Bill 171, Spousal Relationships Statute Law Amendment Act, 2005

Versions

Bill 171 2005

An Act to amend
various statutes in respect of
spousal relationships

Note: This Act amends or repeals more than one Act. For the legislative history of these Acts, see Public Statutes - Detailed Legislative History on www.e-Laws.gov.on.ca.

Preamble

The Canadian Charter of Rights and Freedoms and the law of Ontario reflect values of tolerance, respect, equality and freedom.

The law in Ontario and the Legislative Assembly recognize the right of same-sex couples to marry.

The Canadian Charter of Rights and Freedoms protects the right to manifest religious belief by religious practice and it protects the right of religious officials who solemnize marriages and control the use of sacred places to do so in accordance with their religious beliefs.

Therefore, 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 striking out "of the opposite sex or the same sex".

Accumulations Act

2. (1) Section 3 of the Accumulations Act is amended by striking out "widows, dependants or other beneficiaries" at the end and substituting "surviving spouses, dependants or other beneficiaries".

(2) Section 3 of the Act is amended by adding the following subsection:

Definition

(2) In this section,

"spouse" means,

(a) a spouse as defined in section 1 of the Family Law Act, or

(b) either of two persons who live together in a conjugal relationship outside marriage.

Assessment Act

3. (1) Subsection 19 (5.1) of the Assessment Act is amended by striking out "surviving spouse or same-sex partner" and substituting "surviving spouse".

(2) The definition of "same-sex partner" in subsection 19 (5.1.1) of the Act is repealed.

Business Corporations Act

4. (1) Clause (d) of the definition of "associate" in subsection 1 (1) of the Business Corporations Act is repealed and the following substituted:

(d) any relative of the person, including the person's spouse, where the 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 "the spouse or same-sex partner" and substituting "the spouse".

(3) The definition of "related person" in subsection 1 (1) of the Act is amended by,

(a) striking out "spouse, same-sex partner, son" in clause (a) and substituting "spouse, son"; and

(b) striking out "spouse or same-sex partner" in clause (b) and substituting "spouse".

(4) The definition of "same-sex partner" in subsection 1 (1) of the Act is repealed.

(5) The definition of "spouse" in subsection 1 (1) of the Act is amended by striking out "a person of the opposite sex" and substituting "a person".

Change of Name Act

5. Subsection 3 (6) of the Change of Name Act is amended by striking out "of the opposite sex or the same sex".

Charitable Institutions Act

6. (1) Paragraph 14 of subsection 3.1 (2) of the Charitable Institutions Act is amended by,

(a) striking out "his or her spouse or same-sex partner" and substituting "his or her spouse"; and

(b) striking out "both spouses or same-sex partners" and substituting "both spouses".

(2) The definition of "same-sex partner" in subsection 3.1 (5) of the Act is repealed.

(3) Clause (b) of the definition of "spouse" in subsection 3.1 (5) of the Act is amended by striking out "two persons of the opposite sex" and substituting "two persons".

Child and Family Services Act

7. (1) Subsection 146 (4) of the Child and Family Services Act is amended by adding "or" at the end of clause (a), by striking out "or" at the end of clause (b) and by repealing clause (c).

(2) Clause (b) of the definition of "family" in subsection 178 (1) of the Act is amended by striking out "Part II of the Family Law Act" at the end and substituting "Part III of the Family Law Act".

Children's Law Reform Act

8. (1) Subsection 24 (3) of the Children's Law Reform Act is amended by striking out "his or her spouse, same-sex partner or child" and substituting "his or her spouse or child".

(2) The definition of "same-sex partner" in subsection 24 (3.1) of the Act is repealed.

(3) Clause (b) of the definition of "spouse" in subsection 24 (3.1) of the Act is amended by striking out "two persons of the opposite sex" and substituting "two persons".

City of Toronto Act, 1997 (No. 2)

9. (1) Subsection 13 (1) of the City of Toronto Act, 1997 (No. 2) is amended by striking out "surviving spouses, same-sex partners and children" and substituting "surviving spouses and children".

(2) Clause 29 (1) (a) of the Act is amended by striking out "spouses, same-sex partners and dependent children" and substituting "spouses and dependent children".

(3) Clause 29 (3) (a) of the Act is amended by striking out "spouses, same-sex partners and dependent children" at the end and substituting "spouses and dependent children".

(4) Subsection 29 (5) of the Act is amended by striking out "spouses, same-sex partners and dependent children" and substituting "spouses and dependent children".

(5) Subsection 29 (6) of the Act is amended by striking out "spouses, same-sex partners and dependent children" and substituting "spouses and dependent children".

(6) Subsection 66 (8) of the Act is amended by striking out "spouses, same-sex partners and children" and substituting "spouses and children".

Commercial Tenancies Act

10. (1) The definition of "same-sex partner" in section 1 of the Commercial Tenancies Act is repealed.

(2) The definition of "spouse" in section 1 of the Act is amended by striking out "a person of the opposite sex" in the portion before clause (a) and substituting "a person".

(3) Subsection 31 (2) of the Act is amended by striking out "or by the same-sex partner of the tenant".

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 adding "and" at the end of clause (d), by striking out "and" at the end of clause (e) and by repealing clause (f).

(2) The definition of "same-sex partner" in section 1 of the Act is repealed.

(3) Clause (b) of the definition of "spouse" in section 1 of the Act is amended by striking out "a person of the opposite sex" at the beginning and substituting "a person".

(4) Subsection 21 (3) of the Act is amended by striking out "spouse, same-sex partner or committee" and substituting "spouse or committee".

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 or same-sex partner's name" and substituting "spouse's name".

(2) The definition of "same-sex partner" in subsection 1 (1) of the Act is repealed.

(3) Clause (b) of the definition of "spouse" in subsection 1 (1) of the Act is amended by striking out "two persons of the opposite sex" and substituting "two persons".

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 or same-sex partner" and substituting "spouse".

(2) The definition of "same-sex partner" in subsection 13 (3) of the Act is repealed.

(3) Clause (b) of the definition of "spouse" in subsection 13 (3) of the Act is amended by striking out "two persons of the opposite sex" and substituting "two persons".

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, same-sex partner, son" in clause (a) and substituting "spouse, son"; and

(b) striking out "such person's spouse or same-sex partner" in clause (b) and substituting "such person's spouse".

(2) The definition of "same-sex partner" in subsection 1 (1) of the Act is repealed.

(3) The definition of "spouse" in subsection 1 (1) of the Act is amended by striking out "a person of the opposite sex" and substituting "a person".

(4) The definition of "associate" in subsection 111 (3) of the Act is amended by,

(a) striking out "spouse, same-sex partner, son" in clause (d) and substituting "spouse, son"; and

(b) striking out "such person's spouse or same-sex partner" in clause (e) and substituting "such person's spouse".

Coroners Act

15. (1) The definition of "same-sex partner" in section 1 of the Coroners Act is repealed.

(2) The definition of "spouse" in section 1 of the Act is amended by striking out "a person of the opposite sex" in the portion before clause (a) and substituting "a person".

(3) Subsection 18 (2) of the Act is amended by striking out "the spouse, same-sex partner, parents" and substituting "the spouse, parents".

(4) Subsection 26 (1) of the Act is amended by striking out "the spouse, same-sex partner, parent" and substituting "the spouse, parent".

(5) Subsection 29 (2) of the Act is amended by striking out "the surviving spouse, same-sex partner, parent" and substituting "the surviving spouse, parent".

Corporations Act

16. (1) Clause (c) of the definition of "associate" in subsection 72 (1) of the Corporations Act is repealed and the following substituted:

(c) any person to whom the person is married or with whom the person is living in a conjugal relationship outside marriage, or

(2) Subsection 140 (2) of the Act is amended by adding the following definition:

"spouse" means,

(a) a spouse as defined in section 1 of the Family Law Act, or

(b) either of two persons who live together in a conjugal relationship outside marriage. ("conjoint")

(3) The definition of "dependants" in subsection 188 (1) of the Act is amended by striking out "wives, husbands, and children" and substituting "spouses, and children".

(4) Clause 188 (2) (b) of the Act is amended by striking out "widows, widowers and children" and substituting "surviving spouses and children".

(5) Clause 189 (1) (d) of the Act is amended by striking out "widows, widowers and children" and substituting "surviving spouses and children".

(6) Section 190 of the Act is amended by striking out "widows, widowers and children" and substituting "surviving spouses and children".

Courts of Justice Act

17. (1) Paragraph 3 of the Schedule to section 21.8 of the Courts of Justice Act is amended by striking out "persons of the opposite sex or the same sex" and substituting "persons".

(2) Subclause 53 (1) (a.3) (iii) of the Act is amended by striking out "spouses, same-sex partners and children" at the end and substituting "spouses and children".

(3) The definition of "same-sex partner" in subsection 53 (5) of the Act is repealed.

(4) Clause (b) of the definition of "spouse" in subsection 53 (5) of the Act is amended by striking out "two persons of the opposite sex" and substituting "two persons".

Credit Unions and Caisses Populaires Act, 1994

18. (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 "a spouse or same-sex partner" at the beginning and substituting "a spouse".

(2) The definition of "same-sex partner" in section 1 of the Act is repealed.

(3) Paragraph 7 of subsection 92 (1) of the Act is amended by striking out "employee's spouse, same-sex partner, parent" and substituting "employee's spouse, parent".

(4) Clause 146 (1) (d) of the Act is amended by striking out "a spouse, same-sex partner, parent" and substituting "a spouse, parent".

(5) Paragraph 3 of section 161 of the Act is amended by striking out "a spouse, same-sex partner, child" and substituting "a spouse, child".

(6) Subsection 326 (1) of the Act is amended by striking out "or to the spouse or same-sex partner" and substituting "or to the spouse".

Declarations of Death Act, 2002

19. Section 1 of the Declarations of Death Act, 2002 is amended by adding the following definition:

"spouse" means,

(a) a spouse as defined in section 1 of the Family Law Act, or

(b) either of two persons who live together in a conjugal relationship outside marriage. ("conjoint")

Domestic Violence Protection Act, 2000

20. Paragraph 2 of subsection 2 (1) of the Domestic Violence Protection Act, 2000 is repealed.

Education Act

21. (1) The definition of "French-language public district school board supporter" in subsection 1 (1) of the Education Act is amended by striking out "his or her spouse or same-sex partner if the spouse or same-sex partner" in the portion after clause (b) and substituting "his or her spouse if the spouse".

(2) Subsection 1 (1.0.1) of the Act is amended by striking out "and in section 177" at the end of the portion before the definition of "same-sex partner" and substituting "and in sections 164, 177 and 179".

(3) The definition of "same-sex partner" in subsection 1 (1.0.1) of the Act is repealed.

(4) Clause (b) of the definition of "spouse" in subsection 1 (1.0.1) of the Act is amended by striking out "two persons of the opposite sex" and substituting "two persons".

(5) Subsection 1 (9) of the Act is amended by striking out "who is a spouse or same-sex partner" and substituting "who is a spouse".

(6) The English version of section 164 of the Act is amended by striking out "and the wife or husband" and substituting "and the spouse".

(7) Clause 177 (1) (a) of the Act is amended by,

(a) striking out "their spouses, same-sex partners and children" at the end of subclause (i) and substituting "their spouses and children";

(b) striking out "their spouses, same-sex partners and children" in subclause (ii) and substituting "their spouses and children"; and

(c) striking out "their spouses, same-sex partners and children" in subclause (iii) and substituting "their spouses and children".

(8) Subsection 179 (2) of the Act is amended by striking out "the widow or widower" in the portion after clause (b) and substituting "the surviving spouse".

Election Act

22. (1) The definition of "same-sex partner" in section 1 of the Election Act is repealed.

(2) The definition of "spouse" in section 1 of the Act is amended by striking out "a person of the opposite sex" in the portion before clause (a) and substituting "a person".

(3) Subsection 8 (2) of the Act is amended by striking out "or the spouse or same-sex partner" and substituting "or the spouse".

(4) Subsection 22 (2) of the Act is amended by striking out "grandparent, spouse or same-sex partner" and substituting "grandparent or spouse".

Employment Standards Act, 2000

23. The definition of "spouse" in section 45 of the Employment Standards Act, 2000 is repealed and the following substituted:

"spouse" means,

(a) a spouse as defined in section 1 of the Family Law Act, or

(b) either of two persons who live together in a conjugal relationship outside marriage. ("conjoint")

Estates Act

24. Clause 29 (1) (a) of the Estates Act is amended by striking out "of the opposite sex or the same sex".

Evidence Act

25. (1) Section 1 of the Evidence Act is amended by adding the following definition:

"spouse" means a spouse as defined in section 1 of the Family Law Act. ("conjoint")

(2) Subsection 8 (1) of the Act is amended by striking out "and the husbands and wives" and substituting "and the spouses".

(3) Subsection 8 (2) of the Act is amended by striking out "a husband or a wife" and substituting "a spouse".

(4) Section 10 of the Act is amended by striking out "and the husbands and wives" and substituting "and the spouses".

(5) Section 11 of the Act is repealed and the following substituted:

Communications made during marriage

11. A person is not compellable to disclose any communication made to the person by his or her spouse during the marriage.

Execution Act

26. (1) The definition of "same-sex partner" in section 1 of the Execution Act is repealed.

(2) The definition of "spouse" in section 1 of the Act is amended by striking out "a person of the opposite sex" and substituting "a person".

(3) The definition of "surviving spouse or same-sex partner" in section 1 of the Act is repealed and the following substituted:

"surviving spouse" means a person who was the person's spouse at the time of his or her death. ("conjoint survivant")

(4) Subsection 5 (2) of the Act is amended by striking out "surviving spouse or same-sex partner" in both places where it appears and substituting in each case "surviving spouse".

(5) Subsection 5 (3) of the Act is amended by striking out "surviving spouse or same-sex partner" and substituting "surviving spouse".

(6) Section 6 of the Act is amended by striking out "surviving spouse or same-sex partner" and substituting "surviving spouse".

(7) Subsection 7 (2) of the Act is amended by striking out "spouse, same-sex partner or former spouse or same-sex partner" and substituting "spouse or former spouse".

Family Law Act

27. (1) The definition of "spouse" in subsection 1 (1) of the Family Law Act is amended by striking out "a man and woman" in the portion before clause (a) and substituting "two persons".

(2) The French version of clause (a) of the definition of "spouse" in subsection 1 (1) of the Act is amended by striking out "mariés" and substituting "mariées".

(3) The English version of section 14 of the Act is amended by striking out "husband and wife" in the portion before clause (a) and substituting "spouses".

(4) The definition of "same-sex partner" in section 29 of the Act is repealed.

(5) The definition of "spouse" in section 29 of the Act is amended by striking out "a man and woman" in the portion before clause (a) and substituting "two persons".

(6) The French version of clause (b) of the definition of "spouse" in section 29 of the Act is amended by striking out "s'ils" and substituting "si elles".

(7) Section 30 of the Act is amended by,

(a) striking out "Every spouse and every same-sex partner" at the beginning and substituting "Every spouse"; and

(b) striking out "for the other spouse or same-sex partner" and substituting "for the other spouse".

(8) Subsection 33 (3) of the Act is amended by striking out "the respondent's spouse, same-sex partner or child" in the portion before clause (a) and substituting "the respondent's spouse or child".

(9) Subsection 33 (8) of the Act is amended by,

(a) striking out "the support of a spouse or same-sex partner" in the portion before clause (a) and substituting "the support of a spouse";

(b) striking out "recognize the spouse's or same-sex partner's contribution" at the beginning of clause (a) and substituting "recognize the spouse's contribution";

(c) striking out "for the spouse or same-sex partner" at the end of clause (a) and substituting "for the spouse"; and

(d) striking out "the spouse or same-sex partner" in clause (c) and substituting "the spouse".

(10) Subsection 33 (9) of the Act is amended by striking out "for a spouse, same-sex partner or parent" in the portion before clause (a) and substituting "for a spouse or parent".

(11) Clause 33 (9) (l) of the Act is amended by,

(a) striking out "a spouse or same-sex partner" in the portion before subclause (i) and substituting "a spouse";

(b) striking out "the spouse's or same-sex partner's earning capacity" in subclause (ii) and substituting "the spouse's earning capacity";

(c) striking out "the spouse or same-sex partner" in subclause (iii) and substituting "the spouse";

(d) striking out "the spouse or same-sex partner" in subclause (iv) and substituting "the spouse"; and

(e) striking out "in the case of a spouse" at the beginning of subclause (v).

(12) Subclause 33 (9) (l) (v.1) of the Act is repealed.

(13) Subclause 33 (9) (l) (vi) of the Act is amended by striking out "the spouse's or same-sex partner's earnings" and substituting "the spouse's earnings".

(14) Subsection 33 (10) of the Act is amended by striking out "spouse or same-sex partner" in both places where it appears and substituting in each case "spouse".

(15) Subsection 34 (1) of the Act is amended by,

(a) striking out "spouse or same-sex partner" in both places where it appears in clause (i) and substituting in each case "spouse"; and

(b) striking out "spouse or same-sex partner" in both places where it appears in clause (j) and substituting in each case "spouse".

(16) Subsection 37 (2) of the Act is amended by striking out "a spouse, same-sex partner or parent" in the portion before clause (a) and substituting "a spouse or parent".

(17) Subsection 38.1 (1) of the Act is amended by striking out "spouse or same-sex partner" and substituting "spouse".

(18) Subsection 38.1 (2) of the Act is amended by striking out "spouse or same-sex partner" in both places where it appears and substituting in each case "spouse".

(19) Subsection 38.1 (3) of the Act is amended by striking out "spouse or same-sex partner" in the four places where it appears and substituting in each case "spouse".

(20) Subsection 39 (2) of the Act is amended by striking out "spouse or same-sex partner" in both places where it appears and substituting in each case "spouse".

(21) Section 40 of the Act is amended by striking out "a spouse's or same-sex partner's property" and substituting "a spouse's property".

(22) Subsection 45 (1) of the Act is amended by striking out "spouse or same-sex partner" in the three places where it appears and substituting in each case "spouse".

(23) Subsection 46 (1) of the Act is amended by striking out "the applicant's spouse, same-sex partner or former spouse or same-sex partner" in both places where it appears and substituting in each case "the applicant's spouse or former spouse".

(24) Subsection (23) does not apply if it comes into force on or after the day subsection 22 (2) of the Domestic Violence Protection Act, 2000 comes into force.

(25) Subsection 52 (1) of the Act is amended by striking out "A man and a woman" at the beginning and substituting "Two persons".

(26) Subsection 53 (1) of the Act is amended by striking out "Two persons of the opposite sex or the same sex" at the beginning and substituting "Two persons".

(27) Section 54 of the Act is amended by striking out "Two persons of the opposite sex or the same sex" at the beginning and substituting "Two persons".

(28) Subsection 61 (1) of the Act is amended by striking out "same-sex partner, as defined in Part III (Support Obligations)".

Family Responsibility and Support Arrears Enforcement Act, 1996

28. (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 "spouse, child, other relative or same-sex partner" in both places where it appears and substituting in each case "spouse, child or other relative".

(2) The definition of "same-sex partner" in subsection 1 (1) of the Act is repealed.

(3) Clause (b) of the definition of "spouse" in subsection 1 (1) of the Act is amended by striking out "two persons of the opposite sex" and substituting "two persons".

(4) Clause (f) of the definition of "support order" in subsection 1 (1) of the Act is amended by striking out "spouse or same-sex partner" in both places where it appears and substituting in each case "spouse".

Fuel Tax Act

29. (1) The definition of "same-sex partner" in subsection 13.1 (1) of the Fuel Tax Act is repealed.

(2) Subsection 13.1 (2) of the Act is amended by striking out "to a member of his or her family, to his or her same-sex partner, to an individual" and substituting "to a member of his or her family, to an individual".

(3) Subsection 13.1 (8) of the Act is amended by striking out "between spouses or same-sex partners" in the portion before clause (a) and substituting "between spouses".

Gasoline Tax Act

30. (1) The definition of "same-sex partner" in subsection 13.1 (1) of the Gasoline Tax Act is repealed.

(3) Subsection 13.1 (8) of the Act is amended by striking out "between spouses or same-sex partners" in the portion before clause (a) and substituting "between spouses".

Homes for the Aged and Rest Homes Act

31. (1) Paragraph 14 of subsection 1.1 (2) of the Homes for the Aged and Rest Homes Act is amended by,

(a) striking out "his or her spouse or same-sex partner" and substituting "his or her spouse"; and

(b) striking out "both spouses or same-sex partners" and substituting "both spouses".

(2) The definition of "same-sex partner" in subsection 1.1 (5) of the Act is repealed.

(3) Clause (b) of the definition of "spouse" in subsection 1.1 (5) of the Act is amended by striking out "two persons of the opposite sex" and substituting "two persons".

Human Rights Code

32. (1) Section 1 of the Human Rights Code is amended by striking out "marital status, same-sex partnership status" and substituting "marital status".

(2) Subsection 2 (1) of the Act is amended by striking out "marital status, same-sex partnership status" and substituting "marital status".

(3) Subsection 2 (2) of the Act is amended by striking out "marital status, same-sex partnership status" and substituting "marital status".

(4) Section 3 of the Act is amended by striking out "marital status, same-sex partnership status" and substituting "marital status".

(5) Subsection 5 (1) of the Act is amended by striking out "marital status, same-sex partnership status" and substituting "marital status".

(6) Subsection 5 (2) of the Act is amended by striking out "marital status, same-sex partnership status" and substituting "marital status".

(7) Section 6 of the Act is amended by striking out "marital status, same-sex partnership status" and substituting "marital status".

(8) The definition of "marital status" in subsection 10 (1) of the Act is amended by striking out "a person of the opposite sex" and substituting "a person".

(9) The definitions of "same-sex partner" and "same-sex partnership status" in subsection 10 (1) of the Act are repealed.

(10) The definition of "spouse" in subsection 10 (1) of the Act is amended by striking out "a person of the opposite sex" and substituting "a person".

(11) The Act is amended by adding the following section:

Solemnization of marriage by religious officials

18.1 (1) The rights under Part I to equal treatment with respect to services and facilities are not infringed where a person registered under section 20 of the Marriage Act refuses to solemnize a marriage, to allow a sacred place to be used for solemnizing a marriage or for an event related to the solemnization of a marriage, or to otherwise assist in the solemnization of a marriage, if to solemnize the marriage, allow the sacred place to be used or otherwise assist would be contrary to,

(a) the person's religious beliefs; or

(b) the doctrines, rites, usages or customs of the religious body to which the person belongs.

Same

(2) Nothing in subsection (1) limits the application of section 18.

Definition

(3) In this section,

"sacred place" includes a place of worship and any ancillary or accessory facilities.

(12) Subsection 20 (3) of the Act is amended by striking out "marital status, same-sex partnership status" and substituting "marital status".

(13) Section 22 of the Act is amended by striking out "marital status, same-sex partnership status" in both places where it appears and substituting in each case "marital status".

(14) Subsection 24 (1) of the Act is amended by,

(a) striking out "marital status, same-sex partnership status" in clause (a) and substituting "marital status";

(b) striking out "record of offences, marital status or same-sex partnership status" in both places where it appears in clause (b) and substituting in each case "record of offences or marital status";

(c) striking out "spouse, same-sex partner or relative" in clause (c) and substituting "spouse or other relative"; and

(d) striking out "spouse, same-sex partner, child" in clause (d) and substituting "spouse, child".

(15) Subsection 25 (2) of the Act is amended by striking out "marital status, same-sex partnership status" and substituting "marital status".

Income Tax Act

33. (1) Subclause (c) (ii) of the definition of "individual" in subsection 8 (1) of the Income Tax Act is amended by striking out "cohabiting spouse" and substituting "cohabiting spouse or common-law partner".

(2) Paragraph 4 of subsection 8 (17) of the Act is amended by striking out "the individual's spouse" and substituting "the individual's spouse or common-law partner".

Independent Health Facilities Act

34. (1) Clause 1 (3) (e) of the Independent Health Facilities Act is amended by striking out "of the other person, is another relative who has the same home as the other person or is the same-sex partner of the other person" and substituting "of the other person or is another relative who has the same home as the other person".

(2) The definition of "same-sex partner" in subsection 1 (3.1) of the Act is repealed.

(3) Clause (b) of the definition of "spouse" in subsection 1 (3.1) of the Act is amended by striking out "two persons of the opposite sex" and substituting "two persons".

Insurance Act

35. (1) The definition of "same-sex partner" in section 1 of the Insurance Act is repealed.

(2) The definition of "spouse" in section 1 of the Act is amended by striking out "a man and a woman" in the portion before clause (a) and substituting "two persons".

(3) Clause 179 (b) of the Act is amended by striking out "spouse or same-sex partner" at the end and substituting "spouse".

(4) Subsection 196 (2) of the Act is amended by striking out "spouse, same-sex partner, child" and substituting "spouse, child".

(5) The definition of "same-sex partner" in subsection 224 (1) of the Act is repealed.

(6) The definition of "spouse" in subsection 224 (1) of the Act is amended by striking out "a man and a woman" in the portion before clause (a) and substituting "two persons".

(7) The French version of clause (a) of the definition of "spouse" in subsection 224 (1) of the Act is amended by striking out "mariés" and substituting "mariées".

(8) Clause (c) of the definition of "spouse" in subsection 224 (1) of the Act is repealed and the following substituted:

(i) continuously for a period of not less than three years, or

(ii) in a relationship of some permanence, if they are the natural or adoptive parents of a child; ("conjoint")

(9) Paragraph 1 of subsection 239 (4) of the Act is amended by striking out "The spouse or same-sex partner" at the beginning and substituting "The spouse".

(10) Clause 250 (4) (c) of the Act is amended by striking out "his or her spouse or same-sex partner" at the end and substituting "his or her spouse".

(11) The definition of "person insured under the contract" in subsection 265 (2) of the Act is amended by,

(a) striking out "his or her spouse or same-sex partner" in subclause (c) (ii) in the portion before sub-subclause (A) and substituting "his or her spouse";

(b) striking out "spouse or same-sex partner" in both places where it appears in subclause (c) (iii) in the portion before sub-subclause (A) and substituting in each case "spouse"; and

(c) striking out "his or her spouse or same-sex partner" in subclause (c) (iii) in the portion after sub-subclause (B) and substituting "his or her spouse".

(12) The definition of "uninsured automobile" in subsection 265 (2) of the Act is amended by striking out "his or her spouse or same-sex partner" at the end and substituting "his or her spouse".

(13) Subsection 268 (5) of the Act is amended by striking out "the person is the spouse or same-sex partner" and substituting "the person is the spouse".

(14) Subsection 268 (5.2) of the Act is amended by striking out "the spouse or same-sex partner or a dependant" and substituting "the spouse or a dependant".

(15) Clause 305 (b) of the Act is amended by striking out "spouse or same-sex partner" at the end and substituting "spouse".

(16) Subsection 317 (2) of the Act is amended by striking out "spouse, same-sex partner, child" and substituting "spouse, child".

(17) Clause 342 (a) of the Act is amended by striking out "spouses, same-sex partners and children" at the end and substituting "spouses and children".

(18) Clause 436 (1) (a) of the Act is amended by,

(a) striking out "spouse, same-sex partner or child" in subclause (i) and substituting "spouse or child"; and

(b) striking out "his or her spouse or same-sex partner" in both places where it appears in subclause (ii) and substituting in each case "his or her spouse".

Land Transfer Tax Act

36. (1) The definition of "same-sex partner" in subsection 1 (1) of the Land Transfer Tax Act is repealed.

(2) Clause 5 (2) (g) of the Act is amended by striking out "who are spouses or same-sex partners" and substituting "who are spouses".

(3) The definition of "purchaser" in subsection 9.2 (1) of the Act is amended by striking out "spouse or same-sex partner" in both places where it appears and substituting in each case "spouse".

(4) Clause 9.2 (3) (b) of the Act is amended by striking out "spouse or same-sex partner" in the three places where it appears and substituting in each case "spouse".

(5) Subsection 13.1 (2) of the Act is amended by striking out "his or her family, to his or her same-sex partner, to an individual" and substituting "his or her family, to an individual".

(6) Subsection 13.1 (8) of the Act is amended by striking out "between spouses or same-sex partners" at the end of the portion before clause (a) and substituting "between spouses".

Legislative Assembly Act

37. (1) Subsection 67 (3) of the Legislative Assembly Act is amended by striking out "the member's spouse or same-sex partner" and substituting "the member's spouse".

(2) The definition of "same-sex partner" in subsection 67 (3.1) of the Act is repealed.

(3) Clause (b) of the definition of "spouse" in subsection 67 (3.1) of the Act is amended by striking out "two persons of the opposite sex" and substituting "two persons".

Loan and Trust Corporations Act

38. (1) The definition of "restricted party" in section 1 of the Loan and Trust Corporations Act is amended by,

(a) striking out "spouse, same-sex partner or child" in clause (j) and substituting "spouse or child";

(b) striking out "his or her spouse or same-sex partner" in clause (k) and substituting "his or her spouse"; and

(c) striking out "individual, spouse or same-sex partner" at the end of clause (k) and substituting "individual or spouse".

(2) The definition of "same-sex partner" in section 1 of the Act is repealed.

(3) The definition of "spouse" in section 1 of the Act is amended by striking out "a person of the opposite sex" and substituting "a person".

(4) Subsections (1), (2) and (3) do not apply if they come into force on or after the day subsection 52 (8) of the Responsible Choices for Growth and Accountability Act (2001 Budget), 2001 comes into force.

(5) Subsection 2 (10) of the Act is amended by,

(a) striking out "spouse or same-sex partner" in clause (d) and substituting "spouse"; and

(b) striking out "spouse or same-sex partner" in clause (e) and substituting "spouse".

(6) Subsection (5) does not apply if it comes into force on or after the day section 53 of the Responsible Choices for Growth and Accountability Act (2001 Budget), 2001 comes into force.

(7) Subsection 89 (3) of the Act is amended by,

(a) striking out "spouse, same-sex partner or child" in clause (c) and substituting "spouse or child"; and

(b) striking out "spouse or same-sex partner" in both places where it appears in clause (d) and substituting in each case "spouse".

(8) Subsection (7) does not apply if it comes into force on or after the day section 87 of the Responsible Choices for Growth and Accountability Act (2001 Budget), 2001 comes into force.

(9) Subclause 116 (2) (b) (i) of the Act is amended by striking out "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" in the portion before sub-subclause (A) and substituting "or a spouse or child of the person or partner who has the same home as the person or partner".

(10) Subsection (9) does not apply if it comes into force on or after the day section 97 of the Responsible Choices for Growth and Accountability Act (2001 Budget), 2001 comes into force.

(11) Subsection 141 (2) of the Act is amended by striking out "or the spouse, same-sex partner or child of the director or any relative of the director or spouse or same-sex partner" and substituting "or the spouse or child of the director or any relative of the director or spouse".

(12) Subsection (11) does not apply if it comes into force on or after the day section 112 of the Responsible Choices for Growth and Accountability Act (2001 Budget), 2001 comes into force.

(13) Clause 142 (1) (a) of the Act is amended by,

(a) striking out "spouse or same-sex partner" in both places where it appears in the portion before subclause (i) and substituting in each case "spouse"; and

(b) striking out "spouse, same-sex partner or child" in subclause (iii) and substituting "spouse or child".

(14) Clause 142 (1) (b) of the Act is amended by striking out "spouse or same-sex partner" in both places where it appears in the portion before subclause (i) and substituting in each case "spouse".

(15) Subsection 142 (2) of the Act is amended by striking out "spouse, same-sex partner or child" and substituting "spouse or child".

(16) Subsections (13), (14) and (15) do not apply if they come into force on or after the day section 113 of the Responsible Choices for Growth and Accountability Act (2001 Budget), 2001 comes into force.

Marriage Act

39. (1) Subsection 5 (3) of the Marriage Act is amended by striking out "a person who is a widow, a widower or divorced" at the end and substituting "a minor who was previously married and whose marriage was terminated by death or divorce".

(2) Subsection 9 (1) of the Act is amended by striking out "a married person's spouse has died, the married person" and substituting "a married person has died, the person to whom the deceased was married".

(3) Section 20 of the Act is amended by adding the following subsections:

Rights of person registered

(6) A person registered under this section is not required to solemnize a marriage, to allow a sacred place to be used for solemnizing a marriage or for an event related to the solemnization of a marriage, or to otherwise assist in the solemnization of a marriage, if to do so would be contrary to,

(a) the person's religious beliefs; or

(b) the doctrines, rites, usages or customs of the religious body to which the person belongs.

Definition

(7) In subsection (6),

"sacred place" includes a place of worship and any ancillary or accessory facilities.

(4) Subsection 24 (3) of the Act is repealed and the following substituted:

Form of ceremony

(3) No particular form of ceremony is required except that in some part of the ceremony, in the presence of the person solemnizing the marriage and witnesses, each of the parties shall declare:

I do solemnly declare that I do not know of any lawful impediment why I, AB, may not be joined in matrimony to CD,

Je déclare solennellement que moi, AB, je ne connais aucun empêchement légal à mon mariage avec CD,

and each of the parties shall say to the other:

I call upon these persons here present to witness that I, AB, do take you, CD, to be my lawful wedded wife (or to be my lawful wedded husband or to be my lawful wedded partner or to be my lawful wedded spouse),

Je demande aux personnes qui sont ici présentes d'être témoins que moi, AB, je prends CD comme légitime épouse (ou comme légitime époux ou comme partenaire conjugal légitime ou comme légitime conjoint(e)),

after which the person solemnizing the marriage shall say:

I, EF, by virtue of the powers vested in me by the Marriage Act, do hereby pronounce you AB and CD to be married,

En vertu des pouvoirs qui me sont conférés par la Loi sur le mariage, moi, EF, je vous déclare mariés(ées), AB et CD.

(5) Section 31 of the Act is amended by striking out "cohabited as man and wife" and substituting "cohabited as a married couple".

Members' Integrity Act, 1994

40. (1) The definition of "household" in section 1 of the Members' Integrity Act, 1994 is repealed.

(2) The definition of "same-sex partner" in section 1 of the Act is repealed.

(3) Subsection 15 (1) of the Act is amended by striking out "his or her household" at the end and substituting "his or her family".

(4) Subsection 20 (2) of the Act is amended by,

(a) striking out "his or her spouse or same-sex partner" in clause (a) and substituting "his or her spouse";

(b) striking out "his or her spouse or same-sex partner" in clause (b) and substituting "his or her spouse"; and

(c) striking out "his or her spouse or same-sex partner" in clause (c) and substituting "his or her spouse".

(5) Subsection 20 (3) of the Act is amended by striking out "the member's spouse or same-sex partner" and substituting "the member's spouse".

(6) Subsection 20 (4) of the Act is amended by,

(a) striking out "his or her spouse or same-sex partner" and substituting "his or her spouse"; and

(b) striking out "the member's household" and substituting "the member's family".

(7) Subsection 21 (4) of the Act is amended by,

(a) striking out "his or her household" in paragraph 3 and substituting "his or her family"; and

(b) striking out "his or her household" in paragraph 4 and substituting "his or her family".

(8) Subsection 22 (1) of the Act is amended by striking out "his or her household" and substituting "his or her family".

(9) Subsection 22 (2) of the Act is amended by striking out "his or her household" and substituting "his or her family".

Mental Hospitals Act

41. (1) Subsection 19 (1) of the Mental Hospitals Act is amended by striking out "whose spouse or same-sex partner" and substituting "whose spouse".

(2) The definition of "same-sex partner" in subsection 19 (2) of the Act is repealed.

(3) Clause (b) of the definition of "spouse" in subsection 19 (2) of the Act is amended by striking out "two persons of the opposite sex" and substituting "two persons".

Mortgages Act

42. (1) The definition of "same-sex partner" in section 44 of the Mortgages Act is repealed.

(2) The definition of "spouse" in section 44 of the Act is amended by striking out "a person of the opposite sex" in the portion before clause (a) and substituting "a person".

(3) Clause (a) of the definition of "subsidiary dwelling unit" in subsection 45 (4) of the Act is amended by striking out "the owner's spouse, same-sex partner, child or parent or the spouse's or same-sex partner's child or parent, where the owner, spouse, same-sex partner, child or parent" and substituting "the owner's spouse, child or parent or the spouse's child or parent, where the owner, spouse, child or parent".

(4) Subsection 53 (3) of the Act is amended by striking out "his or her spouse or same-sex partner" in both places where it appears and substituting in each case "his or her spouse".

(5) Subsection 53 (6) of the Act is amended by striking out "his or her spouse or same-sex partner" in both places where it appears and substituting in each case "his or her spouse".

MPPs Pension Act, 1996

43. (1) The definition of "same-sex partner" in subsection 1 (1) of the MPPs Pension Act, 1996 is repealed.

(2) The definition of "spouse" in subsection 1 (1) of the Act is amended by striking out "a man and woman" in the portion before clause (a) and substituting "two persons".

(3) The French version of clause (a) of the definition of "spouse" in subsection 1 (1) of the Act is amended by striking out "mariés" and substituting "mariées".

(4) Clauses (c) and (d) of the definition of "spouse" in subsection 1 (1) of the Act are repealed and the following substituted:

(c) have lived together in a conjugal relationship outside marriage continuously for a period of not less than three years, or

(d) have lived together in a conjugal relationship outside marriage in a relationship of some permanence, if they are the natural or adoptive parents of a child; ("conjoint")

(5) Clause 21 (7) (a) of the Act is amended by striking out "the individual's spouse or same-sex partner" and substituting "the individual's spouse".

(6) Clause 21 (8) (a) of the Act is amended by striking out "the individual's spouse or same-sex partner" and substituting "the individual's spouse".

(7) Subsection 27 (3) of the Act is amended by,

(a) striking out "spouse or same-sex partner" in both places where it appears in paragraph 2 and substituting in each case "spouse"; and

(b) striking out "spouse or same-sex partner" in both places where it appears in paragraph 3 and substituting in each case "spouse".

(8) Subsection 29 (1) of the Act is amended by striking out "spouse or same-sex partner" in both places where it appears and substituting in each case "spouse".

(9) Subsection 29 (2) of the Act is amended by striking out "spouse or same-sex partner" and substituting "spouse".

(10) Subsection 29 (3) of the Act is amended by striking out "spouse or same-sex partner" in both places where it appears and substituting in each case "spouse".

(11) Subsection 29 (4) of the Act is amended by striking out "spouse or same-sex partner" and substituting "spouse".

(12) Subsection 29 (5) of the Act is amended by striking out "spouse, same-sex partner or beneficiary" and substituting "spouse or beneficiary".

Municipal Act, 2001

44. (1) The definition of "same-sex partner" in subsection 1 (1) of the Municipal Act, 2001 is repealed.

(2) The definition of "spouse" in subsection 1 (1) of the Act is amended by striking out "a person of the opposite sex" in the portion before clause (a) and substituting "a person".

(3) Clause 258 (2) (b) of the Act is amended by striking out "or the spouse or same-sex partner" and substituting "or the spouse".

(4) Subsection 282 (1) of the Act is amended by,

(a) striking out "and their spouses, same-sex partners and children" at the end of clause (a) and substituting "and their spouses and children";

(b) striking out "and their spouses, same-sex partners and children" in clause (b) and substituting "and their spouses and children"; and

(c) striking out "and their spouses, same-sex partners and children" at the end of clause (c) and substituting "and their spouses and children".

(5) Subsection 319 (1) of the Act is amended by striking out "or whose spouses or same-sex partners" in the portion before clause (a) and substituting "or whose spouses".

(6) Clause 357 (2) (c) of the Act is amended by striking out "the spouse or same-sex partner" and substituting "the spouse".

Municipal Conflict of Interest Act

45. (1) The definition of "same-sex partner" in section 1 of the Municipal Conflict of Interest Act is repealed.

(2) The definition of "spouse" in section 1 of the Act is amended by striking out "a person of the opposite sex" and substituting "a person".

(3) Section 3 of the Act is amended by striking out "the spouse, same-sex partner or any child" and substituting "the spouse or any child".

Municipal Elections Act, 1996

46. (1) Clause 17 (2) (a) of the Municipal Elections Act, 1996 is amended by striking out "or the spouse or same-sex partner" and substituting "or the spouse".

(2) Clause 19 (5) (b) of the Act is amended by striking out "his or her spouse or same-sex partner" and substituting "his or her spouse".

(3) Subsection 44 (3) of the Act is amended by striking out "spouses, same-sex partners or siblings" and substituting "spouses or siblings".

(4) Paragraph 4 of subsection 70 (3) of the Act is amended by striking out "his or her spouse or same-sex partner" at the end and substituting "his or her spouse".

(5) Subsection 70 (5) of the Act is amended by striking out "his or her spouse or same-sex partner" and substituting "his or her spouse".

(6) Subsection 71 (3) of the Act is amended by striking out "his or her spouse or same-sex partner" at the end and substituting "his or her spouse".

(7) Subsection 75 (1) of the Act is amended by striking out "his or her spouse or same-sex partner" and substituting "his or her spouse".

(8) Subsection 75 (2) of the Act is amended by striking out "the spouse or same-sex partner" and substituting "the spouse".

(9) Subsection 79 (6) of the Act is amended by striking out "spouse or same-sex partner" in both places where it appears in the portion before clause (a) and substituting in each case "spouse".

Municipal Health Services Act

47. (1) Subsection 6 (2) of the Municipal Health Services Act is amended by striking out "his or her spouse or same-sex partner" at the end and substituting "his or her spouse".

(2) The definition of "same-sex partner" in subsection 6 (2.1) of the Act is repealed.

(3) The definition of "spouse" in subsection 6 (2.1) of the Act is amended by striking out "a person of the opposite sex" in the portion before clause (a) and substituting "a person".

Northern Services Boards Act

48. (1) Clause 39 (3) (c) of the Northern Services Boards Act is amended by striking out "or the spouse or same-sex partner" and substituting "or the spouse".

(2) The definition of "same-sex partner" in subsection 39 (3.1) of the Act is repealed.

(3) Clause (b) of the definition of "spouse" in subsection 39 (3.1) of the Act is amended by striking out "two persons of the opposite sex" and substituting "two persons".

Nursing Homes Act

49. (1) The definition of "same-sex partner" in subsection 1 (1) of the Nursing Homes Act is repealed.

(2) Clause (b) of the definition of "spouse" in subsection 1 (1) of the Act is amended by striking out "two persons of the opposite sex" and substituting "two persons".

(3) Clause 1 (3) (f) of the Act is amended by striking out "of the other person, is another relative who has the same home as the other person or is the same-sex partner of the other person" and substituting "of the other person or is another relative who has the same home as the other person".

(4) Paragraph 14 of subsection 2 (2) of the Act is amended by,

(a) striking out "his or her spouse or same-sex partner" and substituting "his or her spouse"; and

(b) striking out "and where both spouses or same-sex partners" and substituting "and, where both spouses".

Ontario Disability Support Program Act, 1997

50. (1) Subsection 7 (1) of the Ontario Disability Support Program Act, 1997 is amended by striking out "spouse, same-sex partner or dependent adult" and substituting "spouse or dependent adult".

(2) Subsection 7 (3) of the Act is amended by striking out "spouse, same-sex partner or dependant" at the end and substituting "spouse or dependant".

(3) Subsection 14 (3) of the Act is amended by striking out "the recipient's spouse or same-sex partner" in the portion before clause (a) and substituting "the recipient's spouse".

(4) Subsection 16 (4) of the Act is amended by striking out "spouse or same-sex partner" in both places where it appears and substituting in each case "spouse".

(5) Subsection 16 (5) of the Act is amended by striking out "spouse or same-sex partner" in both places where it appears and substituting in each case "spouse".

(6) Subsection 23 (5) of the Act is amended by striking out "spouse or same-sex partner" in both places where it appears and substituting in each case "spouse".

(7) Subsection 23 (6) of the Act is amended by striking out "A spouse or same-sex partner" at the beginning and substituting "A spouse".

(8) Subsection 56 (1) of the Act is amended by,

(a) striking out "spouse, same-sex partner or dependent adult" at the end of paragraph 1 and substituting "spouse or dependent adult"; and

(b) striking out "spouse, same-sex partner or dependent adult" in paragraph 4 and substituting "spouse or dependent adult".

Ontario Energy Board Act, 1998

51. (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) any relative of the person, including the person's spouse as defined in the Business Corporations Act, where the 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 or same-sex partner referred to in clause (d), where" and substituting "spouse, as defined in the Business Corporations Act, of the person, where".

Ontario Home Ownership Savings Plan Act

52. The definition of ""spouse" and "former spouse"" in subsection 1 (11) of the Ontario Home Ownership Savings Plan Act is amended by striking out "of the opposite sex".

Ontario Municipal Employees Retirement System Act

53. (1) The definition of "same-sex partner" in subsection 1 (1) of the Ontario Municipal Employees Retirement System Act is repealed.

(2) The definition of "supplementary benefit" in subsection 1 (1) of the Act is amended by striking out "widow, widower, surviving same-sex partner" and substituting "surviving spouse".

(3) The definition of "surviving same-sex partner" in subsection 1 (1) of the Act is repealed.

(4) Subsection 1 (1) of the Act is amended by adding the following definition:

"surviving spouse" means the person who was the spouse of a member immediately before the member's death; ("conjoint survivant")

(5) The definition of ""widow" or "widower"" in subsection 1 (1) of the Act is repealed.

(6) Subsection 5 (1) of the Act is amended by striking out "widows, widowers, surviving same-sex partners and children" and substituting "surviving spouses and children".

(7) Section 14 of the Act is amended by,

(a) striking out "widow, widower, surviving same-sex partner or children" at the end of subclause (h) (iii) and substituting "surviving spouse or children"; and

(b) striking out "widows, widowers, surviving same-sex partners and children" in clause (l) and substituting "surviving spouses and children".

Ontario Works Act, 1997

54. (1) Subsection 12 (1) of the Ontario Works Act, 1997 is amended by striking out "spouse, same-sex partner or dependent adult" and substituting "spouse or dependent adult".

(2) Subsection 19 (3) of the Act is amended by striking out "the recipient's spouse or same-sex partner" in the portion before clause (a) and substituting "the recipient's spouse".

(3) Subsection 21 (4) of the Act is amended by striking out "spouse or same-sex partner" in both places where it appears and substituting in each case "spouse".

(4) Subsection 21 (5) of the Act is amended by striking out "spouse or same-sex partner" in both places where it appears and substituting in each case "spouse".

(5) Subsection 28 (6) of the Act is amended by striking out "spouse or same-sex partner" in both places where it appears and substituting in each case "spouse".

(6) Subsection 28 (7) of the Act is amended by striking out "A spouse or same-sex partner" at the beginning and substituting "A spouse".

(7) Subsection 75 (1) of the Act is amended by,

(a) striking out "spouse, same-sex partner or dependent adult" at the end of paragraph 1 and substituting "spouse or dependent adult"; and

(b) striking out "spouse, same-sex partner or dependent adult" in paragraph 4 and substituting "spouse or dependent adult".

Partnerships Act

55. Subclause (c) (ii) of paragraph 3 of section 3 of the Partnerships Act is amended by striking out "of the opposite sex or the same sex".

Pension Benefits Act

56. (1) The definition of "joint and survivor pension" in section 1 of the Pension Benefits Act is amended by striking out "his or her spouse or same-sex partner" and substituting "his or her spouse".

(2) The definition of "same-sex partner" in section 1 of the Act is repealed.

(3) The definition of "spouse" in section 1 of the Act is amended by striking out "a man and woman" in the portion before clause (a) and substituting "two persons".

(4) The French version of clause (a) of the definition of "spouse" in section 1 of the Act is amended by striking out "mariés" and substituting "mariées".

(5) The French version of clause (b) of the definition of "spouse" in section 1 of the Act is amended by striking out "mariés" in the portion before subclause (i) and substituting "mariées".

(6) The French version of subclause (b) (ii) of the definition of "spouse" in section 1 of the Act is amended by striking out "s'ils" and substituting "si elles".

(7) Clause 29 (1) (c) of the Act is amended by striking out "the spouse or same-sex partner" at the beginning and substituting "the spouse".

(8) Subsection 29 (5) of the Act is amended by striking out "a spouse or same-sex partner" and substituting "a spouse".

(9) Subsection 44 (1) of the Act is amended by striking out "who has a spouse or same-sex partner" and substituting "who has a spouse".

(10) Subsection 44 (3) of the Act is amended by striking out "spouse or same-sex partner" in both places where it appears and substituting in each case "spouse".

(11) Clause 44 (4) (b) of the Act is amended by striking out "his or her spouse or same-sex partner" and substituting "his or her spouse".

(12) Clause 44 (5) (c) of the Act is amended by striking out "has a spouse or same-sex partner" and substituting "has a spouse".

(13) Section 47 of the Act is amended by striking out "spouse or same-sex partner" in both places where it appears and substituting in each case "spouse".

(14) Subsection 48 (1) of the Act is amended by striking out "who is the spouse or same-sex partner" in the portion before clause (a) and substituting "who is the spouse".

(15) Subsection 48 (2) of the Act is amended by striking out "who is the spouse or same-sex partner" in the portion before clause (a) and substituting "who is the spouse".

(16) Subsection 48 (3) of the Act is amended by striking out "his or her spouse or same-sex partner" and substituting "his or her spouse".

(17) Subsection 48 (4) of the Act is amended by striking out "spouse or same-sex partner" in the three places where it appears and substituting in each case "spouse".

(18) Subsection 48 (6) of the Act is amended by,

(a) striking out "a spouse or same-sex partner" in clause (a) and substituting "a spouse"; and

(b) striking out "his or her spouse or same-sex partner" in clause (b) and substituting "his or her spouse".

(19) Subsection 48 (7) of the Act is amended by,

(a) striking out "a spouse or same-sex partner" in clause (a) and substituting "a spouse"; and

(b) striking out "his or her spouse or same-sex partner" in clause (b) and substituting "his or her spouse".

(20) Subsection 48 (14) of the Act is amended by striking out "The spouse or same-sex partner" at the beginning and substituting "The spouse" and by striking out "the spouse's or partner's entitlement" and substituting "the spouse's entitlement".

(21) Subsection 48 (14.1) of the Act is amended by striking out "A spouse or same-sex partner" at the beginning and substituting "A spouse".

(22) Subsection 48 (14.2) of the Act is amended by striking out "a spouse or same-sex partner, as the case may be, on" and substituting "a spouse on".

(23) Subsection 51 (2) of the Act is amended by striking out "were spouses or same-sex partners" at the end and substituting "were spouses".

(24) Subsection 51 (3) of the Act is amended by striking out "between spouses or same-sex partners" and substituting "between spouses".

(25) Subsection 51 (5) of the Act is amended by,

(a) striking out "A spouse or same-sex partner" at the beginning and substituting "A spouse"; and

(b) striking out "the spouse's or same-sex partner's interest" and substituting "the spouse's interest".

(26) Paragraph 6 of subsection 84 (1) of the Act is amended by striking out "a former spouse or same-sex partner" and substituting "a former spouse".

Perpetuities Act

57. (1) Subsection 9 (1) of the Perpetuities Act is amended by striking out "spouse or same-sex partner" in the four places where it appears and substituting in each case "spouse".

(2) The definition of "same-sex partner" in subsection 9 (2) of the Act is repealed.

(3) The definition of "spouse" in subsection 9 (2) of the Act is amended by striking out "a person of the opposite sex" in the portion before clause (a) and substituting "a person".

(4) Section 18 of the Act is amended by striking out "widows, widowers, dependants" and substituting "surviving spouses, dependants".

(5) Section 18 of the Act is amended by adding the following subsection:

Definition

(2) In this section,

"spouse" means,

(a) a spouse as defined in section 1 of the Family Law Act, or

(b) either of two persons who live together in a conjugal relationship outside marriage.

Police Services Act

58. (1) The definition of "same-sex partner" in section 2 of the Police Services Act is repealed.

(2) Clause (b) of the definition of "spouse" in section 2 of the Act is amended by striking out "two persons of the opposite sex" and substituting "two persons".

(3) Section 16 of the Act is amended by striking out "surviving spouses, same-sex partners and children" and substituting "surviving spouses and children".

(4) Section 20 of the Act is amended by striking out "surviving spouses, same-sex partners and children" and substituting "surviving spouses and children".

Prohibiting Profiting from Recounting Crimes Act, 2002

59. (1) Subclause (d) (i) of the definition of "agent" in section 2 of the Prohibiting Profiting from Recounting Crimes Act, 2002 is amended by striking out "spouse or same-sex partner" in both places where it appears and substituting in each case "spouse".

(2) The definition of "same-sex partner" in section 2 of the Act is repealed.

(3) Clause (b) of the definition of "spouse" in section 2 of the Act is amended by striking out "two persons of the opposite sex" and substituting "two persons".

Public Libraries Act

60. (1) Subsection 22 (2) of the Public Libraries Act is amended by striking out "surviving spouses, same-sex partners and children" and substituting "surviving spouses and children".

(2) The definition of "same-sex partner" in subsection 22 (4) of the Act is repealed.

(3) Clause (b) of the definition of "spouse" in subsection 22 (4) of the Act is amended by striking out "two persons of the opposite sex" and substituting "two persons".

Public Service Pension Act

61. (1) Clause 14 (1) (c) of the Public Service Pension Act is amended by striking out "the spouse or same-sex partner" and substituting "the spouse".

(2) Subsection 14 (2) of the Act is amended by,

(a) striking out "the spouse or same-sex partner" in clause (a) and substituting "the spouse"; and

(b) striking out "the spouse or same-sex partner" in clause (b) and substituting "the spouse".

(3) Subsection 14 (4) of the Act is amended by striking out "the spouse or same-sex partner" and substituting "the spouse".

(4) Subsection 14 (6) of the Act is amended by striking out "spouse or same-sex partner" in the three places where it appears and substituting in each case "spouse".

(5) Subsection 14 (7) of the Act is repealed and the following substituted:

Definition

(7) Subject to subsection (8), in this section,

"spouse" has the same meaning as in the Pension Benefits Act.

Retail Sales Tax Act

62. (1) Clause 4.2 (4) (e) of the Retail Sales Tax Act is amended by striking out "spouse or same-sex partner" in the four places where it appears and substituting in each case "spouse".

(2) The definition of "same-sex partner" in subsection 4.2 (10) of the Act is repealed.

(3) Paragraph 4 of subsection 7 (5) of the Act is amended by striking out "spouse, same-sex partner or family member" in both places where it appears and substituting in each case "spouse or family member".

(4) Paragraph 6 of subsection 7 (5) of the Act is amended by striking out "spouse, same-sex partner or family member" and substituting "spouse or family member".

(5) The definition of "same-sex partner" in subsection 7 (5.2) of the Act is repealed.

(6) Subsection 8 (1) of the Act is amended by striking out "by bequest, from a member of his or her family or from his or her same-sex partner" and substituting "by bequest from a member of his or her family".

(7) Subsection 8 (3) of the Act is amended by striking out "spouse or same-sex partner" in the four places where it appears and substituting in each case "spouse".

(8) The definition of "same-sex partner" in subsection 8 (4) of the Act is repealed.

(9) The definition of "same-sex partner" in subsection 18.1 (1) of the Act is repealed.

(10) Subsection 18.1 (2) of the Act is amended by striking out "his or her family, to his or her same-sex partner, to an individual" and substituting "his or her family, to an individual".

(11) Subsection 18.1 (8) of the Act is amended by striking out "between spouses or same-sex partners" in the portion before clause (a) and substituting "between spouses".

SARS Assistance and Recovery Strategy Act, 2003

63. (1) Paragraph 1 of subsection 6 (5) of the SARS Assistance and Recovery Strategy Act, 2003 is amended by striking out "spouse or same-sex partner" at the end and substituting "spouse".

(2) Paragraph 2 of subsection 6 (5) of the Act is amended by striking out "the employee, the employee's spouse or the employee's same-sex partner" at the end and substituting "the employee or the employee's spouse".

(3) Paragraph 3 of subsection 6 (5) of the Act is amended by striking out "the employee, the employee's spouse or the employee's same-sex partner" at the end and substituting "the employee or the employee's spouse".

(4) Paragraph 4 of subsection 6 (5) of the Act is amended by striking out "the employee's spouse or same-sex partner" at the end and substituting "the employee's spouse".

(5) Paragraph 5 of subsection 6 (5) of the Act is amended by striking out "The spouse or same-sex partner" at the beginning and substituting "The spouse".

(6) Subsection 6 (6) of the Act is amended by striking out "The definitions of "parent", "same-sex partner" and "spouse"" at the beginning and substituting "The definitions of "parent" and "spouse"".

Securities Act

64. (1) Clause (e) of the definition of "associate" in subsection 1 (1) of the Securities Act 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 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 amended by striking out "or a person of the opposite sex or the same sex with whom the person" and substituting "or with whom the person mentioned in sub-subparagraph B".

(3) Sub-subclause 72 (1) (p) (ii) (D) of the Act is amended by striking out "or a person of the opposite sex or the same sex with whom the person" and substituting "or with whom the person mentioned in sub-subclause (B)".

Substitute Decisions Act, 1992

65. (1) The French version of the definition of "partner" in subsection 1 (1) of the Substitute Decisions Act, 1992 is amended by striking out "selon le cas" at the end of the portion before clause (a).

(2) Clause (a) of the definition of "partner" in subsection 1 (1) of the Act is repealed.

(3) The definition of "spouse" in subsection 1 (1) of the Act is amended by striking out "a person of the opposite sex" in the portion before clause (a) and substituting "a person".

(4) Subsection 11 (1.1) of the Act is amended by,

(a) striking out "living separate and apart within the meaning of the Divorce Act (Canada)" in clause (a) and substituting "living separate and apart as a result of a breakdown of their relationship"; and

(b) striking out "living separate and apart within the meaning of the Divorce Act (Canada)" at the end of clause (b) and substituting "living separate and apart as a result of a breakdown of their relationship".

(5) Subsection 52 (1.1) of the Act is amended by,

(b) striking out "living separate and apart within the meaning of the Divorce Act (Canada)" at the end of clause (b) and substituting "living separate and apart as a result of a breakdown of their relationship".

Succession Law Reform Act

66. (1) The definition of "spouse" in subsection 1 (1) of the Succession Law Reform Act is amended by striking out "a man and woman" in the portion before clause (a) and substituting "two persons".

(2) The French version of clause (a) of the definition of "spouse" in subsection 1 (1) of the Act is amended by striking out "mariés" and substituting "mariées".

(3) Clause (a) of the definition of "dependant" in section 57 of the Act is amended by striking out "the spouse or same-sex partner" at the beginning and substituting "the spouse".

(4) The definition of "same-sex partner" in section 57 of the Act is repealed.

(5) The definition of "spouse" in section 57 of the Act is amended by striking out "a man and woman" in the portion before clause (a) and substituting "two persons".

(6) The French version of clause (a) of the definition of "spouse" in section 57 of the Act is amended by striking out "mariés" and substituting "mariées".

(7) The French version of clause (b) of the definition of "spouse" in section 57 of the Act is amended by striking out "mariés" in the portion before subclause (i) and substituting "mariées".

(8) The French version of subclause (b) (ii) of the definition of "spouse" in section 57 of the Act is amended by striking out "s'ils" and substituting "si elles".

(9) Clause 62 (1) (r) of the Act is amended by,

(a) striking out "spouse or same-sex partner" in the portion before subclause (i) and substituting "spouse";

(b) striking out "spouse or same-sex partner" in subclause (i) and substituting "spouse";

(c) striking out "spouses or same-sex partners" in subclause (ii) and substituting "spouses";

(d) striking out "spouse's or same-sex partner's" in subclause (iii) and substituting "spouse's";

(e) striking out "spouse or same-sex partner" in subclause (iv) and substituting "spouse";

(f) striking out "spouse or same-sex partner" in subclause (v) and substituting "spouse"; and

(g) striking out "in the case of a spouse, any" at the beginning of subclause (vi) and substituting "any".

(10) Subclause 62 (1) (r) (vi.1) of the Act is repealed.

(11) Clause 62 (1) (r) of the Act is amended by,

(a) striking out "spouse's or same-sex partner's" in subclause (vii) and substituting "spouse's"; and

(b) striking out "spouse or same-sex partner" in subclause (viii) and substituting "spouse".

(12) Clause 63 (2) (g) of the Act is amended by striking out "dependant spouse, same-sex partner or child" and substituting "dependant spouse or child".

Tenant Protection Act, 1997

67. (1) The definition of "same-sex partner" in subsection 1 (1) of the Tenant Protection Act, 1997 is repealed.

(2) The definition of "spouse" in subsection 1 (1) of the Act is amended by striking out "a person of the opposite sex" in the portion before clause (a) and substituting "a person".

(3) Clause 3 (i) of the Act is amended by striking out "the owner's spouse, same-sex partner, child or parent or the spouse's or same-sex partner's child or parent, and where the owner, spouse, same-sex partner, child or parent" and substituting "the owner's spouse, child or parent or the spouse's child or parent, and where the owner, spouse, child or parent".

(4) Subsection 32 (1) of the Act is amended by,

(a) striking out "the landlord's spouse or same-sex partner" in paragraph 8 and substituting "the landlord's spouse"; and

(b) striking out "the purchaser's spouse or same-sex partner" in paragraph 9 and substituting "the purchaser's spouse".

(5) Subsection 51 (1) of the Act is amended by striking out "the landlord's spouse or same-sex partner" and substituting "the landlord's spouse".

(6) Subsection 52 (1) of the Act is amended by striking out "the purchaser's spouse or same-sex partner" and substituting "the purchaser's spouse".

(7) Subsection 52 (1.1) of the Act is amended by striking out "the purchaser's spouse or same-sex partner" and substituting "the purchaser's spouse".

(8) Clause 70 (2) (b) of the Act is amended by striking out "spouse or same-sex partner" in both places where it appears and substituting in each case "spouse".

Tobacco Tax Act

68. (1) The definition of "same-sex partner" in subsection 19.1 (1) of the Tobacco Tax Act is repealed.

(2) Subsection 19.1 (2) of the Act is amended by striking out "to a member of his or her family, to his or her same-sex partner, to an individual" and substituting "to a member of his or her family, to an individual".

(3) Subsection 19.1 (8) of the Act is amended by striking out "between spouses or same-sex partners" in the portion before clause (a) and substituting "between spouses".

Toronto Islands Residential Community Stewardship Act, 1993

69. (1) The definition of "same-sex partner" in section 1 of the Toronto Islands Residential Community Stewardship Act, 1993 is repealed.

(2) Section 20 of the Act is amended by,

(a) striking out "his or her spouse, same-sex partner, child" in paragraph 6 and substituting "his or her spouse, child"; and

(b) striking out "his or her spouse, same-sex partner or child" in paragraph 7 and substituting "his or her spouse or child".

(3) Subsection 21 (2) of the Act is amended by striking out "his or her spouse or same-sex partner" and substituting "his or her spouse".

(4) Subsection 21 (3) of the Act is amended by striking out "his or her spouse or same-sex partner" and substituting "his or her spouse".

(5) Subsection 27 (4) of the Act is amended by striking out "his or her spouse or same-sex partner" and substituting "his or her spouse".

Trillium Gift of Life Network Act

70. (1) The definition of "same-sex partner" in subsection 5 (1) of the Trillium Gift of Life Network Act is repealed.

(2) The definition of "spouse" in subsection 5 (1) of the Act is amended by striking out "a person of the opposite sex" in the portion before clause (a) and substituting "a person".

(3) Subsection 5 (2) of the Act is amended by,

(a) striking out "spouse or same-sex partner" in clause (a) and substituting "spouse";

(b) striking out "spouse or same-sex partner" in clause (b) and substituting "spouse";

(c) striking out "spouse, same-sex partner, relative" in clause (g) and substituting "spouse, relative";

(d) striking out "spouse, same-sex partner, relative" in clause (h) and substituting "spouse, relative"; and

(e) striking out "spouse, same-sex partner, relative" in clause (i) and substituting "spouse, relative".

Trustee Act

71. (1) The English version of subsection 47 (1) of the Trustee Act is amended by striking out "husband or wife of the decedent" and substituting "spouse of the decedent".

(2) Section 47 of the Act is amended by adding the following subsection:

Definition

(4) In this section,

"spouse" means a spouse as defined in section 1 of the Family Law Act.

Victims' Bill of Rights, 1995

72. (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 or spouse of the person, both 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, spouse or same-sex partner" in the portion after clause (b) and substituting "dependant or spouse".

(3) Paragraph 1 of subsection 3 (2) of the Act is amended by striking out "is or was a spouse or same-sex partner, both within" and substituting "is or was a spouse, within"

Workplace Safety and Insurance Act, 1997

73. (1) Paragraph 3 of section 1 of the Workplace Safety and Insurance Act, 1997 is amended by striking out "spouses and same-sex partners" and substituting "spouses".

(2) The definition of "same-sex partner" in subsection 2 (1) of the Act is repealed.

(3) The definition of "spouse" in subsection 2 (1) of the Act is amended by striking out "a person of the opposite sex" in the portion before clause (a) and substituting "a person".

(4) The definition of "survivor" in subsection 2 (1) of the Act is amended by striking out "a spouse, same-sex partner, child or dependant" and substituting "a spouse, child or dependant".

(5) The definition of "contributions for employment benefits" in subsection 25 (7) of the Act is amended by striking out "the worker's spouse, same-sex partner, child or dependant" and substituting "the worker's spouse, child or dependant".

(6) Subsection 26 (2) of the Act is amended by striking out "a worker's spouse, same-sex partner, child or dependant" and substituting "a worker's spouse, child or dependant".

(7) Subsection 27 (2) of the Act is amended by striking out "the worker's spouse, same-sex partner, child" and substituting "the worker's spouse, child".

(8) Clause 30 (8) (b) of the Act is amended by striking out "the worker's spouse or same-sex partner" and substituting "the worker's spouse".

(9) Subsection 48 (2) of the Act is amended by,

(a) striking out "surviving spouse or same-sex partner" in the portion before clause (a) and substituting "surviving spouse";

(b) striking out "the spouse's or same-sex partner's age" in clause (a) and substituting "the spouse's age"; and

(c) striking out "the spouse's or same-sex partner's age" in clause (b) and substituting "the spouse's age".

(10) Subsection 48 (3) of the Act is amended by,

(a) striking out "spouse or same-sex partner" in both places where it appears in the portion before clause (a) and substituting in each case "spouse";

(b) striking out "the spouse's or same-sex partner's age" in clause (a) and substituting "the spouse's age"; and

(c) striking out "the spouse's or same-sex partner's age" in clause (b) and substituting "the spouse's age".

(11) Subsection 48 (4) of the Act is amended by striking out "spouse or same-sex partner" in both places where it appears and substituting in each case "spouse".

(12) Subsection 48 (5) of the Act is amended by striking out "spouse or same-sex partner" in the three places where it appears and substituting in each case "spouse".

(13) Subsection 48 (6) of the Act is amended by striking out "a spouse or same-sex partner" and substituting "a spouse".

(14) Subsection 48 (7) of the Act is amended by striking out "spouse or same-sex partner" in the four places where it appears and substituting in each case "spouse".

(15) Subsection 48 (8) of the Act is amended by,

(a) striking out "a spouse or same-sex partner" in the portion before paragraph 1 and substituting "a spouse";

(b) striking out "the spouses or same-sex partners" in paragraph 1 and substituting "the spouses";

(c) striking out "the spouses or same-sex partners" in paragraph 2 and substituting "the spouses";

(d) striking out "the spouses or same-sex partners" in the portion of paragraph 3 before subparagraph i and substituting "the spouses";

(e) striking out "each spouse or same-sex partner" in subparagraph 3 i and substituting "each spouse"; and

(f) striking out "each spouse or same-sex partner" in subparagraph 3 ii and substituting "each spouse".

(16) Subsection 48 (9) of the Act is amended by striking out "a spouse or same-sex partner" and substituting "a spouse".

(17) Subsection 48 (11) of the Act is amended by striking out "the spouse or same-sex partner" and substituting "the spouse".

(18) Subsection 48 (12) of the Act is amended by striking out "the spouse, same-sex partner" and substituting "the spouse".

(19) Subsection 48 (13) of the Act is amended by striking out "no spouse or same-sex partner" and substituting "no spouse".

(20) Subsection 48 (14) of the Act is amended by striking out "spouse or same-sex partner" in both places where it appears and substituting in each case "spouse".

(21) Subsection 48 (15) of the Act is amended by striking out "spouse or same-sex partner" in both places where it appears and substituting in each case "spouse".

(22) Subsection 48 (19) of the Act is amended by striking out "the spouse or same-sex partner" and substituting "the spouse".

(23) Subsection 48 (20) of the Act is amended by,

(a) striking out "the spouse or same-sex partner" in the portion before paragraph 1 and substituting "the spouse"; and

(b) striking out "a spouse or same-sex partner" in paragraph 1 and substituting "a spouse".

(24) Subsection 48 (21) of the Act is amended by striking out "no spouse, same-sex partner or children" in the portion before paragraph 1 and substituting "no spouse or children".

(25) Subsection 60 (2) of the Act is amended by striking out "the worker's spouse, same-sex partner or parent" and substituting "the worker's spouse or parent".

(26) Subsection 60 (4) of the Act is amended by striking out "the person's spouse or same-sex partner" and substituting "the person's spouse".

(27) Subsection 65 (1) of the Act is amended by striking out "his or her spouse (as defined in Part III of the Family Law Act), same-sex partner (as defined in Part III of the Family Law Act), children" and substituting "his or her spouse (as defined in Part III of the Family Law Act), children".

(28) Sections 103.1, 103.2 and 103.3 of the Act are repealed and the following substituted:

Definition of "spouse"

103.1 The definition of "spouse" in subsection 1 (1) of the pre-1997 Act shall be deemed to be repealed and the following substituted:

"spouse" means either of two persons who, at the time of death of the one who was the worker, were cohabiting and,

(a) were married to each other, or

(b) were living together in a conjugal relationship outside marriage and,

(i) had cohabited for at least one year,

(ii) were together the parents of a child, or

(iii) had together entered into a cohabitation agreement under section 53 of the Family Law Act.

(29) Subsection 104 (0.1) of the Act is repealed.

(30) Subsection 35 (2) of the pre-1997 Act, as set out in subsection 104 (2) of the Act, is amended by striking out "spouse or same-sex partner" and substituting "spouse".

(31) Subsection 35 (3) of the pre-1997 Act, as set out in subsection 104 (2) of the Act, is amended by striking out "spouse or same-sex partner" in both places where it appears and substituting in each case "spouse".

(32) 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 or same-sex partner" at the end and substituting "spouse".

(33) 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 or same-sex partner" and substituting "spouse".

(34) 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 or same-sex partner" and substituting "spouse".

(35) 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 "the request of the spouse or same-sex partner" and substituting "the request of the spouse"; and

(b) striking out "the spouse, same-sex partner or children" and substituting "the spouse or children".

(36) Subsections 104 (3) to (12) of the Act are repealed.

(37) Section 105.1 of the Act is repealed.

(38) Sections 107.1, 107.2 and 107.3 of the Act are repealed.

(39) Sections 108.1, 108.2, 108.3, 108.4 and 108.5 of the Act are repealed.

(40) Paragraph 10 of subsection 118 (2) of the Act is amended by striking out "a spouse, same-sex partner, child or dependant" and substituting "a spouse, child or dependant".

(41) Clause 159 (2) (h) of the Act is amended by striking out "or the spouse or same-sex partner" and substituting "or the spouse".

Commencement and Short Title

Commencement

74. (1) Subject to subsections (2) and (3), this Act comes into force on the day it receives Royal Assent.

Same

(2) Sections 9, 43, 44, 45, 46, 50, 54, 56 and 69 come into force on a day to be named by proclamation of the Lieutenant Governor.

Same

(3) Sections 53 and 61 come into force on the same day that subsection 56 (3) comes into force.

Short title

75. The short title of this Act is the Spousal Relationships Statute Law Amendment Act, 2005.

EXPLANATORY NOTE

This Explanatory Note was written as a reader's aid to Bill 171 and does not form part of the law. Bill 171 has been enacted as Chapter 5 of the Statutes of Ontario, 2005.

Until June 10, 2003, the common law definition of marriage in Ontario was "the voluntary union for life of one man and one woman, to the exclusion of all others". On that date, the Ontario Court of Appeal ruled that the exclusion of same-sex couples from the definition violates the guarantee of equality rights in section 15 of the Canadian Charter of Rights and Freedoms and that the violation cannot be justified in a free and democratic society. The Court reformulated the common law definition of marriage as "the voluntary union for life of two persons to the exclusion of all others", effective immediately. Accordingly, since June 10, 2003, it has been lawful for same-sex couples to marry in Ontario. The Court's decision is cited as Halpern v. Canada (Attorney General), (2003) 65 O.R. (3d) 161 (C.A.), and is available on the Internet at www.ontariocourts.on.ca/decisions/2003/june/halpernC39172.htm.

Although there are a number of variations, the term "spouse" has been defined in many Ontario statutes to include opposite-sex couples who are married or who live together in conjugal relationships outside marriage. The use of this approach dates back to 1978. In 1999, when Ontario statutes were amended to extend to same-sex couples the same rights and obligations of opposite-sex couples who live together in conjugal relationships outside marriage, the term "same-sex partner" was added to many statutes. In most cases, the existing definitions of "spouse" and "same-sex partner" do not cover same-sex couples who are married. The Bill amends Ontario statutes to reflect the fact that, since June 10, 2003, it has been possible for same-sex couples to marry in Ontario. The general approach of the Bill is to replace the existing terminology and use the term "spouse" to include opposite-sex couples and same-sex couples who are married or who live together in conjugal relationships outside marriage.

The Marriage Act and the Human Rights Code are amended to make clear that a religious official is not required to solemnize a marriage, to allow a sacred place to be used for solemnizing a marriage or for an event related to the solemnization of a marriage, or to otherwise assist in the solemnization of a marriage, if to do so would be contrary to the religious official's religious beliefs or the doctrines of the religious body to which he or she belongs.

[38] Bill 171 Original (PDF)