R.S., c. C-26

CARRIAGE BY AIR ACT

73. Section 1 of Schedule II to the Carriage by Air Act is replaced by the following:

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, ``member of the passenger's family'' means the passenger's spouse or a person who was cohabiting with the passenger in a conjugal relationship for a period of at least one year immediately before the death of the passenger, a parent, step-parent, grandparent, brother, sister, child, adopted child, stepchild, grandchild, or any person for whom the passenger stood in the place of a parent.

R.S., c. C-29

CITIZENSHIP ACT

74. Subsection 2(1) of the Citizenship Act is amended by adding the following in alphabetical order:

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

``common-law partner'', in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year;

Replacement of ``spouse'' with ``spouse or common-law partner''

75. The Act is amended by replacing ``spouse'' with ``spouse or common-law partner'' in subsection 5(1.1).

Bill C-16

76. If Bill C-16, introduced in the 2nd session of the 36th Parliament and entitled the Citizenship of Canada Act, receives royal assent and section 72 of that Act comes into force before sections 74 and 75 come into force, then sections 74 and 75 are repealed.

Bill C-16

77. If Bill C-16, introduced in the 2nd session of the 36th Parliament and entitled the Citizenship of Canada Act, receives royal assent, then that Act is amended as follows:

    (a) subsection 2(1) is amended by adding the following in alphabetical order:

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

``common-law partner'', in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year.

    (b) section 6 is amended by adding the following after subsection (2):

Deemed residence in Canada

(3) Despite subparagraph 2(2)(c)(i), a day on which an applicant for citizenship is a permanent resident residing with the applicant's spouse or common-law partner who is a citizen engaged, other than as a locally engaged person, for service or employment outside of Canada in or with the Canadian armed forces or the public service of Canada or of a province, is deemed to be a day on which the applicant resided in Canada for the purposes of paragraph (1)(b).

    (c) section 19 is renumbered as subsection 19(1) and is amended by adding the following:

Deemed residence in Canada

(2) Despite subparagraph 2(2)(c)(i), a day on which an applicant for citizenship is a permanent resident residing with the applicant's spouse or common-law partner who is a citizen engaged, other than as a locally engaged person, for service or employment outside of Canada in or with the Canadian armed forces or the public service of Canada or of a province, is deemed to be a day on which the applicant resided in Canada for the purposes of paragraph (1)(b).

R.S.C. 1952, c. 49

CIVIL SERVICE INSURANCE ACT

78. Section 2 of the Civil Service Insurance Act is amended by adding the following in alphabetical order:

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

``common-law partner'', in relation to an insured, means a person who is cohabiting with the insured in a conjugal relationship, having so cohabited for a period of at least one year;

79. The Act is amended by adding the following after section 17:

Designation of beneficiaries

17.1 Despite any other provision of this Act, an insured may, in a declaration, an insurance contract, a will or an instrument purporting to be a will, designate as beneficiary the insured's child, spouse, common-law partner, father, mother, brother, sister or any other person dependent on the insured, apportioned among them as the insured sees fit.

R.S., c. C-31; 1999, c. 10, s. 19

CIVILIAN WAR-RELATED BENEFITS ACT

80. Section 29 of the Civilian War-related Benefits Act is replaced by the following:

Surviving spouse, common-law partner and children only

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

81. Section 34 of the Act is replaced by the following:

Pension to surviving spouse or surviving common-law partner

34. (1) No pension shall be awarded under this Part to the surviving spouse or surviving common-law partner of any person in respect of the death of the person unless the surviving spouse or surviving common-law partner wholly or to a substantial extent maintained or was maintained by that person at the time of that person's death and unless the surviving spouse or surviving common-law partner was that person's spouse or common-law partner, as the case may be, prior to the day the war service injury in respect of which a pension is claimed was sustained.

Additional pension in respect of spouse or common-law partner

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

1999, c. 10, s. 34

82. Section 53 of the Act is replaced by the following:

Rates of pensions and allowances

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, surviving common-law partner or surviving child or children are in necessitous circumstances, or, there being no surviving spouse, surviving common-law partner or surviving 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.

83. The Act is amended by replacing, in section 36,

    (a) ``are married to one another'' with ``are married to one another or are common-law partners of one another''; and

    (b) ``as if they were unmarried'' with ``as if they were unmarried and had no common-law partner''.

1991, c. 48

COOPERATIVE CREDIT ASSOCIATIONS ACT

84. Section 2 of the Cooperative Credit Associations Act is amended by adding the following in alphabetical order:

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

``common-law partner'', in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year;

85. Subsection 466(3) of the Act is replaced by the following:

Additional fine

(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, common-law partner 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.

Replacement of ``spouse'' with ``spouse or common-law partner''

86. The Act is amended by replacing ``spouse'' with ``spouse or common-law partner'' in the following provisions:

    (a) paragraph 410(1)(c);

    (b) subparagraph 420(1)(a)(ii); and

    (c) subparagraph 420(1)(b)(ii).

R.S., c. C-43; 1998, c. 26, s. 63

CORPORATIONS RETURNS ACT

87. (1) The definition ``related group'' in subsection 2(1) of the Corporations Returns Act is replaced by the following:

``related group''
« groupe lié »

``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, common-law partnership or adoption;

(2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

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

``common-law partner'', in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year;

``common-la w partnership''
« union de fait »

``common-law partnership'' means the relationship between two persons who are common-law partners of each other;

(3) Paragraph 2(3)(b) of the Act is replaced by the following:

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

    (b.1) individuals are connected by common-law partnership if one is in a common-law partnership with the other or with a person who is connected by blood relationship or adoption to the other; and

1992, c. 20

CORRECTIONS AND CONDITIONAL RELEASE ACT

88. Paragraph (b) of the definition ``victim'' in subsection 2(1) of the Corrections and Conditional Release Act is replaced by the following:

      (b) where the person is dead, ill or otherwise incapacitated, the person's spouse, an individual who is cohabiting, or was cohabiting at the time of the person's death, with the person in a conjugal relationship, having so cohabited for a period of at least one year, any relative or dependant of the person, or anyone who has in law or fact custody or is responsible for the care or support of the person;

1984, c. 18

CREE-NASKAPI (OF QUEBEC) ACT

89. (1) Paragraphs (b) to (d) of the definition '' ``Inuk of Fort George'' or ``Inuit of Fort George'''' in subsection 2(1) of the Cree-Naskapi (of Quebec) Act are replaced by the following:

      (b) is a descendant of a person described in paragraph (a),

      (c) is a legally adopted child of, or a child adopted in accordance with the custom of the Inuit of Fort George by, a person described in paragraph (a) or (b),

      (d) is a prescribed spouse or prescribed common-law partner of a person described in paragraph (a), (b) or (c), or

(2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

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

``common-law partner'', in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year;

90. (1) The portion of the definition ``consorts'' in section 174 of the Act before paragraph (a) is replaced by the following:

``consorts''
« conjoints »

``consorts'' means persons who are prescribed by regulation and who are

(2) The definition ``consorts'' in section 174 of the Act is amended by striking out the word ``or'' at the end of paragraph (a), by adding the word ``or'' at the end of paragraph (b) and by adding the following after paragraph (b):

      (c) two individuals who are common-law partners of each other;

R.S., c. C-46

CRIMINAL CODE

91. Section 2 of the Criminal Code is amended by adding the following in alphabetical order:

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

``common-law partner'', in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year;

92. Subsection 23(2) of the Act is repealed.

93. (1) Paragraph 215(1)(b) of the Act is replaced by the following:

    (b) to provide necessaries of life to their spouse or common-law partner; and

(2) Paragraph 215(4)(a) of the Act is repealed.

(3) Paragraph 215(4)(c) of the Act is replaced by the following:

    (c) evidence that a person has failed for a period of one month to make provision for the maintenance of any child of theirs under the age of sixteen years is, in the absence of any evidence to the contrary, proof that the person has failed without lawful excuse to provide necessaries of life for the child; and

94. Section 329 of the Act is repealed.

Replacement of ``spouse'' with ``spouse or common-law partner''

95. The Act is amended by replacing ``spouse'' with ``spouse or common-law partner'' in the following provisions:

    (a) paragraph 215(4)(d);

    (b) paragraph 423(1)(a);

    (c) subparagraph 718.2(a)(ii);

    (d) paragraph 722(4)(b);

    (e) paragraph 738(1)(c);

    (f) subsection 810(1); and

    (g) subsection 810(3.2).