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Statutes of Newfoundland and Labrador 2009


CHAPTER 31

AN ACT TO AMEND THE LAW WITH RESPECT TO THE DEFINITION OF SPOUSE

(Assented to December 22, 2009)

Analysis


        1.   Short title

        2.   Chattels Real Act

        3.   City of Corner Brook Act

        4.   City of Mount Pearl Act

        5.   Evidence Act

        6.   Family Homes Expropriation Act

        7.   Family Law Act

        8.   Fatal Accidents Act

        9.   Jury Act, 1991

      10.   Legal Aid Regulations

      11.   Rules of the Supreme Court, 1986


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 Spouse Amendment Act.

CHATTELS REAL ACT

RSN1990 cC-11
as amended

        2. Subsection 4(1) of the Chattels Real Act is repealed and the following substituted:

Disposition of chattels real

        4. (1) Two persons who are spouses of one another shall, for all purposes of acquisition of an interest in a chattel real, under a disposition made or coming into operation after May 5, 1972, be treated as 2 persons.

CITY OF CORNER BROOK ACT

RSN1990 cC-15
as amended

        3. Subsection 152(2) of the City of Corner Brook Act is repealed and the following substituted:

             (2)  Where a person who has a spouse pays real property tax both the person and his or her spouse are exempt from the poll tax imposed by the city.

CITY OF MOUNT PEARL ACT

RSN1990 cC-16
as amended

        4. Subsection 151(2) of the City of Mount Pearl Act is repealed and the following substituted:

             (2)  Where a person who has a spouse pays real property tax both the person and his or her spouse are exempt from the poll tax imposed by the city.

EVIDENCE ACT

RSN1990 cE-16
as amended

        5. (1) Subsection 2(1) of the Evidence Act is amended by deleting the words "husbands and wives" and substituting the word "spouses".

             (2)  Subsection 3(1) of the Act is amended by deleting the words "husband or wife" and substituting the word "spouse".

             (3)  Paragraph 4(a) of the Act is amended by deleting the words "wife or husband" and substituting the word "spouse".

             (4)  Paragraph 4(c) of the Act is amended by deleting the words "husband or wife" and substituting the word "spouse".

             (5)  Section 6 of the Act is repealed and the following substituted:

Spouses not compellable

        6. A person is not compellable to disclose a communication made to him or her by his or her spouse during the marriage.

FAMILY HOMES EXPROPRIATION ACT

RSNL1990 cF-1

        6. Item 3(c) of the Schedule to the Family Homes Expropriation Act is repealed and the following substituted:

             (c)  2 persons, with or without children, unmarried, living together as spouses, notwithstanding there is no tie in blood or in law;

FAMILY LAW ACT

RSNL1990 cF-2
as amended

        7. (1) Paragraph 2(1)(e) of the Family Law Act is amended by deleting the words "a man and woman" and substituting the number and word "2 persons".

             (2)  Section 29 of the Act is repealed and the following substituted:

Business assets

      29. Where one spouse has contributed work, money or money's worth in respect of the acquisition, management, maintenance, operation or improvement of a business asset of the other spouse, the contributing spouse may apply to the court and the court shall by order

             (a)  direct the other spouse to pay an amount that the court orders to compensate the contributing spouse; or

             (b)  award a share of the interest of the other spouse in the business asset to the contributing spouse in accordance with the contribution,

and the court shall determine and assess the contribution without regard to their spousal relationship or the fact that the acts constituting the contribution are those of a reasonable spouse in the circumstances.

             (3)  Subsection 31(1) of the Act is amended by deleting the words "husband and wife" and substituting the word "spouses".

             (4)  Section 62 of the Act is amended by deleting the words "A man and a woman" and substituting the words "Two persons".

             (5)  Subsection 69(1) of the Act is amended by deleting the words "a man and a woman" and substituting the number and word "2 persons".

FATAL ACCIDENTS ACT

RSNL1990 cF-6
as amended

        8. Section 4 of the Fatal Accidents Act is repealed and the following substituted:

By whom action brought

        4. An action under this Act is for the benefit of the spouse, 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.

JURY ACT, 1991

SNL1991 c16
as amended

        9. Subsection 10(2)(a) of the Jury Act, 1991 is repealed and the following substituted:

             (a)  "family unit" includes 2 persons who are spouses of one another and a relative of one of the spouses residing in the same dwelling; and

LEGAL AID REGULATIONS

CNLR 1010/96
as amended

      10. Paragraph 1(h) of Schedule E of the Legal Aid Regulations is repealed and the following substituted:

             (h)  "spouse" means an adult living with the applicant as a spouse, regardless of legal marital status.

RULES OF THE SUPREME COURT, 1986

 

      11. (1) Rule 56.02(a) of the Rules of the Supreme Court, 1986 is repealed and the following substituted:

             (a)  spouse;

             (2)  Rule 56.07(b) of the rules is repealed and the following substituted:

             (b)  that neither witness to the will is a beneficiary or the spouse of a beneficiary named in the will or, if so, that a named beneficiary or the spouse of a named beneficiary is such a witness; and