1998/99 Legislative Session: 3rd Session, 36th Parliament
FIRST READING
The following electronic version is for informational
purposes only.
The printed version remains the official version.
HONOURABLE UJJAL DOSANJH
ATTORNEY GENERAL AND MINISTER RESPONSIBLE FOR
MULTICULTURALISM, HUMAN RIGHTS AND IMMIGRATION
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9 Part 8 is repealed.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:
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:
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:
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".
19 This Act comes into force by regulation of the Lieutenant Governor in Council.
Cemetery and Funeral Services Act
SECTION 1: [Cemetery and Funeral Services Act, amends section 51 (1)] adds a reference to "cremated remains" and repeals and replaces paragraph (b) to include a common law spouse as defined in the Estate Administration Act.
SECTION 2: [Cemetery and Funeral Services Act, amends section 59] substitutes "spouse" for "husband or wife" and defines "spouse" to include a common law spouse as defined in the Estate Administration Act.
Coroners Act
SECTION 3: [Coroners Act, adds section 17 (4)] defines "spouse" to include a common law spouse as defined in the Estate Administration Act.
Estate Administration Act
SECTION 4: [Estate Administration Act, amends section 1] amends the definition of "common law spouse" to include persons in a marriage-like relationship, including a marriage-like relationship between persons of the same gender, and amends the definition of "spouse" to include a common law spouse.
SECTION 5: [Estate Administration Act, amends section 6 (1) (a) and (c)] replaces references to "widow or widower" with "surviving spouse".
SECTION 6: [Estate Administration Act, amends section 11 (2)] adds the spouse of the deceased to the list of persons who may apply under the subsection.
SECTION 7: [Estate Administration Act, amends section 39 (1)] adds the spouse of the deceased to the list of persons who may apply under the subsection.
SECTION 8: [Estate Administration Act, amends section 41 (1)] adds a reference to the surviving spouse of the deceased to the list of persons in the subsection.
SECTION 9: [Estate Administration Act, repeals Part 8] repeals Part 8.
SECTION 10: [Estate Administration Act, enacts section 85.1] limits the entitlement of competing spouses to sharing in the spousal share and provides a discretion in the court to apportion the spousal share among competing spouses as the court considers just.
SECTION 11: [Estate Administration Act, amends sections 121 and 122] replaces references to "widow or widower" with "surviving spouse".
SECTION 12: [Estate Administration Act, re-enacts section 123] replaces references to "widow or widower" with "surviving spouse" and amends the section consequential to the repeal of section 124 of the Act by this Bill.
SECTION 13: [Estate Administration Act, repeals section 124] repeals the section.
SECTION 14: [Estate Administration Act, amends section 125] replaces the reference to "widow, widower or common law spouse" with "surviving spouse".
SECTION 15: [Estate Administration Act, enacts section 126] provides a discretion in the court to resolve disputes among competing spouses over a deceased worker's wages.
Family Compensation Act
SECTION 16: [Family Compensation Act, amends section 1] adopts the definition of "common law spouse" in the Estate Administration Act, amends the definition of "spouse" to include a common law spouse and makes a consequential change to the definition of "stepparent".
Wills Variation Act
SECTION 17: [Wills Variation Act, amends section 1] adds a definition of "spouse" that includes a common law spouse as defined in the Estate Administration Act.
SECTION 18: [Wills Variation Act, amends sections 2, 3 (1) (c), 5 (1) (b) and 7] is consequential to the new definition of "spouse".
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