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2000 Legislative Session: 4th Session, 36th Parliament

FIRST READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

HONOURABLE ANDREW PETTER

ATTORNEY GENERAL AND MINISTER

RESPONSIBLE FOR HUMAN RIGHTS

BILL 21 – 2000

DEFINITION OF SPOUSE AMENDMENT ACT, 2000

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

Adult Guardianship Act

Section 1 of the Adult Guardianship Act, R.S.B.C. 1996, c. 6, is amended by repealing the definition of "spouse"

and substituting the following:

"spouse" means a person who

(

a) is married to another person, and is not living separate and apart, within the meaning of the Divorce Act (Canada), from the other person, or

(

b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender.

Section 53 (3) (

b) is amended by adding "the adult's spouse or" after "may

allow" .

Chiropractors Act

Section 12 of the Chiropractors Act, R.S.B.C. 1996, c. 48, is amended

(

a) by repealing subsection (1) (c) (iii), and

(

b) by adding the following subsection:

(1.1) In subsection (1) (c) (ii), "spouse" means a person who

(

a) is married to another person, or

(

b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender.

Company Act

Section 1 (1) of the Company Act, S.B.C. 1999, c. 27, is amended by repealing the definition of "spouse"

and substituting the following:

"spouse" means a person who

(

a) is married to another person, or

(

b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender; .

Court Order Enforcement Act

Section 49 of the Court Order Enforcement Act, R.S.B.C. 1996, c. 78, is repealed.

Credit Union Incorporation Act

Section 1 (1) of the Credit Union Incorporation Act, R.S.B.C. 1996, c. 82, is amended by repealing the definition of "spouse"

and substituting the following:

"spouse" means a person who

(

a) is married to another person, or

(

b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender; .

Criminal Injury Compensation Act

Section 1 (1) of the Criminal Injury Compensation Act, R.S.B.C. 1996, c. 85, is amended

(

a) by repealing paragraph (a) (

i) of the definition of "immediate family member"

and substituting the following:

(

i) spouse means the individual recognized under subsection (2) as the spouse of the victim, and , and

(

b) by adding the following definition:

"spouse" means a person who

(

a) is married to another person, or

(

b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender; .

Definition of Spouse Amendment Act, 1999

Section 1 (

b) of the Definition of Spouse Amendment Act, 1999, S.B.C. 1999, c. 29, is repealed and the following substituted:

(

b) by repealing subsection (1) (

b) and substituting the following:

(

b) if living with the deceased at the time of death, a person who

(

i) was married to the deceased, or

(ii) was living and cohabiting with the deceased in a marriage-like relationship, including a marriage-like relationship between persons of the same gender; .

Section 2 (

b) and (

c) is repealed and the following substituted:

(

b) in subsection (1) (

a) by striking out everything after "time of

death," , and

(

c) by adding the following subsection:

(2) In subsection (1) (a), "spouse" means a person who

(

a) was married to the deceased, or

(

b) was living and cohabiting with the deceased in a marriage-like relationship, including a marriage-like relationship between persons of the same gender.

Section 3 is repealed and the following substituted:

Section 17 of the Coroners Act, R.S.B.C. 1996, c. 72, is amended by adding the following subsection:

(4) For the purposes of subsection (3), "spouse" means a person who

(

a) was married to the deceased, or

(

b) was living and cohabiting with the deceased in a marriage-like relationship, including a marriage-like relationship between persons of the same gender.

Section 4 (

a) is repealed and the following substituted:

(

a) in the definition of "common law spouse" by repealing paragraph (

b) and substituting the following:

(

b) a person who has lived and cohabited with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender, for a period of at least 2 years immediately before the other person's death; , and .

Section 16 (

a) to (

c) is repealed and the following substituted:

(

a) by repealing the definition of "spouse" and substituting the following:

"spouse" means a person who

(

a) was married to the deceased at the time of death, or

(

b) lived and cohabited with the deceased in a marriage-like relationship, including a marriage-like relationship between persons of the same gender, for a period of at least 2 years ending no earlier than one year before the death; , and

(

b) in the definition of "stepparent" by striking out "husband or wife" and substituting

"spouse" .

Section 17 is repealed and the following substituted:

Section 1 of the Wills Variation Act, R.S.B.C. 1996, c. 490, is amended by adding the following definition:

"spouse" means a person who

(

a) is married to another person, or

(

b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender, and has lived and cohabited in that relationship for a period of at least 2 years.

Election Act

Section 1 of the Election Act, R.S.B.C. 1996, c. 106, is amended by adding the following definition:

"spouse" means a person who

(

a) is married to another person, or

(

b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender; .

Section 32 is amended

(

a) by repealing subsection (2) (

b) and substituting the following:

(

b) as the spouse of an individual referred to in paragraph (a), or , and

(

b) in subsection (4) (

b) by striking out "as described in subsection (2)

(b)," .

Employee Investment Act

Section 1 (1) of the Employee Investment Act, R.S.B.C. 1996, c. 112, is amended by repealing the definition of "spouse"

and substituting the following:

"spouse" means a person who

(

a) is married to another person, or

(

b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender, and has lived and cohabited in that relationship for a continuous period of 6 months; .

Estate Administration Act

17 Sections 96 and 97 of the Estate Administration Act, R.S.B.C. 1996, c. 122, are amended by striking out

"matrimonial" wherever it appears and substituting

"spousal" .

Family Maintenance Enforcement Act

Section 1 (1) of the Family Maintenance Enforcement Act, R.S.B.C. 1996, c. 127, is amended by repealing the definition of "spouse"

and substituting the following:

"spouse" means a person who

(

a) is married to a debtor, or

(

b) is living and cohabiting with a debtor in a marriage-like relationship, including a marriage-like relationship between persons of the same

gender.

Financial Institutions Act

Section 1 (1) of the Financial Institutions Act, R.S.B.C. 1996, c. 141, is amended by repealing the

definitions of "child"

and "spouse" and substituting the following:

"spouse" means a person who

(

a) is married to another person, or

(

b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender; .

Forest Act

Section 53 (1) of the Forest Act, R.S.B.C. 1996, c. 157, is amended by repealing the definition of

"spouse" and substituting the following:

"spouse" means a person who

(

a) is married to another person, or

(

b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender, and has been living and cohabiting in that relationship for the immediately preceding 2 years; .

Health Care (Consent) and Care Facility (Admission) Act

Section 1 of the Health Care (Consent) and Care Facility (Admission) Act, R.S.B.C. 1996, c. 181, is amended by repealing the definition of "spouse"

and substituting the following:

"spouse" means a person who

(

a) is married to another person, and is not living separate and apart, within the meaning of the Divorce Act (Canada), from the other person, or

(

b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender; .

Health Professions Act

Section 43 of the Health Professions Act, R.S.B.C. 1996, c. 183, is amended

(

a) by repealing subsection (1) (d) (iii), and

(

b) by adding the following subsection:

(1.1) In subsection (1) (d) (ii), "spouse" means a person who

(

a) is married to another person, or

(

b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same

gender.

Home Owner Grant Act

Section 1 of the Home Owner Grant Act, R.S.B.C. 1996, c. 194, is amended by repealing the definition of

"spouse" and substituting the following:

"spouse" means a person who

(

a) is married to another person, or

(

b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender, for a period of at least 2 years before the death of either of them or before the filing of an application by either of them under

section 8,

but does not include persons who are spouses as defined in paragraph (

a) who are separated and living apart and

(

c) have entered into a written agreement under which they have agreed to live apart, or

(

d) are subject to an order of the court recognizing the

separation .

Homestead Act

24 The Homestead Act, R.S.B.C. 1996, c. 197, is repealed.

Land Surveyors Act

Section 51 of the Land Surveyors Act, R.S.B.C. 1996, c. 248, is amended

(

a) by repealing subsection (1) (c) (iii), and

(

b) by adding the following subsection:

(1.1) In subsection (1) (c) (ii), "spouse" means a person who

(

a) is married to another person, or

(

b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender, and has been living and cohabiting in that relationship for a period of at least 2 years.

Medicare Protection Act

Section 1 of the Medicare Protection Act, R.S.B.C. 1996, c. 286, is amended by repealing the definition of "spouse"

and substituting the following:

"spouse" means a resident who

(

a) is married to another person, or

(

b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender.

Notaries Act

Section 58 of the Notaries Act, R.S.B.C. 1996, c. 334, is amended

(

a) by repealing subsection (1) (c) (iii), and

(

b) by adding the following subsection:

(1.1) In subsection (1), "spouse" means a person who

(

a) is married to another person, or

(

b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender, and has been living and cohabiting in that relationship for a period of at least 2 years.

Optometrists Act

Section 13 of the Optometrists Act, R.S.B.C. 1996, c. 342, is amended

(

a) by repealing subsection (1) (c) (iii), and

(

b) by adding the following subsection:

(1.1) In subsection (1), "spouse" means a person who

(

a) is married to another person, or

(

b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender.

Pension Benefits Standards Act

Section 1 (1) of the Pension Benefits Standards Act, R.S.B.C. 1996, c. 352, is amended by repealing the definition of

"spouse" and substituting the following:

"spouse" means, in relation to another person,

(

a) a person who at the relevant time was married to that other person, and who, if living separate and apart from that other person at the relevant time, did not live separate and apart from that other person for longer than the 2 year period immediately preceding the relevant time, or

(

b) if paragraph (

a) does not apply, a person who was living and cohabiting with that other person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender, and who had been living and cohabiting in that relationship for a period of at least 2 years immediately preceding the relevant time; .

Podiatrists Act

Section 13 of the Podiatrists Act, R.S.B.C. 1996, c. 366, is amended

(

a) by repealing subsection (1) (c) (iii), and

(

b) by adding the following subsection:

(1.1) In subsection (1), "spouse" means a person who

(

a) is married to another person, or

(

b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender.

Property Transfer Tax Act

Section 1 (1) of the Property Transfer Tax Act, R.S.B.C. 1996, c. 378, is amended by repealing the

definitions of

"parent" , "related individual" and "spouse"

and substituting the following:

"parent" includes a spouse of the mother or father of the child;

"related individual" means

(

a) a person's spouse, child, grandchild, greatgrandchild, parent, grandparent or greatgrandparent,

(

b) the spouse of a person's child, grandchild or greatgrandchild, or

(

c) the child, parent, grandparent or greatgrandparent of a person's spouse;

"spouse" means a person who

(

a) is married to another person, or

(

b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender, and has been living and cohabiting in that relationship for a continuous period of at least 2 years; .

Section 14 (4) (

r) is amended by striking out "spouse, widow or widower"

and substituting "spouse or surviving spouse" .

Public Sector Pension Plans Act

33 The Public Sector Pension Plans Act, S.B.C. 1999, c. 44, is amended in

section 13 (1) (h) (iv) of

Schedule A and in

section 16 (1) (h) (iv) of Schedules B, C and D by striking out "marriage breakdown,"

and substituting "the breakdown of a marriage or marriage-like

relationship," .

Range Act

Section 20 (1) of the Range Act, R.S.B.C. 1996, c. 396, is amended by adding the following definition:

"spouse" means a person who

(

a) is married to another person, or

(

b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender, and has been living and cohabiting in that relationship for the immediately preceding 2 years.

Representation Agreement Act

Section 1 of the Representation Agreement Act, R.S.B.C. 1996, c. 405, is amended by repealing the definition of "spouse"

and substituting the following:

"spouse" means a person who

(

a) is married to another person, and is not living separate and apart, within the meaning of the Divorce Act (Canada), from the other person, or

(

b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender; .

Securities Act

Section 1 (1) of the Securities Act, R.S.B.C. 1996, c. 418, is amended by repealing the definition of "spouse"

and substituting the following:

"spouse" means a person who

(

a) is married to another person, and is not living separate and apart, within the meaning of the Divorce Act (Canada), from the other person, or

(

b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender; .

Small Business Venture Capital Act

Section 1 (1) of the Small Business Venture Capital Act, R.S.B.C. 1996, c. 429, is amended by repealing the definition of "spouse"

and substituting the following:

"spouse" means a person who

(

a) is married to another person, or

(

b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender, and has lived and cohabited in that relationship for a continuous period of 6 months; .

Utilities Commission Act

Section 54 (1) of the Utilities Commission Act, R.S.B.C. 1996, c. 473, is amended by repealing the definition of

"spouse" and substituting the following:

"spouse" means a person who

(

a) is married to another person, or

(

b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender, and has lived and cohabited in that relationship for a period of at least 2 years; .

Victims of Crime Act

Section 1 of the Victims of Crime Act, R.S.B.C. 1996, c. 478, is amended by repealing the definition of "spouse"

and substituting the following:

"spouse" means a person who

(

a) is married to another person, or

(

b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender; .

Transitional for existing rights and obligations

(1) For the purposes of transition in the operation of any Act amended by this Act, the Lieutenant Governor in Council may make regulations as follows:

(

a) meeting or removing any difficulty arising out of the transition;

(

b) preserving and giving effect to the rights of persons accrued or accruing before the coming into force of a provision of this Act under

an Act amended by this Act;

(

c) providing that persons who had rights accrued or accruing or obligations incurred before the coming into force of a provision of this Act are exempt from the effect of that provision in respect of those rights or obligations or are exempt from the effect of that provision under terms, conditions or for a time set out in the regulation.

(2) A regulation under subsection (1) may be made to apply generally or to a particular person or class of persons.

Commencement

41 This Act, except sections 5, 8 to 13 and 24, comes into force by regulation of the Lieutenant Governor in Council.

Explanatory Notes

Adult Guardianship Act

SECTION 1: [Adult Guardianship Act, amends

section 1] re-enacts the definition of

"spouse".

SECTION 2: [Adult Guardianship Act, amends

section 53 (3) (b)] adds the adult's spouse

to the list of persons who may assist the adult to understand a support and assistance

plan.

Chiropractors Act

SECTION 3: [Chiropractors Act, amends

section 12] repeals

section 12 (1) (c) (iii) and adds

a definition of "spouse".

Company Act

SECTION 4: [Company Act, amends

section 1 (1)] re-enacts the definition of "spouse".

Court Order Enforcement Act

SECTION 5: [Court Order Enforcement Act, repeals

section 49] is consequential to the

repeal of the Homestead Act.

Credit Union Incorporation Act

SECTION 6: [Credit Union Incorporation Act, amends

section 1 (1)] re-enacts the definition

of "spouse".

Criminal Injury Compensation Act

SECTION 7: [Criminal Injury Compensation Act, amends

section 1 (1)] amends the definition

of "immediate family member" and adds a definition of "spouse".

Definition of Spouse Amendment Act, 1999

SECTION 8: [Definition of Spouse Amendment Act, 1999, repeals and replaces

section 1 (b)] re-enacts an amendment to

section 51 of the Cemetery and

Funeral Services Act.

SECTION 9: [Definition of Spouse Amendment Act, 1999, repeals and replaces

section 2 (

b) and (c)] re-enacts amendments to

section 59 of the Cemetery and

Funeral Services Act.

SECTION 10: [Definition of Spouse Amendment Act, 1999, re-enacts

section 3] re-enacts an

amendment to

section 17 of the Coroners Act.

SECTION 11: [Definition of Spouse Amendment Act, 1999, repeals and replaces

section 4 (a)] re-enacts an amendment to

section 1 of the Estate Administration

Act.

SECTION 12: [Definition of Spouse Amendment Act, 1999, amends

section 16] re-enacts

amendments to

section 1 of the Family Compensation Act.

SECTION 13: [Definition of Spouse Amendment Act, 1999, re-enacts

section 17] re-enacts

an amendment to

section 1 of the Wills Variation Act.

Election Act

SECTION 14: [Election Act, amends

section 1] adds a definition of "spouse".

SECTION 15: [Election Act, amends

section 32] is consequential to the definition of

"spouse".

Employee Investment Act

SECTION 16: [Employee Investment Act, amends

section 1 (1)] re-enacts the definition of

"spouse".

Estate Administration Act

SECTION 17: [Estate Administration Act, amends sections 96 and 97] is self-explanatory.

Family Maintenance Enforcement Act

SECTION 18: [Family Maintenance Enforcement Act, amends

section 1 (1)] re-enacts the

definition of "spouse".

Financial Institutions Act

SECTION 19: [Financial Institutions Act, amends

section 1 (1)] repeals the definition of a

word not used in the Act and re-enacts the definition of "spouse".

Forest Act

SECTION 20: [Forest Act, amends

section 53 (1)] re-enacts the definition of "spouse".

Health Care (Consent) and Care Facility (Admission) Act

SECTION 21: [Health Care (Consent) and Care Facility (Admission) Act, amends

section 1] re-enacts the definition of "spouse".

Health Professions Act

SECTION 22: [Health Professions Act, amends

section 43] repeals

section 43 (1) (d) (iii)

and adds a definition of "spouse".

Home Owner Grant Act

SECTION 23: [Home Owner Grant Act, amends

section 1] re-enacts the definition of

"spouse".

Homestead Act

SECTION 24: [Homestead Act, repeals the Act] repeals an obsolete Act rather than amend it

to adjust references to "spouse".

Land Surveyors Act

SECTION 25: [Land Surveyors Act, amends

section 51] repeals

section 51 (1) (c) (iii) and

adds a definition of "spouse".

Medicare Protection Act

SECTION 26: [Medicare Protection Act, amends

section 1] re-enacts the definition of

"spouse".

Notaries Act

SECTION 27: [Notaries Act, amends

section 58] repeals

section 58 (1) (c) (iii) and adds a

definition of "spouse".

Optometrists Act

SECTION 28: [Optometrists Act, amends

section 13] repeals

section 13 (1) (c) (iii) and adds

a definition of "spouse".

Pension Benefits Standards Act

SECTION 29: [Pension Benefits Standards Act, amends

section 1 (1)] re-enacts the definition

of "spouse".

Podiatrists Act

SECTION 30: [Podiatrists Act, amends

section 13] repeals

section 13 (1) (c) (iii) and adds a

definition of "spouse".

Property Transfer Tax Act

SECTION 31: [Property Transfer Tax Act, amends

section 1 (1)] re-enacts the

definitions of

"parent", "related individual" and "spouse".

SECTION 32: [Property Transfer Tax Act, amends

section 14 (4) (r)] is self-explanatory.

Public Sector Pension Plans Act

SECTION 33: [Public Sector Pension Plans Act, amends Schedules A to D] is self-explanatory.

Range Act

SECTION 34: [Range Act, amends

section 20 (1)] adds a definition of "spouse".

Representation Agreement Act

SECTION 35: [Representation Agreement Act, amends

section 1] re-enacts the definition of

"spouse".

Securities Act

SECTION 36: [Securities Act, amends

section 1 (1)] re-enacts the definition of "spouse".

Small Business Venture Capital Act

SECTION 37: [Small Business Venture Capital Act, amends

section 1 (1)] re-enacts the definition

of "spouse".

Utilities Commission Act

SECTION 38: [Utilities Commission Act, amends

section 54 (1)] re-enacts the definition of

"spouse".

Victims of Crime Act

SECTION 39: [Victims of Crime Act, amends

section 1] re-enacts the definition of "spouse".

SECTION 40: [Transitional for Acts amended by this Bill] provides a power to make regulations

for the purposes of transition in the operation of any Act amended by

this Bill.

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© 2000: Queen's Printer, Victoria, British Columbia, Canada