RECOMMENDATION

Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled ``An Act to modernize the Statutes of Canada in relation to benefits and obligations''.

SUMMARY

A number of federal Acts provide for benefits or obligations that depend on a person's relationship to another individual, including their husband or wife and other family members. Most of those Acts currently provide that the benefits or obligations in relation to a husband or wife also apply in relation to unmarried opposite-sex couples who have been cohabiting in a conjugal relationship for at least one year. Some of those Acts provide for benefits or obligations in relation to certain family members of a person's husband, wife or opposite-sex common-law partner.

This enactment extends benefits and obligations to all couples who have been cohabiting in a conjugal relationship for at least one year, in order to reflect values of tolerance, respect and equality, consistent with the Canadian Charter of Rights and Freedoms.

EXPLANATORY NOTES

Agricultural Marketing Programs Act

Clause 2: (1) Subparagraph 3(2)(a)(ii.1) is new. The relevant portion of subsection 3(2) reads as follows:

(2) In the absence of proof to the contrary, producers are presumed not to deal with each other at arm's length if they are related as follows:

    (a) individuals who are cohabiting or are connected by

      . . .

      (ii) marriage, in the sense that one is married to the other or to a person who is connected with the other by blood relationship, or

(2) Subsection 3(3) reads as follows:

(3) For the purposes of subsection (2), ``group of persons'' means a producer that is a partnership, cooperative or other association of persons.

Bank Act

Clause 3: New.

Clause 4: Paragraph (f) of the definition ``associate of the offeror'' in subsection 283(1) is new. The relevant portion of that definition reads as follows:

``associate of the offeror'' means

      . . .

      (d) a spouse or child of the offeror, or

      (e) a relative of the offeror or of the offeror's spouse if that relative has the same residence as the offeror;

Clause 5: (1) Subsection 496(5) reads as follows:

(5) Notwithstanding section 501, a bank may make a loan referred to in paragraph 491(b) to the spouse of a senior officer of the bank on terms and conditions more favourable to the spouse of that officer than those offered to the public by the bank if those terms and conditions have been approved by the conduct review committee of the bank.

(2) and (3) The relevant portion of subsection 496(6) reads as follows:

(6) Notwithstanding section 501, a bank may offer financial services, other than loans or guarantees, to a senior officer of the bank, or to the spouse, or a child who is less than eighteen years of age, of a senior officer of the bank, on terms and conditions more favourable than those offered to the public by the bank if

    . . .

    (b) the conduct review committee of the bank has approved the practice of making those financial services available on those favourable terms and conditions to senior officers of the bank or to the spouses, or the children under eighteen years of age, of senior officers of the bank.

Clause 6: Subsection 675(3) reads as follows:

(3) Where a person has been convicted of an offence under this Act, the court may, where it is satisfied that as a result of the commission of the offence the convicted person acquired any monetary benefits or that monetary benefits accrued to the convicted person or to the spouse or other dependant of the convicted person, order the convicted person to pay, notwithstanding the maximum amount of any fine that may otherwise be imposed under this Act, an additional fine in an amount equal to the court's estimation of the amount of those monetary benefits.

Bankruptcy and Insolvency Act

Clause 8: (1) The definition ``child'' in subsection 2(1) reads as follows:

``child'' includes a child born out of marriage;

(2) New.

Clause 9: (1) The relevant portion of subsection 4(2) reads as follows:

(2) For the purposes of this Act, persons are related to each other and are ``related persons'' if they are

    (a) individuals connected by blood relationship, marriage or adoption;

(2) Paragraph 4(3)(f.1) is new. The relevant portion of subsection 4(3) reads as follows:

(3) For the purposes of this section,

    . . .

    (f) persons are connected by marriage if one is married to the other or to a person who is connected by blood relationship to the other; and

Clause 10: Subsection 59(3) reads as follows:

(3) Where any of the facts mentioned in section 173 or 177 are proved against the debtor, the court shall refuse to approve the proposal unless it provides reasonable security for the payment of not less than fifty cents on the dollar on all the unsecured claims provable against the debtor's estate or such percentage thereof as the court may direct.

Clause 11: Subsection 91(3) reads as follows:

(3) This section does not extend to any settlement made

    (a) before and in consideration of marriage;

    (b) in favour of a purchaser or incumbrancer in good faith and for valuable consideration; or

    (c) on or for the spouse or children of the settlor of property that has accrued to the settlor after marriage in right of the settlor's spouse or children.

Clause 12: Sections 92 and 93 read as follows:

92. Any covenant or contract made by any person, hereinafter called ``the settlor'', in consideration of the settlor's marriage, either for the future payment of money for the benefit of the settlor's spouse or children, or for the future settlement on or for the settlor's spouse or children, of property wherein the settlor had not at the date of the marriage any estate or interest, whether vested or contingent, in possession or remainder, and not being money or property in right of the settlor's spouse is, if the settlor becomes bankrupt and the covenant or contract has not been executed at the date of the initial bankruptcy event in respect of the settlor, void against the trustee except so far as it enables the persons entitled under the covenant or contract to claim a dividend in the settlor's bankruptcy proceedings under or in respect of the covenant or contract, but any such claim to a dividend shall be postponed until all claims of the other creditors have been satisfied.

93. (1) Any payment of money, not being payment of premiums on a policy of life insurance in favour of the spouse, child or children of the settlor, or any transfer of property made by the settlor in pursuance of a covenant or contract mentioned in section 92, is void against the trustee unless the person to whom the payment or transfer was made proves that

    (a) the payment or transfer was made more than six months before the date of the initial bankruptcy event in respect of the settlor;

    (b) at the date of the payment or transfer, the settlor was able to pay all his debts without the aid of the money so paid or the property so transferred; or

    (c) the payment or transfer was made in pursuance of a covenant or contract to pay or transfer money or property expected to come to the settlor from or on the death of a particular person named in the covenant or contract and was made within three months after the money or property came into the possession or under the control of the settlor.

(2) Where any payment or transfer mentioned in subsection (1) is declared void, the persons to whom it was made are entitled to claim for dividend under or in respect of the covenant or contract in like manner as if it had not been executed at the date of the initial bankruptcy event.

Clause 13: The relevant portion of subsection 113(3) reads as follows:

(3) The following persons are not entitled to vote on the appointment of a trustee or inspectors:

    (a) the father, mother, child, sister, brother, uncle or aunt by blood or marriage, or spouse of the bankrupt;

Clause 14: Subsection 121(4) reads as follows:

(4) A claim in respect of a debt or liability referred to in paragraph 178(1)(b) or (c) payable under an order or agreement made before the date of the initial bankruptcy event in respect of the bankrupt and at a time when the spouse or child was living apart from the bankrupt, whether the order or agreement provides for periodic amounts or lump sum amounts, is a claim provable under this Act.

Clause 15: Subsection 137(2) reads as follows:

(2) A spouse or former spouse of a bankrupt is not entitled to claim a dividend in respect of wages, salary, commission or compensation for work done or services rendered in connection with the trade or business of the bankrupt until all claims of the other creditors have been satisfied.

Clause 16: Section 138 reads as follows:

138. A father, child, mother, brother, sister, uncle or aunt by blood or marriage of a bankrupt is not entitled to have a claim preferred as provided by section 136, in respect of wages, salary, commission or compensation for work done or services rendered to the bankrupt.

Clause 17: Section 177 reads as follows:

177. Where

    (a) a settlement is made before and in consideration of marriage and the settlor is not at the time of making the settlement able to pay all his debts without the aid of the property comprised in the settlement, or

    (b) any covenant or contract is made in consideration of marriage for the future settlement on or for the settlor's spouse or children of any property wherein the settlor had not at the date of marriage any estate or interest, not being property of or in right of his or her spouse,

if the settlor becomes bankrupt, and it appears to the court that the settlement, covenant or contract was made in order to defeat or delay his creditors, or was unjustifiable having regard to the state of the settlor's affairs at the time when it was made, the court may refuse or suspend an order of discharge or grant an order subject to conditions in like manner as in cases where the bankrupt has been guilty of fraud.

Clause 18: The relevant portion of subsection 178(1) reads as follows:

178. (1) An order of discharge does not release the bankrupt from

    . . .

    (c) any debt or liability under a support, maintenance or affiliation order or under an agreement for maintenance and support of a spouse or child living apart from the bankrupt;

Clause 19: Section 191 reads as follows:

191. In case of the death of the bankrupt or the spouse of a bankrupt or of a witness, whose evidence has been received by any court in any proceedings under this Act, the deposition of the deceased person, purporting to be sealed with the seal of the court, or a copy thereof purporting to be so sealed, shall be admitted as evidence of the matters therein deposed to.

Clause 20: Paragraph 219(2)(d.1) is new. The relevant portion of subsection 219(2) reads as follows:

(2) On an application pursuant to subsection (1), the debtor shall file an affidavit setting out the following:

    . . .

    (c) the amount of the debtor's income from all sources, naming them, and where the debtor is married, the amount of the income of the debtor's spouse from all sources, naming them;

    (d) the debtor's business or occupation and that of the debtor's spouse, if any, and the name and address of the debtor's employer and of the debtor's spouse's employer, if any;

Bills of Exchange Act

Clause 22: Form 2 of the schedule reads as follows:

FORM 2

PROTEST FOR NON-ACCEPTANCE OR FOR NON-PAYMENT OF A BILL PAYABLE GENERALLY

(Copy of Bill and Endorsements)

On this .................... day of ...................., in the year 19......, I, A.B., notary public for the Province of ...................., dwelling at ...................., in the Province of ...................., at the request of ...................., did exhibit the original bill of exchange, whereof a true copy is above written, unto E.F., the (drawee or acceptor) thereof personally (or, at his residence, office or usual place of business) in ...................., and, speaking to himself (or his wife, his clerk, or his servant, etc.), did demand (acceptance or payment) thereof; unto which demand (he or she) answered: '' .................... ''.

Wherefore I, the said notary, at the request aforesaid, have protested, and by these presents do protest against the acceptor, drawer and endorsers (or drawer and endorsers) of the said bill, and other parties thereto or therein concerned, for all exchange, re-exchange, and all costs, damages and interest, present and to come, for want of (acceptance or payment) of the said bill.

All of which I attest by my signature.

A.B.,

Notary Public

Clause 23: Form 5 of the schedule reads as follows:

FORM 5

PROTEST FOR NON-PAYMENT OF A NOTE PAYABLE GENERALLY

(Copy of Note and Endorsements)

On this .................... day of ...................., in the year 19......, I, A.B., notary public for the Province of ...................., dwelling at ...................., in the Province of ...................., at the request of ...................., did exhibit the original promissory note, whereof a true copy is above written, unto .................... the promisor, personally (or, at his residence, office or usual place of business), in ...................., and speaking to himself (or his wife, his clerk or his servant, etc.), did demand payment thereof; unto which demand (he or she) answered: '' .................... ''.

Wherefore I, the said notary, at the request aforesaid, have protested, and by these presents do protest against the promisor and endorsers of the said note, and all other parties thereto or therein concerned, for all costs, damages and interest, present and to come, for want of payment of the said note.

All of which I attest by my signature.

A.B.,

Notary Public

Clause 24: Form 10 of the schedule reads as follows:

FORM 10

PROTEST BY A JUSTICE OF THE PEACE (WHERE THERE IS NO NOTARY) FOR NON-ACCEPTANCE OF A BILL, OR NON-PAYMENT OF A BILL OR NOTE

(Copy of Bill or Note and Endorsements)

On this .................... day of ...................., in the year 19......, I, N.O., one of Her Majesty's justices of the peace for the District (or County, etc.), of ...................., in the Province of ...................., dwelling at (or near) the village of ...................., in the said District, there being no practising notary public at or near the said village (or any other legal cause), did, at the request of .................... and in the presence of .................... well known unto me, exhibit the original (bill or note) whereof a true copy is above written unto P.Q., the (drawer, acceptor or promisor) thereof, personally (or at his residence, office or usual place of business) in .................... and speaking to himself (his wife, his clerk or his servant, etc.), did demand (payment or acceptance) thereof, unto which demand (he or she) answered: '' .................... ''.

Wherefore I, the said justice of the peace, at the request aforesaid, have protested, and by these presents do protest against the (drawer and endorsers, promisor and endorsers or acceptor, drawer and endorsers) of the said (bill or note) and all other parties thereto and therein concerned, for all exchange, re-exchange, and all costs, damages and interest, present and to come, for want of (payment or acceptance) of the said (bill or note).

All which is by these presents attested by the signature of the said (the witness) and by my hand and seal.

........................................................

(Signature of the witness)

........................................................

(Signature and seal of the J.P.)

Bridges Act

Clause 25: The relevant portion of section 14 reads as follows:

14. No inspection made under this Act, nothing in this Act nor anything done or ordered or omitted to be done or ordered under or by virtue of this Act

    (a) relieves or shall be construed to relieve any company of or from any liability or responsibility resting on it by law to Her Majesty or to any person, or the wife or husband, parent or child, executor or administrator, tutor or curator, heir or personal representative of any person, for anything done or omitted to be done by the company, or for any wrongful act, neglect or default, misfeasance, malfeasance or non-feasance of the company; or

Business Development Bank of Canada Act

Clause 26: The definition ``interested person'' in section 31 reads as follows:

``interested person'' means

      (a) the spouse or a child, brother, sister or parent of a director,

      (b) the spouse of a child, brother, sister or parent of a director, or

      (c) the father, the mother, the sister or the brother of the spouse of a director.

Canada Business Corporations Act

Clause 27: Paragraph (f) of the definition ``associate'' in subsection 2(1) is new. The relevant portion of that definition reads as follows:

``associate'' when used to indicate a relationship with any person means

      . . .

      (d) a spouse or child of that person, and

      (e) a relative of that person or of his spouse if that relative has the same residence as that person;

Canada Cooperatives Act

Clause 28: Paragraph (h) of the definition ``associate'' in subsection 2(1) is new. The relevant portion of that definition reads as follows:

``associate'', in respect of a relationship with a person, means

      . . .

      (f) a spouse or child of the person; and

      (g) a relative of the person, the relative's spouse or a relative of the person's spouse or that relative's spouse, if the relative or spouse has the same residence as the person.

Canada Corporations Act

Clause 29: Paragraph (f) of the definition ``associate'' in subsection 100(1) is new. The relevant portion of that definition reads as follows:

``associate'', when used to indicate a relationship with any person, means

      . . .

      (d) any spouse, son or daughter of that person, or

      (e) any relative of that person or any relative of his spouse if that relative has the same home as that person;

Canada Elections Act

Clause 30: New.

Clause 31: The relevant portion of subsection 15(1) reads as follows:

15. (1) The returning officer for an electoral district shall, forthwith on appointment, appoint in writing an assistant returning officer, who shall be a person

    . . .

    (b) who is not the mother, father, spouse, natural or adopted child, stepchild, brother, sister, half-brother or half-sister of the returning officer.

Clause 32: The relevant portion of section 60 reads as follows:

60. Each candidate at a general election who, on the day before the dissolution of Parliament immediately preceding the election, was a member, and any spouse or dependant of that candidate who lives with him and is qualified as an elector is, respectively, entitled

Clause 33: Subsection 126.1(2) reads as follows:

(2) An application made pursuant to subsection (1) shall be signed by the elector and shall be delivered personally to the returning officer or assistant returning officer referred to in subsection (1) by the elector or by a friend or relative of the elector.

Clause 34: (1) Subsection 135.2(1) reads as follows:

135.2 (1) If an elector requires assistance to vote, a friend or relative may accompany the elector into the voting compartment and assist the elector to mark the elector's ballot paper.

(2) Subsection 135.2(3) reads as follows:

(3) A friend or relative who wishes to assist an elector in marking a ballot paper shall first take an oath, in the prescribed form, that the person

    (a) will mark the ballot paper in the manner directed by the elector;

    (b) will keep the choice of the elector secret;

    (c) will not try to influence the elector in choosing a candidate; and

    (d) has not assisted, during the current election, another person, who is not a relative, to mark a ballot paper.

Clause 35: New.

Clause 36: The relevant portion of subsection 19(4) of Schedule II reads as follows:

(4) A member of the regular force who is not a member of the special force of the Canadian Forces may, once a year, except during an election,

    (a) subject to subsection (5), change the place of that member's ordinary residence and other particulars by completing a statement of ordinary residence in the form prescribed pursuant to subsection (1) indicating

      (i) as the place of that member's ordinary residence the city, town, village or other place in Canada, with street address, postal code and province, in which is situated

        (A) the ordinary residence of a person who is the spouse, dependant, relative or next of kin of the member,

Clause 37: Subsection 21(3) of Schedule II reads as follows:

(3) For the purposes of this section, dependant means a spouse or relative, related by blood or marriage, who ordinarily resides with the elector.

Clause 38: The relevant portion of subsection 22(1) of Schedule II reads as follows:

22. (1) To be included in the registry referred to in section 21, an elector must file with the Chief Electoral Officer an application for registration and special ballot containing such information in the form of a declaration as the Chief Electoral Officer may require, including

    (a) the address of the applicant's last place of residence in Canada prior to leaving Canada, or the address of the present residence in Canada of the applicant's spouse, a relative or any person in relation to whom the applicant is a dependant;

Clause 39: The relevant portion of subsection 49(1) of Schedule II reads as follows:

49. (1) Prior to the tenth day before ordinary polling day, the appropriate liaison officers shall cause to be completed applications for registration and special ballot in the prescribed form for every eligible elector of the correctional institution, indicating the elector's surname, given names, sex and date of birth, and the city, town, village or other place in Canada, with street address, if any, province and postal code in which is situated

    . . .

    (b) the residence of a spouse, parent or dependent of the eligible elector;

Canada Mortgage and Housing Corporation Act

Clause 41: New.

Canada Pension Plan

Clause 42: (1) The definition ``spouse'' in subsection 2(1) reads as follows:

``spouse'', in relation to a contributor, means,

      (a) except in or in relation to section 55,

        (i) if there is no person described in subparagraph (ii), a person who is married to the contributor at the relevant time, or

        (ii) a person of the opposite sex who is cohabiting with the contributor in a conjugal relationship at the relevant time, having so cohabited with the contributor for a continuous period of at least one year, and

      (b) in or in relation to section 55, a person who is married to the contributor at the relevant time,

    and, in the case of a contributor's death, the ``relevant time'', for greater certainty, means the time of the contributor's death;

(2) New.

Clause 43: The relevant portion of subsection 6(2) reads as follows:

(2) Excepted employment is

    . . .

    (d) employment of a person by his spouse, unless the remuneration paid to the person may be deducted under the Income Tax Act in computing the income of the spouse;

Clause 44: (1) The definition ``surviving spouse with dependent children'' in subsection 42(1) reads as follows:

``surviving spouse with dependent children'' means a surviving spouse of a contributor who maintains wholly or substantially one or more dependent children of the contributor;

(2) The definition ``child'' in subsection 42(1) reads as follows:

``child'' of a contributor means a child of the contributor, whether born before or after the contributor's death, and includes an individual adopted legally or in fact by the contributor while the individual was under twenty-one years of age, and an individual of whom, either legally or in fact, the contributor had, or immediately before the individual reached twenty-one years of age did have, the custody and control, but does not include a child of the contributor who is adopted legally or in fact by someone other than the contributor or his spouse prior to the death or disability of the contributor unless the contributor was maintaining the child, as defined by regulation;

(3) New.

Clause 45: (1) The relevant portion of subsection 44(1) reads as follows:

44. (1) Subject to this Part,

    . . .

    (d) a survivor's pension shall be paid to the surviving spouse, as determined pursuant to this Act, of a deceased contributor who has made contributions for not less than the minimum qualifying period, if the surviving spouse

(2) New.

Clause 46: (1) Subsection 55(1) reads as follows:

55. (1) Subject to this section, subsections 55.2(2), (3) and (4) and section 55.3, an application for a division of the unadjusted pensionable earnings of the former spouses to a marriage may be made in writing to the Minister by or on behalf of either former spouse, by the estate of either former spouse or by such person as may be prescribed, within thirty-six months or, where both former spouses agree in writing, at any time after the date of a decree absolute of divorce, of a judgment granting a divorce under the Divorce Act or of a judgment of nullity of the marriage, granted or rendered on or after January 1, 1978 and before the coming into force of section 55.1.

(2) Subsections 55(2) to (4) read as follows:

(2) For the purposes of this section,

    (a) notwithstanding paragraphs (b) and (c), the former spouses must have cohabited for at least thirty-six consecutive months during the marriage before an application made under subsection (1) may be approved by the Minister;

    (b) the marriage shall be deemed to have been solemnized or nullified or a divorce deemed to have been made final on the last day of the year preceding the registered date of the marriage or the judgment of nullity or the effective date of a decree absolute of the divorce or of a judgment granting a divorce under the Divorce Act; and

    (c) the former spouses shall be deemed to have cohabited throughout the year in which the marriage was solemnized, and shall be deemed not to have cohabited at any time during the year of divorce or of annulment of the marriage.

(3) In determining the period for which the unadjusted pensionable earnings of the former spouses shall be divided, only those months during which the former spouses cohabited during the marriage shall be considered and, for the purposes of this section, months during which former spouses cohabited shall be determined in the prescribed manner.

(4) On approval by the Minister of an application referred to in subsection (1), the unadjusted pensionable earnings for each former spouse for the period of cohabitation attributable to contributions made under this Act, determined in the same manner as the total pensionable earnings attributable to contributions made under this Act are determined in section 78, shall be added and then divided equally and the unadjusted pensionable earnings so divided shall be attributed to each former spouse.

(3) Subsections 55(6) to (8) read as follows:

(6) No division of unadjusted pensionable earnings for a period of cohabitation shall be made

    (a) where the total unadjusted pensionable earnings of the former spouses in a year does not exceed twice the Year's Basic Exemption;

    (b) for the period before which one of the former spouses to a marriage reached eighteen years of age or after which a former spouse reached seventy years of age;

    (c) for the period in which one of the former spouses to a marriage was a beneficiary of a retirement pension under this Act or under a provincial pension plan; and

    (d) for any month that is excluded from the contributory period of one of the former spouses under this Act or a provincial pension plan by reason of disability.

(7) Where an application referred to in subsection (1) has been approved and a benefit is payable under this Act to or in respect of either of the former spouses to a marriage for any month commencing on or before the day of receipt of an application under subsection (1), the basic amount of the benefit shall be calculated and adjusted in accordance with section 45 but subject to the division of unadjusted pensionable earnings made under this section and the adjusted benefit shall be paid effective the month following the month the application referred to in subsection (1) is received.

(8) On approval by the Minister of an application for division of unadjusted pensionable earnings, an applicant and the former spouse to the marriage or his estate shall be notified in a manner prescribed by regulation and, where the applicant or the former spouse to the marriage or his estate is dissatisfied with the division or the result thereof, the right of appeal as set out in this Part applies.

Clause 47: Section 55.11 is new. Section 55.1 reads as follows:

55.1 (1) Subject to this section and sections 55.2 and 55.3, a division of unadjusted pensionable earnings shall take place in the following circumstances:

    (a) following the issuance of a decree absolute of divorce, a judgment granting a divorce under the Divorce Act or a judgment of nullity of a marriage, on the Minister's being informed of the decree or judgment, as the case may be, and receiving the prescribed information;

    (b) following the approval by the Minister of an application made by or on behalf of either spouse, by the estate of either spouse or by any person that may be prescribed, if

      (i) the spouses have been living separate and apart for a period of one year or more, and

      (ii) in the event of the death of one of the spouses after they have been living separate and apart for a period of one year or more, the application is made within three years after the death; and

    (c) following the approval by the Minister of an application made by or on behalf of either former spouse, within the meaning of subparagraph (a)(ii) of the definition ``spouse'' in subsection 2(1), by the estate of one of those former spouses or by any person that may be prescribed, if

      (i) the former spouses have been living separate and apart for a period of one year or more, or

      (ii) one of the former spouses has died during that period,

    and the application is made within four years after the day on which the former spouses commenced to live separate and apart.

(2) For the purposes of this section,

    (a) spouses shall be deemed to have lived separate and apart for any period during which they lived apart and either of them had the intention to live separate and apart from the other; and

    (b) a period during which spouses have lived separate and apart shall not be considered to have been interrupted or terminated

      (i) by reason only that either spouse has become incapable of forming or having an intention to continue to live separate and apart or of continuing to live separate and apart of the spouse's own volition, if it appears to the Minister that the separation would probably have continued if the spouse had not become so incapable, or

      (ii) by reason only that the spouses have resumed cohabitation during a period of, or periods totalling, not more than ninety days with reconciliation as its primary purpose.

(3) For the purposes of this section, the spouses or former spouses must have cohabited for a continuous period of at least one year in order for a division of unadjusted pensionable earnings to take place, and, for the purposes of this subsection, a continuous period of at least one year shall be determined in a manner prescribed by regulation.

(4) In determining the period for which the unadjusted pensionable earnings of the spouses or former spouses shall be divided, only those months during which the spouses or former spouses cohabited shall be considered, and, for the purposes of this subsection, months during which the spouses or former spouses cohabited shall be determined in the prescribed manner.

(5) Before a division of unadjusted pensionable earnings is made under this section, or within the prescribed period after such a division is made, the Minister may refuse to make the division or may cancel the division, as the case may be, if the Minister is satisfied that

    (a) benefits are payable to or in respect of both spouses or former spouses; and

    (b) the amount of both benefits decreased at the time the division was made or would decrease at the time the division was proposed to be made.

(6) This section applies

    (a) in respect of decrees absolute of divorce, judgments granting a divorce under the Divorce Act and judgments of nullity of a marriage, issued after the coming into force of this section; and

    (b) in respect of spouses and former spouses who commence to live separate and apart after the coming into force of this section.

Clause 48: (1) Subsection 55.2(1) reads as follows:

55.2 (1) In this section, ``spousal agreement'' means

    (a) a pre-marriage agreement in writing between spouses-to-be that is to take effect on marriage; or

    (b) an agreement in writing between spouses or former spouses, including a separation agreement, entered into

      (i) before the day of any application made under section 55 or 55.1, or

      (ii) for the purpose of a division under paragraph 55.1(1)(a), before the issuance of the decree absolute of divorce, judgment granting a divorce under the Divorce Act or judgment of nullity of the marriage, as the case may be.

(2) Subsections 55.2(2) to (5) read as follows:

(2) Except as provided in subsection (3), where a spousal agreement was entered into or a court order was made on or after June 4, 1986, the provisions of that spousal agreement or court order are not binding on the Minister for the purposes of a division of unadjusted pensionable earnings under section 55 or 55.1.

(3) Where

    (a) a spousal agreement entered into on or after June 4, 1986 contains a provision that expressly mentions this Act and indicates the intention of the spouses or former spouses that there be no division of unadjusted pensionable earnings under section 55 or 55.1,

    (b) that provision of the spousal agreement is expressly permitted under the provincial law that governs the spousal agreement, and

    (c) that provision of the spousal agreement has not been invalidated by a court order,

the Minister shall not make a division under section 55 or 55.1.

(4) The Minister shall, forthwith after being informed of a decree absolute of divorce, a judgment granting a divorce under the Divorce Act or a judgment of nullity of a marriage or after receiving an application under section 55 or 55.1, notify each of the spouses or former spouses, in prescribed manner, of the periods of unadjusted pensionable earnings to be divided, and of such other information as the Minister deems necessary.

(5) Where there is a division under section 55.1, the unadjusted pensionable earnings for each spouse or former spouse for the period of cohabitation attributable to contributions made under this Act, determined in the same manner as the total pensionable earnings attributable to contributions made under this Act are determined in section 78, shall be added and then divided equally, and the unadjusted pensionable earnings so divided shall be attributed to each spouse or former spouse.

(3) Subsections 55.2(7) to (10) read as follows:

(7) No division under section 55.1 shall be made for any month during which the spouses or former spouses cohabited and for which either of them contributed to a provincial pension plan (and, for the purposes of this subsection, months during which the spouses or former spouses cohabited shall be determined in the prescribed manner), unless the unadjusted pensionable earnings attributed to the spouses or former spouses under the provincial pension plan are divided for that month in a manner substantially similar to that described in this section and section 55.1.

(8) No division under section 55.1 for a period of cohabitation shall be made

    (a) where the total unadjusted pensionable earnings of the spouses or former spouses in a year does not exceed twice the Year's Basic Exemption;

    (b) for the period before which one of the spouses or former spouses reached eighteen years of age or after which a spouse or former spouse reached seventy years of age;

    (c) for the period in which one of the spouses or former spouses was a beneficiary of a retirement pension under this Act or under a provincial pension plan; and

    (d) for any month that is excluded from one of the spouse's or former spouse's contributory period under this Act or a provincial pension plan by reason of disability.

(9) Where there is a division under section 55.1 and a benefit is or becomes payable under this Act to or in respect of either of the spouses or former spouses for a month not later than the month following the month in which the division takes place, the basic amount of the benefit shall be calculated and adjusted in accordance with section 46 and adjusted in accordance with subsection 45(2) but subject to the division, and the adjusted benefit shall be paid effective the month following the month in which the division takes place but in no case shall a benefit that was not payable in the absence of the division be paid in respect of the month in which the division takes place or any prior month.

(10) Where there is a division under section 55.1, both spouses or former spouses or their respective estates shall be notified in the prescribed manner.

Clause 49: Subsections 55.3(1) and (2) read as follows:

55.3 (1) Where an application for a division of unadjusted pensionable earnings is made under subsection 55(1) or 55.1(1) or the Minister receives the prescribed information referred to in paragraph 55.1(1)(a) and the Minister is satisfied, on the basis of evidence provided by or on behalf of the spouse or former spouse, that the spouse or former spouse had been incapable of forming or expressing an intention to make an application or to provide the information to the Minister on the day on which the application was actually made or the information was actually received, the Minister may deem the application to have been made or the information to have been received in the first month in which a division could have taken place or in the month that the Minister considers the spouse's or former spouse's last relevant period of incapacity to have commenced, whichever is the later.

(2) Where an application for a division of unadjusted pensionable earnings is made under subsection 55(1) or 55.1(1) or the Minister receives the prescribed information referred to in paragraph 55.1(1)(a) and the Minister is satisfied, on the basis of evidence provided by or on behalf of the spouse or former spouse, that

    (a) the spouse or former spouse had been incapable of forming or expressing an intention to make an application or to provide the information to the Minister before the day on which the application was actually made or the information was actually received by the Minister,

    (b) the spouse or former spouse had ceased to be so incapable before that day, and

    (c) the application was actually made or the information was actually received by the Minister

      (i) within the period that begins on the day on which the spouse or former spouse had ceased to be so incapable and that comprises the same number of days, not exceeding twelve months, as in the period of incapacity, or

      (ii) where the period referred to in subparagraph (i) comprises fewer than thirty days, not more than one month after the month in which the spouse or former spouse had ceased to be so incapable,

the Minister may deem the application to have been made or the information to have been received in the first month in which a division could have taken place or in the month in which the Minister considers the spouse's or former spouse's last relevant period of incapacity to have commenced, whichever is the later.

Clause 50: (1) Subsection 58(4) reads as follows:

(4) For the purpose of calculating the monthly amount of a survivor's pension under subsection (3) for any surviving spouse who

    (a) is the surviving spouse of a contributor who died prior to 1974, and

    (b) becomes entitled to a survivor's pension commencing with a month in a year after 1973,

the ratio referred to in that subsection shall be calculated as if the Pension Index for the year in which the contributor died had not been subject to the limitation referred to in paragraph 43.1(2)(a) of the Canada Pension Plan, chapter C-5 of the Revised Statutes of Canada, 1970, of 1.02 times the Pension Index for the preceding year.

(2) The relevant portion of subsection 58(8) reads as follows:

(8) Except where otherwise provided by an agreement under section 80, where a survivor's pension under this Act and a disability pension under a provincial pension plan are payable to the surviving spouse of a contributor and either the date of death of the contributor or the date on which the surviving spouse is deemed to have become disabled for the purposes of a provincial pension plan is after December 31, 1997, the amount of the survivor's pension is an amount that, when added to the amount of the disability pension for a month in the year in which the survivor's pension or the disability pension commenced to be payable, whichever is the later, equals the aggregate of

(3) The relevant portion of subsection 58(8.1) reads as follows:

(8.1) Except where otherwise provided by an agreement under section 80, where a survivor's pension under this Act and a disability pension under a provincial pension plan are payable to the surviving spouse of a contributor and subsection (8) does not apply, the amount of the survivor's pension is an amount that, when added to the amount of the disability pension for a month in the year in which the survivor's pension or the disability pension commenced to be payable, whichever is the later, equals the aggregate of

Clause 51: New.

Clause 52: (1) Subsections 65.1(1) and (2) read as follows:

65.1 (1) Notwithstanding subsection 65(1) but subject to this section, the Minister may approve the assignment of a portion of a contributor's retirement pension to his spouse, on application in prescribed manner and form by the contributor or his spouse, if the circumstances described in either subsection (6) or (7) exist.

(2) In this section, ``spousal agreement'' means

    (a) a pre-marriage agreement in writing between spouses-to-be that is to take effect on marriage; or

    (b) an agreement in writing between spouses, including a separation agreement, entered into before the day of any application made under this section.

(2) Subsections 65.1(3) to (9) read as follows:

(3) Except as provided in subsection (4), where a spousal agreement was entered into or a court order was made on or after June 4, 1986, the provisions of that spousal agreement or court order are not binding on the Minister for the purposes of an assignment under this section.

(4) Where

    (a) a spousal agreement entered into on or after June 4, 1986 contains a provision that expressly mentions this Act and indicates the intention of the spouses that there be no assignment under this section,

    (b) that provision of the spousal agreement is expressly permitted under the provincial law that governs the spousal agreement, and

    (c) that provision of the spousal agreement has not been invalidated by a court order,

the Minister shall not approve an assignment under this section.

(5) The Minister shall, forthwith after receiving an application from one spouse for an assignment under this section, notify the other spouse, in prescribed manner, that such an application has been made, and of such other information as the Minister deems necessary.

(6) Where

    (a) a retirement pension is payable to both spouses under this Act, or

    (b) a retirement pension is payable to one spouse under this Act and a retirement pension is payable to the other spouse under a provincial pension plan and an agreement under section 80 provides for an assignment in this circumstance,

the assignment shall be made in respect of both retirement pensions and, in the case described in paragraph (b), in accordance with the agreement.

(7) Where

    (a) one spouse is a contributor under this Act and the other spouse is not a contributor under either this Act or a provincial pension plan,

    (b) a retirement pension is payable under this Act to the contributor spouse, and

    (c) the non-contributor spouse has reached sixty years of age,

the assignment shall be made only in respect of the retirement pension of the contributor spouse.

(8) In subsection (9),

``joint contributory period'' means the period commencing on January 1, 1966 or with the month in which the elder of the two spouses reaches eighteen years of age, whichever is later, and ending

      (a) where both spouses are contributors, with the month in which the later of their respective contributory periods ends, or

      (b) where only one spouse is a contributor, with the later of

        (i) the month in which the contributor's contributory period ends, and

        (ii) the earlier of the month in which the non-contributor reaches seventy years of age and the month in which an application for an assignment of a retirement pension is approved,

    but excluding, where subsection (6) applies, any month that is excluded from the contributory period of both spouses pursuant to paragraph 49(c) or (d);

``period of cohabitation'' has the prescribed meaning, but in all cases shall be deemed to end with the month in which the joint contributory period ends.

(9) The portion of a contributor's retirement pension to be assigned to his spouse under this section is an amount calculated by multiplying

    (a) the amount of the contributor's retirement pension, calculated in accordance with sections 45 to 53,

by

    (b) fifty per cent of the ratio that the number of months in the period of cohabitation bears to the number of months in the joint contributory period.

(3) Subsections 65.1(11) and (11.1) read as follows:

(11) An assignment under this section ceases with the earliest of

    (a) the month in which either spouse dies,

    (b) the twelfth month following the month in which the spouses commence to live separate and apart within the meaning of subsection 55.1(2),

    (c) where subsection (7) applies, the month in which the non-contributor spouse becomes a contributor,

    (d) the month in which a decree absolute of divorce, a judgment granting a divorce under the Divorce Act or a judgment of nullity of a marriage is issued, and

    (e) the month following the month in which the Minister approves a request or requests in writing from both spouses that the assignment be cancelled.

(11.1) Where paragraph (11)(e) applies, either spouse may make a request in writing to the Minister to have the assignment reinstated.

(4) Subsection 65.1(12) reads as follows:

(12) On approval by the Minister of an assignment under this section, both spouses shall be notified in the prescribed manner.

Clause 53: Subsection 66(5) reads as follows:

(5) Where the Minister is satisfied that a person has been denied a division of unadjusted pensionable earnings under section 55 or 55.1 as a result of the provisions of a spousal agreement entered into or a court order made before June 4, 1986, the Minister shall take such remedial action as the Minister considers appropriate to place the person in the position that the person would be in under this Act had the division been approved, including attributing to that person the earnings that would have been attributed had the division been approved, if

    (a) the agreement or order does not contain a provision that expressly mentions this Act and indicates the intention of the spouses or former spouses that there be no division of unadjusted pensionable earnings under section 55 or 55.1; and

    (b) all other criteria specified by or under this Act respecting divisions are met.

Clause 54: (1) and (2) The relevant portion of section 72 reads as follows:

72. Subject to section 62, where payment of a survivor's pension is approved, the pension is payable for each month commencing with the month following

(3) New.

Clause 55: New.

Clause 56: The relevant portion of section 75 reads as follows:

75. Where a disabled contributor's child's benefit is payable to a child of a disabled contributor or an orphan's benefit is payable to an orphan of a contributor, payment thereof shall, if the child or orphan has not reached eighteen years of age, be made to the person or agency having custody and control of the child or orphan, or, where there is no person or agency having custody and control of the child or orphan, to such person or agency as the Minister may direct, and for the purposes of this Part,

    . . .

    (b) the surviving spouse, if any, of the contributor, in relation to an orphan, except where the orphan is living apart from the spouse,

Clause 57: The relevant portion of subsection 76(1) reads as follows:

76. (1) A disabled contributor's child's benefit ceases to be payable with the payment for the month in which

    . . .

    (d) the child is adopted legally or in fact by someone other than the disabled contributor or his spouse, unless the disabled contributor is maintaining the child, as defined by regulation; or

Clause 58: The relevant portion of subsection 80(1) reads as follows:

80. (1) Notwithstanding section 77, the Minister, with the approval of the Governor in Council, may on behalf of the Government of Canada enter into an agreement with the appropriate authority of a province providing a comprehensive pension plan to provide for the administration and coordination of this Act and the provincial pension plan in respect of persons who are contributors under this Act or the provincial plan or both, including, without limiting the generality of the foregoing,

    . . .

    (c) the determination, processing and approval of applications for assignments, under this Act or under the provincial pension plan, of a retirement pension to the spouse of a contributor;

Clause 59: (1) Section 81 reads as follows:

81. (1) Where

    (a) a spouse, former spouse or estate is dissatisfied with any decision made under section 55, 55.1, 55.2 or 55.3,

    (b) an applicant is dissatisfied with any decision made under section 60,

    (c) a beneficiary is dissatisfied with any determination as to the amount of a benefit payable to the beneficiary or as to the beneficiary's eligibility to receive a benefit, or

    (d) a beneficiary or the beneficiary's spouse is dissatisfied with any decision made under section 65.1,

the spouse, former spouse, estate, applicant, beneficiary or beneficiary's spouse or, subject to the regulations, any person on behalf thereof may, within ninety days after the day on which the spouse, former spouse, estate, applicant, beneficiary or beneficiary's spouse is notified in the prescribed manner of the decision or determination, or within such longer period as the Minister may either before or after the expiration of those ninety days allow, make a request to the Minister in the prescribed form and manner for a reconsideration of that decision or determination.

(2) The Minister shall forthwith reconsider any decision or determination referred to in subsection (1) and may confirm or vary it, and may approve payment of a benefit, determine the amount of a benefit or determine that no benefit is payable, and shall thereupon in writing notify the spouse, former spouse, estate, applicant, beneficiary or beneficiary's spouse of the Minister's decision and of the reasons therefor.

(2) Subsection 81(2), as enacted by chapter 40 of the Statutes of Canada, 1997, reads as follows:

(2) The Minister shall reconsider without delay any decision or determination referred to in subsection (1) or (1.1) and may confirm or vary it, and may approve payment of a benefit, determine the amount of a benefit or determine that no benefit is payable, and shall notify in writing the spouse, former spouse, estate or succession, applicant, beneficiary or beneficiary's spouse of the Minister's decision and of the reasons for it.

Clause 60: Subsection 82(1) reads as follows:

82. (1) A spouse, former spouse, estate, applicant, beneficiary or beneficiary's spouse who is dissatisfied with a decision of the Minister made under section 81 or subsection 84(2), or a person who is dissatisfied with a decision of the Minister made under subsection 27.1(2) of the Old Age Security Act, or, subject to the regulations, any person on their behalf, may appeal the decision to a Review Tribunal in writing within 90 days, or any longer period that the Commissioner of Review Tribunals may, either before or after the expiration of those 90 days, allow, after the day on which the spouse, former spouse, estate, applicant, beneficiary or beneficiary's spouse is notified in the prescribed manner of the decision or the person is notified in writing of the Minister's decision and of the reasons for it.

Clause 61: Subsection 83(1) reads as follows:

83. (1) A spouse, former spouse, estate, applicant, beneficiary or beneficiary's spouse or, subject to the regulations, any person on behalf thereof, or the Minister, if dissatisfied with a decision of a Review Tribunal made under section 82, other than a decision made in respect of an appeal referred to in subsection 28(1) of the Old Age Security Act, or under subsection 84(2), may, within ninety days after the day on which that decision is communicated to the spouse, former spouse, estate, applicant, beneficiary, beneficiary's spouse, person or Minister, or within such longer period as the Chairman or Vice-Chairman of the Pension Appeals Board may either before or after the expiration of those ninety days allow, apply in writing to the Chairman or Vice-Chairman for leave to appeal that decision to the Pension Appeals Board.

Clause 62: Section 87 reads as follows:

87. Subject to such conditions as may be prescribed, the Minister is entitled, for the purpose of ascertaining the age of any applicant or beneficiary or his spouse or former spouse, to obtain from Statistics Canada, on request, any information respecting that person's age that is contained in the returns of any census taken more than thirty years before the date of the request.

Clause 63: Subsection 88(1) reads as follows:

88. (1) Where a contributor or beneficiary or the spouse or former spouse of a contributor or beneficiary has, either before or after the coming into force of this section, disappeared under circumstances that, in the opinion of the Minister, raise beyond a reasonable doubt a presumption that the contributor, beneficiary, spouse or former spouse is dead, the Minister may determine the date for the purposes of this Act on which that person's death is presumed to have occurred, and thereupon that person shall be deemed for all purposes of this Act to have died on that date.

Canadian Forces Superannuation Act

Clause 66: Section 25.1 reads as follows:

25.1 (1) Where a contributor who is entitled to an annuity under this Act has a spouse and the spouse would not be entitled to an immediate annual allowance under any other provision of this Act in the event of the contributor's death, the contributor may, subject to the regulations, elect to reduce the amount of the annuity to which the contributor is entitled in order that the spouse could become entitled to an immediate annual allowance under subsection (3).

(2) If a contributor makes an election under subsection (1), the amount of the annuity to which the contributor is entitled shall be reduced in accordance with the regulations but the actuarial present value of both the reduced annuity and the immediate annual allowance to which the spouse could become entitled under subsection (3) may not be less than the actuarial present value of the annuity to which the contributor is entitled immediately before the reduction is made.

(3) Where a contributor who has made an election under subsection (1) dies and the election is not deemed to be revoked under subsection (4), the person, if any, who was the spouse of the contributor both at the time of the election and at the time of death is entitled to an immediate annual allowance in an amount determined in accordance with the election and the regulations.

(4) If a contributor who makes an election under subsection (1) is subsequently re-enrolled in or transferred to the regular force and required by subsection 5(1) to contribute to the Superannuation Account, the election is deemed to be revoked at the time determined in accordance with the regulations.

(5) Section 29 does not apply in respect of a person referred to in subsection (3).

Clause 67: (1) Subsection 36(1) reads as follows:

36. (1) Where any court in Canada of competent jurisdiction has made a financial support order requiring a recipient to pay an amount to a spouse, former spouse, child or other person, amounts payable to the recipient under this Part or Part III are subject to being diverted to the person named in the financial support order in accordance with Part II of the Garnishment, Attachment and Pension Diversion Act.

(2) Subsection 36(4) reads as follows:

(4) For the purposes of Part II of the Garnishment, Attachment and Pension Diversion Act, all survivors within the meaning of this Act are deemed to be included in the definition ``recipient'' in subsection 32(1) of that Act.

Clause 68: The relevant portion of subsection 50.1(1) reads as follows:

50.1 (1) The Governor in Council may make regulations

    . . .

    (e) prescribing the time at which and the manner in which an election may be made under subsection 25.1(1) and determining, for the purposes of subsection 25.1(4), the time at which the election is deemed to be revoked;

    (f) respecting the reduction to be made in the amount of an annuity under subsection 25.1(2);

    (g) respecting the amount of the immediate annual allowance to be paid to a spouse under subsection 25.1(3);

Canadian Peacekeeping Service Medal Act

Clause 69: New. The relevant portion of section 8 reads as follows:

8. The Governor in Council may make regulations

Canadian Wheat Board Act

Clause 70: Subsection 10(1) reads as follows:

10. (1) The Corporation may, with the approval of the Governor in Council, establish a pension fund for the directors and the officers, clerks and employees employed by the Corporation under this Act and their dependants, and may contribute to it out of funds of the Corporation.

Clause 71: Subsection 11(1) reads as follows:

11. (1) With the approval of the Governor in Council, the Corporation may enter into a contract with any person

    (a) for the provision of a group life insurance plan, and

    (b) for the provision of a group medical-surgical insurance plan

for the directors and the officers, clerks and employees employed by the Corporation under this Act and their dependants.

Clause 72: New.

Carriage by Air Act

Clause 73: Section 1 of Schedule II reads as follows:

1. The liability shall be enforceable for the benefit of such of the members of the passenger's family as sustained damage by reason of the death of the passenger.

In this paragraph, reference to a ``member of a family'' is to a wife or husband, parent, step-parent, grandparent, brother, sister, half-brother, half-sister, child, step-child or grandchild.

In deducing any such relationship, any illegitimate person and any adopted person shall be treated as being, or as having been, the legitimate child of the mother and reputed father or the adopters, as the case may be, of the person.

Citizenship Act

Clause 74: New.

Civil Service Insurance Act

Clause 78: New.

Clause 79: New.

Civilian War-related Benefits Act

Clause 80: Section 29 reads as follows:

29. No pension for death shall be awarded under this Part to or in respect of any person other than the surviving spouse and children of the special constable on account of whose death pension is claimed.

Clause 81: Section 34 reads as follows:

34. (1) No pension shall be awarded under this Part to the surviving spouse of any person in respect of the death of the person unless the surviving spouse wholly or to a substantial extent maintained or was maintained by him at the time of his death and unless the surviving spouse was married to him prior to the day the war service injury in respect of which a pension is claimed was sustained.

(2) No additional pension shall be awarded under this Part to any person in respect of his spouse unless the spouse was wholly or to a substantial extent maintained by him immediately prior to the day the war service injury in respect of which an additional pension is claimed was sustained.

Clause 82: Section 53 reads as follows:

53. Where a Civilian Member of Overseas Air Crew, during service and as a direct result of enemy action or counteraction against the enemy, incurred an injury or disease or aggravation thereof resulting in serious disability or death and is in necessitous circumstances, or, in the case of death, a surviving spouse, child or children are in necessitous circumstances, or, there being no surviving spouse or children, a dependent parent or parents are in necessitous circumstances, the Minister may in the Minister's discretion award such pension and allowances, not exceeding the rates payable under Schedules I, II and III of the Pension Act, as the Minister may from time to time deem to be adequate.

Cooperative Credit Associations Act

Clause 84: New.

Clause 85: Subsection 466(3) reads as follows:

(3) Where a person has been convicted of an offence under this Act, the court may, where it is satisfied that as a result of the commission of the offence the convicted person acquired any monetary benefits or that monetary benefits accrued to the convicted person or to the spouse or other dependant of the convicted person, order the convicted person to pay, notwithstanding the maximum amount of any fine that may otherwise be imposed under this Act, an additional fine in an amount equal to the court's estimation of the amount of those monetary benefits.

Corporations Returns Act

Clause 87: (1) The definition ``related group'' in subsection 2(1) reads as follows:

``related group'' means a group of individuals each member of which is connected to at least one other member of the group by blood relationship, marriage or adoption;

(2) New.

(3) Paragraph 2(3)(b.1) is new. The relevant portion of subsection 2(3) reads as follows:

(3) For the purposes of this Act,

    . . .

    (b) individuals are connected by marriage if one is married to the other or to a person who is connected by blood relationship to the other; and

Corrections and Conditional Release Act

Clause 88: The relevant portion of the definition ``victim'' in subsection 2(1) reads as follows:

``victim''

      . . .

      (b) where the person described in paragraph (a) is dead, ill or otherwise incapacitated, includes the spouse or any relative of that person, anyone who has in law or fact the custody of that person or is responsible for the care or support of that person or any dependant of that person;

Cree-Naskapi (of Quebec) Act

Clause 89: (1) The relevant portion of the definition ````Inuk of Fort George'' or ``Inuit of Fort George'''' in subsection 2(1) reads as follows:

``Inuk of Fort George'' (in the singular) or ``Inuit of Fort George'' (in the plural) means a person who

      . . .

      (b) is a legitimate or an illegitimate descendant of a person described in paragraph (a),

      (c) is an adopted child of a person described in paragraph (a) or (b),

      (d) is married to a person described in paragraph (a), (b) or (c), where the marriage was solemnized in accordance with, or is recognized under, the laws of the Province, or

(2) New.

Clause 90: (1) and (2) Paragraph (c) of the definition ``consorts'' in section 174 is new. The relevant portion of that definition reads as follows:

``consorts'' means

Criminal Code

Clause 91: New.

Clause 92: Subsection 23(2) reads as follows:

(2) No married person whose spouse has been a party to an offence is an accessory after the fact to that offence by receiving, comforting or assisting the spouse for the purpose of enabling the spouse to escape.

Clause 93: (1) The relevant portion of subsection 215(1) reads as follows:

215. (1) Every one is under a legal duty

    . . .

    (b) as a married person, to provide necessaries of life to his spouse; and

(2) and (3) The relevant portion of subsection 215(4) reads as follows:

(4) For the purpose of proceedings under this section,

    (a) evidence that a person has cohabited with a person of the opposite sex or has in any way recognized that person as being his spouse is, in the absence of any evidence to the contrary, proof that they are lawfully married;

    . . .

    (c) evidence that a person has left his spouse and has failed, for a period of any one month subsequent to the time of his so leaving, to make provision for the maintenance of his spouse or for the maintenance of any child of his under the age of sixteen years is, in the absence of any evidence to the contrary, proof that he has failed without lawful excuse to provide necessaries of life for them; and

Clause 94: Section 329 reads as follows:

329. (1) Subject to subsection (2), no husband or wife, during cohabitation, commits theft of anything that is by law the property of the other.

(2) A husband or wife commits theft who, intending to desert or on deserting the other or while living apart from the other, fraudulently takes or converts anything that is by law the property of the other in a manner that, if it were done by another person, would be theft.

(3) Every one commits theft who, during cohabitation of a husband and wife, knowingly

    (a) assists either of them in dealing with anything that is by law the property of the other in a manner that would be theft if they were not married; or

    (b) receives from either of them anything that is by law the property of the other and has been obtained from the other by dealing with it in a manner that would be theft if they were not married.

Customs Act

Clause 96: The relevant portion of subsection 45(3) reads as follows:

(3) For the purposes of sections 46 to 55, persons are related to each other if

    (a) they are individuals connected by blood relationship, marriage or adoption within the meaning of subsection 251(6) of the Income Tax Act;

Defence Services Pension Continuation Act

Clause 97: Section 26.1 reads as follows:

26.1 (1) Where an officer who is in receipt of a pension has a spouse and, by reason of paragraph 26(d) or (e), a pension could not be granted to the spouse under section 25 in the event of the officer's death, the officer may elect, at the prescribed time and in the prescribed manner, to reduce the amount of the officer's pension in order that a pension could be granted to the spouse under subsection (3).

(2) If an officer makes an election, the amount of the officer's pension shall be reduced in accordance with the regulations, but the actuarial present value of both the reduced pension and the pension that could be granted to the spouse under subsection (3) may not be less than the actuarial present value of the officer's pension immediately before the reduction is made.

(3) The Minister shall grant a pension to the widow of any officer who makes an election if

    (a) the widow was the spouse of the officer both at the time of the election and at the time of death; and

    (b) the election has not been revoked under subsection (5).

(4) The pension granted to a widow under subsection (3) shall be in an amount determined in accordance with the regulations.

(5) If an officer who makes an election is subsequently enrolled in or transferred to the regular force and required by subsection 5(1) of the Canadian Forces Superannuation Act to contribute to the Canadian Forces Superannuation Account, the election is deemed to be revoked at the time determined in accordance with the regulations, but otherwise an election is irrevocable.

(6) Section 32 does not apply to a widow who is granted a pension under subsection (3).

(7) The Governor in Council may make regulations

    (a) prescribing the time at which and manner in which an election may be made under subsection (1);

    (b) respecting the reduction to be made in the amount of an officer's pension under subsection (2);

    (c) respecting the amount of the pension granted to a widow under subsection (3);

    (d) determining the time at which an election is deemed to be revoked under subsection (5); and

    (e) generally as the Governor in Council considers necessary for carrying out the purposes and provisions of this section.

Clause 98: (1) Subsection 35.1(1) reads as follows:

35.1 (1) Where any court in Canada of competent jurisdiction has made a financial support order requiring a pensioner to pay an amount to a spouse, former spouse, child or other person, amounts payable to the pensioner under this Act are subject to being diverted to the person named in the financial support order in accordance with Part II of the Garnishment, Attachment and Pension Diversion Act.

(2) Subsection 35.1(3) reads as follows:

(3) For the purposes of Part II of the Garnishment, Attachment and Pension Diversion Act, all survivors within the meaning of this Act are deemed to be included in the definition ``recipient'' in subsection 32(1) of that Act.

Diplomatic Service (Special) Superannuation Act

Clause 99: New.

Clause 100: (1) Subsections 5(9.1) to (9.4) are new. Subsection 5(9) reads as follows:

(9) On the death of a Public Official who is a contributor under this Act, other than a Public Official who has made an election under subsection 9(1), there shall be paid, as a death benefit, to his surviving spouse the total amount of the contributions made by that Public Official under this Part, together with interest, if any, calculated pursuant to subsection (10).

(2) The relevant portion of subsection 5(10) reads as follows:

(10) Where, at any time after December 31, 1974, a Public Official or his surviving spouse becomes entitled, pursuant to subsection (1), (8) or (9) or 9(6) or section 12, to be paid any amount of the contributions made by the Public Official under this Part, the President of the Treasury Board shall

Clause 101: (1) Subsections 9(2.1) to (2.4) are new. Subsections 9(2) and (3) read as follows:

(2) Where a Public Official is receiving a pension under subsection (1), his spouse is entitled to a pension equal to one-half of the pension to which that Public Official is entitled.

(3) Where a Public Official who has made an election under subsection (1) dies while holding office as a Public Official, his surviving spouse is entitled to a pension equal to one-half of the pension to which that Public Official would have been entitled had he, immediately prior to his death, retired or resigned from his office, having become afflicted with a permanent infirmity disabling him from the due execution of his office.

(2) Subsections 9(7) to (10) are new. Subsection 9(6) reads as follows:

(6) Where a Public Official who has made an election under subsection (1) dies while holding office as a Public Official and the surviving spouse is not entitled to a pension under subsection (3), there shall be paid, as a death benefit, to the surviving spouse the total amount of the contributions made by the Public Official under this Part, together with interest, if any, calculated pursuant to subsection 5(10).

Clause 102: New.

Clause 103: Subsection 11(5) reads as follows:

(5) Sections 5 and 6 do not apply to a Public Official who has made an election under this section, and section 9 does not apply to the spouse or surviving spouse of a Public Official who has made an election under this section.

Clause 104: Section 12 reads as follows:

12. Where, on the death of a Public Official, there is no surviving spouse to whom a pension or return of contributions under this Part may be paid, or where the surviving spouse of a Public Official who is or would be entitled to a pension under this Act dies or ceases to be entitled thereto, any amount by which the total amount of the contributions made by the Public Official under this Part, together with interest, if any, calculated pursuant to subsection 5(10), exceeds the total amount paid to the Public Official and the surviving spouse under this Act shall be paid, as a death benefit, to his estate or, if less than one thousand dollars, as the President of the Treasury Board may direct.

Clause 105: Subsection 14(2) reads as follows:

(2) Where any court in Canada of competent jurisdiction has made a financial support order requiring a Public Official to whom a pension or a return of contributions has become payable under this Act to pay an amount to a spouse, former spouse, child or other person, amounts payable to that Public Official under this Act are subject to being diverted to the person named in the financial support order in accordance with Part II of the Garnishment, Attachment and Pension Diversion Act.

Employment Insurance Act

Clause 106: New.

Clause 107: (1) Subsections 23(1) and (2) read as follows:

23. (1) Notwithstanding section 18, but subject to this section, benefits are payable to a major attachment claimant to care for one or more new-born children of the claimant or one or more children placed with the claimant for the purpose of adoption under the laws governing adoption in the province in which the claimant resides.

(2) Subject to section 12, benefits under this section are payable for each week of unemployment in the period

    (a) that begins with the week in which the child or children of the claimant are born or the child or children are actually placed with the claimant for the purpose of adoption; and

    (b) that ends 52 weeks after the week in which the child or children of the claimant are born or the child or children are actually placed with the claimant for the purpose of adoption.

(2) Subsection 23(4) reads as follows:

(4) Weeks of benefits payable under this section may be divided between the parents of the child or children.

(3) New.

Clause 108: The relevant portion of section 29 reads as follows:

29. For the purposes of sections 30 to 33,

    . . .

    (c) just cause for voluntarily leaving an employment or taking leave from an employment exists if the claimant had no reasonable alternative to leaving or taking leave, having regard to all the circumstances, including any of the following:

      . . .

      (ii) obligation to accompany a spouse or dependent child to another residence,

Clause 109: New. The relevant portion of section 54 reads as follows:

54. The Commission may, with the approval of the Governor in Council, make regulations

Escheats Act

Clause 110: The relevant portion of section 5 reads as follows:

5. No action shall be brought or maintained against Her Majesty the Queen in right of Canada, the Attorney General of Canada or any minister or officer of Her Majesty in right of Canada, by any person claiming to be entitled in that behalf as heir or next of kin, or by or on behalf of the shareholders or creditors of any corporation, association or society that has been finally dissolved or wound up or that has ceased to exist, to recover

Excise Tax Act

Clause 111: (1) The definition ``former spouse'' in subsection 123(1) reads as follows:

``former spouse'' of a particular individual includes an individual of the opposite sex with whom the particular individual cohabited in a conjugal relationship;

(2) New.

Clause 112: Subsection 325(4) reads as follows:

(4) Notwithstanding subsection (1), where at any time an individual transfers property to the individual's spouse under a decree, order or judgment of a competent tribunal or under a written separation agreement and, at that time, the individual and the individual's spouse were separated and living apart as a result of a breakdown of their marriage, for the purposes of paragraph (1)(d), the fair market value at that time of the property so transferred shall be deemed to be nil, but nothing in this subsection limits the liability of the individual under any provision of this Part.

Family Orders and Agreements Enforcement Assistance Act

Clause 115: The long title reads as follows:

An Act to provide for the release of information that may assist in locating defaulting spouses and other persons and to permit, for the enforcement of support orders and support provisions, the garnishment and attachment of certain moneys payable by Her Majesty in right of Canada

Firearms Act

Clause 116: New.

Foreign Missions and International Organizations Act

Clause 119: New.

Garnishment, Attachment and Pension Diversion Act

Clause 120: The relevant portion of the definition ``recipient'' in subsection 32(1) reads as follows:

``recipient'' means

      (a) in respect of a pension benefit referred to in any of paragraphs (a) to (g) of the definition ``pension benefit'', a person to whom the pension benefit is immediately payable, but does not include a person whose entitlement to the pension benefit is based on his or her status as a surviving spouse or surviving child of the person who was originally entitled to the pension benefit or would have been entitled to it had death not intervened, or

Clause 121: The relevant portion of subsection 33(1) reads as follows:

33. (1) Subject to this Part and the regulations, where

    (a) any court in Canada of competent jurisdiction has, either before or after January 1, 1984,

      (i) made a financial support order requiring a person to pay an amount to a spouse, former spouse, child or other person, or

Government Annuities Act

Clause 122: New.

Clause 123: (1) and (2) The relevant portion of subsection 8(3) reads as follows:

(3) When a married man who has purchased an annuity payable to himself applies to have a portion thereof converted into an annuity payable to his wife, or when a married woman who has purchased an annuity payable to herself applies to have a portion thereof converted into an annuity payable to her husband, the Minister may make such conversion, if

    . . .

    (b) the annuity so made payable to the wife does not exceed one-half of the husband's annuity, or the annuity so made payable to the husband does not exceed one-half of the wife's annuity, and

Government Corporations Operation Act

Clause 124: Subsection 5(1.1) is new. Subsection 5(1) reads as follows:

5. (1) The Public Service Superannuation Act does not apply to officers and employees employed by a corporation but each corporation may, with the approval of the Governor in Council, establish and support a pension fund, a group insurance plan or other pension or superannuation arrangements for the benefit of officers and employees employed by the corporation and their dependants and a corporation may, with the approval of the Governor in Council, continue any such fund, plan or arrangement, established by the corporation, that existed on July 26, 1946.

Government Employees Compensation Act

Clause 125: New.

Clause 126: Section 10 reads as follows:

10. The parent, tutor or guardian of an infant dependant may make an election under section 9 for that dependant.

Governor General's Act

Clause 127: New.

Clause 128: Sections 7 and 8 read as follows:

7. (1) Where a person who is in receipt of an annuity under section 6 dies, there shall be paid to the surviving spouse of that person, if the surviving spouse was the spouse of that person at the time that person ceased to hold the office of Governor General, an annuity equal to one-half of the annuity that was being paid to that person.

(2) Where a Governor General dies while holding office as such, there shall be paid to the surviving spouse of the Governor General an annuity equal to one-half of the annuity that would have been paid to the Governor General if he had retired on the day on which he died.

(3) An annuity payable to a surviving spouse under this section shall commence immediately after the death of that person's spouse and shall continue thereafter during the life of the surviving spouse.

8. (1) There shall be paid to the widow of a person who before March 10, 1967 ceased to hold the office of Governor General of Canada and died, if she was his wife at the time he ceased to hold that office, an annuity equal to one-sixth of the salary annexed to the office of Governor General on March 10, 1967.

(2) An annuity payable under subsection (1) shall commence on March 10, 1967 and shall continue thereafter during the life of the annuitant.

Clause 129: Subsection 11(1) reads as follows:

11. (1) Where any court in Canada of competent jurisdiction has made a financial support order requiring a person in receipt of an annuity under subsection 6(1) to pay an amount to a spouse, former spouse, child or other person, amounts payable to the annuitant under that subsection are subject to being diverted to the person named in the financial support order in accordance with Part II of the Garnishment, Attachment and Pension Diversion Act.

Income Tax Act

Clause 131: (1) and (2) The relevant portion of subsection 118(1) reads as follows:

118. (1) For the purpose of computing the tax payable under this Part by an individual for a taxation year, there may be deducted an amount determined by the formula

A x B

where

. . .

B is the total of,

      . . .

      (b) in the case of an individual who does not claim a deduction for the year because of paragraph (a) and who, at any time in the year,

        (i) is an unmarried person or a married person who neither supported nor lived with the married person's spouse and is not supported by the spouse, and

        . . .

      (b.1) for each individual (other than a trust), the amount, if any, by which the total of

        . . .

        (ii) if an amount is deducted under paragraph (a) or (b) by the individual for the year in respect of another individual (or would be so deducted if the other individual had no income for the year), the lesser of

          . . .

          (B) the amount, if any, by which

            . . .

          exceeds

            (II) the other individual's income for the year or, where the other individual is the individual's spouse and both persons are living separate and apart at the end of the year by reason of a breakdown of their marriage, the other individual's income for the year while married and not so separated

(3) The relevant portion of subsection 118(4) reads as follows:

(4) For the purposes of subsection (1), the following rules apply:

    . . .

    (a.1) no amount may be deducted under subsection (1) because of paragraph (b) of the description of B in subsection (1) by an individual for a taxation year for a person in respect of whom an amount is deducted because of paragraph (a) of that description by another individual for the year if, throughout the year, the person and that other individual are married to each other and are not living separate and apart because of a breakdown of their marriage;

Clause 132: The relevant portion of subsection 118.3(2) reads as follows:

(2) Where

    (a) an individual has, in respect of a person (other than a person in respect of whom the person's spouse deducts for a taxation year an amount under section 118 or 118.8) who is resident in Canada at any time in the year and who is entitled to deduct an amount under subsection (1) for the year,

      . . .

      (ii) could have claimed for the year a deduction referred to in subparagraph (i) in respect of the person if

        . . .

        (B) in the case of a deduction referred to in clause (i)(A), the individual were not married, and

Clause 133: The relevant portion of section 118.8 reads as follows:

118.8 For the purpose of computing the tax payable under this Part for a taxation year by an individual who, at any time in the year, is a married person (other than an individual who, by reason of a breakdown of their marriage, is living separate and apart from the individual's spouse at the end of the year and for a period of 90 days commencing in the year), there may be deducted an amount determined by the formula

Clause 134: (1) The definition ``family'' in subsection 143(4) reads as follows:

``family'' means,

      (a) in the case of an unmarried adult, that person and the person's unmarried children who are not adults, and

      (b) in the case of a married adult, that person and the person's spouse and the unmarried children of either or both of them who are not adults

    but does not include an individual who is included in any other family or who is not a member of the congregation in which the family is included;

(2) The relevant portion of the definition ``member of a congregation'' in subsection 143(4) reads as follows:

``member of a congregation'' means

      . . .

      (b) an unmarried child, other than an adult, of an adult referred to in paragraph (a), if the child lives with the members of the congregation;

Clause 136: The relevant portion of the definition ``annuitant'' in subsection 146.3(1) reads as follows:

``annuitant'' under a retirement income fund at any time means

      . . .

      (b) after the death of the first individual, a spouse (in this paragraph referred to as the ``surviving spouse'') of the first individual to whom the carrier has undertaken to make payments described in the definition ``retirement income fund'' out of or under the fund after the death of the first individual, where the surviving spouse is alive at that time and the undertaking was made pursuant to an election described in that definition of the first individual or with the consent of the legal representative of the first individual, and

      (c) after the death of the surviving spouse, another spouse of the surviving spouse to whom the carrier has undertaken, with the consent of the legal representative of the surviving spouse, to make payments described in the definition ``retirement income fund'' out of or under the fund after the death of the surviving spouse, where that other spouse is alive at that time;

Clause 137: The relevant portion of subsection 204.81(1) reads as follows:

204.81 (1) The Minister may register a corporation for the purposes of this Part if, in the opinion of the Minister, it complies with the following conditions:

    . . .

    (c) the articles of the corporation provide that

      . . .

      (v) the corporation shall not redeem a Class A share in respect of which an information return described in paragraph (6)(c) has been issued unless

        (A) where the share is held by the specified individual in respect of the share, a spouse or former spouse of that individual or a trust governed by a registered retirement savings plan or registered retirement income fund under which that individual or spouse is the annuitant,

Clause 138: Subsection 227(3) reads as follows:

(3) Every person who fails to file a return as required by subsection (2) is liable to have the deduction or withholding under section 153 on account of the person's tax made as though the person were an unmarried person without dependants.

Clause 139: (2) New.

Clause 140: New. The relevant portion of subsection 251(6) reads as follows:

(6) For the purposes of this Act, persons are connected by

Clause 141: (1) The relevant portion of subsection 252(2) reads as follows:

(2) In this Act, words referring to

    . . .

    (e) an aunt or great-aunt of a taxpayer include the spouse of the taxpayer's uncle or great-uncle, as the case may be;

    (f) an uncle or great-uncle of a taxpayer include the spouse of the taxpayer's aunt or great-aunt, as the case may be; and

(2) Subsection 252(4) reads as follows:

(4) In this Act,

    (a) words referring to a spouse at any time of a taxpayer include the person of the opposite sex who cohabits at that time with the taxpayer in a conjugal relationship and

      (i) has so cohabited with the taxpayer throughout a 12-month period ending before that time, or

      (ii) would be a parent of a child of whom the taxpayer would be a parent, if this Act were read without reference to paragraph (1)(e) and subparagraph (2)(a)(iii)

    and, for the purposes of this paragraph, where at any time the taxpayer and the person cohabit in a conjugal relationship, they shall, at any particular time after that time, be deemed to be cohabiting in a conjugal relationship unless they were not cohabiting at the particular time for a period of at least 90 days that includes the particular time because of a breakdown of their conjugal relationship;

    (b) references to marriage shall be read as if a conjugal relationship between 2 individuals who are, because of paragraph (a), spouses of each other were a marriage;

    (c) provisions that apply to a person who is married apply to a person who is, because of paragraph (a), a spouse of a taxpayer; and

    (d) provisions that apply to a person who is unmarried do not apply to a person who is, because of paragraph (a), a spouse of a taxpayer.

Indian Act

Clause 148: (1) The definition ``child'' in subsection 2(1) reads as follows:

``child'' includes a child born in or out of wedlock, a legally adopted child and a child adopted in accordance with Indian custom;

(2) New.

Clause 149: (1) The relevant portion of subsection 48(3) reads as follows:

(3) Notwithstanding subsections (1) and (2),

    . . .

    (b) the Minister may direct that the widow shall have the right, during her widowhood, to occupy any lands in a reserve that were occupied by her deceased husband at the time of his death.

(2) Subsection 48(5) reads as follows:

(5) Where an intestate dies leaving no widow or issue, his estate shall go to his father and mother in equal shares if both are living, but if either of them is dead the estate shall go to the survivor.

(3) Subsection 48(12) reads as follows:

(12) No widow is entitled to dower in the land of her deceased husband dying intestate, and no husband is entitled to an estate by curtesy in the land of his deceased wife dying intestate, and there is no community of real or personal property situated in a reserve.

(4) Subsection 48(15) reads as follows:

(15) This section applies in respect of an intestate woman as it applies in respect of an intestate man, and for the purposes of this section ``widow'' includes ``widower''.

Clause 150: New.

Insurance Companies Act

Clause 153: (1) The relevant portion of the definition ``fraternal benefit society'' in subsection 2(1) reads as follows:

``fraternal benefit society'' means a body corporate

      . . .

      (c) that was incorporated for fraternal, benevolent or religious purposes, including the provision of insurance benefits solely to its members or the spouses or children of its members;

(2) New.

Clause 154: Paragraph (f) of the definition ``associate of the offeror'' in subsection 307(1) is new. The relevant portion of that definition reads as follows:

``associate of the offeror'' means

      . . .

      (d) a spouse or child of the offeror, or

      (e) a relative of the offeror or of the offeror's spouse if that relative has the same residence as the offeror;

Clause 155: (1) Subsection 529(5) reads as follows:

(5) Notwithstanding section 534, a company may make a loan referred to in paragraph 525(b) to the spouse of a senior officer of the company on terms and conditions more favourable to the spouse of that officer than market terms and conditions, as defined in subsection 534(2), if the terms and conditions of the loan have been approved by the conduct review committee of the company.

(2) and (3) The relevant portion of subsection 529(6) reads as follows:

(6) Notwithstanding section 534, a company may offer financial services, other than loans or guarantees, to a senior officer of the company, or to the spouse, or a child who is less than eighteen years of age, of a senior officer of the company, on terms and conditions more favourable than market terms and conditions, as defined in subsection 534(2), if

    . . .

    (b) the conduct review committee of the company has approved the practice of making those financial services available on those favourable terms and conditions to senior officers of the company or to the spouses, or the children under eighteen years of age, of senior officers of the company.

Clause 156: Subsection 542(1) reads as follows:

542. (1) Except as otherwise permitted by this Act, a society shall not carry on a business that does not relate to the business of the insuring of risks in respect of its members or the spouses or children of its members.

Clause 157: Subsection 706(3) reads as follows:

(3) Where a person has been convicted of an offence under this Act, the court may, where it is satisfied that as a result of the commission of the offence the convicted person acquired any monetary benefits or that monetary benefits accrued to the convicted person or to the spouse or other dependant of the convicted person, order the convicted person to pay, notwithstanding the maximum amount of any fine that may otherwise be imposed under this Act, an additional fine in an amount equal to the court's estimation of the amount of those monetary benefits.

Judges Act

Clause 159: New.

Clause 160: (1) and (2) The relevant portion of subsection 40(1) reads as follows:

40. (1) A removal allowance shall be paid to

    . . .

    (d) the surviving spouse or child, as defined in subsection 47(1), of a judge of the Supreme Court of the Yukon Territory, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice who dies while holding office as such, where the surviving spouse or child, within two years after the death, moves to a place of residence in one of the ten provinces or to another territory;

    . . .

    (f) the surviving spouse or child, as defined in subsection 47(1), of a judge of the Supreme Court of Canada, the Federal Court or the Tax Court of Canada who dies while holding office as such, where the surviving spouse or child, within two years after the death, moves to a place of residence in Canada outside the area within which the judge was required to reside by the Act establishing that Court.

Clause 161: The heading before section 44 reads as follows:

Annuities granted to Surviving Spouses

Clause 162: Subsection 44(4) reads as follows:

(4) No annuity shall be granted under this section to the surviving spouse of a judge if before, on or after July 11, 1955, the surviving spouse married the judge after the judge ceased to hold office.

Clause 163: New.

Clause 164: Section 46.1 reads as follows:

46.1 Where a judge dies while holding office, a lump sum equal to one-sixth of the yearly salary of the judge at the time of death shall be paid to the surviving spouse of the judge.

Clause 165: (1) The relevant portion of subsection 47(1) reads as follows:

47. (1) For the purposes of this section and sections 48 and 49, ``child'' means a child of a judge, including an adopted child and a stepchild, who

(2) Subsections 47(4) to (6) read as follows:

(4) Where a judge described in subsection (3) leaves a surviving spouse, the Governor in Council shall grant to each child of the judge an annuity equal to one-fifth of the annuity granted to the surviving spouse pursuant to subsection 44(1) or (2) or 46(1), as the case may be.

(5) Where a judge described in subsection (3) leaves no surviving spouse, or the surviving spouse dies, the Governor in Council shall grant to each child an annuity equal to two-fifths of the annuity that would have been granted to a surviving spouse or was granted to the surviving spouse, as the case may be, pursuant to subsection 44(1) or (2) or 46(1).

(6) The total amount of the annuities paid under subsection (3) to the surviving children of a judge described in that subsection shall not exceed

    (a) in the case described in subsection (4), four-fifths of the annuity granted to the surviving spouse; and

    (b) in the case described in subsection (5), eight-fifths of the annuity that would have been granted to a surviving spouse or was granted to the surviving spouse, as the case may be.

Clause 166: Subsection 48(2) reads as follows:

(2) Where a child of a judge is granted an annuity under this Act, payment thereof shall, if the child is less than eighteen years of age, be made to the person having the custody and control of the child or, where there is no person having the custody and control of the child, to such person as the Minister of Justice may direct and, for the purposes of this subsection, the surviving spouse of the judge, except where the child is living apart from the surviving spouse, shall be presumed, in the absence of evidence to the contrary, to be the person having the custody and control of the child.

Clause 167: Subsection 52(1) reads as follows:

(1) Where any court in Canada of competent jurisdiction has made a financial support order requiring a former judge to pay an amount to a spouse, former spouse, child or other person, amounts payable to the former judge under section 42 or 43 or under subsection 51(1) are subject to being diverted to the person named in the financial support order in accordance with Part II of the Garnishment, Attachment and Pension Diversion Act.

Lieutenant Governors Superannuation Act

Clause 170: New.

Clause 171: The relevant portion of subsection 3(5) reads as follows:

(5) Where, at any time after December 31, 1975, a contributor, his surviving spouse or his estate becomes entitled, pursuant to subsection (1) or (4) or section 8 or 9, to be paid any amount of the contributions made by the contributor under this Part, the President of the Treasury Board shall

Clause 172: Subsection 5(4) reads as follows:

(4) Sections 3 and 4 do not apply to a Lieutenant Governor who has made an election under this section and sections 7 and 8 do not apply to the spouse or surviving spouse of a Lieutenant Governor who has made an election under this section.

Clause 173: Subsection 6(1) reads as follows:

6. (1) Where any court in Canada of competent jurisdiction has made a financial support order requiring a former lieutenant governor to pay an amount to a spouse, former spouse, child or other person, amounts payable to the former lieutenant governor under this Part are subject to being diverted to the person named in the financial support order in accordance with Part II of the Garnishment, Attachment and Pension Diversion Act.

Clause 174: Section 8.1 is new. The heading before section 7 and sections 7 to 9 read as follows:

Surviving Spouse

7. (1) Where a contributor who has ceased to hold office as the lieutenant governor of a province but who is entitled to be paid an immediate pension or a deferred pension under section 3 dies, his surviving spouse, if that person was his spouse at the time he ceased to hold office as the lieutenant governor of a province, shall be paid a pension equal to one-half of the immediate pension or deferred pension to which the contributor was entitled under that section.

(2) Where a contributor who has, pursuant to subsection 4(2), ceased to be required to contribute pursuant to subsection 4(1) dies while holding office as the lieutenant governor of a province, his surviving spouse shall be paid a pension equal to one-half of the immediate pension or deferred pension to which the contributor would have become entitled under section 3 had he, immediately prior to his death, ceased, for any reason other than death, to hold office as the lieutenant governor of the province.

(3) A pension that is payable under this section to the surviving spouse of a contributor commences to be payable immediately after the death of the contributor.

8. Where a contributor dies while holding office as the lieutenant governor of a province and his surviving spouse is not entitled to a pension under section 7, his surviving spouse shall be paid the total amount of the contributions made by the contributor under this Part, together with interest, if any, calculated pursuant to subsection 3(5).

Death Benefit

9. Where, on the death of a contributor, there is no surviving spouse to whom a pension or return of contributions under this Act may be paid, or where a person who is entitled to a pension under this Act as the surviving spouse of a contributor dies, any amount by which the total amount of the contributions made by the contributor under this Part, together with interest, if any, calculated pursuant to subsection 3(5), exceeds the total amount paid to the contributor and his surviving spouse under this Part shall be paid, as a death benefit, to his estate or, if less than one thousand dollars, as the President of the Treasury Board may direct.

Clause 175: (1) and (2) The relevant portion of section 11 reads as follows:

11. The Governor in Council may make regulations

    (a) prescribing the terms on which a contributor may pay for any period of service in instalments and the method of determining

      . . .

      (ii) the amounts to be recovered from any pension payable to the surviving spouse of a contributor under this Act

    in respect of unpaid instalments;

Members of Parliament Retiring Allowances Act

Clause 176: (1) The definition ``joint and survivor benefit'' in subsection 2(1) reads as follows:

``joint and survivor benefit'', in relation to a former member, means a benefit that is an annuity and that continues until the death of the former member or of the former member's spouse, whichever occurs later;

(2) The relevant portion of the definition ``child'' in subsection 2(1) reads as follows:

``child'' means a natural child, stepchild or adopted child of a member or former member who

Clause 177: Sections 23 to 26 read as follows:

23. (1) A former member who is entitled to a retirement allowance or additional retirement allowance under this Part or a compensation allowance or additional compensation allowance under Part II and who has a spouse to whom, in the event of that former member's death, no allowance would be paid pursuant to paragraph 20(1)(a) or 40(1)(a) may elect, subject to the regulations and in accordance with subsection 56(2), to receive, instead of all future payments of the aggregate of those allowances, a joint and survivor benefit in an amount determined in accordance with subsection (2).

(1.1) No election may be made by a former member under subsection (1), unless the former member makes an election under subsection 43(1), if applicable, at the same time.

(2) For the purposes of subsection (1), the amount of the joint and survivor benefit is determined by adjusting in accordance with the regulations the aggregate of the allowances referred to in that subsection to which the former member is entitled at the time of the election, but the actuarial present value of the joint and survivor benefit may not be less than the actuarial present value of that aggregate.

(2.1) An election under subsection (1) is irrevocable except under such circumstances and such terms and conditions as are prescribed.

(3) Where a former member who made an election under subsection (1) subsequently becomes a member on any day thereafter, that election is deemed to be revoked on that day.

(4) Except where an election under subsection (1) is revoked or deemed to be revoked, on the death of the former member there shall be paid to the person who was the spouse of the former member at the time of the election and the time of the death a joint and survivor benefit in an amount determined in accordance with the regulations.

24. An allowance under section 20 or a joint and survivor benefit under subsection 23(4)

    (a) begins to be payable

      (i) in respect of the death of a member, on the first day of the month immediately after the month in which the member dies, or

      (ii) in respect of the death of a former member, on the day after the day on which the former member dies; and

    (b) in the case of an allowance under paragraph 20(1)(a) or a joint and survivor benefit payable to the spouse, continues during the lifetime of the recipient.

25. An allowance under section 20 or a joint and survivor benefit under subsection 23(4) shall be paid monthly in arrears in approximately equal instalments.

26. Notwithstanding sections 20 to 25, where a division of an allowance or other benefit that has accrued under this Part to a member or former member during any period of pensionable service is effected under the Pension Benefits Division Act, the spouse or former spouse in whose favour the division is effected ceases to be entitled to any allowance under section 20 or joint and survivor benefit under subsection 23(4) in respect of that service.

Clause 178: Sections 43 to 46 read as follows:

43. (1) A former member who is entitled to a compensation allowance or additional compensation allowance under this Part or a retirement allowance or additional retirement allowance under Part I and who has a spouse to whom, in the event of that former member's death, no allowance would be paid pursuant to paragraph 20(1)(a) or 40(1)(a) may elect, subject to the regulations and in accordance with subsection 56(2), to receive, instead of all future payments of the aggregate of those allowances, a joint and survivor benefit in an amount determined in accordance with subsection (2).

(1.1) No election may be made by a former member under subsection (1), unless the former member makes an election under subsection 23(1) at the same time.

(2) For the purposes of subsection (1), the amount of the joint and survivor benefit is determined by adjusting in accordance with the regulations the aggregate of the allowances referred to in that subsection to which the former member is entitled at the time of the election, but the actuarial present value of the joint and survivor benefit may not be less than the actuarial present value of that aggregate.

(2.1) An election under subsection (1) is irrevocable except under such circumstances and such terms and conditions as are prescribed.

(3) Where a former member who made an election under subsection (1) subsequently becomes a member on any day thereafter, that election is deemed to be revoked on that day.

(4) Except where an election under subsection (1) is revoked or deemed to be revoked, on the death of the former member there shall be paid to the person who was the spouse of the former member at the time of the election and the time of the death a joint and survivor benefit in an amount determined in accordance with the regulations.

44. An allowance under section 40 or a joint and survivor benefit under subsection 43(4)

    (a) begins to be payable

      (i) in respect of the death of a member, on the first day of the month immediately after the month in which the member dies, or

      (ii) in respect of the death of a former member, on the day after the day on which the former member dies; and

    (b) in the case of an allowance under paragraph 40(1)(a) or a joint and survivor benefit payable to the spouse, continues during the lifetime of the recipient.

45. An allowance under section 40 or a joint and survivor benefit under subsection 43(4) shall be paid monthly in arrears in approximately equal instalments.

46. Notwithstanding sections 40 to 44, where a division of an allowance or other benefit that has accrued under this Part to a member or former member during any period of pensionable service is effected under the Pension Benefits Division Act, the spouse or former spouse in whose favour the division is effected ceases to be entitled to any allowance under section 40 or joint and survivor benefit under subsection 43(4) in respect of that service.

Clause 179: (1) Subsections 49(1.1) and (1.2) are new. Subsections 49(1) and (2) read as follows:

49. (1) There shall be paid to any person who is the surviving spouse of a person described in subsection 48(1), if the surviving spouse was the spouse of the person at the time when that person held the office of Prime Minister, an allowance equal to one half of the allowance that the person was receiving pursuant to that subsection at the time of death or would have been eligible to receive if, immediately before the time of death, the person described in that subsection had ceased to hold the office of Prime Minister and had reached sixty-five years of age.

(2) An allowance payable under subsection (1) to the surviving spouse of a person begins to be payable on the day after the day on which that person dies and continues during the lifetime of the surviving spouse.

(2) Subsection 49(4) reads as follows:

(4) Notwithstanding subsection (1), where a division of an allowance or other benefit that has accrued under this Part to a member or former member during any period of pensionable service is effected under the Pension Benefits Division Act, the spouse or former spouse in whose favour the division is effected ceases to be entitled to any allowance under subsection (1) in respect of that service.

Clause 180: New.

Clause 181: The relevant portion of subsection 50(2) reads as follows:

(2) For the purposes of this Part,

    . . .

    (b) the retirement year or retirement month of a person who is in receipt of an allowance under subsection 20(1), 23(4), 40(1), 43(4) or 49(1) is the retirement year or retirement month, as the case may be, of the former member in respect of whose service the allowance is payable.

Clause 182: Subsection 57(2) reads as follows:

(2) Where any amount payable by a member or former member under a provision of this Act has become due but remains unpaid at the time of death of the member or former member, that amount, with interest at a rate prescribed from the time when it became due, may be recovered, in the prescribed manner, from any allowance or other benefit payable under subsection 20(1), 23(4), 40(1), 43(4) or 49(1) to another person in respect of the member or former member, without prejudice to any other recourse available to Her Majesty with respect to the recovery thereof, and any amount so recovered shall be deemed, for the purposes of that provision, to have been paid by the member or former member.

Clause 183: (1) The relevant portion of subsection 59.1(3) reads as follows:

(3) Every former member who, after the coming into force of this section, commences to hold a federal position or enters into a federal service contract and who is receiving or commences to receive an allowance or other benefit under Part I, II, III or IV, other than a withdrawal allowance or an allowance or benefit under paragraph 20(1)(a), subsection 23(4), paragraph 40(1)(a) or subsection 43(4) or 49(1), shall

(2) Subsection 59.1(7) reads as follows:

(7) The amount of an allowance or other benefit payable under section 20, 23, 40, 43, 49 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.

Clause 184: The relevant portion of subsection 64(1) reads as follows:

64. (1) The Governor in Council may make regulations

    . . .

    (m) prescribing the time within which a former member may make an election under subsections 23(1) and 43(1) and prescribing the circumstances, and the terms and conditions, under which the election may be revoked;

    (m.1) respecting the manner of adjusting aggregate amounts for the purposes of subsections 23(2) and 43(2) and respecting the manner of determining the amount of the joint and survivor benefit payable to a surviving spouse under subsections 23(4) and 43(4);

    (m.2) respecting the evidence required to establish proof of age and marital status for the purposes of making an election under sections 23 and 43, the time within which the evidence must be provided and the consequences of any failure to provide the evidence within that time;

Merchant Seamen Compensation Act

Clause 187: New.

Clause 188: (1) and (2) The relevant portion of subsection 31(1) reads as follows:

31. (1) Where the death of a seaman results from an injury, the following amounts of compensation shall be paid:

    . . .

    (d) where the surviving spouse is the sole dependant, a monthly payment of one thousand four hundred and fifty-one dollars and ninety-two cents;

    (e) where the dependants are a surviving spouse and one or more children, a monthly payment of one thousand four hundred and fifty-one dollars and ninety-two cents with an additional monthly payment of one hundred and sixty-one dollars and eighteen cents to be increased on the death of the surviving spouse to one hundred and sixty-four dollars and ninety-three cents

(3) Subsections 31(2) and (3) read as follows:

(2) Where a seaman leaves no surviving spouse or the surviving spouse 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 surviving spouse 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.

(3) In addition to any other compensation provided for under this section, the surviving spouse or, where the seaman leaves no surviving spouse, the foster-parent, as described in subsection (2), is entitled to a lump sum of sixteen thousand eight hundred and sixty-eight dollars and fifty cents.

(4) Subsection 31(9) reads as follows:

(9) Exclusive of the expenses of burial of the seaman and the lump sum of eight hundred and thirty-three dollars referred to in subsection (3), the compensation payable as provided by subsection (1) shall not in any case exceed seventy-five per cent of the average earnings of the seaman mentioned in section 36, and if the compensation payable under subsection (1) would in any case exceed that percentage, it shall be reduced accordingly, and where several persons are entitled to monthly payments the payments shall be reduced proportionately, but the minimum compensation shall be

    (a) where the surviving spouse is the sole dependant, a monthly payment of one thousand four hundred and fifty-one dollars and ninety-two cents, or if the seaman's average earnings are less than one thousand four hundred and fifty-one dollars and ninety-two cents per month, the amount of those earnings; and

    (b) where the dependants are a surviving spouse and one or more children, a monthly payment of one thousand six hundred and thirteen dollars and ten cents for the surviving spouse and one child irrespective of the amount of the seaman's earnings, with a further monthly payment of one hundred and sixty-one dollars and eighteen cents 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 one thousand six hundred and thirteen dollars and ten cents, whichever is the greater, the share for each child entitled to compensation being reduced proportionately.

Clause 189: The relevant portion of subsection 32(1) reads as follows:

32. (1) In addition to the amounts of compensation payable under section 31 to dependants of a seaman as a result of his death from an accident, there shall be paid,

    (a) where the surviving spouse of the seaman is the sole dependant, a monthly payment equal to the amount remaining, if any, after subtracting from one hundred dollars the amount of any monthly payment payable to that person pursuant to section 31;

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

      (i) a monthly payment equal to the amount remaining, if any, after subtracting from one hundred dollars the amount of any monthly payment payable to that surviving spouse pursuant to section 31, and

      (ii) an additional monthly payment for each child equal to the amount remaining, if any, after subtracting from thirty-five dollars the amount of any monthly payment payable pursuant to section 31 for that child, that payment to be increased on the death of the surviving spouse to an amount equal to the amount remaining, if any, after subtracting from forty-five dollars the amount of any monthly payment payable pursuant to section 31 to that child; and

Clause 190: Section 33 reads as follows:

33. (1) When a dependent surviving spouse marries, the monthly payments to that person shall cease, but that person is entitled in lieu of those payments to a lump sum equal to the monthly payments for two years.

(2) Subsection (1) does not apply to payments to a surviving spouse in respect of a child or children.

Clause 191: Section 44 reads as follows:

44. Where a seaman is entitled to compensation and it is made to appear to the Board that

    (a) the seaman is not residing in Canada but his spouse or child or children under eighteen years of age are residing therein without adequate means of support and are, or are apt to become, a charge on the municipality where they reside, or on private charity, or

    (b) the seaman although residing in Canada is not supporting his spouse and children and an order has been made against the seaman by a court of competent jurisdiction for the support or maintenance of his spouse or family, or for alimony,

the Board may divert the compensation in whole or in part from the seaman for the benefit of his spouse or children.

Old Age Security Act

Clause 192: (1) to (3) The definitions ``spouse'', ``spouse's allowance'' and ``widow'' in section 2 read as follows:

``spouse'', in relation to any person, includes a person of the opposite sex who is living with that person, having lived with that person for at least one year, if the two persons have publicly represented themselves as husband and wife;

``spouse's allowance'' means the spouse's allowance authorized to be paid under Part III;

``widow'' includes widower, and means a person whose spouse has died and who has not thereafter become the spouse of another person.

(4) New.

(5) New.

Clause 193: The heading before section 15 reads as follows:

Spouses

Clause 194: (1) The relevant portion of subsection 15(2) reads as follows:

(2) Subject to subsections (3) and (4), where a person makes an application for a supplement in respect of a payment period and the person has or had a spouse 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

(2) Subsection 15(4) reads as follows:

(4) Where an application for a supplement in respect of a payment period that ends before July 1, 1999 has been made by a person, the Minister, if satisfied that the person is separated from the person's spouse, having been so separated for a continuous period of at least six months, exclusive of the month in which the spouses became separated, shall direct that the application be considered and dealt with as though the person had ceased to have a spouse at the end of the sixth such month.

(3) New.

(4) Subsections 15(6) to (7) read as follows:

(6) Where an application for a supplement in respect of a payment period that ends before July 1, 1999 is made, by a person who did not have a spouse immediately before a particular month in the payment period but has a spouse at the end of that month or, in the case of a person described in subsection (4), has ceased to be separated from their spouse, the Minister may, if requested to do so by that person, direct that any supplement paid to that person or spouse, for any month in that payment period after the month in which the direction is made, be calculated as though that person and their spouse had been spouses of each other on the last day of the previous payment period.

(6.1) Where an application for a supplement in respect of a payment period that commences after June 30, 1999 is made by a person who did not have a spouse immediately before a particular month in the payment period but has a spouse at the end of that month, is 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 is 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, no longer met the conditions or ceased to be separated from the spouse, as though the person and the spouse were spouses of each other on the last day of the previous payment period.

(7) Where an application for a supplement in respect of a payment period that ends before July 1, 1999 is or has been made by a person who at any time in that payment period has ceased to have a spouse, whether as a result of the death of their spouse or otherwise, the Minister may, if requested to do so by that person, direct that any supplement paid to that person, for any month in that payment period after the month in which the direction is made, be calculated as though that person had no spouse on the last day of the previous payment period.

(5) Subsection 15(7.2) is new. Subsection 15(8) reads as follows:

(8) Nothing in subsections (6) to (7.1) shall be construed as limiting or restricting the authority of the Minister to make a direction under subsections (3) to (5.1).

Clause 196: (1) Subsection 19(1) reads as follows:

19. (1) Subject to this Act and the regulations, a spouse's allowance may be paid to the spouse of a pensioner for a month in a payment period if the spouse

    (a) 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;

    (b) has attained sixty years of age but has not attained sixty-five years of age; and

    (c) has resided in Canada after attaining eighteen years of age and prior to the day on which the spouse's 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 the spouse's application is approved.

(2) Subsection 19(5) reads as follows:

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

(3) New. The relevant portion of subsection 19(6) reads as follows:

(6) No spouse's allowance may be paid under this section to the spouse of a pensioner pursuant to an application therefor for

Clause 197: (1) Subsection 21(5) reads as follows:

(5) Where the spouses had, before the death of the pensioner, made a joint application for the spouse's 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 widow under subsection (4) in respect of the payment of a spouse's allowance under this section for months in the payment period in respect of which the joint application was made.

(2) New.

Clause 198: (1) The definition ``supplement equivalent'' in subsection 22(1) reads as follows:

``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 married pensioner whose spouse is also a pensioner when both the pensioner and the spouse have no income in a base calendar year and both are in receipt of a full pension;

(2) Subsection 22(6) reads as follows:

(6) Where, by reason of the amount of the monthly family income, the aggregate of the amount of spouse's allowance payable to the spouse of a pensioner for a month and the amount of supplement payable to the pensioner for that month under this Part is less than the amount of supplement that would be payable to the pensioner under Part II, the pensioner may, notwithstanding subsection (2), be paid, for that month, the amount of supplement provided under Part II minus the amount, if any, of spouse's allowance payable to the spouse of that pensioner for that month.

Clause 199: The relevant portion of subsection 23(2) reads as follows:

(2) Notwithstanding subsection (1), where a person who has applied to receive a spouse's allowance attained the age of sixty years before the day on which the application was received, the approval of the application may be effective as of such earlier day, not before the later of

    . . .

    (b) the day on which the spouse attained the age of sixty years,

Clause 200: Subsection 26(1) reads as follows:

26. (1) Sections 6, 14, 15 and 18 apply, with such modifications as the circumstances require, in respect of a spouse's allowance under this Part and in respect of any application or any waiver of the requirement for an application for a spouse's allowance.

Clause 201: The heading before section 29 reads as follows:

Death of Beneficiary, Applicant or Spouse

Clause 202: Subsections 30(1) and (2) read as follows:

30. (1) Notwithstanding paragraph 19(6)(b) but subject to subsection (3), where a married person dies, either before or after the beginning of September, 1985, and the widow would have been entitled to a spouse's allowance under section 19 had she and the deceased spouse made joint application therefor before the death of the deceased spouse, the widow may make application for a spouse's allowance under section 19 within one year after the death of the deceased spouse.

(2) An application referred to in subsection (1) shall be considered and dealt with as though it had been a joint application of the surviving spouse and the deceased spouse and had been received on the date of the death of the deceased spouse.

Clause 203: New.

Clause 204: (1) and (2) The relevant portion of section 34 reads as follows:

34. The Governor in Council may make regulations for carrying the purposes and provisions of this Act into effect and, without restricting the generality of the foregoing, may make regulations

    . . .

    (g) providing for the assignment of Social Insurance Numbers by the Minister to applicants and beneficiaries, and to the spouses of applicants and beneficiaries, to whom such numbers have not earlier been assigned;

    . . .

    (l) prescribing the circumstances in which a pensioner shall be deemed to be separated from the pensioner's spouse for the purposes of subsections 15(4) and (6);

Clause 205: Subsection 39(1) reads as follows:

39. (1) Where a province provides benefits similar to or as a supplement to benefits payable under this Act for pensioners or the spouses thereof within that province, the Minister may, with the approval of the Governor in Council, enter into an agreement with the government of that province whereby the provincial benefit that is payable to a pensioner or the spouse of a pensioner may be included with the amount of the benefit under this Act and paid on behalf of the government of that province in such manner as the agreement may provide.

Parliament of Canada Act

Clause 210: (1) and (2) The relevant portion of section 40 reads as follows:

40. This Division does not extend to render ineligible to be a member of the House of Commons, or disqualify from sitting or voting therein, any person by reason only that the person is

    . . .

    (b) a person on whom the completion of any contract or agreement, expressed or implied, devolves by descent, limitation or marriage, or as devisee, legatee, executor or administrator, where less than twelve months have elapsed after the devolution;

(3) New.

Pension Act

Clause 211: (1) and (2) The definitions ``child'' and ``widowed mother'' in subsection 3(1) read as follows:

``child'', in relation to a member of the forces or a prisoner of war, means the legitimate child, illegitimate child, stepchild, adopted child or foster child of that member or prisoner;

``widowed mother'' includes a mother deserted by her spouse;

(3) New.

Clause 212: (1) The relevant portion of subsection 21(1) reads as follows:

21. (1) In respect of military service rendered during World War I or World War II and subject to the exception contained in subsection (2),

    . . .

    (i) where, in respect of a surviving spouse who was living with the member of the forces at the time of the member's death,

      (i) the pension payable under paragraph (b)

    is less than

      (ii) the aggregate of the basic pension and the additional pension for married members being paid to the member under paragraph (a) or subsection (5) at the time of the member's death,

    a pension equal to the amount described in subparagraph (ii) shall be paid to the surviving spouse in lieu of the pension payable under paragraph (b) for a period of one year commencing on the effective date of award as provided in section 56 (except that the words ``from the day following the date of his death'' in subparagraph 56(1)(a)(i) shall be read as ``from the first day of the month following the month of the member's death''), and thereafter a pension shall be paid to the surviving spouse in accordance with the rates set out in Schedule II.

(2) The relevant portion of subsection 21(2) reads as follows:

(2) In respect of military service rendered in the non-permanent active militia or in the reserve army during World War II and in respect of military service in peace time,

    . . .

    (d) where, in respect of a surviving spouse who was living with the member of the forces at the time of that member's death,

      (i) the pension payable under paragraph (b)

    is less than

      (ii) the aggregate of the basic pension and the additional pension for married members being paid to the member under paragraph (a) or subsection (5) at the time of the member's death,

    a pension equal to the amount described in subparagraph (ii) shall be paid to the surviving spouse in lieu of the pension payable under paragraph (b) for a period of one year commencing on the effective date of award as provided in section 56 (except that the words ``from the day following the date of his death'' in subparagraph 56(1)(a)(i) shall be read as ``from the first day of the month following the month of the member's death''), and thereafter a pension shall be paid to the surviving spouse in accordance with the rates set out in Schedule II.

(3) Paragraph 21(2.3)(c) is new. Subsection 21(2.3) reads as follows:

(2.3) For the purposes of subsection 55(1), a person who

    (a) is the surviving spouse of a member of the forces, or

    (b) has been divorced from a member of the forces who has died

is a pensionable applicant in relation to paragraph (1)(i) or (2)(d) if the person meets one of the requirements set out in subsection 45(1), even though the person was not living with the member of the forces at the time of the member's death.

(4) Subsection 21(7) reads as follows:

(7) Where the parties to a marriage are residing together and both are pensioners or members of the forces to whom pensions have been or may be awarded under this section,

    (a) each spouse shall be awarded the pension that the spouse would be awarded if the spouse were not married;

    (b) the additional pension for a married member of the forces may be paid in respect of one but not both of the spouses,

      (i) if their pensions are payable at the same rate, at that rate, and

      (ii) if their pensions are payable at different rates, at the rate for the member of the forces whose pension is payable at the higher rate; and

    (c) if the spouses have children in respect of whom a pension may be paid under this Act, the additional pension that may be paid under this Act in respect of the children may be paid to one but not both of the spouses,

      (i) if the pensions of the spouses are payable at the same rate, at that rate, and

      (ii) if the pensions of the spouses are payable at different rates, at the rate for the member of the forces whose pension is payable at the higher rate.

Clause 213: Subsection 32(3) reads as follows:

(3) Where a surviving spouse or other dependant of a deceased member of the forces retains any amount of the member's award paid after the last day of the month in which the member died, that amount may be deducted from any award granted to the spouse or other dependant.

Clause 214: (1) Subsection 34(5) reads as follows:

(5) When a child has been given in adoption or has been removed from the person caring for the child, by a competent authority, and placed in a suitable foster home, or is not being maintained by and does not form part of the family cared for by the member of the forces or the person who is pensioned as the divorced or surviving spouse or parent of the member of the forces, or by the person awarded a pension under section 46, the pension for the child may, in accordance with the circumstances, be continued, discontinued or retained for the child for such period as the Minister may determine or increased up to an amount not exceeding the rate payable for orphan children, and any such award is subject to review at any time.

(2) Subsection 34(8) reads as follows:

(8) On and after

    (a) the death of the spouse of a pensioner,

    (b) the dissolution of the marriage of a pensioner, or

    (c) the separation of a pensioner from a spouse to whom or in respect of whom an additional pension is not being paid,

a pensioner pensioned on account of disability may be paid the additional pension for a married member of the forces for so long as there is a minor child in respect of whom additional pension is being paid, if there is a person who is competent to assume and who does assume the household duties and care of the child or children.

(3) Subsection 34(10) reads as follows:

(10) Where a pension has been awarded to a minor child or minor children of a deceased member of the forces who had maintained a domestic establishment for the child or children and

    (a) who, at the time of death, was a widow or widower, or

    (b) whose surviving spouse does not receive a pension in respect of the death or receives only a portion of the pension,

a pension at a rate not exceeding that provided for a surviving spouse in Schedule II or determined pursuant to subsection 45(3), whichever rate is applicable, may be paid to a person who is competent to assume and who does assume the household duties and care of the child or children, for so long as there is a minor child in respect of whom a pension is being paid, and in those cases the pension payable in respect of those children shall continue to be paid.

Clause 215: Subsection 38(3) reads as follows:

(3) Where a member of the forces who is in receipt of an attendance allowance under subsection (1) dies while residing with the spouse or a child of the member and

    (a) the member was a person to whom an additional pension was, at the time of death, payable in respect of the spouse or child, or

    (b) the pension awarded to the member was a final payment,

the attendance allowance shall continue to be paid for a period of one year commencing on the first day of the month following the month of death to the surviving spouse, if living, or, if not living, equally to any of the member's children otherwise pensionable under this Act.

Clause 216: Section 41 reads as follows:

41. (1) Where it appears to the Minister that a pensioner is

    (a) by reason of infirmity, illness or other cause, incapable of managing their own affairs, or

    (b) not maintaining any person that the pensioner has a legal obligation to maintain,

the Minister may direct that the pension payable to the pensioner be administered for the benefit of the pensioner or any person that the pensioner has a legal obligation to maintain, or both, by the Department or a person or agency selected by the Minister.

(2) Where a pensioner is in receipt of a pension paid at a rate set out in one of classes seventeen to twenty of Schedule I, the Minister may, at the request of the pensioner, pay to any person that the pensioner has a legal obligation to maintain, without further inquiry as to whether the pensioner is properly maintaining that person, a portion of the pension not exceeding twice the amount of any additional pension payable in respect of that person.

Clause 217: (1) and (2) Subsections 42(3) to (7) read as follows:

(3) Where a pensioner, prior to the pensioner's enlistment or during the pensioner's service, was maintaining or was substantially assisting in maintaining one or both of the pensioner's parents or a person in the place of a parent, an amount not exceeding the amount set out in Schedule I as the additional pension for one child may be paid directly to each parent or person in the place of a parent or to the pensioner for so long as the pensioner continues that maintenance.

(4) The benefits of subsection (3) shall be limited to a parent or parents or a person in the place of a parent who is, are or would be, if the pensioner did not contribute, in a dependent condition, and if the Minister is of the opinion that the pensioner is unable by reason of circumstances beyond his control to continue his contribution toward the maintenance of his parent or parents or a person in the place of a parent, the Minister may continue those benefits.

(5) Where a parent or person in the place of a parent who was not wholly or to a substantial extent maintained by the pensioner prior to the pensioner's enlistment or during the pensioner's service by reason of the fact that the parent or person was not then in a dependent condition, subsequently falls into a dependent condition, is incapacitated by mental or physical infirmity from earning a livelihood and is wholly or to a substantial extent maintained by the pensioner, an amount not exceeding the amount set out in Schedule I as the additional pension for one child may be paid directly to each parent or person in the place of a parent or to the pensioner for so long as the pensioner continues that maintenance.

(6) For the purposes of this Act, a member of the forces who establishes that the member has been cohabiting in a conjugal relationship with a person of the opposite sex for a period of not less than one year shall be deemed to be the spouse of that person until either of them marries or until they cease to cohabit, and on the death of the member while so deemed to be married that person shall be deemed to be the surviving spouse of the member.

(7) For the purposes of this Act, a person who establishes that the person was cohabiting in a conjugal relationship with a member of the forces of the opposite sex for a period of not less than one year immediately prior to the member's death shall be deemed to be the surviving spouse of that member.

Clause 218: The heading before section 45 reads as follows:

Pension for Deaths

Clause 219: (1) New.

(2) Subsection 45(3.02) is new. Subsections 45(3.01) to (3.2) read as follows:

(3.01) Where the payment of the pension of a member of the forces was suspended at the time of the member's death, the Minister may direct that the spouse be awarded the pension to which the spouse would be entitled under subsection (2) or (3) if the pension had not been suspended.

(3.1) The surviving spouse of a member of the forces who was living with that member at the time of the member's death and is entitled to a pension under subsection (3) is entitled, for a period of one year commencing on the effective date of award as provided in section 56 (except that the words ``from the day following the date of his death'' in subparagraph 56(1)(a)(i) shall be read as ``from the first day of the month following the month of the member's death''), in lieu of the pension under subsection (3) during that period, to a pension equal to the aggregate of the basic pension and the additional pension for married members payable to the member of the forces under Schedule I at the time of the member's death, and thereafter a pension shall be paid to the surviving spouse in accordance with subsection (3).

(3.2) For the purposes of subsection 55(1), a person who

    (a) is the surviving spouse of a member of the forces, or

    (b) has been divorced from a member of the forces who has died

is a pensionable applicant in relation to subsection (3.1) if the person meets one of the requirements set out in subsection (1), even though the person was not living with the member of the forces at the time of the member's death.

Clause 220: Section 46 reads as follows:

46. On the death of a member of the forces, a person of the opposite sex who was cohabiting in a conjugal relationship with the member in Canada at the time the member became a member of the forces and for a reasonable period before that time may be awarded a pension at a rate not exceeding the rate provided for a surviving spouse in Schedule II or determined pursuant to subsection 45(3), whichever rate is applicable.

Clause 221: (1) Subsection 47(1) reads as follows:

47. (1) A person who has been divorced, judicially separated or separated pursuant to a written or other agreement from a member of the forces who has died is not entitled to a pension unless the person was awarded alimony, support or maintenance or was entitled to an allowance under the terms of the separation agreement, in which case the Minister may award to the person

    (a) the pension the person would have been entitled to as a surviving spouse of that member, or

    (b) a pension equal to the alimony, support or maintenance awarded to the person or the allowance to which the person was entitled under the terms of the separation agreement,

whichever is the lesser.

(2) Subsection 47(3) reads as follows:

(3) Notwithstanding subsection (1), where a person has been divorced, judicially separated or separated pursuant to a written or other agreement from a member of the forces who has died, and the person is in a dependent condition, the Minister may award a pension at a rate not exceeding the rate provided for a surviving spouse in Schedule II or determined pursuant to subsection 45(3), whichever rate is applicable, although the person has not been awarded alimony, support, maintenance or an alimentary allowance or is not entitled to an allowance under the terms of the separation agreement, if, in the opinion of the Minister, the person would have been entitled to an award of alimony, support, maintenance or an alimentary or other allowance had the person made application for it under due process of law.

Clause 222: New.

Clause 223: (1) The relevant portion of subsection 52(1) reads as follows:

52. (1) In any case where a pension may be awarded under section 21 in respect of the death of a member of the forces, the parent or person in the place of the parent of the member is entitled to a pension at a rate not exceeding the rate provided in Schedule II if

    (a) the member died without leaving any surviving or divorced spouse who is entitled to a pension or a person awarded a pension under section 46; and

(2) Subsection 52(2) reads as follows:

(2) Where a member of the forces has died leaving a surviving or divorced spouse who is entitled to a pension or a person awarded a pension under section 46, in addition to a parent or person in the place of a parent who, prior to the enlistment of the member or during the member's service, was wholly or to a substantial extent maintained by the member, the Minister may

    (a) award to that parent or person a pension at a rate not exceeding the rate provided in Schedule II; or

    (b) in any case where, after the death of the member, the pension to the surviving or divorced spouse who is entitled to a pension or the person awarded a pension under section 46 has been discontinued, award to that parent or person a pension not exceeding the pension that might have been awarded to that parent or person if the member had died without leaving any surviving or divorced spouse entitled to a pension or a person awarded a pension under section 46.

(3) Subsection 52(4) reads as follows:

(4) In cases where a member of the forces has died leaving more than one parent or person in the place of a parent who were wholly or to a substantial extent maintained by the member, the rate of pension for one parent or person may be increased by an additional amount not exceeding the rate provided in Schedule II and the total pension may be apportioned between the parents or between the parent and the person.

(4) Subsection 52(7) reads as follows:

(7) The pension payable to a widowed mother shall not be reduced by reason only that

    (a) she has earnings from personal employment;

    (b) she is the recipient of free lodging; or

    (c) she has an income from any source, other than personal employment, including contributions from her children whether those contributions have actually been made or are deemed by the Minister to have been made, if that income does not exceed the annual income set out in Schedule III and she resides in Canada.

Clause 224: (1) The relevant portion of subsection 53(1) reads as follows:

53. (1) In any case where pension may be awarded under section 21 in respect of the death of a member of the forces, the brother or sister of the member is entitled to a pension if

    (a) the member died without leaving a child or surviving or divorced spouse who is entitled to a pension or a person awarded a pension under subsection 46(1) or (2); and

(2) Subsection 53(2) reads as follows:

(2) If a brother or sister of a member of the forces is in a dependent condition and is an orphan, or subsequently becomes an orphan by the death of a parent or parents, the brother or sister is entitled to a pension not in excess of the amount provided in Schedule II for orphan children.

Clause 225: Subsection 54(2) reads as follows:

(2) Except when children are awarded pensions, parents are awarded a pension jointly, brothers or sisters are awarded pensions or a pension is divided among several applicants, not more than one pension shall be awarded in respect of the death of any one member of the forces.

Clause 226: Subsection 69(2) reads as follows:

(2) The surviving spouse of a member described in subsection (1) is entitled to the benefits of this Act in so far as those benefits or equivalent benefits are not provided to that spouse by the government of the United Kingdom.

Clause 227: The definition ``basic pension'' in subsection 71.1(1) reads as follows:

``basic pension'' means the monthly pension payable under Class 1 of Schedule I to a single pensioner without children;

Clause 228: Subsection 71.2(3) reads as follows:

(3) Where a prisoner of war is in receipt of additional compensation under subsection (2) in respect of a spouse who is living with the prisoner of war and the spouse dies, except where compensation is payable to the prisoner of war under subsection 34(8), the additional compensation in respect of the spouse shall continue to be paid for a period of one year from the end of the month in which the spouse died or, if the prisoner of war remarries during that period, until the date of remarriage.

Clause 229: Subsection 72(5) reads as follows:

(5) Where a member of the forces who has been awarded an exceptional incapacity allowance under this section dies, the exceptional incapacity allowance shall, if that member was a member to whom an additional pension was, at the time of death, payable in respect of the member's spouse or a child living with the member, be paid for a period of one year commencing on the first day of the month following the month of the death, to the surviving spouse, if living, or, if not living, equally to any of the member's children otherwise pensionable under this Act.

Clause 230: The relevant portion of section 74 reads as follows:

74. In this Part,

    . . .

    (b) ``basic pension'' means the monthly basic pension payable under Schedule I to a Class 1 pensioner having the status of a single person.

Clause 231: Subsection 80(2) reads as follows:

(2) A surviving spouse or child of a deceased member of the forces who was living with the member at the time of the member's death need not make an application in respect of a pension referred to in paragraph 21(1)(b) or (i) or (2)(b) or (d) or subsection 34(6), (7) or (11) or 45(2), (3) or (3.1) or an allowance referred to in subsection 38(3) or 72(5).

Clause 235: The third paragraph of Schedule III reads as follows:

Amount of annual income from any source other than 600.00
personal employment, by reason of which, pursuant to paragraph 52(7)(c), a pension payable to a widowed mother shall not be reduced

Pension Benefits Division Act

Clause 243: (1) and (3) The definition ``spouse'' in section 2 reads as follows:

``spouse'', in relation to a member of a pension plan, means a person of the opposite sex who

      (a) is married to the member,

      (b) is cohabiting with the member in a conjugal relationship, having so cohabited with the member for a period of not less than one year, or

      (c) is a party to a void marriage with the member.

(2) The definition ``spousal agreement'' in section 2 reads as follows:

``spousal agreement'' means an agreement referred to in subparagraph 4(2)(b)(ii);

(4) to (6) New.

Clause 244: The relevant portion of subsection 4(2) reads as follows:

(2) The circumstances in which an application may be made are:

    . . .

    (b) where the member and the spouse or former spouse have lived separate and apart for a period of one year or more and, either before or after they commenced to live separate and apart,

Clause 245: (1) The relevant portion of subsection 8(1) reads as follows:

8. (1) A division of pension benefits shall be effected by

    (a) subject to subsection (4), transferring an amount representing fifty per cent of the value of the pension benefits that have accrued to the member of the pension plan during the period subject to division, as determined in accordance with the regulations, to the spouse or former spouse, if that pension plan is a retirement compensation arrangement, or, in any other case, to

      (i) a pension plan selected by the spouse or former spouse that is registered under the Income Tax Act, if that pension plan so permits,

(2) Subsection 8(5) reads as follows:

(5) An amount that cannot be transferred in accordance with paragraph (1)(a) by reason only of the death of the spouse or former spouse shall be paid to the estate of the spouse or former spouse.

Clause 246: Section 10 reads as follows:

10. If the amount transferred in respect of a spouse or former spouse or paid to the estate of a deceased spouse or former spouse under section 8 exceeds the amount that the spouse or former spouse was entitled to have transferred or the estate was entitled to be paid, the amount in excess constitutes a debt due to Her Majesty in right of Canada by that spouse, former spouse or estate.

Clause 247: Section 13 reads as follows:

13. (1) Notwithstanding any other provision of this Act or the provisions of any pension plan or Act under which a pension plan is established or by which a pension plan is provided, where a court in Canada of competent jurisdiction so orders, the Minister shall not, for such period as that court may order, take any action on the direction of a member of a pension plan that may prejudice the ability of the spouse or a former spouse of that member to make an application or obtain a division of pension benefits under this Act.

(2) The Minister shall, in accordance with the regulations, on request of a spouse or former spouse of a member of a pension plan, provide that person with prescribed information concerning the benefits that are or may become payable to or in respect of that member under that pension plan or under Part II of the Public Service Superannuation Act, Part II of the Canadian Forces Superannuation Act, the Public Service Pension Adjustment Act or the Supplementary Retirement Benefits Act.

Clause 248: (1) and (2) The relevant portion of section 16 reads as follows:

16. The Governor in Council may, on the recommendation of the President of the Treasury Board, make regulations

    . . .

    (i) respecting the manner in which and the extent to which any provision of a pension plan or an Act under which a pension plan is established or by which a pension plan is provided, as amended from time to time, applies, notwithstanding the provisions of that pension plan or Act, to any member, spouse, former spouse or other person in any case where a division of pension benefits is effected under section 8, and adapting any provision of that pension plan or Act to those persons;

    . . .

    (k) respecting the provision of information to a spouse or former spouse of a member of a pension plan under subsection 13(2);

Pension Benefits Standards Act, 1985

Clause 254: (1) and (2) The definitions ``joint and survivor pension benefit'', '' ``marriage'' and ``remarriage'''', ``pension benefit'' and ``spouse'' in subsection 2(1) read as follows:

``joint and survivor pension benefit'' means an immediate pension benefit that continues at least until the death of the member or former member or the death of the spouse of the member or former member, whichever occurs later;

``marriage'' and ``remarriage'' have the meaning described in the definition ``spouse'';

``pension benefit'' means a periodic amount to which, under the terms of a pension plan, a member or former member, or the spouse, other beneficiary or estate of a member or former member, is or may become entitled;

``spouse'', in relation to a member or former member, means, except in section 25,

      (a) if there is no person described in paragraph (b), a person who is married to the member or former member or who is party to a void marriage with the member or former member, or

      (b) a person of the opposite sex who is cohabiting with the member or former member in a conjugal relationship at the relevant time, having so cohabited with the member or former member for at least one year,

    and ``marriage'' (except as used in paragraph (a) of this definition) and ``remarriage'' have corresponding meanings;

(3) New.

(4) New.

Clause 255: Section 3 reads as follows:

3. The requirements of this Act and the regulations shall not be construed as preventing the registration or operation of a pension plan containing provisions that are more advantageous to members of the plan, former members or potential members or their spouses, beneficiaries or estates.

Clause 256: The relevant portion of subsection 18(2) reads as follows:

(2) Notwithstanding subsection (1), a pension plan may provide

    . . .

    (c) that, if the annual pension benefit payable is less than four per cent of the Year's Maximum Pensionable Earnings for the calendar year in which a member ceases to be a member of the plan or dies, or such other percentage as may be prescribed, the pension benefit credit may be paid to the member or surviving spouse, as the case may be.

Clause 257: Subsection 23(5) reads as follows:

(5) A pension plan may provide that a surviving spouse may, after the death of a member or former member, surrender, in writing, the pension benefit or pension benefit credit to which the spouse is entitled under this section and designate a beneficiary who is a dependant, within the meaning of subsection 8500(1) of the Income Tax Regulations, of the spouse, member or former member.

Clause 258: Section 24 and the heading before it read as follows:

Remarriage of Former Spouse or Surviving Spouse

24. A pension benefit payable to the former spouse of a member or former member or to the surviving spouse of a deceased member or former member shall not terminate by reason only of the remarriage of the former spouse or surviving spouse, as the case may be.

Clause 259: (1) Subsections 25(1) and (2) read as follows:

25. (1) In this section,

``provincial property law'' means the law of a province relating to the distribution, pursuant to court order or agreement between the spouses, of the property of the spouses on divorce, annulment or separation;

``spouse'' has

      (a) in the definition ``provincial property law'' in this subsection, the same meaning that it has in the applicable provincial property law, regardless of whether the provincial property law uses the word ``spouse'' or uses another expression, and

      (b) in subsections (2) to (8),

        (i) in relation to a court order, the same meaning that it has in the applicable provincial property law, regardless of whether the provincial property law uses the word ``spouse'' or uses another expression, or

        (ii) in relation to an assignment or agreement referred to in this section, the same meaning as in the definition ``spouse'' in subsection 2(1).

(2) Subject to this section, pension benefits, pension benefit credits and any other benefits under a pension plan shall, on divorce, annulment or separation, be subject to the applicable provincial property law.

(2) Subsections 25(4) to (8) read as follows:

(4) Notwithstanding anything in this section or in provincial property law, a member or former member of a pension plan may assign all or part of that person's pension benefit, pension benefit credit or other benefit under the plan to that person's spouse, effective as of divorce, annulment or separation, and in the event of such an assignment the spouse shall, in respect of the assigned portion of the pension benefit, pension benefit credit or other benefit, be deemed for the purpose of this Act, except subsections 21(2) to (6),

    (a) to have been a member of that pension plan, and

    (b) to have ceased to be a member of that pension plan as of the effective date of the assignment,

but a subsequent spouse of that spouse is not entitled to any pension benefit, pension benefit credit or other benefit under the pension plan in respect of that assigned portion.

(5) Where, pursuant to this section, all or part of a pension benefit, pension benefit credit or other benefit under a pension plan of a member or former member is required to be distributed to that person's spouse under a court order or an agreement between the spouses, the administrator, on receipt of

    (a) a written request from either the member or former member or that person's spouse that all or part of the pension benefit, pension benefit credit or other benefit, as the case may be, be distributed in accordance with the court order or the agreement, and

    (b) a copy of the court order or agreement,

shall determine and henceforth administer the pension benefit, pension benefit credit or other benefit, as the case may be, in prescribed manner, in accordance with the court order or the agreement; however, in the case of a court order, the administrator shall not administer the pension benefit, pension benefit credit or other benefit in accordance with the court order until all appeals therefrom have been finally determined or the time for appealing has expired.

(6) On receipt of a request referred to in subsection (5), the administrator shall notify the non-requesting spouse of the request and shall provide that spouse with a copy of the court order or agreement submitted in support of the request, but this requirement does not apply in respect of a request or an agreement received by the administrator in a form or manner that indicates that it was jointly submitted by the two spouses.

(7) A pension plan may provide that, where, pursuant to this section, all or part of a pension benefit of a member or former member is required to be distributed to that person's spouse under a court order or an agreement between the spouses, a joint and survivor pension benefit may be adjusted so that it becomes payable as two separate pensions, one to the member or former member and the other to that person's spouse, if the aggregate of the actuarial present values of the two pensions is not less than the actuarial present value of the joint and survivor pension benefit.

(8) Notwithstanding subsection (2), the aggregate of

    (a) the actuarial present value of the pension benefit or other benefit paid to the member or former member, and

    (b) the actuarial present value of the pension benefit or other benefit paid to the spouse of the member or former member

pursuant to this section shall be not greater than the actuarial present value of the pension benefit or other benefit, as the case may be, that would have been payable to the member or former member had the divorce, annulment or separation not occurred.

Clause 260: Subsection 27(1) reads as follows:

27. (1) The sex of a member or former member or of that person's spouse may not be taken into account in determining

    (a) the amount of any contribution required to be paid by the member under a pension plan after December 31, 1986; or

    (b) the amount of any benefit to which the member or former member or that person's spouse becomes entitled under the plan after December 31, 1986.

Clause 261: Subsection 29(7) reads as follows:

(7) On the termination or winding-up of the whole of a pension plan, no part of the assets of the plan shall revert to the benefit of the employer until the Superintendent's consent has been obtained and provision has been made for the payment to members and former members and their spouses, beneficiaries or estates of all accrued or payable benefits in respect of membership up to the date of the termination or winding-up and, for that purpose, those benefits shall be treated as vested without regard to conditions as to age, period of membership in the plan or period of employment.

Clause 262: The relevant portion of subsection 36(3) reads as follows:

(3) Subsection (2) does not apply to prevent the assignment of an interest in a pension benefit, or in a life-annuity of the prescribed kind resulting from a transfer or purchase pursuant to section 26, where the assignment

    . . .

    (b) is made pursuant to a written agreement between the spouses.

Pension Fund Societies Act

Clause 265: The heading before section 2 reads as follows:

Interpretation

Clause 266: Section 2 reads as follows:

2. In this Act, ``parent corporation'' means the corporation any of whose officers establish or take proceedings to establish a pension fund society under this Act.

Clause 267: The relevant portion of section 10 reads as follows:

10. After its incorporation under this Act, every pension fund society has the power, by means of voluntary contribution or otherwise as its by-laws provide, to form a fund, and may invest, hold and administer the fund and from and out of the fund may

    . . .

    (b) on the death of those officers or employees, pay annuities or gratuities to their widows and minor children or other surviving relatives in such manner as may be specified by the by-laws of the society.

Clause 268: The relevant portion of subsection 11(1) reads as follows:

11. (1) Every incorporated pension fund society has all powers necessary for the purposes of this Act and may make by-laws defining and regulating in the premises, and prescribing the mode of enforcement of all the rights, powers and duties of

    . . .

    (d) the widows and orphans or other surviving relatives of those officers and employees; and

Clause 269: Section 12 reads as follows:

12. All the powers, authority, rights, penalties and forfeitures whatever in the premises, whether of the pension fund society, of the individual members thereof, of the officers and employees thereof or of their widows, orphans and relatives, or of the parent corporation, shall be such as are defined and limited by the by-laws of the society and may be exercised and enforced in the manner prescribed by those by-laws.

Clause 270: The relevant portion of subsection 17(1) reads as follows:

17. (1) A pension fund society established under this Act may, at the request of the parent corporation evidenced by a resolution of its directors, admit to membership in the society, on such terms and conditions as the society may determine, any officers or employees of a subsidiary corporation of the parent corporation and may

    . . .

    (b) on the death of those officers or employees, pay annuities or gratuities to their widows and minor children or other surviving relatives in such manner as may be specified by the by-laws of the society.

Public Service Employment Act

Clause 272: New.

Clause 273: The relevant portion of subsection 16(4) reads as follows:

(4) Where, in the case of an open competition, the Commission is of the opinion that there are sufficient qualified applicants who are

    . . .

    (b) persons who do not come within paragraph (a) and who are veterans as defined in Schedule II or widows or widowers of veterans as defined in Schedule II, or

    . . .

to enable the Commission to establish an eligibility list in accordance with this Act, the Commission may confine its selection of qualified candidates under subsection (1) to the applicants who come within paragraph (a), paragraphs (a) and (b) or paragraphs (a), (b) and (c).

Clause 274: (1) The definition ``widow or widower of a veteran'' in section 1 of Schedule II reads as follows:

``widow or widower of a veteran'' means the widow or widower of a person who, being a veteran, died from causes arising during the service by virtue of which the person became a veteran;

(2) New.

Public Service Superannuation Act

Clause 275: Section 13.1 reads as follows:

13.1 (1) Where a contributor who is entitled to an annuity or annual allowance under this Part has a spouse and the spouse would not be entitled to an immediate annual allowance under any other provision of this Part in the event of the contributor's death, the contributor may, subject to the regulations, elect to reduce the amount of the annuity or annual allowance to which the contributor is entitled in order that the spouse could become entitled to an immediate annual allowance under subsection (3).

(2) If a contributor makes an election under subsection (1), the amount of the annuity or annual allowance to which the contributor is entitled shall be reduced in accordance with the regulations but the actuarial present value of both the reduced annuity or annual allowance and the immediate annual allowance to which the spouse could become entitled under subsection (3) may not be less than the actuarial present value of the annuity or annual allowance to which the contributor is entitled immediately before the reduction is made.

(3) Where a contributor who has made an election under subsection (1) dies and the election is not deemed to be revoked under subsection (4), the person, if any, who was the spouse of the contributor both at the time of the election and at the time of death is entitled to an immediate annual allowance in an amount determined in accordance with the election and the regulations.

(4) If a contributor who makes an election under subsection (1) is subsequently re-employed in the Public Service and required by subsection 5(1) to contribute to the Superannuation Account, the election is deemed to be revoked at the time determined in accordance with the regulations.

(5) Section 25 does not apply in respect of a person referred to in subsection (3).

Clause 276: (1) Subsection 32(1) reads as follows:

32. (1) Where any court in Canada of competent jurisdiction has made a financial support order requiring a recipient to pay an amount to a spouse, former spouse, child or other person, amounts payable to the recipient under this Part or Part III are subject to being diverted to the person named in the financial support order in accordance with Part II of the Garnishment, Attachment and Pension Diversion Act.

(2) Subsection 32(4) reads as follows:

(4) For the purposes of Part II of the Garnishment, Attachment and Pension Diversion Act, all survivors within the meaning of this Act are deemed to be included in the definition ``recipient'' in subsection 32(1) of that Act.

Clause 277: The relevant portion of subsection 42.1(1) reads as follows:

42.1 (1) The Governor in Council may make regulations

    . . .

    (j) prescribing the time at which and the manner in which an election may be made under subsection 13.1(1) and determining, for the purposes of subsection 13.1(4), the time at which the election is deemed to be revoked;

    (k) respecting the reduction to be made in the amount of an annuity or annual allowance under subsection 13.1(2);

    (l) respecting the amount of the immediate annual allowance to be paid to a spouse under subsection 13.1(3);

The Returned Soldiers' Insurance Act

Clause 278: (1) and (2) Paragraph 2(b.1) is new. The relevant portion of section 2 reads as follows:

2. In this Act and in any regulation, unless the context otherwise requires,

    . . .

    (b) ``child'' includes,

      . . .

      (iii) an illegitimate child acknowledged or maintained by the insured or for whom he has been judicially ordered to provide support;

Clause 279: (1) Subsections 4(1) and (2) read as follows:

4. (1) Where the insured is married, or is a widow or a widower or divorced or unmarried, and with children, the beneficiary shall, subject to subsections (4) to (6), be the spouse or children of the insured, or some one or more of such persons.

(2) Where the insured is unmarried, or is a widow or a widower or divorced, and without children, the beneficiary shall, subject to subsections (4) to (6) and section 5, be the future spouse or future children of the insured, or some one or more of such persons.

(2) Subsections 4(6) and (7) read as follows:

(6) For the purposes of this Act, if an insured has designated a person of the opposite sex as a beneficiary under a contract of insurance and that person establishes to the satisfaction of the Minister that they were cohabiting in a conjugal relationship for a period of not less than one year immediately prior to the death of the insured, that person shall, if the Minister so directs, be deemed to be the spouse of the deceased insured in lieu of any spouse or future spouse referred to in subsections (1) and (2).

(7) For the purposes of this Act, a person other than the spouse of the insured may be deemed to be his spouse pursuant to subsection (6) notwithstanding a representation, if any, made by the insured for the purposes of the contract of insurance to the effect that the person is or was his spouse.

Royal Canadian Mounted Police Pension Continuation Act

Clause 285: (1) Subsection 18.1(1) reads as follows:

18.1 (1) Where any court in Canada of competent jurisdiction has made a financial support order requiring an officer in receipt of a pension to pay an amount to a spouse, former spouse, child or other person, amounts payable to the officer under this Part are subject to being diverted to the person named in the financial support order in accordance with Part II of the Garnishment, Attachment and Pension Diversion Act.

(2) Subsection 18.1(3) reads as follows:

(3) For the purposes of Part II of the Garnishment, Attachment and Pension Diversion Act, all survivors within the meaning of this Act are deemed to be included in the definition ``recipient'' in subsection 32(1) of that Act.

Clause 286: Section 20.1 reads as follows:

20.1 (1) Where an officer who is in receipt of a pension has a spouse and, by reason of paragraph 20(c) or (d), a pension could not be granted to the spouse under section 19 in the event of the officer's death, the officer may elect, at the prescribed time and in the prescribed manner, to reduce the amount of the officer's pension in order that a pension could be granted to the spouse under subsection (3).

(2) If an officer makes an election, the amount of the officer's pension shall be reduced in accordance with the regulations, but the actuarial present value of both the reduced pension and the pension that could be granted to the spouse under subsection (3) may not be less than the actuarial present value of the officer's pension immediately before the reduction is made.

(3) The Minister shall grant a pension to the widow of any officer who makes an election if

    (a) the widow was the spouse of the officer both at the time of the election and at the time of death; and

    (b) the election has not been revoked under subsection (5).

(4) The pension granted to a widow under subsection (3) shall be in an amount determined in accordance with the regulations.

(5) If an officer who makes an election is subsequently re-appointed to or re-enlisted in the Force and required by subsection 5(1) of the Royal Canadian Mounted Police Superannuation Act to contribute to the Royal Canadian Mounted Police Superannuation Account, the election is deemed to be revoked at the time determined in accordance with the regulations, but otherwise an election is irrevocable.

(6) Section 25.1 does not apply to a widow who is granted a pension under subsection (3).

(7) The Governor in Council may make regulations

    (a) prescribing the time at which and the manner in which an election may be made under subsection (1);

    (b) respecting the reduction to be made in the amount of an officer's pension under subsection (2);

    (c) respecting the amount of the pension granted to a widow under subsection (3):

    (d) determining the time at which an election is deemed to be revoked under subsection (5); and

    (e) generally as the Governor in Council may consider necessary for carrying out the purposes and provisions of this section.

Clause 287: (1) Subsection 44.1(1) reads as follows:

44.1 (1) Where any court in Canada of competent jurisdiction has made a financial support order requiring a constable in receipt of a pension to pay an amount to a spouse, former spouse, child or other person, amounts payable to the constable under this Part are subject to being diverted to the person named in the financial support order in accordance with Part II of the Garnishment, Attachment and Pension Diversion Act.

(2) Subsection 44.1(3) reads as follows:

(3) For the purposes of Part II of the Garnishment, Attachment and Pension Diversion Act, all survivors within the meaning of this Act are deemed to be included in the definition ``recipient'' in subsection 32(1) of that Act.

Royal Canadian Mounted Police Superannuation Act

Clause 288: Section 14.1 reads as follows:

14.1 (1) Where a contributor who is entitled to an annuity or annual allowance under this Part has a spouse and the spouse would not be entitled to an immediate annual allowance under any other provision of this Part in the event of the contributor's death, the contributor may, subject to the regulations, elect to reduce the amount of the annuity or annual allowance to which the contributor is entitled in order that the spouse could become entitled to an immediate annual allowance under subsection (3).

(2) If a contributor makes an election under subsection (1), the amount of the annuity or annual allowance to which the contributor is entitled shall be reduced in accordance with the regulations but the actuarial present value of both the reduced annuity or annual allowance and the immediate annual allowance to which the spouse could become entitled under subsection (3) may not be less than the actuarial present value of the annuity or annual allowance to which the contributor is entitled immediately before the reduction is made.

(3) Where a contributor who has made an election under subsection (1) dies and the election is not deemed to be revoked under subsection (4), the person, if any, who was the spouse of the contributor both at the time of the election and at the time of death is entitled to an immediate annual allowance in an amount determined in accordance with the election and the regulations.

(4) If a contributor who makes an election under subsection (1) is subsequently re-appointed to or re-enlisted in the Force and required by subsection 5(1) to contribute to the Superannuation Account, the election is deemed to be revoked at the time determined in accordance with the regulations.

(5) Section 18 does not apply in respect of a person referred to in subsection (3).

Clause 289: (1) Subsection 20(1) reads as follows:

20. (1) Where any court in Canada of competent jurisdiction has made a financial support order requiring a recipient to pay an amount to a spouse, former spouse, child or other person, amounts payable to the recipient under this Part or Part III are subject to being diverted to the person named in the financial support order in accordance with Part II of the Garnishment, Attachment and Pension Diversion Act.

(2) Subsection 20(4) reads as follows:

(4) For the purposes of Part II of the Garnishment, Attachment and Pension Diversion Act, all survivors within the meaning of this Act are deemed to be included in the definition ``recipient'' in subsection 32(1) of that Act.

Clause 290: The relevant portion of subsection 26.1(1) reads as follows:

26.1 (1) The Governor in Council may make regulations

    . . .

    (e) prescribing the time at which and the manner in which an election may be made under subsection 14.1(1) and determining, for the purposes of subsection 14.1(4), the time at which the election is deemed to be revoked;

    (f) respecting the reduction to be made in the amount of an annuity or annual allowance under subsection 14.1(2);

    (g) respecting the amount of the immediate annual allowance to be paid to a spouse under subsection 14.1(3);

Special Import Measures Act

Clause 291: The relevant portion of subsection 2(3) reads as follows:

(3) For the purposes of subsection (2), persons are related to each other if

    (a) they are individuals connected by blood relationship, marriage or adoption within the meaning of subsection 251(6) of the Income Tax Act;

Special Retirement Arrangements Act

Clause 292: The definition ``pension benefit'' in section 2 reads as follows:

``pension benefit'' means a periodic payment to which a member or former member of a special pension plan, or the spouse, other beneficiary or estate of that member or former member, is or may become entitled under that pension plan;

Clause 293: The relevant portion of section 22 reads as follows:

22. Subject to Part II of the Garnishment, Attachment and Pension Diversion Act and to the Pension Benefits Division Act,

    . . .

    (b) a benefit under a special pension plan or retirement compensation arrangement to which a member or former member of that pension plan or a person subject to that arrangement is entitled, or to which a surviving spouse or child is entitled, is not capable of being surrendered or commuted during the lifetime of that person, and any transaction that purports to so surrender or commute any such benefit is void; and

Clause 294: New. The relevant portion of subsection 28(1) reads as follows:

28. (1) The Governor in Council may, on the recommendation of the Minister, make regulations

Supplementary Retirement Benefits Act

Clause 295: (1) The relevant portion of the definition ``recipient'' in subsection 2(1) reads as follows:

``recipient'' means a person who

      . . .

      (d) is in receipt of a pension by virtue of being a surviving spouse, a child or an orphan;

(2) New.

Clause 296: (1) The relevant portion of subsection 4(3) reads as follows:

(3) Notwithstanding subsection (1), the supplementary retirement benefit payable to a recipient whose retirement year is 1982 or a later year, and who retires, or whose spouse or parent retires, on or after June 22, 1982, for a month in the year immediately following his retirement year is the amount obtained by multiplying

(2) The relevant portion of subsection 4(4) reads as follows:

(4) For the purposes of calculating the supplementary retirement benefit payable under subsection (1) to a recipient whose retirement year is 1982 or a later year, and who retires, or whose spouse or parent retires, on or after June 22, 1982, for a month in any year following the year immediately following his retirement year,

(3) The relevant portion of subsection 4(5) reads as follows:

(5) For the purposes of this section,

    . . .

    (b) the retirement year or retirement month of a person who is in receipt of a pension by virtue of being a surviving spouse, a child or an orphan, is the retirement year or retirement month, as the case may be, of the person in respect of whom or in respect of whose service the pension is payable.

Trade Unions Act

Clause 297: Section 28 reads as follows:

28. The father, son or brother of a master, in the particular trade or business in or in connection with which any offence under this Act is charged to have been committed, shall not act as a provincial court judge or justice of the peace in any case of complaint or information under this Act or as a member of any court for hearing any appeal in any such case.

Trust and Loan Companies Act

Clause 298: New.

Clause 299: Paragraph (f) of the definition ``associate of the offeror'' in subsection 288(1) is new. The relevant portion of that definition reads as follows:

``associate of the offeror'' means

      . . .

      (d) a spouse or child of the offeror, or

      (e) a relative of the offeror or of the offeror's spouse if that relative has the same residence as the offeror;

Clause 300: (1) Subsection 484(5) reads as follows:

(5) Notwithstanding section 489, a company may make a loan referred to in paragraph 479(b) to the spouse of a senior officer of the company on terms and conditions more favourable to the spouse of that officer than those offered to the public by the company if those terms and conditions have been approved by the conduct review committee of the company.

(2) and (3) The relevant portion of subsection 484(6) reads as follows:

(6) Notwithstanding section 489, a company may offer financial services, other than loans or guarantees, to a senior officer of the company, or to the spouse, or a child who is less than eighteen years of age, of a senior officer of the company, on terms and conditions more favourable than those offered to the public by the company if

    . . .

    (b) the conduct review committee of the company has approved the practice of making those financial services available on those favourable terms and conditions to senior officers of the company or to the spouses, or the children under eighteen years of age, of senior officers of the company.

Clause 301: Subsection 534(3) reads as follows:

(3) Where a person has been convicted of an offence under this Act, the court may, where it is satisfied that as a result of the commission of the offence the convicted person acquired any monetary benefits or that monetary benefits accrued to the convicted person or to the spouse or other dependant of the convicted person, order the convicted person to pay, notwithstanding the maximum amount of any fine that may otherwise be imposed under this Act, an additional fine in an amount equal to the court's estimation of the amount of those monetary benefits.

Veterans Insurance Act

Clause 303: (1) The relevant portion of the definition ``child'' in subsection 2(1) reads as follows:

``child'' includes

      . . .

      (c) an illegitimate child acknowledged or maintained by the insured or for whom he has been judicially ordered to provide support;

(2) New.

Clause 304: (1) Subsections 6(1) and (2) read as follows:

6. (1) Where the insured is married, or is a widow or a widower or divorced or unmarried and with children, the beneficiary is, subject to subsections (4) to (6), the spouse or children of the insured, or some one or more of such persons.

(2) Where the insured is unmarried, or is a widow or a widower or divorced and without children, the beneficiary is, subject to subsections (4) to (6) and section 7, the future spouse or future children of the insured, or some one or more of such persons.

(2) Subsection 6(5) reads as follows:

(5) Where the insured does not designate a beneficiary, or where all of the beneficiaries designated by him die within his lifetime, the insurance money shall be paid to the spouse and the children of the insured in equal shares, and if the insured survives the spouse and all the children of the insured, and there is no contingent beneficiary within the meaning of section 7 surviving the insured, the insurance money shall be paid, as it falls due or otherwise as the Minister may determine, to the estate of the insured.

(3) Subsections 6(6) and (7) read as follows:

(6) For the purposes of this Act, if an insured has designated a person of the opposite sex as a beneficiary under a contract of insurance and that person establishes to the satisfaction of the Minister that the insured and the person were cohabiting in a conjugal relationship for a period of not less than one year immediately prior to the death of the insured, that person shall, if the Minister so directs, be deemed to be the spouse of the deceased insured in lieu of any spouse or future spouse referred to in subsections (1) and (2).

(7) For the purposes of this Act, a person other than the spouse of the insured may be deemed to be his spouse pursuant to subsection (6) notwithstanding a representation, if any, made by the insured for the purposes of the contract of insurance to the effect that the person is or was his spouse.

Veterans Land Act

Clause 311: New.

Clause 312: Section 19 reads as follows:

19. (1) Where a veteran, widow of a veteran or widower of a veteran is indebted to the Director in connection with the sale of land or other property to the veteran or deceased spouse of the widow or widower, in connection with any mortgage or hypothec taken under section 17 or 17.1, or in connection with any loan made under Part III, the Director may, with the approval in writing of the veteran, widow or widower, enter into a group insurance contract on behalf of the veteran, widow or widower on such terms as the Director deems appropriate, insuring the life of the veteran or the spouse of the veteran, the widow or widower in an amount sufficient to provide for the repayment to the Director of not less than fifty per cent of the amount of such indebtedness.

(2) The premiums payable under any group insurance contract entered into under subsection (1) shall be assessed by the Director against those veterans, widows and widowers on whose behalf the contract was entered into and if any such veteran, widow or widower fails or neglects to pay any premium so assessed in respect of him or her, the Director may pay the premium on behalf of the veteran, widow or widower and any amount so expended by the Director shall be repaid by the veteran, widow or widower on demand with interest from the time the amount was so expended at the rate or rates in effect for the purpose of this subsection at that time, and, until so repaid, shall be added to the sale price of or amount outstanding on the land or other property referred to in subsection (1), or to the amount of the mortgage or hypothec referred to in that subsection, as the case may be, and shall become part of the principal.

Clause 313: Subsections 37(2) and (3) read as follows:

(2) Notwithstanding any other provision of this Act, an order made or a judgment rendered by a court of competent jurisdiction to recognize or enforce the rights, interest or estate of the spouse or a dependant of a veteran in land that is the subject of a contract of sale, mortgage or hypothec under this Act applies to and is binding on the land subject to the rights, interest or estate of the Director in the land.

(3) For the purposes of subsection (2),

``dependant'' means any member of the family of a veteran who is entitled under the law of the province in which the land is situated to be maintained by the veteran;

``spouse'' includes a person who, although not legally married to a veteran, is recognized by the law of the province in which the land is situated as or as being in the position of a spouse with respect to rights, interest or estate in land.

Veterans Review and Appeal Board Act

Clause 315: Section 33 reads as follows:

33. Notwithstanding section 31, an appeal lies to the Tax Court of Canada from any decision of an appeal panel as to income or as to the source of income of a person or their spouse, or both, for the purposes of the War Veterans Allowance Act or Part XI of the Civilian War-related Benefits Act.

Visiting Forces Act

Clause 316: The definition ``dependant'' in section 2 reads as follows:

``dependant'' means, with reference to a member of a visiting force or to a member of the armed forces of a designated state, the spouse or child of the member depending on the member for support;

War Veterans Allowance Act

Clause 317: (1) The definition '' ``widow'', ``widower'' or ``surviving spouse'''' in subsection 2(1) reads as follows:

``widow'', ``widower'' or ``surviving spouse'' means

      (a) a surviving spouse of a deceased veteran who is not a veteran and who has not remarried, and

      (b) a surviving spouse of a deceased veteran who is not a veteran, who has remarried and whose spouse of that marriage dies or whose marriage ends in dissolution or legal separation,

    and, for the purposes of paragraph 7(1)(a) and the schedule, includes a veteran who is bereft by death of his spouse.

(2) See Note to subclause (4).

(3) The definition ``child'' in subsection 2(1) reads as follows:

``child'' means

      (a) a child of a veteran, or

      (b) a child of a widow or widower who, having been a recipient, marries and

        (i) whose spouse of that marriage dies, or

        (ii) whose marriage ends in dissolution or legal separation,

    and includes a stepchild, an adopted child or a foster-child of a veteran;

(4) The definition ``parent'' in subsection 2(1) reads as follows:

``parent'' includes an adoptive or foster-parent or a step-parent;

(5) The relevant portion of the definition ``dependent child'' in subsection 2(1) reads as follows:

``dependent child'' means a child who is

      . . .

      (e) a child referred to in paragraph (a), (b), (c) or (d) who is married and who is financially dependent on a recipient;

(6) and (7) The relevant portion of the definition ``orphan'' in subsection 2(1) reads as follows:

``orphan'' means

      (a) a child who is bereft by death of his parents,

      (b) a child who is bereft by death of one parent and whose surviving parent has, in the opinion of the Minister, abandoned or deserted the child, or

      (c) a child of divorced, separated or unmarried parents who is bereft by death of a parent who was, at the time of death, receiving an additional allowance in respect of that child, and

(8) New.

(9) New.

(10) Subsection 2(3) reads as follows:

(3) For the purposes of this Act,

    (a) a veteran who establishes to the satisfaction of the Minister that the veteran has been cohabiting in a conjugal relationship with a person of the opposite sex for a period of not less than one year shall be deemed to be married to that person, until either of them marries or until they cease to cohabit, and on the death of the veteran while so deemed to be married that person shall be deemed to be the surviving spouse of the veteran; and

    (b) a person who establishes to the satisfaction of the Minister that the person was cohabiting in a conjugal relationship with a veteran of the opposite sex for a period of not less than one year immediately prior to the death of the veteran shall be deemed to be the surviving spouse of that veteran.

Clause 318: (1) The relevant portion of subsection 4(1) reads as follows:

4. (1) Subject to this Act, an allowance is payable to

    . . .

    (c) any veteran, widower or widow who, in the opinion of the Minister,

(2) Subsection 4(3) reads as follows:

(3) The monthly allowance payable under this section to a veteran, widow, widower or orphan in a current payment period shall be computed as follows:

    (a) determine the applicable monthly income factor specified for the veteran, widow, widower or orphan in Column II of the schedule;

    (b) determine the applicable monthly allowance ceiling for the veteran, widow, widower or orphan by subtracting from the applicable monthly income factor determined under paragraph (a) one-twelfth of the income for the base calendar year of the veteran and the veteran's spouse, if any, or the widow, widower or orphan, as the case may be; and

    (c) determine the monthly allowance payable to the veteran, widow, widower or orphan by subtracting from the applicable monthly allowance ceiling determined under paragraph (b) the current monthly benefits, if any,

      (i) payable under the Old Age Security Act or, if no such benefits are payable, such benefits as are deemed to be payable pursuant to regulations made under paragraph 25(p), to or in respect of the veteran and the veteran's spouse, if any, or the widow, widower or orphan, as the case may be, or

      (ii) payable under the Pension Act or any enactment prescribed by regulations made under section 25 or under similar or equivalent laws of the country in whose forces the veteran served, but not including any monthly benefit payable

        (A) under section 38 of the Pension Act or under similar or equivalent laws of the country in whose forces the veteran served, or

        (B) as an additional allowance under the Pension Act in respect of any child or parent of a veteran or under similar or equivalent laws of the country in whose forces the veteran served,

    to or in respect of the veteran and the veteran's spouse, if any, or the widow, widower or orphan, as the case may be.

(3) The relevant portion of subsection 4(4) reads as follows:

(4) Notwithstanding subsection (1), the allowance payable under this section to a veteran, widow, widower or orphan may be paid to that veteran, widow, widower or orphan who absents himself from Canada after July 31, 1960 if, on the day that he leaves Canada, he

(4) Subsections 4(6) and (6.1) read as follows:

(6) Where both parties to a marriage who are residing together are veterans, each may be paid the allowance that would be payable under this section if both veterans were unmarried.

(6.1) Where one of the veterans referred to in subsection (6) is not entitled to any allowance under that subsection, each may be paid the allowance that would be payable under this section if both veterans were unmarried and each veteran had one half of the aggregate of the income and benefits of both veterans.

Clause 319: Subsection 5(1.1) reads as follows:

(1.1) The monthly allowance payable to a surviving spouse under this section shall be computed in the same manner as a monthly allowance under section 4 except that the applicable monthly income factor referred to in paragraph 4(3)(a) in respect of the surviving spouse shall be a monthly income factor specified in Column II of the schedule opposite paragraph 2(a), (b) or (c) of the schedule, whichever is applicable, as if the surviving spouse were a married veteran described in paragraph 2(a) of the schedule.

Clause 320: Subsection 15(2) reads as follows:

(2) Where it appears to the Minister that a recipient is,

    (a) by reason of infirmity, illness or other cause, incapable of managing his own affairs, or

    (b) not maintaining any person that he has a legal responsibility to maintain,

the Minister may direct that the allowance payable to the recipient be held and administered by the Minister or a person or agency selected by the Minister for the benefit of the recipient or any person that he has a legal responsibility to maintain, or both.

Clause 321: The section references read as follows:

(Sections 2, 4, 5, 15, 19, 21, 22 and 37)

Clause 322: The relevant portion of paragraphs 1(a) and (b) of the schedule reads as follows:

1. (a) Unmarried veteran without dependent child

    (b) Widow or widower without dependent child

Clause 323: The relevant portion of paragraph 2(a) of the schedule reads as follows:

2. (a) Married veteran residing with, maintaining or being maintained by spouse

Clause 324: The relevant portion of paragraphs 3(a) and (b) of the schedule reads as follows:

3. (a) Unmarried veteran having one dependent child

    (b) Widow or widower having one dependent child