1989 BILL 249 F^»*h-Session, ^*st Legislamre, 38 EUzabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 249

AN ACT TO AMEND CERTAIN STATUTES ON MARITAL STATUS MS. M. LAING Fkst Readmg Second Reading Committee of the Whole Thkd Reading Royal Assent

Bill 249 Ms. M. Laing BILL 249 1989

AN ACT TO AMEND CERTAIN STATUTES ON MARITAL STATUS (Assented to , 1989) HER MAJESTY, by and with die advice and consent of die Legislative Assembly of Alberta, enacts as foUows: 1(1) The Married Women's Act is amended by this section.

(2) Section 2(3) is repealed. 2(1) The Dower Act is amended by this section.

(2) Section 1 is amended by adding the following after clause (e): (f) "spouse" means, in relation to another person, (

i) a person who at the relevant time was married to that other person and was not judicially separated from him, or (

U) if there is no person to whom subclause (

i) applies, a person who (

A) lived with that other person (

I) for the 2-year period immediately preceding die relevant time, or (II) for the one-year period immediately preceding the relevant time if there is a chUd bom to that person and die other person, and

Explanatory Notes 1 This secdon wUl amend

chapter M-7 of the Revised Statutes of Alberta 1980 and repeals the provision establishing interspousal immunity. 2 This

section will amend

chapter D-38 of the Revised Statutes of Alberta 1980, by adding a new definition of "spouse" that gives unmarried participants in a relationship the same rights as married after a specified time.

(

B) was, during that period, held out by that other person in the community in which they Uved as his consort. 3(1) The Employment Pension Plans Act is amended by this section.

(2) Section l(hh) is repealed and the following is substituted: (hh) "spouse" means, in relation to another person, (

i) a person who at the relevant time was married to that odier person and was not judiciaUy separated from him, or (

U) if there is no person to whom subclause (

i) applies, a person who (

A) lived with that odier person (

I) for the 2-year period immediately preceding the relevant time, or (II) for the one-year period immediately preceding the relevant time if diere is a child bom to diat person and the other person, and (

B) was, during diat period, held out by that other person in the community in which they lived as his consort. 4(1) The Family Relief Act is amended by this section.

(2) Section 1 is amended by adding the following after clause (h): (i) "spouse" means, in relation to the deceased, (

i) a person who at the relevant time was married to the deceased and was not judiciaUy separated from him, or (ii) if there is no person to whom subclause (

i) applies, a person who (

A) lived with the deceased (

I) for the 2-year period immediately preceding his death, or

3(1) This

section will amend

chapter E-10.05 of the Revised Statutes of Alberta by amending a definition to give unmarried participants in a relationship the rights of a spouse at an earlier time.

(2) Section l(hh) presendy reads: (hh) "spouse" means, in relation to another person, (

i) a person who at the relevant time was married to that other person and was not living separate and apart from him, or (ii) if there is no person to whom subclause (

i) applies, a person of the opposite sex who lived with that other person for the 3-year period immediately preceding the relevant time and was during that period held out by that other person in the community in which they lived as his consort; 4 This

section wUl amend

chapter F-2 of the Revised Statutes of Alberta 1980, by adding a new defmition of "spouse", giving urmiarried participants in a relationship the same rights as married after a specified time.

(II) for the one-year period immediately preceding his death if there is a child bom from that relationship, and (

B) was, during diat period, held out by the deceased in the community in which they lived as his consort.

5(1) The Intestate Succession Act is amended by this section.

(2) Section 1 is amended by adding the following after clause (c): (d) "spouse" means, in relation to the intestate, (

i) a person who was married to the intestate and was not judicially separated from him, or (

U) if there is no person to whom subclause (

i) applies, a person who (

A) lived with the intestate (

I) for the 2-year period immediately preceding his deadi, or (II) for the one-year period immediately preceding his death if diere is a child bom from that relationship, and (

B) was, during that period, held out by the intestate in the community in which they Uved as his consort. 6(1) The Maintenance and Recovery Act is amended by this section.

(2) Section 23 is amended (

a) by repeaUng subsection (l)(b); (

b) by repeaUng subsection (3)(a). 7(1) The Public Service Management Pension Plan Act is amended by this section.

(2) Section l(3)(ii)(

A) is amended (

a) in subparagraph (

I) by stiiking out "5-year" and substituting "2-year"; (

b) in subparagraph (II) by sti-Ucing out "2-year" and substituting "one-year".

5 This

section wiU amend

chapter 1-9 fo the Revised Statutes of Alberta 1980, by adding a new defmition of "spouse", giving unmarried participants in a relationship the same rights as married after a specified time. 6 This

section wUl amend

chapter M-2 of the Revised Statutes of Alberta 1980, by repealing the sections that void maintenance agreements when a woman marries or remarries. 7 This

section wUl amend

chapter P-34.1 of die Statutes of Alberta, 1984, by amending

definitions to reduce the time in which an unmarried participant in a relationship acquires the rights of a spouse.

Section l(

s) presently reads in part: (s) "spouse" means (

i) a person who, at the relevant time, was married to a perticipant or former participant and (

A) was not judicially or other wise separated from him, or (

B) if so separated, whas wholly or substantially dependent on him, (ii) if there is no person to whom subclause (

i) applies, a person of the opposite sex who (

A) lived with the participant or former participant (

I) for the 5-year period immediately preceding the relevant time, or (II) for the 2-year period immediately preceding the relevant time if there is child born to that person and the participant or former participant, and (

B) was, during that period, held out by the participant or former participant in the community in which they lived as his consort, or

8(1) The Public Service Pension Plan Act is amended by this section.

(2) Section l(3)(ii)(

A) is amended (

a) in subparagraph (

I) by sti-iking out "5-year" and substituting "2-year"; (

b) in subparagraph (II) by striking out "2-year" and substituting "one-year".

8 This

section wUl amend

chapter P-35.1 of the Statutes of Alberta, 1948, by amending

definitions to reduce the time in which an unmarried participant in a relationship acquires the rights of a spouse.

Section l(

s) presentiy reads in part: (s) "spouse" means (

i) a person who. at the relevant time, was married to a participant or former participant and (

A) was not judicially or other wise separated from him, or (

B) if so separated, whas wholly or substantially dependent on him, (ii) if there is no person to whom subclause (

i) applies, a person of the opposite sex who (

A) lived with the participant or former participant (

I) for the 5-year period immediately preceding the relevant time, or (II) for the 2-year period immediately preceding the relevant time if there is child born to that person and the participant or former participant, and (

B) was, during that period, held out by the participant or former participant in the community in which they lived as his consort, or Title: 1989 (22nd, 1st) Bill 249,

An Act to Amend Certain Statutes on Marital Status