1998 Legislative Session: 3rd Session, 36th Parliament
FOR REPORT
Certified correct as amended in Committee of the Whole on the 30th day of July, 1998
Ian D. Izard, Law Clerk
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:
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; .
5.1 Section 15 (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 "specified by the commissioner".
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; .
11Section 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".
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 "specified by the commissioner".
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) subsection (2) (a) (ii)
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".
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 "specified by the commissioner".
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,".
21Section 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; .
23Section 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".
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 "specified by the commissioner".
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) subsection (5) (a)
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.
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