2000 Legislative Session: 4th 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 5th day of July, 2000
Ian D. Izard, Law Clerk


HONOURABLE ANDREW PETTER
ATTORNEY GENERAL AND MINISTER 
RESPONSIBLE FOR HUMAN RIGHTS

BILL 21 2000

DEFINITION OF SPOUSE AMENDMENT ACT, 2000

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

Adult Guardianship Act

1 Section 1 of the Adult Guardianship Act, R.S.B.C. 1996, c. 6, is amended by repealing the definition of "spouse" and substituting the following:

"spouse" means a person who

(a) is married to another person, and is not living separate and apart, within the meaning of the Divorce Act (Canada), from the other person, or

(b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender.

2 Section 53 (3) (b) is amended by adding "the adult's spouse or" after "may allow".

 
Chiropractors Act

3 Section 12 of the Chiropractors Act, R.S.B.C. 1996, c. 48, is amended

(a) by repealing subsection (1) (c) (iii), and

(b) by adding the following subsection:

(1.1) In subsection (1) (c) (ii), "spouse" means a person who

(a) is married to another person, or

(b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender.

 
Company Act

4 Section 1 (1) of the Company Act, S.B.C. 1999, c. 27, is amended by repealing the definition of "spouse" and substituting the following:

"spouse" means a person who

(a) is married to another person, or

(b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender; .

 
Court Order Enforcement Act

5 Section 49 of the Court Order Enforcement Act, R.S.B.C. 1996, c. 78, is repealed.

 
Credit Union Incorporation Act

6 Section 1 (1) of the Credit Union Incorporation Act, R.S.B.C. 1996, c. 82, is amended by repealing the definition of "spouse" and substituting the following:

"spouse" means a person who

(a) is married to another person, or

(b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender; .

 
Criminal Injury Compensation Act

7 Section 1 (1) of the Criminal Injury Compensation Act, R.S.B.C. 1996, c. 85, is amended

(a) by repealing paragraph (a) (i) of the definition of "immediate family member" and substituting the following:

(i) spouse means the individual recognized under subsection (2) as the spouse of the victim, and , and

(b) by adding the following definition:

"spouse" means a person who

(a) is married to another person, or

(b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender; .

 
Definition of Spouse Amendment Act, 1999

8 Section 1 (b) of the Definition of Spouse Amendment Act, 1999, S.B.C. 1999, c. 29, is repealed and the following substituted:

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

(b) if living with the deceased at the time of death, a person who

(i) was married to the deceased, or

(ii) was living and cohabiting with the deceased in a marriage-like relationship, including a marriage-like relationship between persons of the same gender; .

9 Section 2 (b) and (c) is repealed and the following substituted:

(b) in subsection (1) (a) by striking out everything after "time of death,", and

(c) by adding the following subsection:

(2) In subsection (1) (a), "spouse" means a person who

(a) was married to the deceased, or

(b) was living and cohabiting with the deceased in a marriage-like relationship, including a marriage-like relationship between persons of the same gender.

10 Section 3 is repealed and the following substituted:

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" means a person who

(a) was married to the deceased, or

(b) was living and cohabiting with the deceased in a marriage-like relationship, including a marriage-like relationship between persons of the same gender.

11 Section 4 (a) is repealed and the following substituted:

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

12 Section 16 (a) to (c) is repealed and the following substituted:

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

"spouse" means a person who

(a) was married to the deceased at the time of death, or

(b) lived and cohabited with the deceased in a marriage-like relationship, including a marriage-like relationship between persons of the same gender, for a period of at least 2 years ending no earlier than one year before the death; , and

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

13 Section 17 is repealed and the following substituted:

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

"spouse" means a person who

(a) is married to another person, or

(b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender, and has lived and cohabited in that relationship for a period of at least 2 years.

 
Election Act

14 Section 1 of the Election Act, R.S.B.C. 1996, c. 106, is amended by adding the following definition:

"spouse" means a person who

(a) is married to another person, or

(b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender; .

15 Section 32 is amended

(a) by repealing subsection (2) (b) and substituting the following:

(b) as the spouse of an individual referred to in paragraph (a), or , and

(b) in subsection (4) (b) by striking out "as described in subsection (2) (b),".

 
Employee Investment Act

16 Section 1 (1) of the Employee Investment Act, R.S.B.C. 1996, c. 112, is amended by repealing the definition of "spouse" and substituting the following:

"spouse" means a person who

(a) is married to another person, or

(b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender, and has lived and cohabited in that relationship for a continuous period of 6 months; .

 
Estate Administration Act

17 Sections 96 and 97 of the Estate Administration Act, R.S.B.C. 1996, c. 122, are amended by striking out "matrimonial" wherever it appears and substituting "spousal".

 
Family Maintenance Enforcement Act

18 Section 1 (1) of the Family Maintenance Enforcement Act, R.S.B.C. 1996, c. 127, is amended by repealing the definition of "spouse" and substituting the following:

"spouse" means a person who

(a) is married to a debtor, or

(b) is living and cohabiting with a debtor in a marriage-like relationship, including a marriage-like relationship between persons of the same gender.

 
Financial Institutions Act

19 Section 1 (1) of the Financial Institutions Act, R.S.B.C. 1996, c. 141, is amended by repealing the definitions of "child" and "spouse" and substituting the following:

"spouse" means a person who

(a) is married to another person, or

(b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender; .

 
Forest Act

20 Section 53 (1) of the Forest Act, R.S.B.C. 1996, c. 157, is amended by repealing the definition of "spouse" and substituting the following:

"spouse" means a person who

(a) is married to another person, or

(b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender, and has been living and cohabiting in that relationship for the immediately preceding 2 years; .

 
Health Care (Consent) and Care Facility (Admission) Act

21 Section 1 of the Health Care (Consent) and Care Facility (Admission) Act, R.S.B.C. 1996, c. 181, is amended by repealing the definition of "spouse" and substituting the following:

"spouse" means a person who

(a) is married to another person, and is not living separate and apart, within the meaning of the Divorce Act (Canada), from the other person, or

(b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender; .

 
Health Professions Act

22 Section 43 of the Health Professions Act, R.S.B.C. 1996, c. 183, is amended

(a) by repealing subsection (1) (d) (iii), and

(b) by adding the following subsection:

(1.1) In subsection (1) (d) (ii), "spouse" means a person who

(a) is married to another person, or

(b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender.

 
Home Owner Grant Act

23 Section 1 of the Home Owner Grant Act, R.S.B.C. 1996, c. 194, is amended by repealing the definition of "spouse" and substituting the following:

"spouse" means a person who

(a) is married to another person, or

(b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender, for a period of at least 2 years before the death of either of them or before the filing of an application by either of them under section 8,

but does not include persons who are spouses as defined in paragraph (a) who are separated and living apart and

(c) have entered into a written agreement under which they have agreed to live apart, or

(d) are subject to an order of the court recognizing the separation.

 
Homestead Act

24 The Homestead Act, R.S.B.C. 1996, c. 197, is repealed.

 
Land Surveyors Act

25 Section 51 of the Land Surveyors Act, R.S.B.C. 1996, c. 248, is amended

(a) by repealing subsection (1) (c) (iii), and

(b) by adding the following subsection:

(1.1) In subsection (1) (c) (ii), "spouse" means a person who

(a) is married to another person, or

(b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender, and has been living and cohabiting in that relationship for a period of at least 2 years.

 
Medicare Protection Act

26 Section 1 of the Medicare Protection Act, R.S.B.C. 1996, c. 286, is amended by repealing the definition of "spouse" and substituting the following:

"spouse" means a resident who

(a) is married to another person, or

(b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender.

 
Notaries Act

27 Section 58 of the Notaries Act, R.S.B.C. 1996, c. 334, is amended

(a) by repealing subsection (1) (c) (iii), and

(b) by adding the following subsection:

(1.1) In subsection (1), "spouse" means a person who

(a) is married to another person, or

(b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender, and has been living and cohabiting in that relationship for a period of at least 2 years.

 
Optometrists Act

28 Section 13 of the Optometrists Act, R.S.B.C. 1996, c. 342, is amended

(a) by repealing subsection (1) (c) (iii), and

(b) by adding the following subsection:

(1.1) In subsection (1), "spouse" means a person who

(a) is married to another person, or

(b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender.

 
Pension Benefits Standards Act

29 Section 1 (1) of the Pension Benefits Standards Act, R.S.B.C. 1996, c. 352, is amended by repealing the definition of "spouse" and substituting the following:

"spouse" means, in relation to another person,

(a) a person who at the relevant time was married to that other person, and who, if living separate and apart from that other person at the relevant time, did not live separate and apart from that other person for longer than the 2 year period immediately preceding the relevant time, or

(b) if paragraph (a) does not apply, a person who was living and cohabiting with that other person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender, and who had been living and cohabiting in that relationship for a period of at least 2 years immediately preceding the relevant time; .

 
Podiatrists Act

30 Section 13 of the Podiatrists Act, R.S.B.C. 1996, c. 366, is amended

(a) by repealing subsection (1) (c) (iii), and

(b) by adding the following subsection:

(1.1) In subsection (1), "spouse" means a person who

(a) is married to another person, or

(b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender.

 
Property Transfer Tax Act

31 Section 1 (1) of the Property Transfer Tax Act, R.S.B.C. 1996, c. 378, is amended by repealing the definitions of "parent", "related individual" and "spouse" and substituting the following:

"parent" includes a spouse of the mother or father of the child;

"related individual" means

(a) a person's spouse, child, grandchild, greatgrandchild, parent, grandparent or greatgrandparent,

(b) the spouse of a person's child, grandchild or greatgrandchild, or

(c) the child, parent, grandparent or greatgrandparent of a person's spouse;

"spouse" means a person who

(a) is married to another person, or

(b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender, and has been living and cohabiting in that relationship for a continuous period of at least 2 years; .

32 Section 14 (4) (r) is amended by striking out "spouse, widow or widower" and substituting "spouse or surviving spouse".

 
Public Sector Pension Plans Act

33 The Public Sector Pension Plans Act, S.B.C. 1999, c. 44, is amended in section 13 (1) (h) (iv) of Schedule A and in section 16 (1) (h) (iv) of Schedules B, C and D by striking out "marriage breakdown," and substituting "the breakdown of a marriage or marriage-like relationship,".

 
Range Act

34 Section 20 (1) of the Range Act, R.S.B.C. 1996, c. 396, is amended by adding the following definition:

"spouse" means a person who

(a) is married to another person, or

(b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender, and has been living and cohabiting in that relationship for the immediately preceding 2 years.

 
Representation Agreement Act

35 Section 1 of the Representation Agreement Act, R.S.B.C. 1996, c. 405, is amended by repealing the definition of "spouse" and substituting the following:

"spouse" means a person who

(a) is married to another person, and is not living separate and apart, within the meaning of the Divorce Act (Canada), from the other person, or

(b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender; .

 
Securities Act

36 Section 1 (1) of the Securities Act, R.S.B.C. 1996, c. 418, is amended by repealing the definition of "spouse" and substituting the following:

"spouse" means a person who

(a) is married to another person, and is not living separate and apart, within the meaning of the Divorce Act (Canada), from the other person, or

(b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender; .

 
Small Business Venture Capital Act

37 Section 1 (1) of the Small Business Venture Capital Act, R.S.B.C. 1996, c. 429, is amended by repealing the definition of "spouse" and substituting the following:

"spouse" means a person who

(a) is married to another person, or

(b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender, and has lived and cohabited in that relationship for a continuous period of 6 months; .

 
Utilities Commission Act

38 Section 54 (1) of the Utilities Commission Act, R.S.B.C. 1996, c. 473, is amended by repealing the definition of "spouse" and substituting the following:

"spouse" means a person who

(a) is married to another person, or

(b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender, and has lived and cohabited in that relationship for a period of at least 2 years; .

 
Victims of Crime Act

39 Section 1 of the Victims of Crime Act, R.S.B.C. 1996, c. 478, is amended by repealing the definition of "spouse" and substituting the following:

"spouse" means a person who

(a) is married to another person, or

(b) is living and cohabiting with another person in a marriage-like relationship, including a marriage-like relationship between persons of the same gender; .

Transitional for existing rights and obligations

40 (1) For the purposes of transition in the operation of any Act amended by this Act, the Lieutenant Governor in Council may make regulations as follows:

(a) meeting or removing any difficulty arising out of the transition;

(b) preserving and giving effect to the rights of persons accrued or accruing before the coming into force of a provision of this Act under an Act amended by this Act;

(c) providing that persons who had rights accrued or accruing or obligations incurred before the coming into force of a provision of this Act are exempt from the effect of that provision in respect of those rights or obligations or are exempt from the effect of that provision under terms, conditions or for a time set out in the regulation.

(2) A regulation under subsection (1) may be made to apply generally or to a particular person or class of persons.

Commencement

41 This Act, except sections 5, 8 to 13 and 24, comes into force by regulation of the Lieutenant Governor in Council.


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