17

 


First Session, 46th General Assembly

57 Elizabeth II, 2008

BILL 17

AN ACT TO AMEND THE FATAL ACCIDENTS ACT

Received and Read the First Time...................................................................................................

Second Reading.................................................................................................................................

Committee............................................................................................................................................

Third Reading.....................................................................................................................................

Royal Assent......................................................................................................................................

HONOURABLE JEROME P. KENNEDY, Q.C.

Minister of Justice and Attorney General

Ordered to be printed by the Honourable House of Assembly

 

EXPLANATORY NOTE

This Bill would amend the Fatal Accidents Act to permit unmarried partners to commence an action under the Act.

A BILL

AN ACT TO AMEND THE FATAL
ACCIDENTS ACT

Analysis


        1.   S.2 Amdt.
Definitions

        2.   S.4 R&S
By whom action brought


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

RSNL1990 cF-6
as amended

        1. Section 2 of the Fatal Accidents Act is amended by deleting the word "and" at the end of paragraph (a), by deleting the period at the end of paragraph (b) and substituting a semicolon and the word "and" and by adding immediately after paragraph (b) the following:

             (c)  "partner" means either of 2 persons who have cohabited in a conjugal relationship outside of marriage

                      (i)  for a period of at least 2 years, or

                     (ii)  for a period of at least one year, where they are, together, the biological or adoptive parents of a child.

 

        2. Section 4 of the Act is repealed and the following substituted:

By whom action brought

        4. An action under this Act is for the benefit of the wife, husband, partner, parent and child of the person whose death is caused, and is brought by and in the name of the executor or administrator of the person deceased.

 ŠEarl G. Tucker, Queen's Printer