1998/99 Legislative Session: 3rd Session, 36th Parliament
THIRD READING


The following electronic version is for informational purposes only.
The printed version remains the official version.


Certified correct as passed Third Reading on the 14th day of July, 1999
Ian D. Izard, Law Clerk


HONOURABLE UJJAL DOSANJH
ATTORNEY GENERAL AND MINISTER RESPONSIBLE FOR
MULTICULTURALISM, HUMAN RIGHTS AND IMMIGRATION


BILL 100 -- 1999

DEFINITION OF SPOUSE AMENDMENT ACT, 1999

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

Cemetery and Funeral Services Act

1 Section 51 of the Cemetery and Funeral Services Act, R.S.B.C. 1996, c. 45, is amended

(a) in subsection (1) by adding "or cremated remains" after "human remains", and

(b) by repealing subsection (1) (b) and substituting the following:

(b) if living with the deceased at the time of death, the spouse of the deceased or a common law spouse as defined in the Estate Administration Act; .

2 Section 59 is amended

(a) by renumbering the section as section 59 (1),

(b) in subsection (1) (a) by striking out "husband or wife" and substituting "a spouse", and

(c) by adding the following subsection:

(2) In subsection (1) (a), "spouse" includes a common law spouse as defined in the Estate Administration Act.


Coroners Act

3 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" includes a common law spouse as defined in the Estate Administration Act.


Estate Administration Act

4 Section 1 of the Estate Administration Act, R.S.B.C. 1996, c. 122, is amended

(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, for a period of at least 2 years immediately before the other person's death, in a marriage-like relationship, including a marriage-like relationship between persons of the same gender; , and

(b) by adding the following definition:

"spouse" includes a common law spouse; .

5 Section 6 (1) (a) and (c) is amended by striking out "widow or widower" and substituting "surviving spouse".

6 Section 11 (2) is amended by adding "spouse," after "creditor,".

7 Section 39 (1) is amended by adding "spouse," after "creditor,".

8 Section 41 (1) is amended by adding "the surviving spouse," after "if".

9 Part 8 is repealed.

10 The following section is added:

Spousal share if 2 or more persons are entitled as spouse

85.1 For the purposes of section 85, if 2 or more persons are entitled as a spouse they share the spousal share in the estate in the portions determined by the court as the court considers just.

11 Sections 121 and 122 are amended by striking out "widow or widower" and substituting "surviving spouse".

12 Section 123 is repealed and the following substituted:

Evidence of entitlement

123 The surviving spouse is entitled to those wages referred to in section 121 on production of an affidavit, sworn before a person authorized under the Evidence Act to administer an oath, stating that the person claiming to be the surviving spouse of the deceased worker is in fact the only person entitled to claim as a surviving spouse.

13 Section 124 is repealed.

14 Section 125 is amended by striking out "widow, widower or common law spouse" and substituting "surviving spouse".

15 The following section is added:

Application to court to determine competing claims

126 If 2 or more persons claim to be the surviving spouse entitled to the wages of a deceased worker, the court may order that the wages be paid to one or more of them in the amounts the court considers just.


Family Compensation Act

16 Section 1 of the Family Compensation Act, R.S.B.C. 1996, c. 126, is amended

(a) by adding the following definition:

"common law spouse" has the same meaning as in the Estate Administration Act; ,

(b) in the definition of "spouse" by repealing paragraph (b) and substituting the following:

(b) the common law spouse of the deceased who lived with the deceased for a period of at least 2 years ending no earlier than one year before the death of the deceased; , and

(c) in the definition of "stepparent" by striking out "husband or wife" and substituting "spouse".


Wills Variation Act

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

"spouse" includes a common law spouse as defined in the Estate Administration Act.

18 Sections 2, 3 (1) (c), 5 (1) (b) and 7 are amended by striking out "wife, husband" wherever it appears and substituting "spouse".

Commencement

19 This Act comes into force by regulation of the Lieutenant Governor in Council.


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