First

Session, 46th General Assembly

Elizabeth II, 2008

BILL 17

AN ACT TO AMEND THE

FATAL ACCIDENTS ACT

Received and Read the First Time ...................................................................................................

Second Reading .................................................................................................................................

Committee ............................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE

JEROME P. KENNEDY, Q.C.

Minister of Justice and Attorney General

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTE

This Bill would amend the Fatal Accidents Act to permit unmarried

partners to commence an action under the Act.

A BILL

AN ACT TO AMEND THE FATAL

ACCIDENTS ACT

Analysis

S.2 Amdt.

Definitions

S.4 R&S

By whom action brought

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cF-6

as amended

Section 2 of the Fatal Accidents Act is amended by deleting the word "and"

at the end of paragraph (a), by deleting the period at the end of paragraph (

b) and substituting a semicolon and the word "and" and by adding

immediately after paragraph (

b) the following:

(c) " partner " means

either of 2 persons who have cohabited in a conjugal relationship outside of

marriage

(

i) for a period of at

least 2 years, or

(ii) for a period of at

least one year, where they are, together, the biological or adoptive parents of

a child.

Section 4 of the Act is repealed and the

following substituted:

By whom action

brought

4. An

action under this Act is for the benefit of the wife, husband, partner, parent

and child of the person whose death is caused, and is brought by and in the

name of the executor or administrator of the person deceased.

Earl G. Tucker, Queen's Printer