Second

Session, 46th General Assembly

Elizabeth II, 2009

BILL 41

AN ACT TO AMEND THE LAW

WITH RESPECT TO

THE DEFINITION OF SPOUSE

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

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

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

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

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

HONOURABLE

FELIX COLLINS

Minister of Justice and Attorney General

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTE

This Bill would amend various of the

province's Acts and regulations to reflect recent developments in the law

respecting spouses. The principal thrust

of the amendments is to change the language of provisions that currently,

either explicitly or implicitly, assume that spouses must be members of the

opposite sex.

A BILL

AN ACT TO AMEND THE LAW WITH RESPECT TO THE

DEFINITION OF SPOUSE

Analysis

Short title

2. Chattels Real Act

City of Corner Brook Act

City of Mount Pearl Act

Evidence Act

6. Family Homes Expropriation Act

Family Law Act

Fatal Accidents Act

9. Jury Act, 1991

10. Legal Aid Regulations

11. Rules of the Supreme Court, 1986

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

1. This Act may be cited as the Spouse Amendment Act .

CHATTELS REAL ACT

RSN1990 cC-11

as amended

2. Subsection 4(1) of the Chattels Real Act is repealed and the following substituted:

Disposition of

chattels real

(1) Two

persons who are spouses of one another shall, for all purposes of acquisition

of an interest in a chattel real, under a disposition made or coming into

operation after May 5, 1972 , be treated as 2 persons.

CITY OF CORNER BROOK ACT

RSN1990 cC-15

as amended

3. Subsection 152(2) of the City of Corner Brook Act is repealed and the following substituted:

(2) Where a person who has a spouse pays real

property tax both the person and his or her spouse are exempt from the poll tax

imposed by the city.

CITY OF MOUNT PEARL ACT

RSN1990 cC-16

as amended

4. Subsection 151(2) of the City of Mount Pearl Act is repealed and the following substituted:

(2) Where a person who has a spouse pays real

property tax both the person and his or her spouse are exempt from the poll tax

imposed by the city.

EVIDENCE ACT

RSN1990 cE-16

as amended

5. (1) Subsection 2(1) of the Evidence Act is amended by deleting the

words "husbands and wives" and substituting the word

"spouses".

(2) Subsection 3(1) of the Act is amended by

deleting the words "husband or wife" and substituting the word

"spouse".

(3) Paragraph 4(

a) of the Act is amended by deleting

the words "wife or husband" and substituting the word

"spouse".

(4) Paragraph 4(

c) of the Act is amended by deleting

the words "husband or wife" and substituting the word

"spouse".

(5) Section 6 of the Act is repealed and the

following substituted:

Spouses not compellable

6. A

person is not compellable to disclose a communication made to him or her by his

or her spouse during the marriage.

FAMILY HOMES EXPROPRIATION ACT

RSNL1990 cF-1

6. Item 3(

c) of the

Schedule to the Family Homes Expropriation Act is repealed

and the following substituted:

(c) 2 persons, with or without children,

unmarried, living together as spouses, notwithstanding there is no tie in blood

or in law;

FAMILY LAW ACT

RSNL1990 cF-2

as amended

7. (1) Paragraph 2(1)(

e) of the Family Law Act is amended by deleting

the words "a man and woman" and substituting the number and word

"2 persons".

(2) Section 29 of the Act is repealed and the

following substituted:

Business assets

29. Where

one spouse has contributed work, money or money's worth in respect of the

acquisition, management, maintenance, operation or improvement of a business

asset of the other spouse, the contributing spouse may apply to the court and

the court shall by order

(

a) direct the other spouse to pay an amount that

the court orders to compensate the contributing spouse; or

(

b) award a share of the interest of the other

spouse in the business asset to the contributing spouse in accordance with the

contribution,

and the court shall determine and assess

the contribution without regard to their spousal relationship or the fact that

the acts constituting the contribution are those of a reasonable spouse in the

circumstances.

(3) Subsection 31(1) of the Act is amended by

deleting the words "husband and wife" and substituting the word

"spouses".

(4) Section 62 of the Act is amended by deleting

the words "A man and a woman" and substituting the words "Two persons".

(5) Subsection 69(1) of the Act is amended by

deleting the words "a man and a woman" and substituting the number and

word "2 persons".

FATAL ACCIDENTS ACT

RSNL1990 cF-6

as amended

Section 4 of the Fatal Accidents Act is repealed and the following substituted:

By whom action

brought

4. An

action under this Act is for the benefit of the spouse, 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.

JURY ACT, 1991

SNL1991 c16

as amended

9. Subsection 10(2)(

a) of the Jury Act, 1991 is repealed and the following substituted:

(a) "family unit" includes 2 persons who

are spouses of one another and a relative of one of the spouses residing in the

same dwelling; and

LEGAL AID REGULATIONS

CNLR 1010/96

as amended

10. Paragraph 1(

h) of

Schedule E of the Legal Aid Regulations is repealed and

the following substituted:

(h) "spouse" means an adult living with

the applicant as a spouse, regardless of legal marital status.

RULES OF THE SUPREME COURT, 1986

(1) Rule 56.02(

a) of the Rules of the Supreme Court, 1986 is

repealed and the following substituted:

(

a) spouse;

(2) Rule 56.07(

b) of the rules is repealed and the

following substituted:

(

b) that neither witness to the will is a

beneficiary or the spouse of a beneficiary named in the will or, if so, that a

named beneficiary or the spouse of a named beneficiary is such a witness; and

Earl G. Tucker, Queen's Printer