C.C.S.M. c. B91 amended

5(1)        The Builders' Liens Act is amended by this section.

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

"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; (« conjoint de fait »).

5(3)        Subsection 59(3) is amended by striking out "him or his spouse" and substituting "the individual or his or her spouse or common-law partner".

THE CERTIFIED GENERAL ACCOUNTANTS ACT

C.C.S.M. c. C46 amended

6(1)        The Certified General Accountants Act is amended by this section.

6(2)        Clause 11.3(1)(d) is replaced with the following:

(d) each other share in the capital stock of the corporation is both legally and beneficially owned by a person who is

(i) a voting shareholder of the corporation,

(ii) a spouse, common-law partner or child, within the meaning of the Income Tax Act (Canada), of a voting shareholder of the corporation, or

(iii) a corporation each share of the capital stock of which is legally and beneficially owned by a person referred to in subclause (i) or (ii);

6(3)        Clause 11.9(2)(b) is replaced with the following:

(b) the former spouse or common-law partner of a voting shareholder continues to own a share of the corporation after the end of their marriage or common-law relationship;

THE CHANGE OF NAME ACT

C.C.S.M. c. C50 amended

7(1)        The Change of Name Act is amended by this section.

7(2)        Section 1 is amended

(a) by replacing the definition "child" with the following:

"child" means a person under the age of majority but does not include a married child or a child who is cohabiting or has cohabited in a common-law relationship; (« enfant »)

(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, is cohabiting with him or her in a conjugal relationship of some permanence; (« 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)        Subsection 2(1) is replaced with the following:

Requirements

2(1)        Any person may make application to the director for a change of name who has resided in the province for at least three months immediately before the date of application and who

(a) is 18 or more years of age;

(b) has been married;

(c) has cohabited in a common-law relationship; or

(d) is a parent with custody of the child.

7(4)        Subsection 2(2) is amended

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

(c.1) if the applicant is cohabiting in a common-law relationship, the full name before entry into the common-law relationship of the applicant's common-law partner, the date the common-law relationship commenced and whether the common-law relationship is registered in any other jurisdiction;

(b) by repealing clause (g).

7(5)        Subsection 7(10) is amended by striking out "or marriage" and substituting ", marriage or common-law relationship".

7(6)        Section 10 is replaced with the following:

Election of surname by spouse or common-law partner

10(1)       A change of name under this Act is not required by a spouse or common-law partner who

(a) elects to change to the surname that the other spouse or common-law partner had immediately before their marriage or their common-law relationship began;

(b) elects to change to a surname consisting of the surnames, hyphenated or combined, that both spouses or common-law partners had immediately before their marriage or immediately before their common-law relationship began; or

(c) elects to change to the surname that the other spouse or common-law partner had immediately before their marriage or immediately before their common-law relationship began, retaining his or her own surname as a given name.

Resuming name after divorce, etc.

10(2)       A person may resume the use of the surname used immediately before marriage, entry into a common-law relationship or at birth, after the marriage is dissolved by divorce or annulment, the common-law relationship is terminated or after the death of a spouse or common-law partner.

Declaration by common-law partner

10(3)       A common-law partner who elects to change his or her surname under subsection (1) or (2) shall submit a declaration to the director in the prescribed form and no change of name shall be effective until the declaration is filed.

Documents issued

10(4)       With respect to an election of surname under subsection (1) or a resumption of surname under subsection (2), the director may issue the following documents, on application and payment of the prescribed fee, only to the person referred to in subsection (5):

(a) a certificate of election or resumption of surname;

(b) a certified copy or photographic print of the declaration by the common-law partner under subsection (3).

Documents issued to certain persons

10(5)       The director may issue a document referred to in subsection (4) to

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

(b) if both parties to the marriage or 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 order of a court;

(f) a person authorized in writing by the director or Minister of Consumer and Corporate Affairs.

Form of election or resumption of surname certificate

10(6)       A certificate of election or resumption of surname shall be in the prescribed form and contain at least the following particulars:

(a) the full names of the parties immediately before the marriage or common-law relationship;

(b) the date of the marriage or the date the common-law relationship commenced;

(c) the surname elected by each party.

Effect of filing declaration under subsection (3)

10(7)       The filing of a declaration under subsection (3) confers no legal rights or responsibilities other than the right to alter a surname.

THE CHARITIES ENDORSEMENT ACT

C.C.S.M. c. C60 amended

8(1)        The Charities Endorsement Act is amended by this section.

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

"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; (« conjoint de fait »).

8(3)        Clause 2(3)(c) is amended by adding "common-law partner," after "wife,".

THE CHARTERED ACCOUNTANTS ACT

C.C.S.M. c. C70 amended

9(1)        The Chartered Accountants Act is amended by this section.

9(2)        Subsection 14(2) is repealed.

9(3)        Clause 28(1)(d) is replaced with the following:

(d) each other share in the capital stock of the corporation is both legally and beneficially owned by a person who is

(i) a voting shareholder of the corporation,

(ii) a spouse, common-law partner or child, within the meaning of the Income Tax Act (Canada), of a voting shareholder of the corporation, or

(iii) a corporation each share of the capital stock of which is legally and beneficially owned by a person referred to in subclause (i) or (ii);

9(4)        Clause 34(2)(b) is replaced with the following:

(b) the former spouse or common-law partner of a voting shareholder continues to own a share of the corporation after the end of their marriage or common-law relationship;

THE CHILD AND FAMILY SERVICES ACT

C.C.S.M. c. C80 amended

10(1)       The Child and Family Services Act is amended by this section.

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

"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; (« conjoint de fait »)

10(3)        The definition "family" in section 1 is amended

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

(b) in the French version, by striking out "le conjoint d'un de ses parents" and substituting "son beau-parent"; and

(c) in the French version, by striking out "de père ou de mère" and substituting "de parent".

10(4)       Section 1 of the French version is amended

(a) by repealing the definition "parents"; and

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

« parent » Parent biologique ou adoptif d'un enfant. La présente définition vise notamment toute personne qui est déclarée être le parent de l'enfant en vertu de la partie II de la Loi sur l'obligation alimentaire. ("parent")

10(5)       Clause 16(1)(b) of the French version is repealed and the following is substituted:

b) le parent survivant, si un parent est décédé;

10(6)       Subsection 16(2) is replaced with the following:

Voluntary surrender of guardianship by mother

16(2)       The mother of a child who is

(a) unmarried and without a common-law partner; or

(b) married or had cohabited with a common-law partner, but ceased cohabiting with her spouse or common-law partner 300 days or more before the child was born;

may, by agreement on a prescribed form, surrender guardianship of the child to an agency.

THE CIVIL SERVICE ACT

C.C.S.M. c. C110 amended

11(1)       The Civil Service Act is amended by this section.

11(2)       Subsection 1(1) is amended by adding the following definition in alphabetical order:

"surviving common-law partner" means, for the purpose of clause 14(2)(d), a person who, not having been married to the deceased referred to in that clause, was cohabiting with him or her in a conjugal relationship of some permanence at the time of the deceased's death; (« conjoint de fait survivant »)

11(3)       Clause 14(2)(d) is amended

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

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

THE COMMUNITIES ECONOMIC DEVELOPMENT FUND ACT

C.C.S.M. c. C155 amended

12          Section 1 of The Communities Economic Development Fund Act is amended by adding the following definition in alphabetical order:

"family" includes a person who, not being married to a director, is cohabiting with him or her in a conjugal relationship of some permanence; (« famille »)

THE CONSUMER PROTECTION ACT

C.C.S.M. c. C200 amended

13(1)       The Consumer Protection Act is amended by this section.

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

"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; (« conjoint de fait »)

13(3)       Clause 50(1)(a) is amended by adding "or common-law partner" after "spouse".

13(4)       Section 98 is amended in clauses (f), (h), (l) and (n), by adding "or common-law partner" after "spouse".

13(5)       Subsection 100(1) is amended by adding "or common-law partner" after "his spouse".

13(6)       If, during the Third Session of the 37th Legislature, Bill 12 entitled The Consumer Protection Amendment Act is assented to, then

(a) the following definition is added to subsection 1(1) of The Consumer Protection Act in alphabetical order:

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

(b) subsection (4) of this section is repealed; and

(c) clause 98(2)(t) of The Consumer Protection Act is amended by adding "or common-law partner," after "debtor's spouse".

THE COOPERATIVES ACT

C.C.S.M. c. C223 amended

14(1)       The Cooperatives Act is amended by this section.

14(2)       Section 1 is amended by adding the following definition in alphabetical order:

"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; (« conjoint de fait »)

14(3)       Clauses 2(5)(h) and (j) are amended

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

(b) by striking out "marital breakdown" and substituting "a breakdown in their relationship".

14(4)       Clause 2(5)(k) is amended by adding "or common-law partner" after "spouse".

THE CORPORATIONS ACT

C.C.S.M. c. C225 amended

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

15(2)       Subsection 1(1) is amended

(a) in clause (d) of the definition "associate", by adding ", common-law partner" after "spouse";

(b) in clause (e) of the definition "associate", by adding "or common-law partner" after "spouse"; and

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

"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; (« conjoint de fait »)

15(3)       Subclause 342.1(5)(i) is amended by adding "or common-law partner" after "spouse".

15(4)       Clauses 342.3(4)(c) and (f) are amended by adding "common-law partner," after "spouse,".

15(5)       Subsection 342.13(1) is amended

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

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

15(6)       Subsection 342.13(5) is amended by adding "or common-law partner" after "spouse" wherever it occurs.

15(7)       Subsection 342.13(6) is amended, in the part before clause (a), by adding ", common-law partner" after "spouse".

THE CREDIT UNIONS AND CAISSES POPULAIRES ACT

C.C.S.M. c. C301 amended

16(1)       The Credit Unions and Caisses Populaires Act is amended by this section.

16(2)       Subsection 1(1) is amended

(a) in the definition "immediate family",

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

(ii) in the French version, by striking out "la mère, le père" and substituting "le parent"; and

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

"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; (« conjoint de fait »)

16(3)       Subsection 91(2) is amended by adding "or common-law partner" after "spouse" wherever it occurs.

THE DEFAMATION ACT

C.C.S.M. c. D20 amended

17(1)       The Defamation Act is amended by this section.

17(2)       Subsection 19(1) is amended

(a) in the section heading, by striking out "or creed" and substituting ", creed or sexual orientation" and

(b) in the subsection,

(i) by striking out "against a race or religious creed" and substituting "against a race, religious creed or sexual orientation", and

(ii) by striking out "the race, or professing the religious creed," wherever it occurs and substituting "the race, professing the religious creed, or having the sexual orientation".

17(3)       The following is added after subsection 19(1):

Criminal conduct excluded

19(1.1)      For the purpose of subsection (1), the terms "religious creed" and "sexual orientation" shall not be interpreted to extend to any conduct prohibited by the Criminal Code (Canada).

THE DENTAL ASSOCIATION ACT

C.C.S.M. c. D30 amended

18(1)       The Dental Association Act is amended by this section.

18(2)       Clause 23.3(1)(d) is replaced with the following:

(d) each other share in the capital stock of the corporation is both legally and beneficially owned by a person who is

(i) a voting shareholder of the corporation,

(ii) a spouse, common-law partner or child, within the meaning of the Income Tax Act (Canada), of a voting shareholder of the corporation, or

(iii) a corporation each share of the capital stock of which is legally and beneficially owned by a person referred to in subclause (i) or (ii);

18(3)       Clause 23.9(2)(b) is replaced with the following:

(b) the former spouse or common-law partner of a voting shareholder continues to own a share of the corporation after the end of their marriage or common-law relationship;

THE DENTURISTS ACT

C.C.S.M. c. D35 amended

19          Subsection 8(2) of The Denturists Act is repealed.

THE DEVELOPMENT CORPORATION ACT

C.C.S.M. c. D60 amended

20           Section 1 of The Development Corporation Act is amended by adding the following definition in alphabetical order:

"family" includes a person who, not being married to a director, is cohabiting with him or her in a conjugal relationship of some permanence; (« famille »)

THE DISCRIMINATORY BUSINESS PRACTICES ACT

C.C.S.M. c. D80 amended

21          The definition "attribute" in subsection 1(1) of The Discriminatory Business Practices Act is amended by adding ", sexual orientation" after "sex".

THE ELDERLY AND INFIRM PERSONS' HOUSING ACT

C.C.S.M. c. E20 amended

22(1)       The Elderly and Infirm Persons' Housing Act is amended by this section.

22(2)       The definition "elderly persons" in section 1 is amended

(a) in clause (a) of the English version, by striking out "an unmarried" and substituting "a single";

(b) in clause (b),

(i) by striking out "married",

(ii) by striking out "his spouse" wherever it occurs and substituting "his or her spouse or common-law partner", and

(iii) in the English version, by striking out "he" and substituting "the person"; and

(c) in clause (c),

(i) by striking out "married"; and

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

22(3)       Section 1 is amended by adding the following definition in alphabetical order:

"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; (« conjoint de fait »).

22(4)       Section 2 is replaced with the following:

Persons living separate

2           For the purposes of the definition "elderly persons", a person who is living separate and apart from his or her spouse or common-law partner because of a breakdown in their relationship shall be considered to be a single person.

THE ELECTIONS ACT

C.C.S.M. c. E30 amended

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

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

"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; (« conjoint de fait »).

23(3)       Rule 5 in subsection 35(1) is amended by adding "or common-law partner" after "spouse" wherever it occurs.

THE EMPLOYMENT AND INCOME ASSISTANCE ACT

C.C.S.M. c. E98 amended

24(1)       The Employment and Income Assistance Act is amended by this section.

24(2)       Subsection 5(5) is replaced with the following:

Common-law relationships

5(5)        Where two persons who are not legally married to each other are living together under circumstances that indicate to the director or a municipality that they are cohabiting in a conjugal relationship, they shall, for the purposes of this Act and the regulations, be treated in the same manner as two persons who are legally married, and any application by either or both of them for income assistance, general assistance or municipal assistance shall be dealt with in every respect in that manner.

24(3)       Subsection 20(1) of the French version is amended by striking out "de son père, de sa mère" and substituting "de l'un de ses parents".

THE EXECUTIONS ACT

C.C.S.M. c. E160 amended

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

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

"family" includes a person who, not being married to a debtor or a judgment debtor, is cohabiting with him or her in a conjugal relationship of some permanence; (« famille »)

25(3)       Clause 23(1)(a) of the French version is amended by striking out "une famille" and substituting "un ménage".

THE FAMILY FARM PROTECTION ACT

C.C.S.M. c. F15 amended

26(1)       The Family Farm Protection Act is amended by this section.

26(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, is cohabiting with him or her in a conjugal relationship of some permanence; (« conjoint de fait »)

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

26(3)       Clause 3(13)(a) is amended by adding ", or is connected by common-law relationship," after "marriage".

26(4)       The following is added after subsection 3(13):

Meaning of "connected by common-law relationship"

3(13.1)     For the purpose of clause 3(13)(a), persons are connected by common-law relationship if they are common-law partners of each other or if one is the common-law partner of a person who is connected by blood relationship to the other.

THE FARM LANDS OWNERSHIP ACT

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

27(1)       The Farm Lands Ownership Act is amended by this section.

27(2)       Subsection 1(1) is amended by adding the following definition in alphabetical order:

"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; (« conjoint de fait »)

27(3)       Subsection 1(4) is amended

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

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

27(4)       Subsection 3(8) is amended by adding "or common-law partner" after "spouse".

THE DEPARTMENT OF HEALTH ACT

C.C.S.M. c. H20 amended

28(1)       The Department of Health Act is amended by this section.

28(2)       Section 1 is amended by adding the following definition in alphabetical order:

"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 "common-law partner" of a deceased person means a person who, not having been married to the deceased person, was cohabiting with him or her in a conjugal relationship of some permanence at the time of the deceased's death; (« conjoint de fait »)

28(3)       Clause 7(1)(a) is amended by striking out "husband or wife" and substituting "spouse or common-law partner".

28(4)       Subsection 7(3) is amended by adding "or common-law partner" after "spouse".

THE HIGHWAY TRAFFIC ACT

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

29(1)       The Highway Traffic Act is amended by this section.

29(2)       Subsection 1(1) is amended

(a) in the definition "common-law partner" by striking out ""common-law partner" means a person who, not being married" and substituting ""common-law partner" means a person who, not having been married";

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

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

29(3)       Subsection 27(5) is amended by striking out "by marriage" and substituting "due to marriage, common-law relationship".

29(4)       Clause 237(1)(b) of the French version is amended

(a) by striking out "de son père, de sa mère" and substituting "d'un de ses parents"; and

(b) by striking out "ni père ni mère" and substituting "ni parents".

THE HUMAN TISSUE ACT

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

30(1)       The Human Tissue Act is amended by this section.

30(2)       Section 1 is amended by adding the following definition in alphabetical order:

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

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

(b) 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 »)

30(3)       The definition "nearest relative" in section 1 is amended

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

(a) a spouse, unless there is a common-law partner,

(a.1) a common-law partner, or

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

(c) in clause (c) of the French version, by striking out "le père, la mère" and substituting "l'un des parents"; and

(d) in clause (d) of the French version, by striking out "du père, de la mère" and substituting "des parents".

30(4)       The definition "spouse" in section 1 is replaced with the following:

"spouse" means a person to whom the person is married; (« conjoint »)

30(5)       Subsection 2(2) of the French version is amended

(a) in clause (a), by striking out "lorsque le père, la mère ou un tuteur" and substituting "lorsqu'un des parents ou qu'un tuteur"; and

(b) in clause (b), by striking out "lorsque ni le père, ni la mère," and substituting "lorsqu'aucun des parents".

30(6)       Clause 10(2)(c) of the French version is amended by striking out "le père, la mère" and substituting "l'un des parents".

30(7)       Clause 11(1)(f) of the French version is amended by striking out "le père, la mère" and substituting "l'un des parents".

THE INFANTS' ESTATES ACT

C.C.S.M. c. I35 amended

31(1)       The Infants' Estates Act is amended by this section.

31(2)       The definition "parent" in section 1 is replaced with the following:

"parent" means the biological or adoptive parent of the infant; (« parent »)

31(3)       Section 2 is amended

(a) in clause (a), by striking out "the father or mother" and substituting "a parent"; and

(b) in clause (b), by striking out "the father and mother" and substituting "the parents".

THE JUDGMENTS ACT

C.C.S.M. c. J10 amended

32          Section 1 of The Judgments Act is amended by adding the following definition in alphabetical order:

"family" includes a person who, not being married to a debtor or judgment debtor, is cohabiting with him or her in a conjugal relationship of some permanence; (« famille »)

THE LANDLORD AND TENANT ACT

C.C.S.M. c. L70 amended

33(1)       The Landlord and Tenant Act is amended by this section.

33(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, is cohabiting with him or her in a conjugal relationship of some permanence; (« conjoint de fait »)

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

33(3)       Clauses 37(e) and (f) are amended by adding "common-law partner," after "husband".

THE LAW ENFORCEMENT REVIEW ACT

C.C.S.M. c. L75 amended

34          Subclause 29(a)(vii) of The Law Enforcement Review Act is replaced with the following:

(vii) differential treatment without reasonable cause on the basis of any characteristic set out in subsection 9(2) of The Human Rights Code;

THE LAW OF PROPERTY ACT

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

35(1)       The Law of Property Act is amended by this section.

35(2)       Subsection 7(1) is amended by adding "sexual orientation," after "sex,".

35(3)       Subsection 32(3) is amended

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

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

35(4)       Subsection 32(4) is replaced with the following:

Definitions for subsection (3)

32(4)       In subsection (3),

"cohabiting spouses" means a man and woman who are married to each other and are cohabiting; (« conjoints vivant ensemble »)

"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 and has so cohabited

(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 »)

THE LAW SOCIETY ACT

C.C.S.M. c. L100 amended

36(1)       The Law Society Act is amended by this section.

36(2)       Clause 61.3(1)(d) is replaced with the following:

(d) each other share in the capital stock of the corporation is both legally and beneficially owned by a person who is

(i) a voting shareholder of the corporation,

(ii) a spouse, common-law partner or child, within the meaning of the Income Tax Act (Canada), of a voting shareholder of the corporation, or

(iii) a corporation each share of the capital stock of which is legally and beneficially owned by a person referred to in subclause (i) or (ii);

36(3)       Clause 61.8(2)(b) is replaced with the following:

(b) the former spouse or common-law partner of a voting shareholder continues to own a share of the corporation after the end of their marriage or common-law relationship;

THE LEGISLATIVE ASSEMBLY ACT

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

37          Section 52.19 of The Legislative Assembly Act is amended by adding the following after subsection (1):

Amendment by L.A.M.C. re equal treatment of members' families

52.19(1.0.1)The Legislative Assembly Management Commission may, by regulation, for the purpose of ensuring equal treatment of members in relation to their families, in addition to amending the regulations referred to in subsection (1), also amend the regulations made under section 52.18 that deal with the matters described in

(a) clause 52.15(1)(g) respecting travel, vehicle allowances and mileage; and

(b) clause 52.15(1)(j) respecting allowances for attending intersessional committees.

THE LEGISLATIVE ASSEMBLY AND EXECUTIVE COUNCIL CONFLICT OF INTEREST ACT

C.C.S.M. c. L112 amended

38(1)       The Legislative Assembly and Executive Council Conflict of Interest Act is amended by this section.

38(2)       Section 1 is amended by adding the following definitions in alphabetical order:

"common-law partner" of a member or minister means a person who, not being married to the member or minister, is cohabiting with him or her in a conjugal relationship of some permanence; (« conjoint de fait »)

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

38(3)       Clause (a) of the definition "dependant" in section 1 is replaced with the following:

(a) the spouse of a member or minister,

(a.1) the common-law partner of a member or minister, and

THE MARRIAGE ACT

C.C.S.M. c. M50 amended

39(1)       The Marriage Act is amended by this section.

39(2)       Clause 18(1)(b) is amended

(a) in the French version, by striking out "par l'une des personnes suivantes";

(b) by repealing subclauses (i) and (ii) and substituting the following:

(i) by the parents of the party, if living, or

(ii) if a parent of the party is dead, by the surviving parent, or

(c) in subclause (v) of the French version, by striking out "le père et la mère" and substituting "les parents".

39(3)       Clause 18(1)(c) of the English version is amended by striking out "Child amd Family Services" and substituting "Child and Family Services".

THE MEDICAL ACT

C.C.S.M. c. M90 amended

40(1)       The Medical Act is amended by this section.

40(2)       Clause 22(1)(d) is replaced with the following:

(d) each other share in the capital stock of the corporation is both legally and beneficially owned by a person who is

(i) a voting shareholder of the corporation,

(ii) a spouse, common-law partner or child, within the meaning of the Income Tax Act (Canada), of a voting shareholder of the corporation, or

(iii) a corporation each share of the capital stock of which is legally and beneficially owned by a person referred to in subclause (i) or (ii);

40(3)       Clause 26(2)(b) is replaced with the following:

(b) the former spouse or common-law partner of a voting shareholder continues to own a share of the corporation after the end of their marriage or common-law relationship;

THE MENTAL HEALTH ACT

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

41(1)       The Mental Health Act is amended by this section.

41(2)       Section 1 is amended by adding the following definitions in alphabetical order:

"common-law partner" means

(a) with respect to a patient, 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, 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 »)

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

41(3)       The definition "nearest relative" in section 1 is amended

(a) in the part before clause (a), by adding "or other person" after "patient"; and

(b) by replacing subclause (a)(i) with the following:

(i) spouse or common-law partner,

41(4)       The definition "spouse" in section 1 is replaced with the following:

"spouse", with respect to a patient or other person, does not include a spouse from whom the patient or other person is living separate and apart. (« conjoint »)

41(5)       In the French version of section 1, the definition "tuteur" is amended by striking out "Le père ou la mère" and substituting "Le parent".

41(6)       Subsection 49(8) is amended

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

(a.1)  is the person's common-law partner;

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

(b.1) is connected to the person by common-law relationship;

41(7)       The following is added after subsection 49(8):

Meaning of connected by common-law relationship

49(8.1)     Persons are connected by common-law relationship if one is the common-law partner of a person who is connected by blood relationship to the other.

41(8)       Subclauses 72(1)(a)(v) and (vi) are amended by adding "common-law partner," after "spouse,".

THE MUNICIPAL ACT

C.C.S.M. c. M225 amended

42(1)       The Municipal Act is amended by this section.

42(2)       Subsection 1(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, is cohabiting with him or her in a conjugal relationship of some permanence; (« conjoint de fait »)

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

42(3)       Clause 349(4)(b) is amended

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

(b) in the French version, by striking out "au père ou à la mère" and substituting "à un des parents".

42(4)       Clause 373(d) is amended by adding ", common-law partner" after "spouse".

THE MUNICIPAL ASSESSMENT ACT

C.C.S.M. c. M226 amended

43          Clause 31(4)(d) of The Municipal Assessment Act is amended by striking out "the family of the person" and substituting "his or her household".

THE MUNICIPAL COUNCIL CONFLICT OF INTEREST ACT

C.C.S.M. c. M255 amended

44(1)       The Municipal Council Conflict of Interest Act is amended by this section.

44(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, is cohabiting with him or her in a conjugal relationship of some permanence; (« conjoint de fait »)

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

44(3)       Clause (a) of the definition "dependant" in section 1 is replaced with the following:

(a) the spouse of a councillor,

(a.1) the common-law partner of a councillor, and

THE OFF-ROAD VEHICLES ACT

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

45(1)       The Off-Road Vehicles Act is amended by this section.

45(2)       Subsection 1(1) is amended by adding the following definitions in alphabetical order:

"common-law partner" of a registered owner means a person who, not being married to the registered owner, is cohabiting with him or her in a conjugal relationship and has so cohabited

(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,

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 in a conjugal relationship at the time of death and so cohabited with him or her as set out in clause (a) or (b); (« conjoint de fait »)

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

45(3)       Clause 9(5)(a) is amended by adding "or common-law partner" after "spouse" wherever it occurs.

45(4)       Clause 13(b) of the French version is amended by striking out "ses père ou mère" and substituting "son parent".

45(5)       Subsection 26(1) of the French version is amended

(a) by striking out "ses père ou mère" and substituting "son parent"; and

(b) by striking out "ceux-ci" and substituting "celui-ci".

THE POWERS OF ATTORNEY ACT

C.C.S.M. c. P97 amended

46(1)       The Powers of Attorney Act is amended by this section.

46(2)       Section 1 is amended by adding the following definition in alphabetical order:

"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; (« conjoint de fait »)

46(3)       Clause (a) of the definition "nearest relative" in section 1 is amended

(a) by striking out everything before subclause (ii) and substituting the following:

(a) the adult person who is mentally competent and first listed in the following series:

(i) spouse, unless the donor has a common-law partner,

(i.1) common-law partner,

(b) by replacing subclause (v) of the French version with the following:

(v) un parent du mandant,

46(4)       The definition "spouse" in section 1 is repealed.

46(5)       Subsection 10(2) is amended in the part before clause (a) by adding "or common-law partner" after "spouse".

46(6)       Subsection 11(2) is amended

(a) by replacing the section heading with "Who may not act as a witness"; and

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

46(7)       Clause 22(1)(b) is amended by adding "or common-law partner" after "spouse".

46(8)       Subsection 22(2) is amended

(a) by replacing the section heading with "Restriction re nearest relative"; and

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

THE PRIVACY ACT

C.C.S.M. c. P125 amended

47          Section 1 of The Privacy Act is amended

(a) in the definition "family" by adding "common-law partner," after "wife,"; and

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

"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; (« conjoint de fait »)

THE PROPERTY TAX AND INSULATION ASSISTANCE ACT

C.C.S.M. c. P143 amended

48(1)       The Property Tax and Insulation Assistance Act is amended by this section.

48(2)       Section 1 is amended

(a) 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, is cohabiting with him or her in a conjugal relationship of some permanence; (« conjoint de fait »)

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

"surviving common-law partner" means, for the purpose of clause 6(b), a person who, not having been married to the eligible taxpayer referred to in that clause, was cohabiting with him or her in a conjugal relationship of some permanence at the time of the deceased's death; (« conjoint de fait survivant »)

(b) in clause (b) of the definition "income of the pensioner's family" by adding "or common-law partner" after "spouse" wherever it occurs.

48(3)       Clause 6(b) is amended by adding "or common-law partner" after "spouse" wherever it occurs.

THE MANITOBA PUBLIC INSURANCE CORPORATION ACT

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

49          Subsection 1(1) of The Manitoba Public Insurance Corporation Act is amended by adding the following definition in alphabetical order:

"family" of a person includes another person who, not being married to the person, is cohabiting with him or her in a conjugal relationship of some permanence; (« famille »)

THE PUBLIC SCHOOLS ACT

C.C.S.M. c. P250 amended

50(1)       The Public Schools Act is amended by this section.

50(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, is cohabiting with him or her in a conjugal relationship of some permanence; (« conjoint de fait »)

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

50(3)       Clause (a) of the French version of the definition "élève résident" in section 1 is amended by striking out "le père, la mère ou le tuteur, avec qui il réside," and substituting "le parent ou le tuteur avec qui il réside".

50(4)       In the French version of the following provisions, "le père ou la mère" is struck out and "le parent" is substituted:

(a) clause (c) of the definition "ayant droit" in section 21.1;

(b) subsections 21.15(3) and (4);

(c) section 82; and

(d) subsection 84(4).

50(5)       Clauses 21.15(1)(a) and (b) of the French version are amended by striking out "le père ou la mère" and substituting "au moins un des parents".

50(6)       Subsection 21.15(5) of the French version is amended by striking out "le père et la mère" and substituting "les parents".

50(7)       Section 21.17 of the French version is amended by striking out "Le père ou la mère" and substituting "L'un des parents".

50(8)       Subsection 21.36(1) is replaced with the following:

"Entitled person"

21.36(1)    In this section, "entitled person" includes

(a) the spouse of an entitled person; or

(b) the common-law partner of an entitled person who has cohabited with the entitled person for a period of at least 12 months immediately before the election.

50(9)       Clauses 21.36(2)(c) and 21.36(3)(c) of the French version are amended by striking out "un père ou une mère" and substituting "un parent".

50(10)      Clause (a) of the definition "dependant" in subsection 36(1) is replaced with the following:

(a) the spouse or common-law partner of a trustee, and

50(11)      Clause 41(1)(x) of the French version is amended by striking out "aux père et mère" and substituting "aux parents".

50(12)      Subsection 42.3(1) of the French version is amended

(a) in clause (a), by striking out "au père ou à la mère" and substituting "à un parent"; and

(b) in clause (b), by striking out "du père, de la mère" and substituting "d'un parent".

50(13)      Subsection 42.3(3) of the French version is amended by striking out "au père ou à la mère" and substituting "à un parent".

50(14)      Subsection 42.4(2) of the French version is amended by striking out "Le père, la mère" and substituting "Le parent".

50(15)      Section 42.5 of the French version is amended

(a) by striking out "du père, de la mère" and substituting "d'un parent"; and

(b) by striking out "le père, la mère" and substituting "le parent".

50(16)      Clause 48(1)(o) of the French version is amended by striking out "doivent le père, la mère" and substituting "doit un parent".

50(17)      The heading for Part III.1 of the French version is amended by striking out "PÈRE, MÈRE ET ÉLÈVE" and substituting "PARENTS ET ÉLÈVES".

50(18)      Section 58.1 of the French version is amended

(a) in the section heading, by striking out "père ou mère" and substituting "parent"; and

(b) in the section, by striking out "au père et à la mère" and substituting "à un parent".

50(19)      Section 58.2 and clause 58.5(a) of the French version are amended by striking out "des pères et mères" and substituting "des parents".

50(20)      The centred heading before section 58.6 of the French version is amended by striking out "DES PÈRES ET MÈRES" and substituting "DES PARENTS".

50(21)      Section 58.6 of the French version is amended by replacing the section heading with the following: "Droits des parents".

50(22)      Section 58.7 of the French version is amended by striking out "Le père ou la mère d'un enfant" and substituting "L'un des parents de l'enfant".

50(23)      Section 58.8 of the French version is amended by striking out "son père et sa mère" and substituting "ses parents".

50(24)      Clause 58.9(2)(c) of the French version is amended by striking out "de son père ou de sa mère" and substituting "d'un de ses parents".

50(25)      Section 89 of the French version is amended by striking out "son père ou sa mère, ou son tuteur" and substituting "son parent ou son tuteur".

50(26)      Section 96 of the French version is amended

(a) in clause (f), by striking out "le père, la mère" and substituting "le parent"; and

(b) in clause (g), by striking out "au père, à la mère" and substituting "au parent".

50(27)      Section 233 of the French version is amended by striking out "le père, la mère" and substituting "le parent".

50(28)      Sections 234 and 235 of the French version are amended by striking out "Le père, la mère" and substituting "Le parent".

50(29)      Subsection 236(2) of the French version is amended by striking out "ou son père, sa mère" and substituting "ou son parent".

50(30)      Subsection 260(1) of the French version is amended

(a) by striking out "Le père ou la mère" and substituting "Tout parent"; and

(b) by striking out "le père, la mère ou cette" and substituting "lui ou avec cette".

50(31)      Subsection 261(2) of the French version is amended by striking out "son père ou sa mère" and substituting "son parent".

50(32)      Subclause 262(e)(i) of the French version is amended by striking out "son père, sa mère" and substituting "son parent".

50(33)      If, during the Third Session of the 37th Legislature, Bill 22 entitled The Public Schools Amendment Act (Francophone School Division Governance Structure) is assented to, then

(a) subsections (8) and (9) of this section are repealed; and

(b) subsection 21.37(1) of The Public Schools Act is replaced with the following:

Extended meaning of "entitled person"

21.37(1)    In this section, "entitled person" includes

(a) the spouse of an entitled person; or

(b) the common-law partner of an entitled person who has cohabited with the entitled person for a period of at least 12 months immediately before the election.

THE REGISTERED RESPIRATORY THERAPISTS ACT

C.C.S.M. c. R115 amended

51          Subsection 10(5) of The Registered Respiratory Therapists Act is repealed.

THE UNIVERSITY OF MANITOBA ACT

C.C.S.M. c. U60 amended

52          Section 62 of The University of Manitoba Act is repealed.

THE VICTIMS' BILL OF RIGHTS

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

53(1)        The Victims' Bill of Rights is amended by this section.

53(2)       Subsection 1(1) is amended

(a) by adding the following definition in alphabetical order:

"family" in relation to a victim includes an individual, other than the offender or the alleged offender, who, not being married to the victim, is cohabiting with him or her in a conjugal relationship of some permanence; (« famille »)

(b) in the definition "victim",

(i) in subclause (a)(i), by striking out "relationship" and substituting "conjugal relationship", and

(ii) in clause (b) of the French version, by striking out "son père, sa mère" and substituting "son parent";

(c) in clause (d) of the definition "parent le plus proche" in the French version, by striking out "père ou mère" and substituting "parent".

53(3)       Subsection 45(1) is amended

(a) in the definition "dependant" by adding "or common-law partner" after "spouse";

(b) by repealing the definition "spouse";

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

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

(a) 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

(b) for at least the 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 »)

(d) in the definition "enfant" in the French version, by striking out "de père ou de mère" and substituting "de parent".

53(4)       Subsection 45(2) is amended

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

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

53(5)       Clauses 48(a) and (b) are amended by adding "or common-law partner" after "spouse" wherever it occurs.

THE VITAL STATISTICS ACT

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

54(1)       The Vital Statistics Act is amended by this section.

54(2)       Subsection 3(6) is replaced with the following:

3(6)        The birth registration of a child born to a woman as a result of artificial insemination, whether born before or after the coming into force of this subsection, shall be completed

(a) showing, with the written consent of the woman and her husband or common-law partner in the prescribed form, the particulars of the husband or common-law partner as those of the father or other parent of the child; and

(b) in accordance with the regulations.

Common-law partner

3(6.1)      For the purpose of subsection (6), a woman's common-law partner is the person who, not being married to the woman, is cohabiting with her in a conjugal relationship of some permanence.

Consent submitted after child's birth registered

3(6.2)      If the consent referred to in clause (6)(a) is submitted to the director after the registration of the child's birth, the director may amend the registration, on receipt of the prescribed fee, to add the particulars of the father or other parent where the birth was registered without those particulars.

54(3)       The section heading of subsection 6(2) of the French version is amended by striking out "du père ou de la mère" and substituting "du parent".

54(4)       Subsection 9(4) of the French version is amended by striking out "des parents du père et de la mère" and substituting "de membres des familles des parents".

54(5)       Subsection 10(4) of the French version is amended by striking out "la mère ou le père adoptif" and substituting "le parent adoptif".

54(6)       Clauses 21(1)(b) and (c) are amended

(a) by adding "or registered a common-law relationship" after "married" wherever it occurs; and

(b) by striking out "and marriages" and substituting ", marriages and common-law relationships".

54(7)        Subsection 21(3) is amended by striking out "upon marriage" and substituting "as a result of marriage or common-law relationship".

54(8)       If The Vital Statistics Amendment and Consequential Amendments Act, S.M. 2001, c. 5, is proclaimed in force before subsection (2) of this section comes into force, then subsection 3(5) of The Vital Statistics Act is amended by adding "(6.1), (6.2)," after "(6),".

THE VULNERABLE PERSONS LIVING WITH A MENTAL DISABILITY ACT

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

55(1)       The Vulnerable Persons Living with a Mental Disability Act is amended by this section.

55(2)       Subsection 1(1) is amended by adding the following definition in alphabetical order:

"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 and has so cohabited for a period of at least six months; (« conjoint de fait »)

55(3)       Clause (a) of the definition "nearest relative" in subsection 1(1) is replaced with the following:

(a) a spouse, unless there is a common-law partner,

(a.1) a common-law partner,

55(4)       The definition "spouse" in subsection 1(1) is replaced with the following:

"spouse" means the person to whom a person is married; (« conjoint »)

55(5)       Clause (a) of the definition "support network" in subsection 1(1) is amended by adding "or common-law partner" after "spouse".

55(6)       Clause 36(3)(a) is replaced with the following:

(a) is related by blood to the person for whom the application is made;

(a.1) is or has been related by marriage to the person for whom the application is made;

(a.2) is or has been a common-law partner of the person for whom the application is made;

(a.3) is or has been connected by common-law relationship to the person for whom the application is made;

55(7)       The following is added after subsection 36(3):

Common-law relationships

36(3.1)     For the purpose of clause (a.3), persons are connected by common-law relationship if one is the common-law partner of a person who is related by blood to the other.

THE CITY OF WINNIPEG ACT

S.M. 1989-90, c. 10 amended

56(1)       The City of Winnipeg Act is amended by this section.

56(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, is cohabiting with him or her in a conjugal relationship of some permanence; (« conjoint de fait »)

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

56(3)       Subsection 98(4) is amended by adding "or common-law partner" after "spouse".

COMING INTO FORCE

Coming into force:  royal assent

57(1)       Subject to subsection (2), this Act comes into force on the day it receives royal assent.

Coming into force:  January 1, 2003

57(2)       Sections 1, 7, 10, 16, 24, 41, 50, 53 and 54 come into force on January 1, 2003.

 

 


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