1995, c. 30, s. 20

(2) Subsection 59.1(7) of the Act is replaced by the following:

Reductions ignored for certain purposes

(7) The amount of an allowance or other benefit payable under section 20, 25 , 40, 45 , 49, 49.1 or 51 to or in respect of a former member to whom this section applies or applied shall be determined as if no reduction were made under this section to the allowances or other benefits payable to the former member.

1995, c. 30, s. 25(6)

184. Paragraphs 64(1)(m) to (m.2) of the Act are replaced by the following:

    (m) respecting the elections that may be made under sections 25, 45 and 49.1, including regulations respecting

      (i) the time, manner and circumstances in which an election may be made, revoked or deemed to have been revoked,

      (ii) the reduction to be made in the amount of the allowances of a former member or former Prime Minister, as the case may be, when an election is made,

      (iii) the amount of the allowance to which the person referred to in subsection 25(3), 45(3) or 49.1(2), as the case may be, is entitled, and

      (iv) any other matter that the Governor in Council considers necessary for carrying out the purposes and provisions of those sections;

Transitional Provisions

185. (1) Section 25 of the Members of Parliament Retiring Allowances Act, as enacted by section 177, applies in respect of elections made after the coming into force of section 177.

(2) Section 23 of the Members of Parliament Retiring Allowances Act, as it read immediately before the coming into force of section 177, continues to apply in respect of elections made before the coming into force of section 177.

186. (1) Section 45 of the Members of Parliament Retiring Allowances Act, as enacted by section 178, applies in respect of elections made after the coming into force of section 178.

(2) Section 43 of the Members of Parliament Retiring Allowances Act, as it read immediately before the coming into force of section 178, continues to apply in respect of elections made before the coming into force of section 178.

R.S., c. M-6

MERCHANT SEAMEN COMPENSATION ACT

187. Subsection 2(1) of the Merchant Seamen Compensation Act is amended by adding the following in alphabetical order:

``survivor''
« survivant »

``survivor'' means a person who, at the time of the death of a seaman, was

      (a) the seaman's spouse, if there is no person described in paragraph (b), or

      (b) a person who was cohabiting with the seaman in a conjugal relationship for a period of at least one year immediately before the seaman's death.

R.S., c. 31 (1st Supp.), s. 81(1); SOR/92-520

188. (1) Paragraph 31(1)(d) of the Act is replaced by the following:

    (d) where the survivor is the sole dependant, a monthly payment of $1,451.92;

R.S., c. 31 (1st Supp.), s. 81(1); SOR/92-520

(2) The portion of paragraph 31(1)(e) of the Act before subparagraph (i) is replaced by the following:

    (e) where the dependants are a survivor and one or more children, a monthly payment of $1,451.92 with an additional monthly payment of $161.18 to be increased on the death of the survivor to $164.93

R.S., c. 31 (1st Supp.), s. 81(2); SOR/92-520

(3) Subsections 31(2) and (3) of the Act are replaced by the following:

Where no survivor

(2) Where a seaman leaves no survivor or the survivor subsequently dies, and it seems desirable to continue the existing household, and a suitable person acts as foster-parent in keeping up the household and maintaining and taking care of the children entitled to compensation in a manner that the Board deems satisfactory, the foster-parent while so doing is entitled to receive the same monthly payments of compensation as if the foster-parent were the survivor of the deceased, and in that case the children's part of the payments shall be in lieu of the monthly payments that they would otherwise have been entitled to receive.

Additional sum

(3) In addition to any other compensation provided for under this section, the survivor or, where the seaman leaves no survivor , the foster-parent, as described in subsection (2), is entitled to a lump sum of $16,868.50.

R.S., c. 31 (1st Supp.), s. 81(3); SOR/92-520

(4) Paragraphs 31(9)(a) and (b) of the Act are replaced by the following:

    (a) where the survivor is the sole dependant, a monthly payment of $1,451.92, or if the seaman's average earnings are less than $1,451.92 per month, the amount of those earnings; and

    (b) where the dependants are a survivor and one or more children, a monthly payment of $1,613.10 for the survivor and one child irrespective of the amount of the seaman's earnings, with a further monthly payment of $161.18 for each additional child unless the total monthly compensation exceeds the seaman's average earnings, in which case the compensation shall be a sum equal to those earnings or $1,613.10, whichever is the greater, the share for each child entitled to compensation being reduced proportionately.

R.S., c. 31 (1st Supp.), s. 82

189. Paragraphs 32(1)(a) and (b) of the Act are replaced by the following:

    (a) where the survivor of the seaman is the sole dependant, a monthly payment equal to the amount remaining, if any, after subtracting from $100 the amount of any monthly payment payable to that person pursuant to section 31;

    (b) where the dependants are a survivor and one or more children,

      (i) a monthly payment equal to the amount remaining, if any, after subtracting from $100 the amount of any monthly payment payable to that survivor pursuant to section 31, and

      (ii) an additional monthly payment for each child equal to the amount remaining, if any, after subtracting from $35 the amount of any monthly payment payable pursuant to section 31 for that child, that payment to be increased on the death of the survivor to an amount equal to the amount remaining, if any, after subtracting from $45 the amount of any monthly payment payable pursuant to section 31 to that child; and

R.S., c. 31 (1st Supp.), s. 83

190. Section 33 of the Act is repealed.

R.S., c. 31 (1st Supp.), s. 84, c. 3 (2nd Supp.), s. 30(F)

191. Section 44 of the Act is replaced by the following:

Cases where compensation may be diverted

44. (1) If a seaman is entitled to compensation and it is made to appear to the Board that the seaman's spouse, former spouse, common-law partner, former common-law partner or children under 18 years of age are without adequate means of support, the Board may divert the compensation in whole or in part from the seaman for their benefit.

Diversion of compensation from survivor

(2) If the survivor of a seaman is entitled to compensation under section 31 and it is made to appear to the Board that the seaman's spouse, former spouse, former common-law partner or children under 18 years of age are without adequate means of support, the Board may divert the compensation in whole or in part from the survivor for their benefit.

Meaning of ``common-la w partner''

(3) In this section, ``common-law partner'' means a person who is cohabiting with a seaman in a conjugal relationship, having so cohabited for a period of at least one year, or who had been so cohabiting for a period of at least one year at the time of the seaman's death.

R.S., c. O-9

OLD AGE SECURITY ACT

R.S., c. 34 (1st Supp.), s. 1

192. (1) The definitions ``spouse'' and ``widow'' in section 2 of the Old Age Security Act are repealed.

(2) The definition ``spouse's allowance'' in section 2 of the English version of the Act is repealed.

(3) The definition ``allocation'' in section 2 of the French version of the Act is replaced by the following:

« allocation »
``allowance''

« allocation » L'allocation payable sous le régime de la partie III.

(4) Section 2 of the Act is amended by adding the following in alphabetical order:

``common-la w partner''
« conjoint de fait »

``common-law partner'', in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship at the relevant time, having so cohabited with the individual for a continuous period of at least one year. For greater certainty, in the case of an individual's death, the ``relevant time'' means the time of the individual's death.

``survivor''
« survivant »

``survivor'' means a person whose spouse or common-law partner has died and who has not thereafter become the spouse or common-law partner of another person.

(5) Section 2 of the English version of the Act is amended by adding the following in alphabetical order:

``allowance''
« allocation »

``allowance'' means the allowance authorized to be paid under Part III.

1998, c. 21, s. 111

193. The heading before section 15 of the Act is replaced by the following:

Spouses and Common-law Partners

1998, c. 21, s. 111

194. (1) The portion of subsection 15(2) of the Act before paragraph (a) is replaced by the following:

Statement by spouse or common-law partner

(2) Subject to subsections (3), (4.1) and (4.2) , where a person makes an application for a supplement in respect of a payment period and the person has or had a spouse or common-law partner at any time during the payment period or in the month before the first month of the payment period, the application shall not be considered or dealt with until such time as

1998, c. 21, s. 111

(2) Subsection 15(4) of the Act is repealed.

(3) Section 15 of the Act is amended by adding the following after subsection (4.1):

Where applicant ceases to have a common-law partner otherwise than by death

(4.2) Where an application for a supplement in respect of a payment period that commences after June 30, 1999 is made by a person who at any time in the payment period ceases to have a common-law partner otherwise than by reason of the common-law partner's death, the supplement paid to the person, for any month in that payment period after the third month following the month in which the person ceased to have a common-law partner, shall be calculated as though the person did not have a common-law partner on the last day of the previous payment period.

1998, c. 21, s. 111

(4) Subsections 15(6) to (7) of the Act are replaced by the following:

Application for supplement in certain cases

(6.1) Where an application for a supplement in respect of a payment period that commences after June 30, 1999 is made by

    (a) a person who did not have a spouse or common-law partner immediately before a particular month in the payment period but has a spouse or common-law partner at the end of that month,

    (b) a person in respect of whom a direction is made under subsection (3) based on paragraph (3)(b) who no longer meets the conditions set out in that paragraph, or

    (c) a person described in subsection (4.1) who ceases to be separated from the person's spouse,

the calculation of the supplement shall be made, for any month after the month in which the person began to have a spouse or common-law partner , as though the person had a spouse or common-law partner on the last day of the previous payment period.

1998, c. 21, s. 111

(5) Subsection 15(8) of the Act is replaced by the following:

Where applicant ceases to have a common-law partner by reason of death

(7.2) Where an application for a supplement in respect of a payment period that commences after June 30, 1999 is made by a person who at any time in the payment period ceases to have a common-law partner by reason of the common-law partner's death, the supplement paid to the person, for any month in that payment period after the month in which the common-law partner died, shall be calculated as though the person did not have a common-law partner on the last day of the previous payment period.

Saving provision

(8) Nothing in subsections (6.1) to (7.2) shall be construed as limiting or restricting the authority of the Minister to make a direction under subsections (3) to (5.1).

195. The heading ``MONTHLY SPOUSE'S ALLOWANCES'' before section 19 of the Act is replaced by the following:

MONTHLY ALLOWANCES

1998, c. 21, ss. 114(1), (2)

196. (1) Subsection 19(1) of the Act is replaced by the following:

Payment of allowance

19. (1) Subject to this Act and the regulations, an allowance may be paid to the spouse, common-law partner or former common-law partner of a pensioner for a month in a payment period if the spouse, common-law partner or former common-law partner, as the case may be,

    (a) in the case of a spouse, is not separated from the pensioner, or has separated from the pensioner where the separation commenced after June 30, 1999 and not more than three months before the month in the payment period;

    (a.1) in the case of a former common-law partner, has separated from the pensioner where the separation commenced after June 30, 1999 and not more than three months before the month in the payment period;

    (b) in the case of a spouse, common-law partner or former common-law partner, has attained sixty years of age but has not attained sixty-five years of age; and

    (c) in the case of a spouse, common-law partner or former common-law partner, has resided in Canada after attaining eighteen years of age and prior to the day on which their application is approved for an aggregate period of at least ten years and, where that aggregate period is less than twenty years, was resident in Canada on the day preceding the day on which their application is approved.

1998, c. 21, s. 114(3)

(2) Subsection 19(5) of the Act is replaced by the following:

Cessation of allowance

(5) An allowance under this section ceases to be payable on the expiration of the month in which the spouse, common-law partner or former common-law partner in respect of whom it is paid dies, becomes the spouse or common-law partner of another person, or no longer meets the conditions set out in subsection (1).

(3) Subsection 19(6) of the Act is amended by striking out the word ``or'' at the end of paragraph (c), by adding the word ``or'' at the end of paragraph (d) and by adding the following after paragraph (d):

    (e) in the case of a common-law partner who was not a spouse immediately before the coming into force of this paragraph (``spouse'' having in this paragraph the meaning that it had immediately before that coming into force), notwithstanding subsection 23(2), any month before the month in which this paragraph comes into force.

1998, c. 21, s. 115(1)

197. (1) Subsection 21(5) of the Act is replaced by the following:

Exception to application requirement

(5) Where the spouses or the common-law partners had, before the death of the pensioner, made a joint application for the allowance under section 19 for months in the payment period of the pensioner's death or the following payment period, no application is required to be made by the pensioner's survivor under subsection (4) in respect of the payment of an allowance under this section for months in the payment period in respect of which the joint application was made.

(2) Section 21 of the Act is amended by adding the following after subsection (7):

Limitations

(7.1) In the case of a survivor who was not a widow immediately before the coming into force of this subsection (``widow'' having in this subsection the meaning that it had immediately before that coming into force),

    (a) no allowance may be paid under this section unless the survivor became a survivor on or after January 1, 1998; and

    (b) no allowance may be paid under this section for any month before the month in which this subsection comes into force.

198. (1) The definition ``supplement equivalent'' in subsection 22(1) of the Act is replaced by the following:

``supplement equivalent''
« valeur du supplément »

``supplement equivalent'' means, in respect of any month in a payment quarter, the amount of the supplement that would be payable for that month under subsection 12(1) or (2), as the case may be, to a pensioner whose spouse or common-law partner is also a pensioner when both the pensioner and the spouse or common-law partner have no income in a base calendar year and both are in receipt of a full pension;