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

BILL 38 -- 1998

PENSION STATUTES AMENDMENT ACT (No. 2), 1998

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

 
Legislative Assembly Allowances and Pension Act

1 Section 1 of the Legislative Assembly Allowances and Pension Act, R.S.B.C. 1996, c. 257, is amended

(a) by adding the following definition:

"spouse" means, in relation to another person,

(a) if there is no person to whom paragraph (b) or (c) applies, a person who at the relevant time was married to that other person,

(b) a person who lived with that other person as husband and wife for the 2 year period immediately preceding the relevant time, or

(c) a person of the same gender who lived in a marriage-like relationship with that other person for the 2 year period immediately preceding the relevant time; , and

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

"surviving spouse" means a person who was the spouse of a member immediately before the member's death; .

2 Section 22 (4) is amended by striking out "after the date of his or her marriage," and substituting "after the date the member has a spouse,".

3 Section 31 is amended by adding the following subsection:

(3) If an allowance or a right that would have been provided under this Act to a same gender spouse is limited by Income Tax Act (Canada) requirements, the difference between what would have been provided and what is actually provided under this Part must be provided from the supplemental benefits account under the Pension (Public Service) Act.

4 Section 32 (2) (a) is amended by striking out "spouse and of their marriage;" and substituting "spouse;".

 
Pension (College) Act

5 Section 1 (1) of the Pension (College) Act, R.S.B.C. 1996, c. 353, is amended by repealing the definition of "spouse" and substituting the following:

"spouse" means, in relation to another person,

(a) if there is no person to whom paragraph (b) or (c) applies, a person who at the relevant time was married to that other person,

(b) a person who lived with that other person as husband and wife for the 2 year period immediately preceding the relevant time, or

(c) a person of the same gender who lived in a marriage-like relationship with that other person for the 2 year period immediately preceding the relevant time; .

6 Section 18 (1) is amended by striking out "is divorced and there is a written agreement or court order" and substituting "is separated or divorced and there is a written agreement or court order made under Part 5 or 6 of the Family Relations Act".

7 Section 19 (2) is amended

(a) in paragraph (a) by striking out "is unmarried," and substituting "does not have a spouse,", and

(b) in paragraph (b) by striking out "is married," and substituting "has a spouse," .

8 Section 20 is amended

(a) in subsection (3) by adding ", if permitted by the Income Tax Act (Canada)," after "the spouse",

(b) by adding the following subsection:

(4.1) With respect to a marriage-like relationship, subsection (4) applies regardless of whether a nomination was made or a marriage-like relationship was established with the contributor before or after the date this subsection comes into force.,

(c) in subsection (5) by striking out "is divorced and remarried and, as a result of a written agreement or a court order made under" and substituting "is separated or divorced and currently has a spouse and, as a result of a written agreement or court order made under Part 5 or 6 of", and

(d) in subsection (9) by striking out "is divorced and, as a result of a written agreement or court order" and substituting "is separated or divorced and, as a result of a written agreement or court order made under Part 5 or 6 of the Family Relations Act".

9 Section 26 is amended by adding the following subsection:

(5) If a benefit or a right that would have been provided under this Act to a same gender spouse is limited by Income Tax Act (Canada) requirements, the difference between what would have been provided and what is actually provided under Part 3 must be provided under this Part.

 
Pension (Municipal) Act

10 Section 1 (1) of the Pension (Municipal) Act, R.S.B.C. 1996, c. 355, is amended by repealing the definition of "spouse" and substituting the following:

"spouse" means, in relation to another person,

(a) if there is no person to whom paragraph (b) or (c) applies, a person who at the relevant time was married to that other person,

(b) a person who lived with that other person as husband and wife for the 2 year period immediately preceding the relevant time, or

(c) a person of the same gender who lived in a marriage-like relationship with that other person for the 2 year period immediately preceding the relevant time; .

11 Section 17 (2) is amended by adding ", or there is filed with the commissioner a written agreement or court order made under Part 5 or 6 of the Family Relations Act with the same effect," after "employee has a spouse".

12 Section 20 (1) is amended by striking out "is divorced and there is a written agreement or court order" and substituting "is separated or divorced and there is a written agreement or court order under Part 5 or 6 of the Family Relations Act".

13 Section 21 (10) (a) is amended by striking out "is a married contributor," and substituting "has a spouse,".

14 Section 22 is amended

(a) in subsection (2) (a) (i) by striking out "contributor's last marriage," and substituting "contributor's last marriage or marriage-like relationship,",

(b) in subsection (3) by adding ", if permitted by the Income Tax Act (Canada)," after "the spouse",

(c) by adding the following subsection:

(5.1) With respect to a marriage-like relationship, subsection (5) applies regardless of whether a nomination was made or a marriage-like relationship was established with the contributor before or after the date this subsection comes into force. ,

(d) in subsection (7) by striking out "is divorced and remarried and, as a result of a written agreement or a court order made under" and substituting "is separated or divorced and currently has a spouse and, as a result of a written agreement or court order made under Part 5 or 6 of",

(e) in subsection (9) by striking out "is divorced and remarried and, as a result of a written agreement or court order," and substituting "is separated or divorced and currently has a spouse and, as a result of a written agreement or court order made under Part 5 or 6 of the Family Relations Act," and by striking out "employee's last marriage" and substituting "employee's last marriage or marriage-like relationship", and

(f) in subsection (10) by striking out "is divorced and, as a result of a written agreement or court order," and substituting "is separated or divorced and, as a result of a written agreement or court order made under Part 5 or 6 of the Family Relations Act,".

15 Section 29 is amended by adding the following subsection:

(6) If a benefit or a right that would have been provided under this Act to a same gender spouse is limited by Income Tax Act (Canada) requirements, the difference between what would have been provided and what is actually provided under Part 3 must be provided under this Part.

 
Pension (Public Service) Act

16 Section 1 (1) of the Pension (Public Service) Act, R.S.B.C. 1996, c. 356, is amended by repealing the definition of "spouse" and substituting the following:

"spouse" means, in relation to another person,

(a) if there is no person to whom paragraph (b) or (c) applies, a person who at the relevant time was married to that other person,

(b) a person who lived with that other person as husband and wife for the 2 year period immediately preceding the relevant time, or

(c) a person of the same gender who lived in a marriage-like relationship with that other person for the 2 year period immediately preceding the relevant time;.

17 Section 18 (4) is amended by adding ", or there is filed with the commissioner a written agreement or court order made under Part 5 or 6 of the Family Relations Act with the same effect," after "contributor has a spouse".

18 Section 25 (1) is amended by striking out "is divorced and there is a written agreement or court order" and substituting "is separated or divorced and there is a written agreement or court order made under Part 5 or 6 of the Family Relations Act".

19 Section 26 is amended

(a) in subsection (2) by adding ", if permitted by the Income Tax Act (Canada)," after "the spouse", and

(b) in subsection (4) by striking out "is divorced and remarried and, as a result of a written agreement or a court order made under" and substituting "is separated or divorced and currently has a spouse and, as a result of a written agreement or court order made under Part 5 or 6 of".

20 Section 29 is amended

(a) in subsection (3) by striking out "contributor's marriage," and substituting "contributor's marriage or marriage-like relationship was established with the contributor,",

(b) in subsection (4) by striking out "is divorced and remarried and, as a result of a written agreement or court order," and substituting "is separated or divorced and currently has a spouse and, as a result of a written agreement or court order made under Part 5 or 6 of the Family Relations Act,",

(c) by adding the following subsection:

(5.1) With respect to a marriage-like relationship, subsection (3) applies regardless of whether a nomination was made or a marriage-like relationship was established with the contributor before or after the date this subsection comes into force., and

(d) in subsection (7) by striking out "is divorced and, as a result of a written agreement or court order," and substituting "is separated or divorced and, as a result of a written agreement or court order made under Part 5 or 6 of the Family Relations Act,".

21 Section 42 is amended by adding the following subsection:

(6) If a benefit or a right that would have been provided under this Act to a same gender spouse is limited by Income Tax Act (Canada) requirements, the difference between what would have been provided and what is actually provided under Part 3 must be provided under this Part.

 
Pension (Teachers) Act

22 Section 1 (1) of the Pension (Teachers) Act, R.S.B.C. 1996, c. 357, is amended by repealing the definition of "spouse" and substituting the following:

"spouse" means, in relation to another person,

(a) if there is no person to whom paragraph (b) or (c) applies, a person who at the relevant time was married to that other person,

(b) a person who lived with that other person as husband and wife for the 2 year period immediately preceding the relevant time, or

(c) a person of the same gender who lived in a marriage-like relationship with that other person for the 2 year period immediately preceding the relevant time;.

23 Section 16 (3) is amended by adding ", or there is filed with the commissioner a written agreement or court order made under Part 5 or 6 of the Family Relations Act with the same effect," after "employee has a spouse".

24 Section 19 (1) is amended by striking out "is divorced and there is a written agreement or court order" and substituting "is separated or divorced and there is a written agreement or court order made under Part 5 or 6 of the Family Relations Act".

25 Section 21 is amended

(a) in subsection (2) by adding ", if permitted by the Income Tax Act (Canada)," after "the spouse",

(b) by adding the following subsection:

(3.1) With respect to a marriage-like relationship, subsection (3) applies regardless of whether a nomination was made or a marriage-like relationship was established with the contributor before or after the date this subsection comes into force.,

(c) in subsection (5) (a) by striking out "employee's last marriage" and substituting "employee's last marriage or marriage-like relationship" , and

(d) in subsection (8) by striking out "is divorced and, as a result of a written agreement or court order," and substituting "is separated or divorced and, as a result of a written agreement or court order made under Part 5 or 6 of the Family Relations Act,".

26 Section 27 is amended by adding the following subsection:

(5) If a benefit or a right that would have been provided under this Act to a same gender spouse is limited by Income Tax Act (Canada) requirements, the difference between what would have been provided and what is actually provided under Part 3 must be provided under this Part.

 
Explanatory Notes

SECTION 1: [Legislative Assembly Allowances and Pension Act, amends section 1]

(a) adds a definition of "spouse";

(b) re-enacts the definition of "surviving spouse" to incorporate the new definition of "spouse".

SECTION 2: [Legislative Assembly Allowances and Pension Act, amends section 22 (4)] is consequential to the recognition of same gender spouses.

SECTION 3: [Legislative Assembly Allowances and Pension Act, adds section 31 (3)] authorizes, for Income Tax Act (Canada) purposes, the establishment of an off- side arrangement to provide same sex spousal benefits.

SECTION 4: [Legislative Assembly Allowances and Pension Act, amends section 32 (2) (a)] is consequential to the recognition of same gender spouses.

SECTION 5: [Pension (College) Act, amends section 1 (1)] re-enacts the definition of "spouse" to include persons of the same gender who live in a marriage-like relationship.

SECTION 6: [Pension (College) Act, amends section 18 (1)] is consequential to the recognition of same gender spouses.

SECTION 7: [Pension (College) Act, amends section 19 (2)]

(a) and (b) is consequential to the recognition of same gender spouses.

SECTION 8: [Pension (College) Act, amends section 20]

(a) to (d) is consequential to the recognition of same gender spouses.

SECTION 9: [Pension (College) Act, adds section 26 (5)] authorizes, for Income Tax Act (Canada) purposes, the establishment of an off-side arrangement to provide same sex spousal benefits.

SECTION 10: [Pension (Municipal) Act, amends section 1 (1)] re-enacts the definition of "spouse" to include persons of the same gender who live in a marriage-like relationship.

SECTION 11: [Pension (Municipal) Act, amends section 17 (2)] is consequential to the recognition of same gender spouses.

SECTION 12: [Pension (Municipal) Act, amends section 20 (1)] is consequential to the recognition of same gender spouses.

SECTION 13: [Pension (Municipal) Act, amends section 21 (10) (a)] is consequential to the recognition of same gender spouses.

SECTION 14: [Pension (Municipal) Act, amends section 22]

(a) to (f) is consequential to the recognition of same gender spouses.

SECTION 15: [Pension (Municipal) Act, adds section 29 (6)] authorizes, for Income Tax Act (Canada) purposes, the establishment of an off-side arrangement to provide same sex spousal benefits.

SECTION 16: [Pension (Public Service) Act, amends section 1 (1)] re-enacts the definition of "spouse" to include persons of the same gender who live in a marriage-like relationship.

SECTION 17: [Pension (Public Service) Act, amends section 18 (4)] is consequential to the recognition of same gender spouses.

SECTION 18: [Pension (Public Service) Act, amends section 25 (1)] is consequential to the recognition of same gender spouses.

SECTION 19: [Pension (Public Service) Act, amends section 26]

(a) and (b) is consequential to the recognition of same gender spouses.

SECTION 20: [Pension (Public Service) Act, amends section 29]

(a) to (d) is consequential to the recognition of same gender spouses.

SECTION 21: [Pension (Public Service) Act, adds section 42 (6)] authorizes, for Income Tax Act (Canada) purposes, the establishment of an off-side arrangement to provide same sex spousal benefits.

SECTION 22: [Pension (Teachers) Act, amends section 1 (1)] re-enacts the definition of "spouse" to include persons of the same gender who live in a marriage-like relationship.

SECTION 23: [Pension (Teachers) Act, amends section 16 (3)] is consequential to the recognition of same gender spouses.

SECTION 24: [Pension (Teachers) Act, amends section 19 (1)] is consequential to the recognition of same gender spouses.

SECTION 25: [Pension (Teachers) Act, amends section 21]

(a) to (d) is consequential to the recognition of same gender spouses.

SECTION 26: [Pension (Teachers) Act, adds section 27 (5)] authorizes, for Income Tax Act (Canada) purposes, the establishment of an off-side arrangement to provide same sex spousal benefits.


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