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1st Session, 36th Parliament, 46-47-48 Elizabeth II, 1997-98-99
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The House of Commons of Canada
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BILL C-481 |
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An Act providing for equal treatment for
persons cohabiting in a relationship
similar to a conjugal relationship
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| Preamble
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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;
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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;
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Whereas the Government of Canada is
working to achieve the equality of all
Canadians in the economic, social, cultural
and political life of Canada;
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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;
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Whereas homosexuals and lesbians in
Canada constitute a minority that is frequently
exposed to discrimination;
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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;
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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;
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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;
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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;
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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 as those received by
heterosexual couples cohabiting in
relationships similar to conjugal
relationships;
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Now, Therefore, Her Majesty, by and with
the advice and consent of the Senate and
House of Commons of Canada, enacts as
follows:
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SHORT TITLE |
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| Short title
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1. This Act may be cited as the Equal
Treatment for Persons Cohabiting in a
Relationship Similar to a Conjugal
Relationship Act.
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DEFINITION OF ``SPOUSE'' |
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| Definition of
``spouse'' in
Acts of
Parliament
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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
a 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
modifications as the circumstances require.
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| Interpreta- tion of ``spouse'' by the courts
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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 relationship
similar to a conjugal relationship, the term
also means or includes a person who cohabits
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
modifications as the circumstances require.
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COMING INTO FORCE |
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| Coming into
force
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4. This Act comes into force two months
after it is assented to.
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