[37] Bill 5 Royal Assent (PDF)
Bill 5
Bill 51999
An Act to amend certain statutes because of the Supreme Court of Canada decision in M. v. H.
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Absentees Act
1. Clause 2 (2) (d) of the Absentees Act is amended by inserting "or the same sex" after "of the opposite sex" in the first line.
Assessment Act
2. (1) Subsection 19 (5.1) of the Assessment Act, as enacted by the Statutes of Ontario, 1997, chapter 5, section 12, is amended by striking out "spouse" in the twelfth line and substituting "spouse or same-sex partner".
(2) Section 19 of the Act, as amended by the Statutes of Ontario, 1997, chapter 5, section 12, 1997, chapter 29, section 9 and 1998, chapter 33, section 5, is further amended by adding the following subsection:
Definitions
(5.1.1) In subsection (5.1), "
same-sex partner" has the same meaning as in Part III of the Family Law Act\; ("partenaire de mme sexe") "
spouse" has the same meaning as in Part III of the Family Law Act. ("conjoint")
Business Corporations Act
3. (1) Clause (d) of the definition of "associate" in subsection 1 (1) of the Business Corporations Act is repealed and the following substituted:
(d)the person's spouse or same-sex partner or any relative of the person, where the spouse, same-sex partner or relative has the same home as the person, or
. . . . .
(2) Clause (e) of the definition of "associate" in subsection 1 (1) of the Act is amended by striking out "spouse" in the first line and substituting "spouse or same-sex partner".
(3) The definition of "related person" in subsection 1 (1) of the Act is amended by,
(a)striking out "spouse" in the first line of clause (a) and substituting "spouse, same-sex partner"\; and
(b)striking out "spouse, other than a relative" in the second line of clause (b) and substituting "spouse or same-sex partner, other than an individual".
(4) Subsection 1 (1) of the Act, as amended by the Statutes of Ontario, 1994, chapter 27, section 71, is further amended by adding the following definition: "
same-sex partner" means a person of the same sex with whom the person is living in a conjugal relationship outside marriage. ("partenaire de mme sexe")
Change of Name Act
4. (1) Subsection 3 (6) of the Change of Name Act is amended by striking out "a man and woman" in the second line and substituting "two persons of the opposite sex or the same sex".
(2) Subsection 3 (7) of the Act is amended by striking out "a man and woman" in the second line and substituting "two persons".
Charitable Institutions Act
5. (1) Paragraph 14 of subsection 3.1 (2) of the Charitable Institutions Act, as enacted by the Statutes of Ontario, 1993, chapter 2, section 2, is amended by,
(a)striking out "spouse" in the second line and substituting "spouse or same-sex partner"\; and
(b)striking out "spouses" in the fourth line and substituting "spouses or same-sex partners".
(2) Section 3.1 of the Act, as enacted by the Statutes of Ontario, 1993, chapter 2, section 2, is amended by adding the following subsection:
Definitions
(5) In this section, "
same-sex partner" means either of two persons of the same sex who live together in a conjugal relationship outside marriage; ("partenaire de mme sexe") "
spouse" means,
(a)a spouse as defined in section 1 of the Family Law Act, or
(b)either of two persons of the opposite sex who live together in a conjugal relationship outside marriage. ("conjoint")
Child and Family Services Act
6. Subsection 146 (4) of the Child and Family Services Act is amended by striking out "or" at the end of clause (a), by adding "or" at the end of clause (b) and by adding the following clause:
(c)by any other individuals that the court may allow, having regard to the best interests of the child.
Children's Law Reform Act
7. (1) Subsection 24 (3) of the Children's Law Reform Act, as set out in subsection 78 (2) of the Act, is amended by striking out "spouse" in the fourth line and substituting "spouse, same-sex partner".
(2) Subsection 78 (2) of the Act is amended by adding the following subsection to section 24 of the Act:
Definitions
(3.1) In subsection (3), "
same-sex partner" means either of two persons of the same sex who live together in a conjugal relationship outside marriage; ("partenaire de mme sexe") "
spouse" means,
(a)a spouse as defined in section 1 of the Family Law Act, or
(b)either of two persons of the opposite sex who live together in a conjugal relationship outside marriage. ("conjoint")
City of Toronto Act, 1997 (No. 2)
8. (1) Subsection 13 (1) of the City of Toronto Act, 1997 (No. 2) is amended by striking out "spouses" in the third line and substituting "spouses, same-sex partners".
(2) Clause 29 (1) (a) of the Act is amended by striking out "spouses" in the second line and substituting "spouses, same-sex partners".
(3) Clause 29 (3) (a) of the Act is amended by striking out "spouses" in the third line and substituting "spouses, same-sex partners".
(4) Subsection 29 (5) of the Act is amended by striking out "spouses" in the fourth line and substituting "spouses, same-sex partners".
(5) Subsection 29 (6) of the Act is amended by striking out "spouses" in the third line and substituting "spouses, same-sex partners".
(6) Subsection 66 (8) of the Act is amended by striking out "spouses" in the third line and substituting "spouses, same-sex partners".
(7) Subsection (6) does not apply if section 22 of the Hummingbird Performing Acts Centre Corporation Act, 1998 comes into force before subsection (6).
Commercial Tenancies Act
9. (1) Section 1 of the Commercial Tenancies Act, as amended by the Statutes of Ontario, 1997, chapter 24, section 213, is further amended by adding the following definition: "
same-sex partner" means a person of the same sex with whom the person is living in a conjugal relationship outside marriage, if the two persons,
(a)have cohabited for at least one year,
(b)are together the parents of a child, or
(c)have together entered into a cohabitation agreement under section 53 of the Family Law Act. ("partenaire de mme sexe")
(2) Subsection 31 (2) of the Act is amended by striking out "or by any person whose title is derived by purchase, gift, transfer or assignment from any relative to whom the restriction does not apply" in the twenty-seventh, twenty-eighth, twenty-ninth and thirtieth lines and substituting "or by the same-sex partner of the tenant, or by any person whose title is derived by purchase, gift, transfer or assignment from any relative of the tenant's to whom the restriction does not apply".
Community Economic Development Act, 1993
10. (1) Clause (f) of the definition of "associate" in subsection 1 (1) of the Community Economic Development Act, 1993 is repealed and the following substituted:
(f)a spouse or same-sex partner of the person, both as defined in Part III of the Family Law Act, or
. . . . .
(2) Clause (g) of the definition of "associate" in subsection 1 (1) of the Act is amended by striking out "spouse" in the second line and substituting "spouse or same-sex partner".
Compensation for Victims of Crime Act
11. (1) The definition of "dependant" in section 1 of the Compensation for Victims of Crime Act is amended by striking out "and" at the end of clause (d), by adding "and" at the end of clause (e) and by adding the following clause:
(f)the same-sex partner of the victim.
(2) Section 1 of the Act is amended by adding the following definition: "
same-sex partner" means a person of the same sex who was living with the deceased victim in a conjugal relationship outside marriage immediately before the death of the deceased victim. ("partenaire de mme sexe")
(3) Subsection 21 (3) of the Act is amended by striking out "spouse" in the seventh line and substituting "spouse, same-sex partner".
Consumer Reporting Act
12. (1) The definition of "credit information" in subsection 1 (1) of the Consumer Reporting Act is amended by striking out "spouse's" in the fourth line and substituting "spouse's or same-sex partner's".
(2) Subsection 1 (1) of the Act is amended by adding the following definitions: "
same-sex partner" means either of two persons of the same sex who live together in a conjugal relationship outside marriage; ("partenaire de mme sexe") "
spouse" means,
(a)a spouse as defined in section 1 of the Family Law Act, or
(b)either of two persons of the opposite sex who live together in a conjugal relationship outside marriage. ("conjoint")
Conveyancing and Law of Property Act
13. (1) Subsection 13 (2) of the Conveyancing and Law of Property Act is amended by striking out "spouse" in the second line and substituting "spouse or same-sex partner".
(2) Section 13 of the Act is amended by adding the following subsection:
Definitions
(3) In subsection (2), "
same-sex partner" means either of two persons of the same sex who live together in a conjugal relationship outside marriage; ("partenaire de mme sexe") "
spouse" means,
(a)a spouse as defined in section 1 of the Family Law Act, or
(b)either of two persons of the opposite sex who live together in a conjugal relationship outside marriage. ("conjoint")
Co-operative Corporations Act
14. (1) The definition of "related person" in subsection 1 (1) of the Co-operative Corporations Act is amended by,
(a)striking out "spouse" in the first line of clause (a) and substituting "spouse, same-sex partner"\; and
(b)striking out "spouse, other than a relative" in the second line of clause (b) and substituting "spouse or same-sex partner, other than an individual".
(2) Subsection 1 (1) of the Act, as amended by the Statutes of Ontario, 1992, chapter 19, section 1, 1994, chapter 17, section 1 and 1997, chapter 28, section 34, is further amended by adding the following definition: "
same-sex partner" means a person of the same sex with whom the person is living in a conjugal relationship outside marriage. ("partenaire de mme sexe")
(3) The definition of "associate" in subsection 111 (3) of the Act is amended by,
(a)striking out "spouse" in the first line of clause (d) and substituting "spouse, same-sex partner"\; and
(b)striking out "spouse, other than a relative" in the second line of clause (e) and substituting "spouse or same-sex partner, other than an individual".
Coroners Act
15. (1) Section 1 of the Coroners Act is amended by adding the following definition: "
same-sex partner" means a person of the same sex with whom the deceased was living in a conjugal relationship outside marriage immediately before his or her death, if the deceased and the other person,
(a)had cohabited for at least one year,
(b)were together the parents of a child, or
(c)had together entered into a cohabitation agreement under section 53 of the Family Law Act. ("partenaire de mme sexe")
(2) Subsection 18 (2) of the Act is amended by striking out "spouse" in the eleventh line and substituting "spouse, same-sex partner".
(3) Subsection 26 (1) of the Act is amended by striking out "spouse" in the second line and substituting "spouse, same-sex partner".
(4) Subsection 29 (2) of the Act is amended by striking out "spouse" in the sixth line and substituting "spouse, same-sex partner".
Corporations Act
16. Clause (c) of the definition of "associate" in subsection 72 (1) of the Corporations Act is repealed and the following substituted:
(c)any person of the opposite sex to whom the person is married or any person of the opposite sex or the same sex with whom the person is living in a conjugal relationship outside marriage, or
. . . . .
County of Simcoe Act, 1993
17. (1) Subsection 11 (7) of the County of Simcoe Act, 1993 is amended by striking out "spouse" in the sixth line and substituting "spouse or same-sex partner".
(2) Subsection 11 (8) of the Act is repealed and the following substituted:
Same
(8) In subsection (7), "
owner or tenant" and "resident" have the same meaning as in the Municipal Elections Act, 1996\; ("propritaire ou locataire", "rsident") "
same-sex partner" and "spouse" have the same meaning as in the Municipal Act. ("partenaire de mme sexe", "conjoint")
Courts of Justice Act
18. (1) Paragraph 3 of the Schedule to section 21.8 of the Courts of Justice Act, as enacted by the Statutes of Ontario, 1994, chapter 12, section 8, is amended by inserting "of the opposite sex or the same sex" after "persons" in the third line.
(2) Subclause 53 (1) (a.3) (iii) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 20, section 2, is amended by striking out "spouses" in the second line and substituting "spouses, same-sex partners".
(3) Section 53 of the Act, as amended by the Statutes of Ontario, 1994, chapter 12, section 18, 1996, chapter 25, section 1, 1998, chapter 20, section 2 and 1998, chapter 20, Schedule A, section 22, is further amended by adding the following subsection:
Definitions
(5) In clause (1) (a.3), "
same-sex partner" means either of two persons of the same sex who live together in a conjugal relationship outside marriage; ("partenaire de mme sexe") "
spouse" means,
(a)a spouse as defined in section 1 of the Family Law Act, or
(b)either of two persons of the opposite sex who live together in a conjugal relationship outside marriage. ("conjoint")
Credit Unions and Caisses Populaires Act, 1994
19. (1) Clause (a) of the definition of "related person" in section 1 of the Credit Unions and Caisses Populaires Act, 1994 is amended by striking out "spouse" and substituting "spouse or same-sex partner".
(2) Section 1 of the Act, as amended by the Statutes of Ontario, 1997, chapter 28, section 52, is further amended by adding the following definition: "
same-sex partner" means a same-sex partner as defined under Part III of the Family Law Act. ("partenaire de mme sexe")
(3) Paragraph 7 of subsection 92 (1) of the Act is amended by striking out "spouse" in the third line and substituting "spouse, same-sex partner".
(4) Clause 146 (1) (d) of the Act is amended by striking out "spouse" in the first line and substituting "spouse, same-sex partner".
(5) Paragraph 3 of section 161 of the Act is amended by striking out "spouse" in the first line and substituting "spouse, same-sex partner".
(6) Subsection 326 (1) of the Act is amended by striking out "spouse" in the seventh line and substituting "spouse or same-sex partner".
Education Act
20. (1) The definition of "French-language public district school board supporter" in subsection 1 (1) of the Education Act, as re-enacted by the Statutes of Ontario, 1997, chapter 31, section 1, is amended by striking out the portion after clause (b) and substituting the following:
and includes his or her spouse or same-sex partner if the spouse or same-sex partner is a French-language rights holder. ("contribuable des conseils scolaires de district publics de langue franaise")
(2) Section 1 of the Act, as amended by the Statutes of Ontario, 1997, chapter 3, section 2, 1997, chapter 22, section 1, 1997, chapter 31, section 1 and 1997, chapter 43, Schedule G, section 20, is further amended by adding the following subsection:
Same-sex partner; spouse
(1.0.1) In the definition of "French-language public district school board supporter" in subsection (1), in subsection (9), and in sections 177 and 219, "
same-sex partner" means either of two persons of the same sex who live together in a conjugal relationship outside marriage; ("partenaire de mme sexe") "
spouse" means,
(a)a spouse as defined in section 1 of the Family Law Act, or
(b)either of two persons of the opposite sex who live together in a conjugal relationship outside marriage. ("conjoint")
(3) Subsection 1 (9) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 31, section 1, is amended by striking out "spouse" in the fourth line and substituting "spouse or same-sex partner".
(4) Clause 177 (1) (a) of the Act is amended by,
(a)striking out "spouses" in the third line of subclause (i) and substituting "spouses, same-sex partners"\;
(b)striking out "spouses" in the fourth line of subclause (ii) and substituting "spouses, same-sex partners"\; and
(c)striking out "spouses" in the fifth line of subclause (iii) and substituting "spouses, same-sex partners".
(5) Clause 219 (4) (b) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 31, section 112, is amended by striking out "spouse" in the first line and substituting "spouse or same-sex partner".
(6) Subsection 219 (5) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 31, section 112, is amended by,
(a)striking out "spouse" in the first line of clause (b) and substituting "spouse or same-sex partner"\; and
(b)striking out "spouse" in the seventeenth line and substituting "spouse or same-sex partner".
Election Act
21. (1) Section 1 of the Election Act, as amended by the Statutes of Ontario, 1996, chapter 28, section 2 and 1998, chapter 9, section 1, is further amended by adding the following definitions: "
same-sex partner" means a person of the same sex with whom the person is living in a conjugal relationship outside marriage, if the two persons,
(a)have cohabited for at least one year,
(b)are together the parents of a child, or
(c)have together entered into a cohabitation agreement under section 53 of the Family Law Act\; ("partenaire de mme sexe") "
spouse" means a person of the opposite sex,
(a)to whom the person is married; or
(b)with whom the person is living in a conjugal relationship outside marriage, if the two persons,
(i)have cohabited for at least one year,
(ii)are together the parents of a child, or
(iii)have together entered into a cohabitation agreement under section 53 of the Family Law Act. ("conjoint")
(2) Subsection 8 (2) of the Act, as amended by the Statutes of Ontario, 1998, chapter 9, section 7, is further amended by striking out "spouse" in the third line and substituting "spouse or same-sex partner".
(3) Subsection 22 (2) of the Act, as amended by the Statutes of Ontario, 1998, chapter 9, section 22, is further amended by striking out "grandparent or spouse" in the fourth line and substituting "grandparent, spouse or same-sex partner".
(4) Subsection 22 (3) of the Act is repealed.
Employment Standards Act
22. Subsection 33 (2) of the Employment Standards Act is amended by striking out "marital status" in the ninth line and substituting "marital or same-sex partnership status".
Estates Act
23. Clause 29 (1) (a) of the Estates Act is amended by inserting "or the same sex" after "of the opposite sex" in the third and fourth lines.
Execution Act
24. (1) Section 1 of the Execution Act is amended by adding the following definition: "
same-sex partner" means a person of the same sex with whom the person is living in a conjugal relationship outside marriage. ("partenaire de mme sexe")
(2) The definition of "surviving spouse" in section 1 of the Act is repealed and the following substituted: "
surviving spouse or same-sex partner" means a person who was the person's spouse or same-sex partner at the time of his or her death. ("conjoint ou partenaire de mme sexe survivant")
(3) Subsection 5 (2) of the Act is amended by striking out "surviving spouse" in the first line and in the third line and substituting in each case "surviving spouse or same-sex partner".
(4) Subsection 5 (3) of the Act is amended by striking out "surviving spouse" in the first line and substituting "surviving spouse or same-sex partner".
(5) Section 6 of the Act is amended by striking out "surviving spouse" in the first line and substituting "surviving spouse or same-sex partner".
(6) Subsection 7 (2) of the Act is amended by striking out "spouse or former spouse" in the fourth line and substituting "spouse, same-sex partner or former spouse or same-sex partner".
Family Law Act
25. (1) Clause (b) of the definition of "spouse" in subsection 1 (1) of the Family Law Act is amended by striking out "the person asserting a right under this Act" in the third and fourth lines and substituting "a person relying on this clause to assert any right".
(2) Section 29 of the Act is amended by adding the following definition: "
same-sex partner" means either of two persons of the same sex who have cohabited,
(a)continuously for a period of not less than three years, or
(b)in a relationship of some permanence, if they are the natural or adoptive parents of a child. ("partenaire de mme sexe")
(3) Section 30 of the Act is amended by,
(a)striking out "Every spouse" in the first line and substituting "Every spouse and every same-sex partner"\; and
(b)striking out "spouse" in the third line and substituting "spouse or same-sex partner".
(4) Subsection 33 (3) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 25, Schedule E, section 1, is amended by striking out "spouse" in the third line and substituting "spouse, same-sex partner".
(5) Subsection 33 (8) of the Act is amended by,
(a)striking out "spouse" in the first line and substituting "spouse or same-sex partner"\;
(b)striking out "spouse's" in the first line of clause (a) and substituting "spouse's or same-sex partner's"\;
(c)striking out "spouse" in the fourth line of clause (a) and substituting "spouse or same-sex partner"\; and
(d)striking out "spouse" in the second line of clause (c) and substituting "spouse or same-sex partner".
(6) Subsection 33 (9) of the Act, as amended by the Statutes of Ontario, 1997, chapter 20, section 3, is further amended by striking out "spouse" in the amendment of 1997 and substituting "spouse, same-sex partner".
(7) Clause 33 (9) (l) of the Act is amended by,
(a)striking out "spouse" in the first line and substituting "spouse or same-sex partner"\;
(b)striking out "spouse's" in the first line of subclause (ii) and substituting "spouse's or same-sex partner's"\;
(c)striking out "spouse" in the first line of subclause (iii) and substituting "spouse or same-sex partner"\;
(d)striking out "spouse" in the first line of subclause (iv) and substituting "spouse or same-sex partner"\; and
(e)striking out "any" in the first line of subclause (v) and substituting "in the case of a spouse, any".
(8) Clause 33 (9) (l) of the Act is amended by adding the following subclause:
(v.1)in the case of a same-sex partner, any housekeeping, child care or other domestic service performed by the same-sex partner for the respondent or the respondent's family, as if the same-sex partner were devoting the time spent in performing that service in remunerative employment and were contributing the earnings to the support of the respondent or the respondent's family.
(9) Subclause 33 (9) (l) (vi) of the Act is amended by striking out "spouse's" in the first line and substituting "spouse's or same-sex partner's".
(10) Subsection 33 (10) of the Act is amended by striking out "spouse" in the second line and in the third line and substituting in each case "spouse or same-sex partner".
(11) Subsection 34 (1) of the Act is amended by,
(a)striking out "spouse" in the first line and in the fourth line of clause (i) and substituting in each case "spouse or same-sex partner"\; and
(b)striking out "spouse" in the first line and in the third line of clause (j) and substituting in each case "spouse or same-sex partner".
(12) Subsection 37 (2) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 20, section 6, is amended by striking out "spouse" in the second line and substituting "spouse, same-sex partner".
(13) Subsection 38.1 (1) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 20, section 8, is amended by striking out "spouse" in the third line and substituting "spouse or same-sex partner".
(14) Subsection 38.1 (2) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 20, section 8, is amended by striking out "spouse" in the third line and in the fifth line and substituting in each case "spouse or same-sex partner".
(15) Subsection 38.1 (3) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 20, section 8, is amended by striking out "spouse" in the third line, in the fourth line, in the ninth line and in the tenth line and substituting in each case "spouse or same-sex partner".
(16) Subsection 38.1 (4) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 20, section 8, is amended by striking out "spouse" in the third line and substituting "spouse or same-sex partner".
(17) Subsection 39 (2) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 20, section 9, is amended by striking out "spouse" in the fourth line and in the eighth line and substituting in each case "spouse or same-sex partner".
(18) Section 40 of the Act is amended by striking out "spouse's" in the third line and substituting "spouse's or same-sex partner's".
(19) Subsection 45 (1) of the Act is amended by striking out "spouse" in the first line, in the third line and in the fifth line and substituting in each case "spouse or same-sex partner".
(20) Subsection 46 (1) of the Act is amended by striking out "spouse or former spouse" in the third line and in the ninth line and substituting in each case "spouse, same-sex partner or former spouse or same-sex partner".
(21) Subsection 50 (1) of the Act is amended by,
(a)striking out "spouse" in the second line and substituting "spouse or same-sex partner"\; and
(b)striking out "spouses" in the fourth line and substituting "spouses or same-sex partners".
(22) Subsection 50 (2) of the Act is amended by,
(a)striking out "spouses" in the first line and substituting "spouses or same-sex partners"\; and
(b)striking out "spouse" in the fourth line and substituting "spouse or same-sex partner".
(23) Subsection 53 (1) of the Act is amended by striking out "A man and a woman" in the first line and substituting "Two persons of the opposite sex or the same sex".
(24) Section 54 of the Act is amended by striking out "A man and a woman" in the first line and substituting "Two persons of the opposite sex or the same sex".
(25) Subsection 61 (1) of the Act is amended by striking out "spouse, as defined in Part III (Support Obligations)" in the fifth and sixth lines and substituting "spouse, as defined in Part III (Support Obligations), same-sex partner, as defined in Part III (Support Obligations)".
Family Responsibility and Support Arrears Enforcement Act, 1996
26. (1) Clause (i) of the definition of "income source" in subsection 1 (1) of the Family Responsibility and Support Arrears Enforcement Act, 1996 is amended by striking out "child or other relative" in the fifth line and in the seventh and eighth lines and substituting in each case "child, other relative or same-sex partner".
(2) Subsection 1 (1) of the Act is amended by adding the following definitions: "
same-sex partner" means either of two persons of the same sex who live together in a conjugal relationship outside marriage; ("partenaire de mme sexe") "
spouse" means,
(a)a spouse as defined in section 1 of the Family Law Act, or
(b)either of two persons of the opposite sex who live together in a conjugal relationship outside marriage. ("conjoint")
(3) Clause (f) of the definition of "support order" in subsection 1 (1) of the Act is amended by striking out "spouse" in the first line and in the fourth line and substituting in each case "spouse or same-sex partner".
Homes for the Aged and Rest Homes Act
27. (1) Paragraph 14 of subsection 1.1 (2) of the Homes for the Aged and Rest Homes Act, as enacted by the Statutes of Ontario, 1993, chapter 2, section 14, is amended by,
(a)striking out "spouse" in the second line and substituting "spouse or same-sex partner"\; and
(b)striking out "spouses" in the fourth line and substituting "spouses or same-sex partners".
(2) Section 1.1 of the Act, as enacted by the Statutes of Ontario, 1993, chapter 2, section 14, is amended by adding the following subsection:
Definitions
(5) In this section, "
same-sex partner" means either of two persons of the same sex who live together in a conjugal relationship outside marriage; ("partenaire de mme sexe") "
spouse" means,
(a)a spouse as defined in section 1 of the Family Law Act, or
(b)either of two persons of the opposite sex who live together in a conjugal relationship outside marriage. ("conjoint")
Human Rights Code
28. (1) Section 1 of the Human Rights Code is amended by striking out "marital status" in the sixth line and substituting "marital status, same-sex partnership status".
(2) Subsection 2 (1) of the Code is amended by striking out "marital status" in the sixth line and substituting "marital status, same-sex partnership status".
(3) Subsection 2 (2) of the Code is amended by striking out "marital status" in the seventh line and substituting "marital status, same-sex partnership status".
(4) Section 3 of the Code is amended by striking out "marital status" in the sixth line and substituting "marital status, same-sex partnership status".
(5) Subsection 5 (1) of the Code is amended by striking out "marital status" in the sixth line and substituting "marital status, same-sex partnership status".
(6) Subsection 5 (2) of the Code is amended by striking out "marital status" in the seventh line and substituting "marital status, same-sex partnership status".
(7) Section 6 of the Code is amended by striking out "marital status" in the seventh and eighth lines and substituting "marital status, same-sex partnership status".
(8) Subsection 10 (1) of the Code, as amended by the Statutes of Ontario, 1993, chapter 27, Schedule and 1997, chapter 16, section 8, is further amended by adding the following definitions: "
same-sex partner" means the person with whom a person of the same sex is living in a conjugal relationship outside marriage; ("partenaire de mme sexe") "
same-sex partnership status" means the status of living with a person of the same sex in a conjugal relationship outside marriage. ("partenariat avec une personne de mme sexe")
(9) Subsection 20 (3) of the Code is amended by striking out "marital status" in the seventh line and substituting "marital status, same-sex partnership status".
(10) Section 22 of the Code is amended by striking out "marital status" in the fourth line and in the thirteenth line and substituting in each case "marital status, same-sex partnership status".
(11) Subsection 24 (1) of the Code is amended by,
(a)striking out "marital status" in the seventh line of clause (a) and substituting "marital status, same-sex partnership status"\;
(b)striking out "or marital status" in the third line and in the fourth and fifth lines of clause (b) and substituting in each case "marital status or same-sex partnership status"\;
(c)striking out "spouse or other relative" in the seventh and eighth lines of clause (c) and substituting "spouse, same-sex partner or relative"\; and
(d)striking out "spouse" in the fourth line of clause (d) and substituting "spouse, same-sex partner".
(12) Subsection 25 (2) of the Code is amended by striking out "marital status" in the third and fourth lines and substituting "marital status, same-sex partnership status".
Human Tissue Gift Act
29. (1) Subsection 5 (1) of the Human Tissue Gift Act is amended by adding the following definition: "
same-sex partner" means a person of the same sex with whom the person is living or, immediately before the person's death, was living, in a conjugal relationship outside marriage, if the two persons,
(a)have cohabited for at least one year,
(b)are together the parents of a child, or
(c)have together entered into a cohabitation agreement under section 53 of the Family Law Act. ("partenaire de mme sexe")
(2) Subsection 5 (2) of the Act is amended by,
(a)striking out "spouse" in clause (a) and substituting "spouse or same-sex partner"\;
(b)striking out "spouse" in the first line of clause (b) and substituting "spouse or same-sex partner"\;
(c)striking out "spouse" in the first line of clause (g) and substituting "spouse, same-sex partner"\;
(d)striking out "spouse" in the first line of clause (h) and substituting "spouse, same-sex partner"\; and
(e)striking out "spouse" in the third line of clause (i) and substituting "spouse, same-sex partner".
Independent Health Facilities Act
30. (1) Clause 1 (3) (e) of the Independent Health Facilities Act is amended by striking out "person or is another relative who has the same home as the other person" in the third, fourth and fifth lines and substituting "person, is another relative who has the same home as the other person or is the same-sex partner of the other person".
(2) Section 1 of the Act, as amended by the Statutes of Ontario, 1996, chapter 1, Schedule F, section 19 and 1998, chapter 18, Schedule G, section 60, is further amended by adding the following subsection:
Definitions
(3.1) In subsection (3), "
same-sex partner" means either of two persons of the same sex who live together in a conjugal relationship outside marriage; ("partenaire de mme sexe") "
spouse" means,
(a)a spouse as defined in section 1 of the Family Law Act, or
(b)either of two persons of the opposite sex who live together in a conjugal relationship outside marriage. ("conjoint")
Insurance Act
31. (1) Section 1 of the Insurance Act, as amended by the Statutes of Ontario, 1993, chapter 10, section 2, 1994, chapter 11, section 336, 1996, chapter 21, section 1, 1997, chapter 19, section 10 and 1997, chapter 28, section 64, is further amended by adding the following definitions: "
same-sex partner" means either of two persons of the same sex who live together in a conjugal relationship outside marriage; ("partenaire de mme sexe") "
spouse" means either of a man and a woman who,
(a)are married to each other,
(b)have together entered into a marriage that is voidable or void, in good faith on the part of the person asserting a right under this Act, or
(c)are not married to each other and live together in a conjugal relationship outside marriage. ("conjoint")
(2) Clause 179 (b) of the Act is amended by striking out "spouse" and substituting "spouse or same-sex partner".
(3) Subsection 196 (2) of the Act is amended by striking out "spouse" in the second line and substituting "spouse, same-sex partner".
(4) Subsection 224 (1) of the Act, as amended by the Statutes of Ontario, 1993, chapter 10, section 1 and 1996, chapter 21, section 15, is further amended by adding the following definition: "
same-sex partner" means either of two persons of the same sex who have cohabited continuously for a period of not less than three years, or have cohabited in a relationship of some permanence if they are the natural or adoptive parents of a child. ("partenaire de mme sexe")
(5) Paragraph 1 of subsection 239 (4) of the Act is amended by striking out "spouse" and substituting "spouse or same-sex partner".
(6) Clause 250 (4) (c) of the Act is amended by striking out "spouse" in the fourth line and substituting "spouse or same-sex partner".
(7) The definition of "person insured under the contract" in subsection 265 (2) of the Act is amended by,
(a)striking out "spouse" in the first line of subclause (c) (ii) and substituting "spouse or same-sex partner"\; and
(b)striking out "spouse" in the seventh line, in the ninth line and in the twentieth line of subclause (c) (iii) and substituting in each case "spouse or same-sex partner".
(8) The definition of "uninsured automobile" in subsection 265 (2) of the Act is amended by striking out "spouse" in the ninth line and substituting "spouse or same-sex partner".
(9) Subsection 268 (5) of the Act, as re-enacted by the Statutes of Ontario, 1993, chapter 10, section 26, is amended by striking out "spouse" in the fourth line and substituting "spouse or same-sex partner".
(10) Subsection 268 (5.2) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 10, section 26, is amended by striking out "spouse" in the sixth line and substituting "spouse or same-sex partner".
(11) Clause 305 (b) of the Act is amended by striking out "spouse" and substituting "spouse or same-sex partner".
(12) Subsection 317 (2) of the Act is amended by striking out "spouse" in the third line and substituting "spouse, same-sex partner".
(13) Clause 436 (1) (a) of the Act is amended by,
(a)striking out "spouse" in the second line of subclause (i) and substituting "spouse, same-sex partner"\; and
(b)striking out "spouse" in the first line and in the sixth line of subclause (ii) and substituting in each case "spouse or same-sex partner".
Land Transfer Tax Act
32. (1) Subsection 1 (1) of the Land Transfer Act, as amended by the Statutes of Ontario, 1994, chapter 18, section 4, 1996, chapter 18, section 7, 1996, chapter 29, section 16 and 1997, chapter 10, section 8, is further amended by adding the following definition: "
same-sex partner" means same-sex partner as defined in section 29 of the Family Law Act. ("partenaire de mme sexe")
(2) Clause 5 (2) (g) of the Act is amended by striking out "spouses" in the second line and substituting "spouses or same-sex partners".
(3) The definition of "purchaser" in subsection 9.2 (1) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 18, section 13, is amended by striking out "spouse" in the fifth line and in the seventh line and substituting in each case "spouse or same-sex partner".
(4) Clause 9.2 (3) (b) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 18, section 13, is amended by striking out "spouse" in the first line, in the fourth line and in the fifth line and substituting in each case "spouse or same-sex partner".
Legislative Assembly Act
33. (1) Subsection 67 (3) of the Legislative Assembly Act is amended by striking out "spouse" in the seventh line and substituting "spouse or same-sex partner".
(2) Section 67 of the Act, as amended by the Statutes of Ontario, 1996, chapter 6, section 13, is further amended by adding the following subsection:
Definitions
(3.1) In subsection (3), "
same-sex partner" means either of two persons of the same sex who live together in a conjugal relationship outside marriage; ("partenaire de mme sexe") "
spouse" means,
(a)a spouse as defined in section 1 of the Family Law Act, or
(b)either of two persons of the opposite sex who live together in a conjugal relationship outside marriage. ("conjoint")
Loan and Trust Corporations Act
34. (1) The definition of "restricted party" in section 1 of the Loan and Trust Corporations Act is amended by,
(a)striking out "spouse" in the first line of clause (j) and substituting "spouse, same-sex partner"\;
(b)striking out "spouse" in the third line of clause (k) and substituting "spouse or same-sex partner"\; and
(c)striking out "individual or spouse" in the fourth line of clause (k) and substituting "individual, spouse or same-sex partner".
(2) Section 1 of the Act, as amended by the Statutes of Ontario, 1992, chapter 32, section 19, 1994, chapter 17, section 103, 1996, chapter 2, section 70, 1997, chapter 19, section 13 and 1997, chapter 28, section 149, is further amended by adding the following definition: "
same-sex partner" means the person with whom a person of the same sex is living in a conjugal relationship outside marriage. ("partenaire de mme sexe")
(3) Subsection 2 (10) of the Act is amended by,
(a)striking out "spouse" in the first line of clause (d) and substituting "spouse or same-sex partner"\; and
(b)striking out "spouse" in the second line of clause (e) and substituting "spouse or same-sex partner".
(4) Subsection 89 (3) of the Act is amended by,
(a)striking out "spouse" in the first line of clause (c) and substituting "spouse, same-sex partner"\; and
(b)striking out "spouse" in the third line and in the seventh line of clause (d) and substituting in each case "spouse or same-sex partner".
(5) Subclause 116 (2) (b) (i) of the Act is amended by striking out the portion before sub-subclause (A) and substituting the following:
(i)the person, the person's business partner or a spouse, same-sex partner or child of the person or business partner who has the same home as the person or business partner, as the case may be,
. . . . .
(6) Subsection 141 (2) of the Act, as amended by the Statutes of Ontario, 1997, chapter 19, section 13, is further amended by,
(a)striking out "spouse" in the ninth line and substituting "spouse, same-sex partner"\; and
(b)striking out "or spouse" in the tenth and eleventh lines and substituting "spouse or same-sex partner".
(7) Clause 142 (1) (a) of the Act, as amended by the Statutes of Ontario, 1994, chapter 17, section 109, is further amended by,
(a)striking out "spouse" in the third line and in the sixth line and substituting in each case "spouse or same-sex partner"\; and
(b)striking out "spouse" in the third line of subclause (iii) and substituting "spouse, same-sex partner".
(8) Clause 142 (1) (b) of the Act, as re-enacted by the Statutes of Ontario, 1994, chapter 17, section 109, is amended by striking out "spouse" in the second line and in the fifth line and substituting in each case "spouse or same-sex partner".
(9) Subsection 142 (2) of the Act, as amended by the Statutes of Ontario, 1997, chapter 19, section 13, is further amended by striking out "spouse" in the fifth line and substituting "spouse, same-sex partner".
Local Government Disclosure of Interest Act, 1994
35. (1) Subsection 2 (1) of the Local Government Disclosure of Interest Act, 1994 is amended by adding the following definition: "
same-sex partner" means a same-sex partner as defined in Part III of the Family Law Act. ("partenaire de mme sexe")
(2) Subsection 2 (3) of the Act is amended by,
(a)striking out "spouse" in the first line of clause (b) and substituting "spouse, same-sex partner"\;
(b)striking out "spouse" in the second line of clause (c) and substituting "spouse, same-sex partner"\; and
(c)striking out "spouse" in the second line of clause (d) and substituting "spouse, same-sex partner".
(3) Subsection 4 (3) of the Act is amended by striking out "spouse" in the third line and in the fourth line and substituting in each case "spouse, same-sex partner".
(4) Subsection 4 (4) of the Act is amended by striking out "spouse" in the second line and substituting "spouse, same-sex partner".
(5) Clause 6 (3) (a) of the Act is amended by striking out "spouse" in the third line and substituting "spouse, same-sex partner".
(6) Subsection 6 (5) of the Act is amended by striking out "spouse" in the third line and in the fourth line and substituting in each case "spouse, same-sex partner".
(7) Subsection 6 (6) of the Act is amended by striking out "spouse" in the second line and substituting "spouse, same-sex partner".
Members' Integrity Act, 1994
36. (1) Section 1 of the Members' Integrity Act, 1994 is amended by adding the following definitions: "
household", when used with reference to a person, means,
(a)any individual who belongs to the person's family,
(b)the person's same-sex partner, and
(c)any adult who is related to the person's same-sex partner, shares a residence with the person and is primarily dependent on the person or same-sex partner for financial support; ("mnage") "
same-sex partner" means a person who is the member's same-sex partner within the meaning of Part III of the Family Law Act, but does not include a person from whom the member is separated, whether or not support obligations and property have been dealt with by a separation agreement or court order. ("partenaire de mme sexe")
(2) Subsection 15 (1) of the Act is amended by striking out "family" in the fifth line and substituting "household".
(3) Subsection 20 (2) of the Act is amended by,
(a)striking out "spouse" in the second line of clause (a) and substituting "spouse or same-sex partner"\;
(b)striking out "spouse" in the second line of clause (b) and substituting "spouse or same-sex partner"\; and
(c)striking out "spouse" in the second line of clause (c) and substituting "spouse or same-sex partner".
(4) Subsection 20 (3) of the Act is amended by striking out "spouse" in the third line and substituting "spouse or same-sex partner".
(5) Subsection 20 (4) of the Act is amended by,
(a)striking out "spouse" in the sixth line and substituting "spouse or same-sex partner"\; and
(b)striking out "family" in the eighth line and substituting "household".
(6) Subsection 21 (4) of the Act is amended by,
(a)striking out "family" in the second and third lines of paragraph 3 and substituting "household"\; and
(b)striking out "family" in the third line of paragraph 4 and substituting "household".
(7) Subsection 22 (1) of the Act is amended by striking out "family" in the fifth line and substituting "household".
(8) Subsection 22 (2) of the Act is amended by striking out "family" in the seventh line and substituting "household".
Mental Hospitals Act
37. (1) Section 19 of the Mental Hospitals Act is amended by,
(a)striking out "spouse" in the first line and substituting "spouse or same-sex partner"\; and
(b)striking out "the maintenance of that spouse" in the second and third lines of the English version and substituting "his or her maintenance".
(2) Section 19 of the Act is amended by adding the following subsection:
Definitions
(2) In subsection (1), "
same-sex partner" means either of two persons of the same sex who live together in a conjugal relationship outside marriage; ("partenaire de mme sexe") "
spouse" means,
(a)a spouse as defined in section 1 of the Family Law Act, or
(b)either of two persons of the opposite sex who live together in a conjugal relationship outside marriage. ("conjoint")
Mortgages Act
38. (1) Section 44 of the Mortgages Act, as enacted by the Statutes of Ontario, 1991, chapter 6, section 2 and amended by 1997, chapter 24, section 215, is further amended by adding the following definitions: "
same-sex partner" means a person of the same sex with whom the person is living in a conjugal relationship outside marriage, if the two persons,
(a)have cohabited for at least one year,
(b)are together the parents of a child, or
(c)have together entered into a cohabitation agreement under section 53 of the Family Law Act\; ("partenaire de mme sexe") "
spouse" means a person of the opposite sex,
(a)to whom the person is married, or
(b)with whom the person is living in a conjugal relationship outside marriage, if the two persons,
(i)have cohabited for at least one year,
(ii)are together the parents of a child, or
(iii)have together entered into a cohabitation agreement under section 53 of the Family Law Act. ("conjoint")
(2) Clause 45 (4) (a) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 24, section 215, is amended by,
(a)striking out "spouse" in the fifth line and substituting "spouse, same-sex partner"\;
(b)striking out "spouse's" in the sixth line and substituting "spouse's or same-sex partner's"\; and
(c)striking out "spouse" in the seventh line of the English version and substituting "spouse, same-sex partner".
(3) Subsection 53 (3) of the Act, as enacted by the Statutes of Ontario, 1991, chapter 6, section 4, is amended by striking out "spouse" in the seventh line and in the eighth line and substituting in each case "spouse or same-sex partner".
(4) Subsection 53 (6) of the Act, as enacted by the Statutes of Ontario, 1991, chapter 6, section 4 and amended by 1997, chapter 24, section 215, is further amended by striking out "spouse" in the ninth line and in the tenth line and substituting in each case "spouse or same-sex partner".
MPPs Pension Act, 1996
39. (1) Subsection 1 (1) of the MPPs Pension Act, 1996 is amended by adding the following definition: "
same-sex partner" means either of two persons of the same sex who,
(a)have cohabited continuously for a period of not less than three years, or
(b)have cohabited in a relationship of some permanence, if they are the natural or adoptive parents of a child. ("partenaire de mme sexe")
(2) Subsection 27 (3) of the Act is amended by,
(a)striking out "spouse" in the first line and in the seventh line of paragraph 2 and substituting in each case "spouse or same-sex partner"\; and
(b)striking out "spouse" in the first line and in the fourth line of paragraph 3 and substituting in each case "spouse or same-sex partner".
(3) Subsection 29 (1) of the Act is amended by striking out "a spouse, the spouse" in the second line and substituting "a spouse or same-sex partner, the spouse or same-sex partner".
(4) Subsection 29 (2) of the Act is amended by striking out "spouse" in the first line and substituting "spouse or same-sex partner".
(5) Subsection 29 (3) of the Act is amended by striking out "spouse" in the first line and in the second line and substituting in each case "spouse or same-sex partner".
(6) Subsection 29 (4) of the Act is amended by striking out "spouse" in the first line and substituting "spouse or same-sex partner".
(7) Subsection 29 (5) of the Act is amended by striking out "spouse" in the first line and substituting "spouse, same-sex partner".
Municipal Act
40. (1) Subsection 1 (1) of the Municipal Act, as amended by the Statutes of Ontario, 1996, chapter 32, section 2, 1997, chapter 5, section 40, 1997, chapter 29, section 22, and 1997, chapter 43, Schedule G, section 23, is further amended by adding the following definition: "
same-sex partner" means a person of the same sex with whom the person is living outside marriage in a conjugal relationship, if the two persons,
(a)have cohabited for at least one year,
(b)are together the parents of a child, or
(c)have together entered into a cohabitation agreement under section 53 of the Family Law Act. ("partenaire de mme sexe")
(2) Clause 37 (2) (b) of the Act is amended by striking out "spouse" in the third line and substituting "spouse or same-sex partner".
(3) Subsection 98 (2) of the Act is amended by striking out "spouse" in the fifth line and substituting "spouse or same-sex partner".
(4) Subsection 98 (3) of the Act is amended by striking out "spouse" in the third line and substituting "spouse or same-sex partner".
(5) Section 99 of the Act is amended by striking out "spouses" in the ninth line and substituting "spouses, same-sex partners".
(6) Section 207 of the Act, as amended by the Statutes of Ontario, 1991, chapter 15, section 5, 1996, chapter 1, Schedule M, section 5, 1996, chapter 32, section 49 and 1997, chapter 5, section 49, is further amended by,
(a)striking out "spouses" in the fourth line of subparagraph 48 ii and substituting "spouses, same-sex partners"\; and
(b)striking out "spouses" in the fifth line of subparagraph 48 iii and substituting "spouses, same-sex partners".
(7) Clause (i) of paragraph 131 of section 210 of the Act is amended by,
(a)striking out "spouse" in subclause (ii) of the definition of "occupant" and substituting "spouse or same-sex partner"\; and
(b)striking out "spouse" in the first line of subclause (iii) of the definition of "owner" and substituting "spouse or same-sex partner".
(8) Subclause 330.1 (3) (c) (iii) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 37, section 5, is amended by striking out "spouse" in the first line and substituting "spouse, same-sex partner".
(9) Clause 333 (1) (a) of the Act, as amended by the Statutes of Ontario, 1996, chapter 32, section 56, is further amended by striking out "spouse" in the eighth line and substituting "spouse or same-sex partner".
(10) Subsection 373 (1) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 5, section 55, is amended by striking out "spouses" in the eighth line and substituting "spouses or same-sex partners".
(11) Subclause 400 (1) (d) (iii) of the Act is amended by striking out "spouse" in the first line and substituting "spouse, same-sex partner".
Municipal Conflict of Interest Act
41. (1) Section 1 of the Municipal Conflict of Interest Act, as amended by the Statutes of Ontario, 1997, chapter 25, Schedule E, section 7 and 1997, chapter 31, section 156, is further amended by adding the following definition: "
same-sex partner" means a person of the same sex with whom the person is living in a conjugal relationship outside marriage. ("partenaire de mme sexe")
(2) Section 3 of the Act is amended by striking out "spouse" in the third line and substituting "spouse, same-sex partner".
Municipal Elderly Residents' Assistance Act
42. (1) Section 1 of the Municipal Elderly Residents' Assistance Act is amended by adding the following definition: "
same-sex partner" means a person of the same sex with whom the person is living outside marriage in a conjugal relationship, if the two persons,
(a)have cohabited for at least one year,
(b)are together the parents of a child, or
(c)have together entered into a cohabitation agreement under section 53 of the Family Law Act. ("partenaire de mme sexe")
(2) Subsection 2 (1) of the Act is amended by,
(a)striking out "spouse" in the first line of clause (a) and substituting "spouse or same-sex partner"\;
(b)striking out "spouse" in the first line of clause (b) and substituting "spouse or same-sex partner"\; and
(c)striking out "spouse" in the first line of clause (c) and substituting "spouse or same-sex partner".
(3) Subsection 2 (2) of the Act is amended by striking out "spouse" in the sixth line and substituting "spouse or same-sex partner".
(4) Subsection 2 (3) of the Act is amended by striking out "spouse" in the fourth line and in the sixth line and substituting in each case "spouse or same-sex partner".
Municipal Elections Act, 1996
43. (1) Subclause 17 (2) (a) (ii) of the Municipal Elections Act, 1996 is amended by striking out "spouse" in the second line and substituting "spouse or same-sex partner".
(2) Clause 19 (5) (b) of the Act is amended by striking out "spouse" in the fourth line and substituting "spouse or same-sex partner".
(3) Subsection 44 (3) of the Act is amended by striking out "spouses" in the third line and substituting "spouses, same-sex partners".
(4) Paragraph 4 of subsection 70 (3) of the Act is amended by striking out "spouse" in the second line and substituting "spouse or same-sex partner".
(5) Subsection 70 (5) of the Act is amended by striking out "spouse" in the second line and substituting "spouse or same-sex partner".
(6) Subsection 71 (3) of the Act is amended by striking out "spouse" in the fourth line and substituting "spouse or same-sex partner".
(7) Subsection 75 (1) of the Act is amended by striking out "spouse" in the first line and substituting "spouse or same-sex partner".
(8) Subsection 75 (2) of the Act is amended by striking out "spouse" in the second line and substituting "spouse or same-sex partner".
(9) Subsection 79 (6) of the Act is amended by striking out "spouse" in the second line and in the seventh line and substituting in each case "spouse or same-sex partner".
Municipal Health Services Act
44. (1) Subsection 6 (2) of the Municipal Health Services Act is amended by striking out "spouse" in the second line and substituting "spouse or same-sex partner".
(2) Section 6 of the Act is amended by adding the following subsection:
Definitions
(2.1) In subsection (2), "
same-sex partner" means a person of the same sex with whom the person is living outside marriage in a conjugal relationship, if the two persons,
(a)have cohabited for at least one year,
(b)are together the parents of a child, or
(c)have together entered into a cohabitation agreement under section 53 of the Family Law Act\; ("partenaire de mme sexe") "
spouse" means a person of the opposite sex,
(a)to whom the person is married, or
(b)with whom the person is living outside marriage in a conjugal relationship, if the two persons,
(i)have cohabited for at least one year,
(ii)are together the parents of a child, or
(iii)have together entered into a cohabitation agreement under section 53 of the Family Law Act. ("conjoint")
Northern Services Boards Act
45. (1) Clause 39 (3) (c) of the Northern Services Boards Act, as enacted by the Statutes of Ontario, 1998, chapter 16, section 10, is amended by striking out "spouse" in the third line and substituting "spouse or same-sex partner".
(2) Section 39 of the Act, as enacted by the Statutes of Ontario, 1998, chapter 16, section 10, is amended by adding the following subsection:
Definitions
(3.1) In clause (3) (c), "
same-sex partner" means either of two persons of the same sex who live together in a conjugal relationship outside marriage; ("partenaire de mme sexe") "
spouse" means,
(a)a spouse as defined in section 1 of the Family Law Act, or
(b)either of two persons of the opposite sex who live together in a conjugal relationship outside marriage. ("conjoint")
Nursing Homes Act
46. (1) Subsection 1 (1) of the Nursing Homes Act, as amended by the Statutes of Ontario, 1996, chapter 2, section 74 and 1998, chapter 18, Schedule G, section 66, is further amended by adding the following definitions: "
same-sex partner" means either of two persons of the same sex who live together in a conjugal relationship outside marriage; ("partenaire de mme sexe") "
spouse" means,
(a)a spouse as defined in section 1 of the Family Law Act, or
(b)either of two persons of the opposite sex who live together in a conjugal relationship outside marriage. ("conjoint")
(2) Clause 1 (3) (f) of the Act is amended by striking out "person or is another relative who has the same home as the other person" in the third, fourth and fifth lines and substituting "person, is another relative who has the same home as the other person or is the same-sex partner of the other person".
(3) Paragraph 14 of subsection 2 (2) of the Act is amended by,
(a)striking out "spouse" in the second line and substituting "spouse or same-sex partner"\; and
(b)striking out "spouses" in the fourth line and substituting "spouses or same-sex partners".
Ontario Disability Support Program Act, 1997
47. (1) Subsection 7 (1) of the Ontario Disability Support Program Act, 1997 is amended by striking out "spouse" in the fourth line and substituting "spouse, same-sex partner".
(2) Subsection 7 (3) of the Act is amended by striking out "spouse" in the third line and substituting "spouse, same-sex partner".
(3) Subsection 14 (3) of the Act is amended by striking out "spouse" in the second line and substituting "spouse or same-sex partner".
(4) Subsection 16 (4) of the Act is amended by striking out "spouse" in the first line and in the third line and substituting in each case "spouse or same-sex partner".
(5) Subsection 16 (5) of the Act is amended by striking out "spouse" in the second line and in the fourth line and substituting in each case "spouse or same-sex partner".
(6) Subsection 23 (5) of the Act is amended by striking out "spouse" in the third line and in the fourth line and substituting in each case "spouse or same-sex partner".
(7) Subsection 23 (6) of the Act is amended by striking out "spouse" in the first line and substituting "spouse or same-sex partner".
(8) Subsection 56 (1) of the Act is amended by,
(a)striking out "spouse" in the third line of paragraph 1 and substituting "spouse, same-sex partner"\; and
(b)striking out "spouse" in the second line of paragraph 4 and substituting "spouse, same-sex partner ".
Ontario Energy Board Act, 1998
48. (1) Clause (d) of the definition of "associate" in section 3 of the Ontario Energy Board Act, 1998 is repealed and the following substituted:
(d)the person's spouse or same-sex partner, both as defined in the Business Corporations Act, or any relative of the person, where the spouse, same-sex partner or relative has the same home as the person, or
. . . . .
(2) Clause (e) of the definition of "associate" in section 3 of the Act is amended by striking out "spouse, as defined in the Business Corporations Act, of the person where" in the first, second and third lines and substituting "spouse or same-sex partner referred to in clause (d), where".
Ontario Municipal Employees Retirement System Act
49. (1) Subsection 1 (1) of the Ontario Municipal Employees Retirement System Act, as amended by the Statutes of Ontario, 1991, chapter 54, section 1, 1997, chapter 26, Schedule and 1998, chapter 15, Schedule D, section 1, is further amended by adding the following definition: "
same-sex partner" has the same meaning as in the Pension Benefits Act. ("partenaire de mme sexe")
(2) The definition of "supplementary benefit" in subsection 1 (1) of the Act is amended by striking out "widow, widower" in the third line and substituting "widow, widower, surviving same-sex partner".
(3) Subsection 1 (1) of the Act, as amended by the Statutes of Ontario, 1991, chapter 54, section 1, 1997, chapter 26, Schedule and 1998, chapter 15, Schedule D, section 1, is further amended by adding the following definition: "
surviving same-sex partner" means the person who was the same-sex partner of a member immediately before the member's death. ("partenaire de mme sexe survivant")
(4) Subsection 5 (1) of the Act is amended by striking out "widows, widowers" in the fourth line and substituting "widows, widowers, surviving same-sex partners".
(5) Section 14 of the Act, as amended by the Statutes of Ontario, 1991, chapter 54, section 6 and 1998, chapter 15, Schedule D, section 4, is further amended by,
(a)striking out "widow, widower" in the first line of subclause (h) (iii) and substituting "widow, widower, surviving same-sex partner"\; and
(b)striking out "widows, widowers" in the fourth line of clause (l) and substituting "widows, widowers, surviving same-sex partners".
Ontario Works Act, 1997
50. (1) Subsection 12 (1) of the Ontario Works Act, 1997 is amended by striking out "spouse" in the fourth line and substituting "spouse, same-sex partner".
(2) Subsection 19 (3) of the Act is amended by striking out "spouse" in the second line and substituting "spouse or same-sex partner".
(3) Subsection 21 (4) of the Act is amended by striking out "spouse" in the first line and in the fourth line and substituting in each case "spouse or same-sex partner".
(4) Subsection 21 (5) of the Act is amended by striking out "spouse" in the second line and in the fourth line and substituting in each case "spouse or same-sex partner".
(5) Subsection 28 (6) of the Act is amended by striking out "spouse" in the third line and in the fourth line and substituting in each case "spouse or same-sex partner".
(6) Subsection 28 (7) of the Act is amended by striking out "spouse" in the first line and substituting "spouse or same-sex partner".
(7) Subsection 75 (1) of the Act is amended by,
(a)striking out "spouse" in the third line of paragraph 1 and substituting "spouse, same-sex partner"\; and
(b)striking out "spouse" in the second line of paragraph 4 and substituting "spouse, same-sex partner ".
Ontario Youth Employment Act
51. (1) Clause 4 (2) (b) of the Ontario Youth Employment Act is repealed and the following substituted:
(b)any person to whom the employee is married or any person of the opposite sex or the same sex with whom the employee is living in a conjugal relationship outside marriage.
(2) Clause 4 (2) (c) of the Act is amended by striking out "a relative mentioned in clauses (a) and (b)" in the third and fourth lines and substituting "an individual mentioned in clauses (a) and (b)".
Partnerships Act
52. Subclause (c) (ii) of paragraph 3 of section 3 of the Partnerships Act is amended by inserting "or the same sex" after "of the opposite sex" in the second line.
Pension Benefits Act
53. (1) The definition of "joint and survivor pension" in section 1 of the Pension Benefits Act is amended by striking out "spouse" in the fourth line and substituting "spouse or same-sex partner".
(2) Section 1 of the Act, as amended by the Statutes of Ontario, 1997, chapter 28, section 190, is further amended by adding the following definition: "
same-sex partner" means either of two persons of the same sex who are living together in a conjugal relationship,
(a)continuously for a period of not less than three years, or
(b)in a relationship of some permanence, if they are the natural or adoptive parents of a child, both as defined in the Family Law Act. ("partenaire de mme sexe")
(3) Clause 29 (1) (c) of the Act is amended by striking out "spouse" in the first line and substituting "spouse or same-sex partner".
(4) Subsection 29 (5) of the Act is amended by striking out "spouse" in the second line and substituting "spouse or same-sex partner".
(5) Subsection 44 (1) of the Act is amended by striking out "spouse" in the third line and substituting "spouse or same-sex partner".
(6) Subsection 44 (3) of the Act is amended by striking out "spouse" in the third line and in the sixth line and substituting in each case "spouse or same-sex partner".
(7) Clause 44 (4) (b) of the Act is amended by striking out "spouse" in the third line and substituting "spouse or same-sex partner".
(8) Clause 44 (5) (c) of the Act is amended by striking out "spouse" in the second line and substituting "spouse or same-sex partner".
(9) Section 47 of the Act is amended by,
(a)striking out "spouse" in the first line and substituting "spouse or same-sex partner"\; and
(b)striking out "remarriage" in the fifth line and substituting "becoming the spouse or same-sex partner of another person".
(10) Subsection 48 (1) of the Act is amended by striking out "spouse" in the seventh line and substituting "spouse or same-sex partner".
(11) Subsection 48 (2) of the Act is amended by striking out "spouse" in the sixth line and substituting "spouse or same-sex partner".
(12) Subsection 48 (3) of the Act is amended by striking out "spouse" in the third line and substituting "spouse or same-sex partner".
(13) Subsection 48 (4) of the Act is amended by striking out "spouse" in the first line, in the fifth line and in the sixth line and substituting in each case "spouse or same-sex partner".
(14) Subsection 48 (6) of the Act is amended by,
(a)striking out "spouse" in the second line of clause (a) and substituting "spouse or same-sex partner"\; and
(b)striking out "spouse" in the third line of clause (b) and substituting "spouse or same-sex partner".
(15) Subsection 48 (7) of the Act is amended by,
(a)striking out "spouse" in the first line of clause (a) and substituting "spouse or same-sex partner"\; and
(b)striking out "spouse" in the second line of clause (b) and substituting "spouse or same-sex partner".
(16) Subsection 48 (14) of the Act, as amended by the Statutes of Ontario, 1997, chapter 28, section 198, is further amended by,
(a)striking out "spouse" in the first line and substituting "spouse or same-sex partner"\;
(b)striking out "spouse's" in the second line and substituting "spouse's or same-sex partner's"\; and
(c)striking out "spouse" in the sixth line and substituting "spouse or same-sex partner".
(17) Subsection 51 (2) of the Act is amended by striking out "spouses" in the ninth line and substituting "spouses or same-sex partners".
(18) Subsection 51 (3) of the Act is amended by striking out "spouses" in the second line and substituting "spouses or same-sex partners".
(19) Subsection 51 (5) of the Act is amended by,
(a)striking out "spouse" in the first line and substituting "spouse or same-sex partner"\; and
(b)striking out "spouse's" in the seventh line and substituting "spouse's or same-sex partner's".
(20) Paragraph 6 of subsection 84 (1) of the Act is amended by striking out "spouse" in the third line and substituting "spouse or same-sex partner".
Perpetuities Act
54. (1) Subsection 9 (1) of the Perpetuities Act is amended by striking out "spouse" in the second line, in the eighth line, in the twelfth line and in the fifteenth line and substituting in each case "spouse or same-sex partner".
(2) Subsection 9 (2) of the Act is amended by adding the following definition: "
same-sex partner" means a person of the same sex with whom the person is living in a conjugal relationship outside marriage, if the two persons,
(a)have cohabited for at least a year,
(b)are together the parents of a child, or
(c)have together entered into a cohabitation agreement under section 53 of the Family Law Act. ("partenaire de mme sexe")
Police Services Act
55. (1) Section 2 of the Police Services Act, as amended by the Statutes of Ontario, 1997, chapter 8, section 1, is further amended by adding the following definitions: "
same-sex partner" means either of two persons of the same sex who live together in a conjugal relationship outside marriage; ("partenaire de mme sexe") "
spouse" means,
(a)a spouse as defined in section 1 of the Family Law Act, or
(b)either of two persons of the opposite sex who live together in a conjugal relationship outside marriage. ("conjoint")
(2) Section 16 of the Act is amended by striking out "spouses" in the third line and substituting "spouses, same-sex partners".
(3) Section 20 of the Act is amended by striking out "spouses" in the fifth line and substituting "spouses, same-sex partners".
Public Libraries Act
56. (1) Subsection 22 (2) of the Public Libraries Act is amended by striking out "spouses" in the third line and substituting "spouses, same-sex partners".
(2) Section 22 of the Act is amended by adding the following subsection:
Definitions
(4) In subsection (2), "
same-sex partner" means either of two persons of the same sex who live together in a conjugal relationship outside marriage; ("partenaire de mme sexe") "
spouse" means,
(a)a spouse as defined in section 1 of the Family Law Act, or
(b)either of two persons of the opposite sex who live together in a conjugal relationship outside marriage. ("conjoint")
Public Service Pension Act
57. (1) Clause 14 (1) (c) of the Public Service Pension Act is amended by striking out "spouse" in the first line and substituting "spouse or same-sex partner".
(2) Subsection 14 (2) of the Act is amended by,
(a)striking out "spouse" in the third line of clause (a) and substituting "spouse or same-sex partner"\; and
(b)striking out "spouse" in the second line of clause (b) and substituting "spouse or same-sex partner".
(3) Subsection 14 (4) of the Act is amended by striking out "spouse" in the tenth line and substituting "spouse or same-sex partner".
(4) Subsection 14 (6) of the Act is amended by striking out "spouse" in the fourth line, in the nineteenth line and in the twentieth line and substituting in each case "spouse or same-sex partner".
(5) Section 14 of the Act is amended by adding the following subsections:
Definitions
(7) Subject to subsection (8), in this section, "
same-sex partner" and "spouse" have the same meaning as in the Pension Benefits Act.
Same
(8) In clause (1) (b),
``spouse" means a person who, if predeceased by the contributor, would be a widow or widower within the meaning of the Public Service Superannuation Act.
Regional Municipality of Ottawa-Carleton Act
58. Subsection 9 (2) of the Regional Municipality of Ottawa-Carleton Act is amended by striking out ``spouse" in the fifth line and substituting ``spouse or same-sex partner".
Retail Sales Tax Act
59. (1) Clause 4.2 (4) (e) of the Retail Sales Tax Act, as enacted by the Statutes of Ontario, 1993, chapter 12, section 5, is amended by,
(a)striking out ``spouse or former spouse" in the first and second lines and substituting ``spouse or same-sex partner or former spouse or same-sex partner"\;
(b)striking out ``marriage" in the fourth line and substituting ``conjugal relationship"\; and
(c)striking out ``spouse or former spouse" in the fifth line and substituting ``spouse or same-sex partner or former spouse or same-sex partner".
(2) Section 4.2 of the Act, as enacted by the Statutes of Ontario, 1993, chapter 12, section 5 and amended by 1994, chapter 13, section 6 and 1996, chapter 29, section 25, is further amended by adding the following subsection:
Definitions
(10) In this section,
``same-sex partner" has the meaning given to that expression by section 29 of the Family Law Act\; (``partenaire de mme sexe")
``spouse" has the meaning given to that expression by section 29 of the Family Law Act. (``conjoint")
(3) Subsection 8 (1) of the Act is amended by striking out ``by bequest or from a member of his or her family" in the second and third lines and substituting ``by bequest, from a member of his or her family or from his or her same-sex partner".
(4) Subsection 8 (3) of the Act is amended by,
(a)striking out ``spouse or former spouse" in the fourth line and substituting ``spouse or same-sex partner or former spouse or same-sex partner"\;
(b)striking out ``marriage" in the sixth line and substituting ``conjugal relationship"\; and
(c)striking out ``spouse or former spouse" in the seventh line and substituting ``spouse or same-sex partner or former spouse or same-sex partner".
(5) Subsection 8 (4) of the Act is amended by adding the following definition:
``same-sex partner" has the meaning given to that expression by section 29 of the Family Law Act. (``partenaire de mme sexe")
Securities Act
60. (1) Clause (e) of the definition of ``associate" in subsection 1 (1) of the Securities Act, as re-enacted by the Statutes of Ontario, 1994, chapter 11, section 350, is repealed and the following substituted:
(e)any person who resides in the same home as that person and to whom that person is married, or any person of the opposite sex or the same sex who resides in the same home as that person and with whom that person is living in a conjugal relationship outside marriage, or
. . . . .
(2) Sub-subparagraph 21 ii D of subsection 35 (1) of the Act is repealed and the following substituted:
D.a person to whom the person mentioned in sub-subparagraph B is married or a person of the opposite sex or the same sex with whom the person is living in a conjugal relationship outside marriage.
(3) Sub-subclause 72 (1) (p) (ii) (D) of the Act is repealed and the following substituted:
(D)a person to whom the person mentioned in sub-subclause (B) is married or a person of the opposite sex or the same sex with whom the person is living in a conjugal relationship outside marriage.
Succession Law Reform Act
61. (1) Clause (a) of the definition of ``dependant" in section 57 of the Succession Law Reform Act is amended by striking out ``spouse" and substituting ``spouse or same-sex partner".
(2) Section 57 of the Act is amended by adding the following definition:
``same-sex partner" means either of two persons of the same sex who have cohabited,
(a)continuously for a period of not less than three years, or
(b)in a relationship of some permanence, if they are the natural or adoptive parents of a child. (``partenaire de mme sexe")
(3) Clause 62 (1) (r) of the Act is amended by,
(a)striking out ``spouse" in the first line and substituting ``spouse or same-sex partner"\;
(b)striking out ``spouse" in the first line of subclause (i) and substituting ``spouse or same-sex partner"\;
(c)striking out ``spouses" in the first line of subclause (ii) and substituting ``spouses or same-sex partners"\;
(d)striking out ``spouse's" in the first line of subclause (iii) and substituting ``spouse's or same-sex partner's"\;
(e)striking out ``spouse" in the first line of subclause (iv) and substituting ``spouse or same-sex partner"\;
(f)striking out ``spouse" in the first line of subclause (v) and substituting ``spouse or same-sex partner"\; and
(g)striking out ``any" in the first line of subclause (vi) and substituting ``in the case of a spouse, any".
(4) Clause 62 (1) (r) of the Act is amended by adding the following subclause:
(vi.1)in the case of a same-sex partner, any housekeeping, child care or other domestic service performed by the same-sex partner for the deceased or the deceased's family, as if the same-sex partner had devoted the time spent in performing that service in remunerative employment and had contributed the earnings to the support of the deceased or the deceased's family.
(5) Clause 62 (1) (r) of the Act is amended by,
(a)striking out ``spouse's" in the first line of subclause (vii) and substituting ``spouse's or same-sex partner's"\; and
(b)striking out ``spouse" in the first line of subclause (viii) and substituting ``spouse or same-sex partner".
(6) Clause 63 (2) (g) of the Act is amended by striking out ``spouse" in the third line and substituting ``spouse, same-sex partner".
Tenant Protection Act, 1997
62. (1) Subsection 1 (1) of the Tenant Protection Act, 1997 is amended by adding the following definitions:
``same-sex partner" means a person of the same sex with whom the person is living in a conjugal relationship outside marriage, if the two persons,
(a)have cohabited for at least one year,
(b)are together the parents of a child, or
(c)have together entered into a cohabitation agreement under section 53 of the Family Law Act\; (``partenaire de mme sexe")
``spouse" means a person of the opposite sex,
(a)to whom the person is married, or
(b)with whom the person is living in a conjugal relationship outside marriage, if the two persons,
(i)have cohabited for at least one year,
(ii)are together the parents of a child, or
(iii)have together entered into a cohabitation agreement under section 53 of the Family Law Act. (``conjoint")
(2) Clause 3 (i) of the Act is amended by,
(a)striking out ``spouse" in the fourth line and substituting ``spouse, same-sex partner"\;
(b)striking out ``spouse's" in the fifth line and substituting ``spouse's or same-sex partner's"\; and
(c)striking out ``spouse" in the sixth line of the English version and substituting ``spouse, same-sex partner".
(3) Subsection 32 (1) of the Act is amended by,
(a)striking out ``spouse" in the seventh line of paragraph 8 and substituting ``spouse or same-sex partner"\; and
(b)striking out ``spouse" in the seventh line of paragraph 9 and substituting ``spouse or same-sex partner".
(4) Subsection 51 (1) of the Act is amended by striking out ``spouse" in the fifth line and substituting ``spouse or same-sex partner".
(5) Clause 52 (1) (b) of the Act is amended by striking out ``spouse" in the fifth line and substituting ``spouse or same-sex partner".
(6) Clause 70 (2) (b) of the Act is amended by striking out ``spouse" in the first line and in the third line and substituting in each case ``spouse or same-sex partner".
Toronto Hospital Act, 1997
63. (1) Subsection 5 (8) of the Toronto Hospital Act, 1997 is amended by striking out ``sister or spouse" in the third line and substituting ``sister, spouse or same-sex partner".
(2) Section 5 of the Act is amended by adding the following subsection:
Definitions
(8.1) In subsection (8),
``same-sex partner" means either of two persons of the same sex who live together in a conjugal relationship outside marriage; (``partenaire de mme sexe")
``spouse" means,
(a)a spouse as defined in section 1 of the Family Law Act, or
(b)either of two persons of the opposite sex who live together in a conjugal relationship outside marriage. (``conjoint")
Toronto Islands Residential Community Stewardship Act, 1993
64. (1) Section 1 of the Toronto Islands Residential Community Stewardship Act, 1993, as amended by the Statutes of Ontario, 1996, chapter 15, section 1, is further amended by adding the following definition:
``same-sex partner" means a same-sex partner as defined in section 29 of the Family Law Act. (``partenaire de mme sexe")
(2) Section 20 of the Act, as amended by the Statutes of Ontario, 1996, chapter 15, section 14, is further amended by,
(a)striking out ``spouse" in the fourth line of paragraph 6 and substituting ``spouse, same-sex partner"\; and
(b)striking out ``spouse" in the third line of paragraph 7 and substituting ``spouse, same-sex partner".
(3) Subsection 21 (2) the Act is amended by striking out ``spouse" in the second line and substituting ``spouse or same-sex partner".
(4) Subsection 21 (3) the Act is amended by striking out ``spouse" in the second line and substituting ``spouse or same-sex partner".
(5) Subsection 27 (4) the Act is amended by striking out ``spouse" in the third line and substituting ``spouse or same-sex partner".
Victims' Bill of Rights, 1995
65. (1) Clause (b) of the definition of ``victim" in section 1 of the Victims' Bill of Rights, 1995 is repealed and the following substituted:
(b)a dependant, spouse or same-sex partner of the person, all within the meaning of section 29 of the Family Law Act,
. . . . .
(2) The definition of ``victim" in section 1 of the Act is amended by striking out ``dependant or spouse" in the thirteenth and fourteenth lines and substituting ``dependant, spouse or same-sex partner".
(3) Paragraph 1 of subsection 3 (2) of the Act is amended by striking out ``spouse, within the meaning of section 29 of the Family Law Act" in the second and third lines and substituting ``spouse or same-sex partner, both within the meaning of section 29 of the Family Law Act".
Victims' Right to Proceeds of Crime Act, 1994
66. (1) Clause (c) of the definition of ``related person" in subsection 1 (1) of the Victims' Right to Proceeds of Crime Act, 1994 is amended by striking out ``spouse or former spouse" in the first line and substituting ``spouse or same-sex partner or former spouse or same-sex partner".
(2) Subsection 1 (1) of the Act is amended by adding the following definitions:
``same-sex partner" means either of two persons of the same sex who live together in a conjugal relationship outside marriage; (``partenaire de mme sexe")
``spouse" means,
(a)a spouse as defined in section 1 of the Family Law Act, or
(b)either of two persons of the opposite sex who live together in a conjugal relationship outside marriage. (``conjoint")
Workplace Safety and Insurance Act, 1997
67. (1) Paragraph 3 of section 1 of the Workplace Safety and Insurance Act, 1997 is amended by striking out ``spouses" in the second line and substituting ``spouses and same-sex partners".
(2) The French version of paragraph 1 of the definition of ``personnes charge" in subsection 2 (1) of the Act is amended by striking out ``le conjoint du pre ou de la mre" in the first and second lines and substituting ``le beau-pre ou la belle-mre".
(3) Subsection 2 (1) of the Act is amended by adding the following definitions:
``same-sex partner" means a person of the same sex with whom the person is living in a conjugal relationship outside marriage, if the two persons,
(a)have cohabited for at least one year,
(b)are together the parents of a child, or
(c)have together entered into a cohabitation agreement under section 53 of the Family Law Act\; (``partenaire de mme sexe")
``spouse" means a person of the opposite sex,
(a)to whom the person is married, or
(b)with whom the person is living in a conjugal relationship outside marriage, if the two persons,
(i)have cohabited for at least one year,
(ii)are together the parents of a child, or
(iii)have together entered into a cohabitation agreement under section 53 of the Family Law Act. (``conjoint")
(4) The definition of ``survivor" in subsection 2 (1) of the Act is amended by striking out ``spouse" in the first line and substituting ``spouse, same-sex partner".
(5) The definition of ``contributions for employment benefits" in subsection 25 (7) of the Act is amended by striking out ``spouse" in the fourth line and substituting ``spouse, same-sex partner".
(6) Subsection 26 (2) of the Act is amended by striking out ``spouse" in the fourth line and substituting ``spouse, same-sex partner".
(7) Subsection 27 (2) of the Act is amended by striking out ``spouse" in the third line and substituting ``spouse, same-sex partner".
(8) Clause 30 (8) (b) of the Act is amended by striking out ``spouse" in the second line and substituting ``spouse or same-sex partner".
(9) Clause 45 (11) (e) of the Act is amended by striking out ``spouse" in the first line and substituting ``spouse, same-sex partner".
(10) Subsection 48 (2) of the Act is amended by,
(a)striking out ``spouse" in the first line and substituting ``spouse or same-sex partner"\;
(b)striking out ``spouse's" in the second line of clause (a) and substituting ``spouse's or same-sex partner's"\; and
(c)striking out ``spouse's" in the second line of clause (b) and substituting ``spouse's or same-sex partner's".
(11) Subsection 48 (3) of the Act is amended by,
(a)striking out ``spouse but no children, the spouse" in the second line and substituting ``spouse or same-sex partner who was cohabiting with the worker at the time of the worker's death, but no children, the spouse or same-sex partner"\;
(b)striking out ``spouse's" in the third line of clause (a) and substituting ``spouse's or same-sex partner's"\; and
(c)striking out ``spouse's" in the third line of clause (b) and substituting ``spouse's or same-sex partner's".
(12) Subsection 48 (4) of the Act is amended by striking out ``spouse" in both places where it appears in the second line and substituting in each case ``spouse or same-sex partner".
(13) Subsection 48 (5) of the Act is amended by,
(a)striking out ``spouse and" in the second line and substituting ``spouse or same-sex partner and the"\; and
(b)striking out ``spouse" in the fifth line and in the ninth line and substituting in each case ``spouse or same-sex partner".
(14) Subsection 48 (6) of the Act is amended by striking out ``spouse" in the first line and substituting ``spouse or same-sex partner".
(15) Subsection 48 (7) of the Act is amended by striking out ``spouse" in the fifth line, in the seventh line, in the tenth line and in the eleventh line and substituting in each case ``spouse or same-sex partner".
(16) Subsection 48 (8) of the Act is amended by,
(a)striking out ``spouse" in the second line and substituting ``spouse or same-sex partner"\;
(b)striking out ``spouses" in the second line of paragraph 1 and substituting ``spouses or same-sex partners"\;
(c)striking out ``spouses" in the second line of paragraph 2 and substituting ``spouses or same-sex partners"\;
(d)striking out ``spouses" in the second line of paragraph 3 and substituting ``spouses or same-sex partners"\;
(e)striking out ``spouse" in the third line of subparagraph 3 i and substituting ``spouse or same-sex partner"\; and
(f)striking out ``spouse" in the second line of subparagraph 3 ii and substituting ``spouse or same-sex partner".
(17) Subsection 48 (9) of the Act is amended by striking out ``spouse" in the second line and substituting ``spouse or same-sex partner".
(18) Subsection 48 (11) of the Act is amended by striking out ``spouse" in the first line and substituting ``spouse or same-sex partner".
(19) Subsection 48 (12) of the Act is amended by striking out ``spouse or the" in the second line and substituting ``spouse, same-sex partner or".
(20) Subsection 48 (13) of the Act is amended by striking out ``spouse" in the first line and substituting ``spouse or same-sex partner".
(21) Subsection 48 (14) of the Act is amended by striking out ``spouse or if the spouse" in the first line and substituting ``spouse or same-sex partner or if the spouse or same-sex partner".
(22) Subsection 48 (15) of the Act is amended by striking out ``spouse or if the spouse" in the first line and substituting ``spouse or same-sex partner or if the spouse or same-sex partner".
(23) Subsection 48 (19) of the Act is amended by striking out ``spouse and" in the second line and substituting ``spouse or same-sex partner and the".
(24) Subsection 48 (20) of the Act is amended by,
(a)striking out ``spouse" in the fifth line and substituting ``spouse or same-sex partner"\; and
(b)striking out ``spouse" in the third line of paragraph 1 and substituting ``spouse or same-sex partner".
(25) Subsection 48 (21) of the Act is amended by striking out ``spouse" in the first line and substituting ``spouse, same-sex partner".
(26) Subsection 60 (2) of the Act is amended by striking out ``spouse" in the fifth line and substituting ``spouse, same-sex partner".
(27) Subsection 60 (4) of the Act is amended by striking out ``spouse" in the fourth line and substituting ``spouse or same-sex partner".
(28) Subsection 65 (1) of the Act is amended by striking out ``spouse (as defined in Part III of the Family Law Act)" in the third and fourth lines and substituting ``spouse (as defined in Part III of the Family Law Act), same-sex partner (as defined in Part III of the Family Law Act)".
(29) The Act is amended by adding the following sections:
Definitions
103.1 (1) The definition of ``contributions for employment benefits" in subsection 1 (1) of the pre-1997 Act shall be deemed to be amended by striking out ``spouse" in the fifth line and substituting ``spouse, same-sex partner".
Same
(2) The definition of ``dependants" in subsection 1 (1) of the pre-1997 Act shall be deemed to be repealed and the following substituted: "
dependants" means,
(a)such of the members of the family of a worker as were wholly or partly dependent upon the worker's earnings at the time of his or her death or who but for the incapacity due to the accident would have been so dependent, and
(b)the same-sex partner of a worker, if the same-sex partner was wholly or partly dependent upon the worker's earnings at the time of his or her death or who but for the incapacity due to the accident would have been so dependent. ("personnes charge")
(3) Subsection 1 (1) of the pre-1997 Act shall be deemed to be amended by adding the following definition:
``same-sex partner" means either of two persons of the same sex who, at the time of death of the one who was the worker, were cohabiting, and,
(a)had cohabited for at least one year,
(b)were together the parents of a child, or
(c)had together entered into a cohabitation agreement under section 53 of the Family Law Act. (``partenaire de mme sexe")
Election
103.2 (1) Subsection 10 (8) of the pre-1997 Act shall be deemed to be amended by striking out "spouse" in the fifth line and substituting "spouse or same-sex partner".
Same
(2) Subsection 10 (17) of the pre-1997 Act shall be deemed to be amended by,
(a)striking out "spouse" in the third line and in the fourth line and substituting in each case "spouse, same-sex partner"\;
(b)striking out "spouse" in the first line of clause (a) and substituting "spouse, same-sex partner"\; and
(c)striking out "spouse" in the second line of clause (b) and substituting "spouse, same-sex partner".
Same
(3) Subsection 10 (18) of the pre-1997 Act shall be deemed to be amended by striking out "spouse" in the first line and substituting "spouse, same-sex partner".
Provisions of Act in lieu of rights of action
103.3 Section 16 of the pre-1997 Act shall be deemed to be amended by striking out "a worker or the members of his or her family" in the third and fourth lines and substituting "a worker, the members of his or her family or the worker's same-sex partner".
(30) Section 104 of the Act is amended by adding the following subsection:
Death benefits
(0.1) Subsection 35 (1) of the pre-1997 Act shall be deemed to be amended by,
(a)striking out "spouse" in the second line and substituting "spouse or same-sex partner"\; and
(b)striking out "spouse" in the fourth line, in the seventh line and in the ninth line of clause (a) and substituting in each case "spouse or same-sex partner".
(31) Subsection 35 (2) of the pre-1997 Act, as set out in subsection 104 (2) of the Act, is amended by striking out "spouse" in the second line and substituting "spouse or same-sex partner".
(32) Subsection 35 (3) of the pre-1997 Act, as set out in subsection 104 (2) of the Act, is amended by striking out "spouse" in the second line and in the eighth line and substituting in each case "spouse or same-sex partner".
(33) Subsection 35 (3.1) of the pre-1997 Act, as set out in subsection 104 (2) of the Act, is amended by striking out "spouse" in the fourth line and substituting "spouse or same-sex partner".
(34) Subsection 35 (3.2) of the pre-1997 Act, as set out in subsection 104 (2) of the Act, is amended by striking out "spouse" in the first line and substituting "spouse or same-sex partner".
(35) Subsection 35 (3.3) of the pre-1997 Act, as set out in subsection 104 (2) of the Act, is amended by striking out "spouse" in the first line and substituting "spouse or same-sex partner".
(36) Subsection 35 (3.4) of the pre-1997 Act, as set out in subsection 104 (2) of the Act, is amended by,
(a)striking out "spouse" in the first line and substituting "spouse or same-sex partner"\; and
(b)striking out "spouse or the" in the third line and substituting "spouse, same-sex partner or".
(37) Section 104 of the Act is amended by adding the following subsections:
Death benefits
(3) Subsection 35 (4) of the pre-1997 Act shall be deemed to be amended by striking out "spouse" in the second line and in the sixth line and substituting in each case "spouse or same-sex partner".
Same
(4) Subsection 35 (5) of the pre-1997 Act shall be deemed to be amended by striking out "spouse" in the second line, in the third line, in the seventh line, in the eleventh line and in the thirteenth line and substituting in each case "spouse or same-sex partner".
Same
(5) Subsection 35 (6) of the pre-1997 Act shall be deemed to be amended by striking out "spouse" in the first line and in the second line and substituting in each case "spouse or same-sex partner".
Same
(6) Subsection 35 (7) of the pre-1997 Act shall be deemed to be amended by striking out "spouse" in the second line and substituting "spouse or same-sex partner".
Same
(7) Subsection 35 (8) of the pre-1997 Act shall be deemed to be amended by striking out "spouse" in the second line and substituting "spouse or same-sex partner".
Same
(8) Subsection 35 (10) of the pre-1997 Act shall be deemed to be amended by striking out "spouse" in the fourth line and substituting "spouse or same-sex partner".
Same
(9) Subsection 35 (11) of the pre-1997 Act shall be deemed to be amended by striking out "spouse" in the seventh line and substituting "spouse or same-sex partner".
Same
(10) Subsection 35 (13) of the pre-1997 Act shall be deemed to be amended by striking out "spouse" in the ninth line and substituting "spouse or same-sex partner".
Same
(11) Subsection 35 (16) of the pre-1997 Act shall be deemed to be amended by striking out "spouse" in the first line and in the fifth line and substituting in each case "spouse or same-sex partner".
Same
(12) Subsection 35 (17) of the pre-1997 Act shall be deemed to be amended by striking out "spouse" in the third line and substituting "spouse or same-sex partner".
(38) The Act is amended by adding the following section:
Minimum compensation
105.1 (1) Subsection 39 (3) of the pre-1997 Act shall be deemed to be amended by striking out "spouse" in the second line and substituting "spouse or same-sex partner".
Same
(2) Subsection 39 (4) of the pre-1997 Act shall be deemed to be amended by striking out "spouse" in the second line and substituting "spouse or same-sex partner".
(39) The Act is amended by adding the following sections:
Benefits for loss of retirement income
107.1 (1) Subsection 44 (2) of the pre-1997 Act shall be deemed to be amended by striking out "spouse" in the first line and substituting "spouse, same-sex partner".
Same
(2) Subsection 44 (4) of the pre-1997 Act shall be deemed to be amended by striking out "spouse" in the third line and substituting "spouse or same-sex partner".
Same
(3) Subsection 44 (5) of the pre-1997 Act shall be deemed to be amended by striking out "spouse" in the first line and substituting "spouse or same-sex partner".
Garnishment for support
107.2 Subsection 48 (1) of the pre-1997 Act shall be deemed to be amended by striking out "spouse (as defined in Part III of the Family Law Act)" in the third and fourth lines and substituting "spouse or same-sex partner (both as defined in Part III of the Family Law Act)".
Payments in case of minor, etc.
107.3 Section 49 of the pre-1997 Act shall be deemed to be amended by striking out "spouse" in the seventh line and substituting "spouse, same-sex partner".
(40) The Act is amended by adding the following sections:
Regulations
108.1 Clause 63 (2) (g) of the pre-1997 Act shall be deemed to be amended by striking out "their spouses" in the second line and substituting "their spouses, their same-sex partners".
Jurisdiction of board
108.2 Clause 69 (2) (m) of the pre-1997 Act shall be deemed to be amended by striking out "spouse" and substituting "spouse, same-sex partner".
Mediation
108.3 Paragraph 1 of subsection 72.1 (1) of the pre-1997 Act shall be deemed to be amended by striking out "spouse" in the first line and substituting "spouse or same-sex partner".
Specific powers of board re hearings, etc.
108.4 Clause 74 (c) of the pre-1997 Act shall be deemed to be amended by striking out "spouse" in the first line and substituting "spouse, same-sex partner".
Medical practitioners
108.5 Clause 87 (3) (b) of the pre-1997 Act shall be deemed to be amended by striking out "the worker or a member of the family of the worker" in the first and second lines and substituting "the worker, a member of the family of the worker or the same-sex partner of the worker".
(41) Paragraph 10 of subsection 118 (2) of the Act is amended by striking out "spouse" in the first line and substituting "spouse, same-sex partner".
(42) Clause 159 (2) (h) of the Act is amended by striking out "spouse" in the fifth line and substituting "spouse or same-sex partner".
Commencement and Short Title
Commencement
68. (1) Subject to subsections (2) and (3), this Act comes into force on a day to be named by proclamation of the Lieutenant Governor.
Same
(2) Sections 25 (Family Law Act amendments) and 69 (Short title) come into force on November 20, 1999.
Same
(3) Every provision of this Act that has not come into force under subsection (1) or (2) by March 1, 2000 comes into force on that day.
Short title
69. The short title of this Act is the Amendments Because of the Supreme Court of Canada Decision in M. v. H. Act, 1999.