1nd Session, 35th Parliament,
42-43 Elizabeth II, 1994

The House of Commons of Canada

BILL C-290

An Act providing for equal treatment for persons cohabiting in a relationship similar to a conjugal relationship

    Preamble

    		Whereas the Constitution of Canada provides that every individual is equal before and under the law and has the right to the equal protection and benefit of the law without discrimination;

    		And whereas the Government of Canada already recognizes the diversity of Canadians as regards race, national or ethnic origin, colour and religion as a fundamental characteristic of Canadian society;

    		And whereas the Government of Canada is working to achieve the equality of all Canadians in the economic, social, cultural and political life of Canada;

    		And whereas the Government of Canada recognizes the importance of the contributions of homosexuals and lesbians to the cultural, social, economic and political enrichment of Canada;

    		And whereas homosexuals and lesbians in Canada constitute a minority that is frequently exposed to discrimination;

    		And whereas the discrimination experienced by the homosexual minority in Canada is in many respects similar to that experienced by other minorities in Canada, particularly by visible and ethnic minorities;

    		And whereas in recent years some Acts of Parliament have granted the same benefits as those granted to married persons to heterosexual couples cohabiting in relationships similar to conjugal relationships;

    		*ep

    		And whereas the lives of homosexual and lesbian couples in Canada who cohabit in relationships similar to conjugal relationships are in many respects identical to the lives of heterosexual couples;

    		And whereas homosexual and lesbian couples cohabiting in relationships similar to conjugal relationships do not at present receive the same benefits as those accorded heterosexual couples cohabiting in relationships similar to conjugal relationships;

    		And whereas the Government of Canada wishes to end discrimination in Acts of Parliament against homosexual and lesbian couples by granting the individuals in such couples the same benefits that are received by heterosexual couples cohabiting in relationships similar to conjugal relationships;

    		Now therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

    SHORT TITLE

    Short title

    		1. This Act may be cited as the Equal Treatment for Persons Cohabiting in a Relationship Similar to a Conjugal Relationship Act.

    DEFINITION OF SPOUSE

    Definition of spouse in Acts of Parliament

    		2. Notwithstanding any Act of Parliament, where in an Act of Parliament the term ``spouse'' means or includes a person cohabiting for a specified period of time with another person of the opposite sex in a relationship similar to a conjugal relationship, the term also means or includes, as the case may be, a person who cohabits with a person of the same sex in a relationship similar to a conjugal relationship for that specified period of time for the purpose of any provision of that Act that can be applied to such a spouse, with such modification as the circumstances require.

    Interpreta-
    tion of spouse by the courts

    		3. Notwithstanding any law or Act of Parliament, where in an Act of Parliament the term ``spouse'' is or has been interpreted by the courts as meaning a person who cohabits for a specified period of time with a person of the opposite sex in a similar relationship to a conjugal relationship, this term also means a person who lives with another person of the same sex in a relationship similar to a conjugal relationship for that specified period of time for the purpose of any provision of that Act that can be applied to such a spouse, with such modification as the circumstances require.

    NON-APPROPRIATION CLAUSE

    Authoriza-
    tion by Parliament

    		4. No payments shall be made out of the Consolidated Revenue Fund to defray any expenses necessary for the implementation of this Act without the authority of an appropriation made by Parliament for such purposes.

    COMING INTO FORCE

    Coming into force

    		5. This Act shall come into force two months after it is assented to.