Bill 258 — Second Session, 22Nd Legislature, 39 Elizabeth Ii the Legislative Assembly of Alberta Bill 258 An Act To Amend Certain Statutes On Marital Status (Legislature 22, Session 2)

L22 S2 2782

Alberta — Bills

1990 BILL 258 Second Session, 22nd Legislature, 39 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 258

AN ACT TO AMEND CERTAIN STATUTES ON MARITAL STATUS MS. M. LAII^G First Reading Second Reading Committee of the Whole Third Reading Royal Assent

Bill 258 Ms. M. Laing BILL 258 1990

AN ACT TO AMEND CERTAIN STATUTES ON MARITAL STATUS (Assented to , 1990) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1(1) Tlie Married Women's Act is amended by this section.

(2) Section 2(3) is' repealed. 2(1) Tlie Dower Act is amended by this section.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 (ii) if there is no person to whom subclause (

i) appUes, a person who (

A) lived with that other 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 there is a child born to that person and thc other person, and

Explanatory Notes 1 This

section wiU amend

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

section wiU amend

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

(

B) was, during that period, held out by that other person m the community in which they Uved as his consort. 3(1) The Employment Pensions 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(2) Section l(hh) is repealed and the following is substituted: (hh) "spouse" means, in relation to another person, (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 other person and was not judiciaUy sepeu'ated from him, or (

U) if there is no person to whom subclause (

i) appUes, a person who (

A) lived with that other 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 there is a chUd born to that person and the other person, and (

B) was, during that period, held out by that other person in the community in which they Uved 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, m relation to the deceased, (

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

U) if there is no person to whom subclause (

i) appUes, a person who (

A) Uved with the deceased (

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

3(1) This

section wUl amend

chapter E-10.05 of the Revised Statutes of Alberta by amendmg a definition to give unmarried participants m a relationship the rights of a spouse at an earUer tune.

(2) Section l(hh) presently 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 wiU amend

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

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

B) was, durmg that period, held out by the deceased in the commimity in which they Uved 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 judiciaUy separated from him, or (

U) if there is no person to whom subclause (

i) appUes, a person who (

A) Uved with the intestate (

I) for the 2-year period immediately preceding his death, or (II) for the one-year period immediately preceding his death if there is a chUd 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 1(3) (ii) (

A) is amended (

a) m subparagraph (

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

5 This

section wiU amend

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

section wiU amend

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

section wUl amend

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

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

Section l(

s) presently reads m 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 bom 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 This

section wiU amend

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

definitions to reduce the time in which an uiunarried 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 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 bom to that person and the participant or former participant, and

(

b) m subparagraph (II) by strUdng out "2-year" and substituting "one-year". 8(1) The Public Service Pension Plan is amended by this section.

(2) Section 1(3) (ii) (

A) is amended (

a) by subparagraph (

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

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

(

B) was, during that period, held out by the participant orfonncr participant in the community in which they lived as his consort, or Title: 1990 (22nd 2nd) Bill 258,

An Act to Amend Certain Statutes on Marital Status

Document details

Collection	Alberta — Bills
Citation	L22 S2 2782
Type	bill
Volume / chapter	L22 S2 2782
Language	en
Format	json
Source	PROVINCIAL
Identifier	cf44a4c5c7aba6dede57fa5ca960125d0214dc20

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