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Statutes of Newfoundland and Labrador 2001


Statutes of Newfoundland and Labrador 2001 Chapter 22

CHAPTER 22

AN ACT TO AMEND THE LAW TO CONSIDER SAME SEX COHABITING PARTNERS IN THE SAME MANNER AS OPPOSITE SEX COHABITING PARTNERS

(Assented to December 13, 2001)

Analysis

1. Short title

CONFLICT OF INTEREST ACT, 1995

2. S.2 Amdt.
Interpretation

ENDURING POWERS OF ATTORNEY ACT

3. S.2 Amdt.
Interpretation

4. S.3 Amdt.
Enduring power of attorney

GOVERNMENT MONEY PURCHASE PENSION PLAN ACT

5. S.2 Amdt.
Definitions

6. S.5 Amdt.
Pre-retirement benefit

7. S.8 Amdt.
Retirement benefits

8. Schedule A Amdt.

HOUSE OF ASSEMBLY ACT

9. S.20 Amdt.
Definitions

MEMORIAL UNIVERSITY PENSIONS ACT

10. S.2 Amdt.
Definitions

11. S.17 Amdt.
Presidentís pension

12. S.23 Amdt.
Survivorís allowance

13. S.24 R&S
Allowance to survivors of deferred pensioners

14. S.26 R&S
Repayment of contributions to survivor

15. S.27 Amdt.
Repayment of contributions of deceased employees

16. S.29.2 Amdt.
Integration with CPP

17. S.35 Amdt.
Agreement with president

MUNICIPALITIES ACT, 1999

18. S.207 Amdt.
Conflict of interest

PENSION BENEFITS ACT, 1997

19. S.2 Amdt.
Definitions

20. S.3 Amdt.
Minimum standards

21. S.22 Amdt.
Contents of pension plan documents

22. S.25 Amdt.
Disclosure of information

23. S.38 Amdt.
Surplus

24. S.40 Amdt.
Portability

25. S.41 Amdt.
Pre-retirement death benefit

26. S.44 Amdt.
Required terms

27. S.45 Amdt.
Joint and survivor pensions

28. S.46 R&S
Remarriage

29. S.62 Amdt.
Distribution of plan assets

PUBLIC SERVICE PENSIONS ACT, 1991

30. S.2 Amdt.
Definitions

31. S.23 Amdt.
Survivor benefit

32. S.23.1 Amdt.
Death of employee

TEACHERS' PENSIONS ACT

33. S.2 Amdt.
Interpretation

34. S.9 Amdt.
Repayment of contributions

35. S.26 Amdt.
Survivor benefits

36. S.27 Amdt.
Designated beneficiary

UNIFORMED SERVICES PENSIONS ACT, 1991

37. S.2 Amdt.
Definitions

38. S.9 Amdt.
Repayment of contributions

39. S.24 Amdt.
Pension to survivor

WORKPLACE HEALTH, SAFETY AND COMPENSATION ACT

40. S.2 Amdt.
Definitions

41. S.65 Amdt.
Compensation where fatal accident

42. S.70 Amdt.
Household to be continued

43. S.88 Amdt.
Rehabilitation

44. S.91 Amdt.
St. Lawrence

45. Commencement

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


Short title

1. This Act may be cited as the Same Sex Amendment Act.

CONFLICT OF INTEREST ACT, 1995

SNL1995 cC-30.1
as amended

2. (1) Paragraph 2(1)(a) of the Conflict of Interest Act, 1995 is repealed and the following substituted:

(a) "cohabiting partner" means a person with whom a public office holder is living in a conjugal relationship outside marriage;

(a.1) "commissioner" means the Commissioner of Members' Interest appointed under the House of Assembly Act;

(2) Paragraph 2(1)(d) of the Act is repealed and the following substituted:

(d) "family" means a person who is

(i) a public office holderís spouse or cohabiting partner,

(ii) a minor child of the public office holder, or a minor who is dependent primarily on the public office holder or the public office holderís spouse or cohabiting partner for financial support and toward whom the public office holder has demonstrated a settled intent to treat as a family member, and

(iii) a relative of the public office holder or the public office holderís spouse or cohabiting partner who lives as part of the public office holderís household and is primarily dependent on the public office holder or the public office holderís spouse or cohabiting partner for financial support;

(3) Paragraph 2(1)(i) of the Act is repealed and the following substituted:

(i) "spouse" means a person to whom a public office holder is married, unless they have made a separation agreement or their support obligations and family property have been dealt with by a court order.

ENDURING POWERS OF ATTORNEY ACT

RSNL1990 cE-11
as amended

3. (1) Subsection 2(1) of the Enduring Powers of Attorney Act is amended by adding immediately after paragraph (a) the following:

(a.1) "cohabiting partner" means either of 2 persons who have cohabited in a conjugal relationship outside of marriage for at least one year;

(2) Paragraph 2(1)(d) of the Act is repealed and the following substituted:

(d) "spouse" means either of 2 persons who are married to each other.

 

4. Subsection 3(1) of the Act is amended by adding the words "or cohabiting partner" immediately after the word "spouse".

GOVERNMENT MONEY PURCHASE PENSION PLAN ACT

RSNL1990 cG-6
as amended

5. (1) Paragraph 2(a) of the Government Money Purchase Pension Plan Act is repealed and the following substituted:

(a) "cohabiting partner",

(i) in relation to an employee who has an eligible spouse, means a person who is not the eligible spouse of the employee who has cohabited continuously with the employee in a conjugal relationship for not less than 3 years, or

(ii) in relation to an employee who does not have an eligible spouse, means a person who has cohabited continuously with the employee in a conjugal relationship for not less than one year,

and is cohabiting or has cohabited with the employee within the preceding year;

(a.1) "custodian" means an agent who is appointed by the minister to administer the fund;

(2) Paragraph 2(e) of the Act is repealed and the following substituted:

(e) "eligible spouse" means a person who

(i) is married to the employee,

(ii) is married to the employee by a marriage that is voidable and has not been voided by a judgment of nullity, or

(iii) has gone through a form of a marriage with the employee, in good faith, that is void and is cohabiting or has cohabited with the employee within the preceding year;

(2) Section 2 of the Act is amended by deleting the word "and" at the end of paragraph (m) and by adding immediately after paragraph (m) the following:

(m.1) "principal beneficiary" means the spouse of an employee, or where the employee has a cohabiting partner, the employee's cohabiting partner; and

6. Subsection 5(3) of the Act is repealed and the following substituted:

(3) Upon the death of an employee or inactive member, the principal beneficiary or designated beneficiary may elect to receive a cash payment of the amount that has accumulated to the deceased employee or inactive memberís credit or a pension calculated on the amount that has been accumulated to the deceased employee or inactive memberís credit.

 

7. Subsections 8(2), (3) and (4) of the Act are repealed and the following substituted:

(2) Notwithstanding subsection (1), an employee without a principal beneficiary may elect an optional pension as provided for in Schedule A equal to the value of the pension provided by the amount which has accumulated to his or her credit in the fund at that time.

(3) An employee with a principal beneficiary shall receive a pension in the form specified by Article VII of Schedule A with a survivor benefit of at least 60%, payable upon his or her death, to the principal beneficiary during the principal beneficiaryís lifetime.

(4) Where the employee does not have a principal beneficiary, the employee may designate another person as a beneficiary.

 

8. (1) Article I of Schedule A of the Act is amended by adding the following immediately after section 4:

 

4.1 "Cohabiting Partner",

(a) in relation to an Employee who has an Eligible Spouse, means a person who is not the Eligible Spouse of the Employee who has cohabited continuously with the Employee in a conjugal relationship for not less than 3 years, or

(b) in relation to an Employee who does not have an Eligible Spouse, means a person who has cohabited continuously with the Employee in a conjugal relationship for not less than one year,

and is cohabiting or has cohabited with the Employee within the preceding year.

(2) Section 10 of Article I of Schedule A of the Act is repealed and the following substituted:

 

10. "Eligible Spouse" means a person who

(a) is married to the Employee;

(b) is married to the Employee by a marriage that is voidable and has not been voided by a judgment of nullity; or

(c) has gone through a form of a marriage with the Employee, in good faith, that is void and is cohabiting or has cohabited with the Employee within the preceding year.

(3) Article I of Schedule A of the Act is amended by adding the following immediately after section 25:

 

26. "Principal Beneficiary" means the Eligible Spouse of an Employee, or where the Employee has a Cohabiting Partner, the Employee's Cohabiting Partner.

(4) Section 3 of Article VII of Schedule A of the Act is amended by striking out the words "Eligible Spouse" wherever they occur and substituting the words "Principal Beneficiary".

(5) Section 1 of Article X of Schedule A of the Act is amended by

(a) striking out the words "Eligible Spouse" wherever they occur and substituting the words "Principal Beneficiary"; and

(b) striking out the word "spouse" and substituting the words "Principal Beneficiary".

(6) Section 2 of Article X of Schedule A of the Act is amended by striking out the words "Eligible Spouse" wherever they occur and substituting the words "Principal Beneficiary".

(7) Clause 2(b)(ii)(A) of Article XI of Schedule A of the Act is amended by adding the word "Eligible" immediately before the word "Spouse" where it twice occurs.

(8) Section 1 of Article XII of Schedule A of the Act is repealed and the following substituted:

 

1. The Designated Beneficiary in the case of an Employee with an Principal Beneficiary shall be the Principal Beneficiary.

(9) Section 2 of Article XII of Schedule A of the Act is amended by striking out the words "Eligible Spouse" and substituting the words "Principal Beneficiary".

(10) Section 4 of Article XII of Schedule A of the Act is amended by striking out the words "Eligible Spouse" and substituting the words "Principal Beneficiary".

(11) Section 5 of Article XII of Schedule A of the Act is amended by striking out the words "Eligible Spouse" and substituting the words "Principal Beneficiary".

(12) Section 1 of Article XIII of Schedule A of the Act is amended by adding the word "Eligible" immediately before the word "Spouse" where it twice occurs.

(13) Subsection 5(1) of Article XV of Schedule A of the Act is amended by striking out the words "Eligible Spouse" and substituting the words "Principal Beneficiary".

HOUSE OF ASSEMBLY ACT

RSNL1990 cH-10
as amended

9. (1) Paragraph 20(a) of the House of Assembly Act is repealed and the following substituted:

(a) "cohabiting partner" means a person with whom a public office holder is living in a conjugal relationship outside marriage;

(a.1) "excluded private interest" means

(i) an asset, liability or financial interest of less than $10,000 in value,

(ii) a source of income of less than $10,000 a year,

(iii) real property that is used primarily for a residence or for recreation,

(iv) personal property used for transportation, household, educational, recreational, social or aesthetic purposes,

(v) cash on hand or on deposit with a financial institution that is lawfully entitled to accept deposits,

(vi) fixed value securities issued by a government or municipality in Canada or an agency of a government or municipality in Canada,

(vii) a registered retirement savings plan, retirement or pension plan or employee benefit plan, that is not self-administered,

(viii) an investment in an open-ended mutual fund that has broadly based investments not limited to one industry or one sector of the economy,

(ix) a guaranteed investment certificate or similar financial instrument,

(x) an annuity, life insurance policy or pension right,

(xi) an asset, liability or financial interest that is held

(A) as executor, administrator or trustee, or

(B) by bequest or inheritance, during the 12 months following the date it devolves, and

(xii) an interest certified by the commissioner as being an excluded private interest;

(2) Paragraph 20(c) of the Act is repealed and the following substituted:

(c) "memberís family" means a person who is

(i) the memberís spouse or cohabiting partner,

(ii) a minor child of the member, or a minor who is dependent primarily on the member or the memberís spouse or cohabiting partner for financial support and toward whom the member has demonstrated a settled intent to treat as a family member, and

(iii) a relative of the member or the memberís spouse or cohabiting partner who lives as part of the memberís household and is primarily dependent on the member or the memberís spouse or cohabiting partner for financial support;

(3) Paragraph 20(g) of the Act is repealed and the following substituted:

(g) "spouse" means a person to whom a member is married, unless the person and the member have made a separation agreement or their support obligations and family property have been dealt with by a court order.

MEMORIAL UNIVERSITY PENSIONS ACT

RSNL1990 cM-8
as amended

10. (1) Section 2 of the Memorial University Pensions Act is amended by adding immediately after paragraph (b) the following:

(b.1) "cohabiting partner",

(i) in relation to an employee who has a spouse, means a person who is not the spouse who has cohabited continuously with the employee in a conjugal relationship for not less than 3 years,

(ii) in relation to an employee who does not have a spouse, means a person who has cohabited continuously with the employee in a conjugal relationship for not less than one year,

and is cohabiting or has cohabited with the employee within the preceding year;

(2) Section 2 of the Act is amended by adding immediately after paragraph (k.1) the following:

(k.2) "principal beneficiary" means the spouse of an employee, or where the employee has a cohabiting partner, the employee's cohabiting partner;

(3) Paragraph 2(l) of the Act is repealed and the following substituted:

(l) "spouse" means a person who

(i) is married to the employee,

(ii) is married to the employee by a marriage that is voidable and has not been voided by a judgment of nullity, or

(iii) has gone through a form of a marriage with the employee, in good faith, that is void and is cohabiting or has cohabited with the employee within the preceding year; and

 

11. Subsection 17(2) of the Act is amended by striking out the word "spouse" wherever it occurs and substituting the words "principal beneficiary".

 

12. Subsection 23(1) of the Act is amended by striking out the word "spouse" wherever it occurs and substituting the words "principal beneficiary".

 

13. Section 24 of the Act is repealed and the following substituted:

Allowance to survivors of deferred pensioners

24. The board shall pay an allowance in accordance with section 23 to the surviving principal beneficiary or child of a deferred pensioner who dies before receiving the deferred pension.

 

14. Section 26 of the Act is repealed and the following substituted:

Repayment of contributions to survivor

26. Where an employee dies before becoming entitled to a pension under this Act, the board shall pay to a surviving principal beneficiary the amount the employee has contributed to the fund, together with interest at the prescribed rate, and, where the employee does not leave a surviving principal beneficiary but leaves a child or children under age 18, the board shall pay the amount to the guardian of the child or children, to be expended at the direction of the board, for the support, maintenance and education of the child or children until the child or children reach 18 and where there are 2 or more children each child shall share equally in the benefits derived from the payment.

 

15. (1) Subsection 27(1) of the Act is amended by striking out the word "spouse" and substituting the words "principal beneficiary".

(2) Subsection 27(2) of the Act is amended by striking out the word "spouse" and substituting the words "principal beneficiary".

 

16. Subsection 29.2(1) of the Act is amended by striking out the word "spouse" wherever it occurs and substituting the words "principal beneficiary".

 

17. Paragraph 35(1)(a) of the Act is repealed and the following substituted:

(a) the awarding of a pension which for the purposes of this section includes an annuity, allowance, or gratuity, to the president or to his or her surviving principal beneficiary and children, on his or her retirement or on his or her illness or death before or after retirement, and the conditions under which he or she will be entitled to retire;

MUNICIPALITIES ACT, 1999

SNL1999 cM-24
as amended

18. (1) Subsection 207(2) of the Municipalities Act, 1999 is amended by adding immediately after the word and comma "spouse," the words and comma "cohabiting partner,".

(2) Subsection 207(3) of the Act is repealed and the following substituted:

(3) For the purpose of subsection (2)

(a) "cohabiting partner" means a person with whom a councillor is living in a conjugal relationship outside marriage; and

(b) "spouse" means a person to whom a councillor is married, unless the person and the councillor have made a separation agreement or their support obligations and family property have been dealt with by a court order.

PENSION BENEFITS ACT, 1997

SNL1996 cP-4.01

19. (1) Section 2 of the Pension Benefits Act, 1997 is amended by adding immediately after paragraph (c) the following:

(c.1) "cohabiting partner",

(i) in relation to a member or former member who has a spouse, means a person who is not the spouse of the member or former member who has cohabited continuously with the member or former member in a conjugal relationship for not less than 3 years, or

(ii) in relation to a member or former member who does not have a spouse, means a person who has cohabited continuously with the member or former member in a conjugal relationship for not less than one year,

and is cohabiting or has cohabited with the member or former member within the preceding year;

(2) Paragraph 2(r) of the Act is amended by striking out the word "spouse" and substituting the words "principal beneficiary".

(3) Paragraph 2(aa) of the Act is amended by striking out the word "spouse" and substituting the words "principal beneficiary".

(4) Section 2 of the Act is amended by adding immediately after paragraph (dd) the following:

(dd.1) "principal beneficiary" means the spouse of a member or former member, or where the member or former member has a cohabiting partner, the member or former member's cohabiting partner;

(5) Paragraph 2(ff) of the Act is repealed and the following substituted:

(ff) "spouse" means, except in Part VI, a person who

(i) is married to the member or former member,

(ii) is married to the member or the former member by a marriage that is voidable and has not been voided by a judgment of nullity, or

(iii) has gone through a form of a marriage with the member or former member, in good faith, that is void and is cohabiting or has cohabited with the member or former member within the preceding year;

 

20. Section 3 of the Act is amended by striking out the word "spouse" and substituting the words "principal beneficiary".

 

21. Paragraph 22(1)(d) of the Act is amended by striking out the words "between a member or former member and his or her spouse or former spouse".

 

22. Subsection 25(7) of the Act is amended by striking out the word "spouse" and substituting the words "principal beneficiary".

 

23. Paragraph 38(2)(a) of the Act is repealed and the following substituted:

(a) the members, former members or their surviving principal beneficiaries or estates;

 

24. Section 40 of the Act is amended by striking out the word "spouse" wherever it occurs and substituting the words "principal beneficiary", and by striking out the word "spouseís" wherever it occurs and substituting the words "principal beneficiaryís".

 

25. Section 41 of the Act is amended by striking out the word "spouse" wherever it occurs and substituting the words "principal beneficiary".

 

26. (1) Paragraph 44(1)(b) of the Act is amended by striking out the word "spouse" wherever it occurs and substituting the words "principal beneficiary".

(2) Paragraphs 44(2)(b) and (c) of the Act are amended by striking out the word "spouse" wherever it occurs and substituting the words "principal beneficiary".

 

27. (1) Subsection 45(1) of the Act is amended by striking out the word "spouse" and substituting the words "principal beneficiary".

(2) Subsection 45(4) of the Act is amended by striking out the word "spouse" wherever it occurs and substituting the words "principal beneficiary".

 

28. Section 46 of the Act is repealed and the following substituted:

Remarriage

46. A pension benefit payable to the former principal beneficiary of a member or former member or to the surviving principal beneficiary of a deceased member or former member shall not terminate by reason only of the marriage or remarriage of the principal beneficiary.

 

29. Subsection 62(1) of the Act is amended by striking out the word "spouse" and substituting the words "principal beneficiary".

PUBLIC SERVICE PENSIONS ACT, 1991

SNL1991 c12
as amended

30. (1) Section 2 of the Public Service Pensions Act, 1991 is amended by adding immediately after paragraph (b) the following:

(b.01) "cohabiting partner",

(i) in relation to an employee, pensioner or deferred pensioner who has a spouse, means a person who is not the spouse who has cohabited continuously with the employee, pensioner or deferred pensioner in a conjugal relationship for not less than 3 years,

(ii) in relation to an employee, pensioner or deferred pensioner who does not have a spouse, means a person who has cohabited continuously with the employee, pensioner or deferred pensioner, in a conjugal relationship for not less than one year,

and is cohabiting or has cohabited with the employee, pensioner or deferred pensioner within the preceding year;

(2) Section 2 of the Act is amended by adding immediately after paragraph (o) the following:

(o.1) "principal beneficiary" means the spouse of an employee, pensioner or deferred pensioner, or where the employee, pensioner or deferred pensioner has a cohabiting partner, his or her cohabiting partner;

(3) Paragraphs 2(r) and (s) of the Act are repealed and the following substituted:

(r) "spouse" means a person who

(i) is married to the employee, pensioner or deferred pensioner,

(ii) is married to the employee, pensioner or deferred pensioner by a marriage that is voidable and has not been voided by a judgment of nullity, or

(iii) has gone through a form of a marriage with the employee, pensioner or deferred pensioner, in good faith, that is void and is cohabiting or has cohabited with the employee, pensioner or deferred pensioner within the preceding year;

(s) "survivor benefit" means a benefit payable to the principal beneficiary or child of the employee, pensioner or deferred pensioner;

 

31. (1) Subsection 23(1) of the Act is repealed and the following substituted:

Survivor benefit

23. (1) A surviving principal beneficiary of

(a) a pensioner;

(b) a deferred pensioner; or

(c) an employee with at least 5 years of pensionable service,

is entitled upon the death of the pensioner, deferred pensioner or employee to a survivor benefit equal to 60% of the pension entitlement of the pensioner, deferred pensioner or employee.

(2) Subsection 23(3) of the Act is repealed and the following substituted:

(3) The survivor benefit shall be paid to the principal beneficiary for life and shall commence on the first day of the month following the month in which the pensioner, deferred pensioner or employee dies.

(3) Subsections 23(4) and (5) of the Act are amended by striking out the word "spouse" wherever it occurs and substituting the words "principal beneficiary".

 

32. Subsection 23.1(1) of the Act is amended by striking out the word "spouse" and substituting the words "principal beneficiary".

TEACHERS' PENSIONS ACT

SNL1991 c17
as amended

33. (1) Subsection 2(1) of the Teachers' Pensions Act is amended by adding the following immediately after paragraph (a):

(a.1) "cohabiting partner",

(i) in relation to a teacher or deferred pensioner who has a spouse, means a person who is not the spouse who has cohabited continuously with the teacher or pensioner in a conjugal relationship for not less than 3 years,

(ii) in relation to an teacher or pensioner who does not have a spouse, means a person who has cohabited continuously with the teacher or pensioner, in a conjugal relationship for not less than one year,

and is cohabiting or has cohabited with the teacher or pensioner within the preceding year;

(2) Subsection 2(1) of the Act is amended by adding immediately after paragraph (k) the following:

(k.1) "principal beneficiary" means the spouse of a teacher or pensioner, or where the teacher or pensioner has a cohabiting partner, his or her cohabiting partner;

(3) Paragraphs 2(1)(m) and (n) of the Act are repealed and the following substituted:

(m) "spouse" means a person who

(i) is married to the teacher or pensioner,

(ii) is married to the teacher or pensioner by a marriage that is voidable and has not been voided by a judgment of nullity, or

(iii) has gone through a form of a marriage with the teacher or pensioner, in good faith, that is void and is cohabiting or has cohabited with the teacher or pensioner within the preceding year;

(n) "survivor benefit" means a benefit payable to the principal beneficiary of a deceased teacher or pensioner;

 

34. Paragraph 9(1)(b) of the Act is amended by striking out the word "spouse" and substituting the words "principal beneficiary".

 

35. Section 26 of the Act is amended by striking out the word "spouse" wherever it occurs and substituting the words "principal beneficiary".

 

36. Subsections 27(1) and (4) of the Act are amended by striking out the word "spouse" wherever it occurs and substituting the words "principal beneficiary".

UNIFORMED SERVICES PENSIONS
ACT, 1991

SNL1991 c19
as amended

37. (1) Section 2 of the Uniformed Services Pensions Act, 1991 is amended by adding the following immediately after paragraph (b):

(b.1) "cohabiting partner",

(i) in relation to an employee, pensioner or deferred pensioner who has a spouse, means a person who is not the spouse who has cohabited continuously with the employee, pensioner or deferred pensioner in a conjugal relationship for not less than 3 years,

(ii) in relation to an employee, pensioner or deferred pensioner who does not have a spouse, means a person who has cohabited continuously with the employee, pensioner or deferred pensioner, in a conjugal relationship for not less than one year,

and is cohabiting or has cohabited with the employee, pensioner or deferred pensioner within the preceding year;

(2) Section 2 of the Act is amended by adding the following immediately after paragraph (o):

(o.1) "principal beneficiary" means the spouse of an employee, pensioner or deferred pensioner, or where the employee, pensioner or deferred pensioner has a cohabiting partner, his or her cohabiting partner;

(3) Paragraphs 2(v) and (w) of the Act are repealed and the following substituted:

(v) "spouse" means a person who

(i) is married to the employee, pensioner or deferred pensioner,

(ii) is married to the employee, pensioner or deferred pensioner by a marriage that is voidable and has not been voided by a judgment of nullity, or

(iii) has gone through a form of a marriage with the employee, pensioner or deferred pensioner, in good faith, that is void and is cohabiting or has cohabited with the employee, pensioner or deferred pensioner within the preceding year;

(w) "survivor benefit" means a benefit payable to the principal beneficiary or child of the employee, pensioner or deferred pensioner; and

 

38. Paragraph 9(1)(b) of the Act is amended by striking out the word "spouse" and substituting the words "principal beneficiary".

 

39. Subsections 24(1) and (2) of the Act are amended by striking out the word "spouse" wherever it occurs and substituting the words "principal beneficiary".

WORKPLACE HEALTH, SAFETY AND COMPENSATION ACT

RSNL1990 cW-11
as amended

40. (1) Subsection 2(1) of the Workplace Health, Safety and Compensation Act is amended by adding immediately after paragraph (c) the following:

(c.1) "cohabiting partner" means either of 2 persons who are cohabiting and

(i) have cohabited continuously in a conjugal relationship outside marriage for not less than one year, or

(ii) have entered into a written agreement in respect of their cohabitation, in which they agree on their respective rights and obligations during cohabitation, upon ceasing to cohabit or upon the death of either of them;

(2) Paragraph 2(1)(s) of the Act is amended by adding immediately after the word and comma "spouse," the word and comma "cohabiting partner,".

(3) Paragraph 2(1)(x) of the Act is repealed and the following substituted:

(x) "spouse" means either of 2 persons who

(i) are married to each other,

(ii) are married to each other by a marriage that is voidable and has not been voided by a judgment of nullity, or

(iii) have gone through a form of a marriage with each other, in good faith, that is void and are cohabiting or have cohabited with each other within the preceding year;

 

41. Subsections 65(1) and (1.1) of the Act are amended by adding immediately after the word "spouse" the words "or cohabiting partner".

 

42. Section 70 of the Act is amended by adding immediately after the word "spouse" wherever it occurs the words "or cohabiting partner".

 

43. Paragraph 88(d) of the Act is amended by adding immediately after the word "spouse" the words "or cohabiting partner".

 

44. Paragraph 91(3)(b) of the Act is repealed and the following substituted:

(b) the personal representative, surviving spouse, cohabiting partner or next of kin of a deceased dependent of a worker, where that surviving spouse, cohabiting partner or next of kin is not a dependent of that worker to claim compensation for a period before or after the date mentioned in subsection (4).

Commencement

45. Sections 5 to 8, 10 to 17 and 30 to 39 of this Act are considered to have come into force on November 1, 1999.

 

©Earl G. Tucker, Queen's Printer