Bill C-290
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1nd Session, 35th Parliament, 42-43 Elizabeth II, 1994
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The House of Commons of Canada
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BILL C-290 |
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An Act providing for equal treatment for
persons cohabiting in a relationship
similar to a conjugal relationship
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| Preamble
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Whereas the Constitution of Canada
provides that every individual is equal before
and under the law and has the right to the equal
protection and benefit of the law without
discrimination;
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And whereas the Government of Canada
already recognizes the diversity of Canadians
as regards race, national or ethnic origin,
colour and religion as a fundamental
characteristic of Canadian society;
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And whereas the Government of Canada is
working to achieve the equality of all
Canadians in the economic, social, cultural
and political life of Canada;
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And whereas the Government of Canada
recognizes the importance of the
contributions of homosexuals and lesbians to
the cultural, social, economic and political
enrichment of Canada;
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And whereas homosexuals and lesbians in
Canada constitute a minority that is frequently
exposed to discrimination;
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And whereas the discrimination
experienced by the homosexual minority in
Canada is in many respects similar to that
experienced by other minorities in Canada,
particularly by visible and ethnic minorities;
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And whereas in recent years some Acts of
Parliament have granted the same benefits as
those granted to married persons to
heterosexual couples cohabiting in
relationships similar to conjugal
relationships;
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*ep
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And whereas the lives of homosexual and
lesbian couples in Canada who cohabit in
relationships similar to conjugal relationships
are in many respects identical to the lives of
heterosexual couples;
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And whereas homosexual and lesbian
couples cohabiting in relationships similar to
conjugal relationships do not at present
receive the same benefits as those accorded
heterosexual couples cohabiting in
relationships similar to conjugal
relationships;
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And whereas the Government of Canada
wishes to end discrimination in Acts of
Parliament against homosexual and lesbian
couples by granting the individuals in such
couples the same benefits that are received by
heterosexual couples cohabiting in
relationships similar to conjugal
relationships;
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Now therefore, Her Majesty, by and with
the advice and consent of the Senate and
House of Commons of Canada, enacts as
follows:
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SHORT TITLE |
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| Short title
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1. This Act may be cited as the Equal
Treatment for Persons Cohabiting in a
Relationship Similar to a Conjugal
Relationship Act.
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DEFINITION OF SPOUSE |
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| Definition of
spouse in Acts
of Parliament
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2. Notwithstanding any Act of Parliament,
where in an Act of Parliament the term
``spouse'' means or includes a person
cohabiting for a specified period of time with
another person of the opposite sex in a
relationship similar to a conjugal relationship,
the term also means or includes, as the case
may be, a person who cohabits with a person
of the same sex in a relationship similar to a
conjugal relationship for that specified period
of time for the purpose of any provision of that
Act that can be applied to such a spouse, with
such modification as the circumstances
require.
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| Interpreta- tion of spouse by the courts
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3. Notwithstanding any law or Act of
Parliament, where in an Act of Parliament the
term ``spouse'' is or has been interpreted by
the courts as meaning a person who cohabits
for a specified period of time with a person of
the opposite sex in a similar relationship to a
conjugal relationship, this term also means a
person who lives with another person of the
same sex in a relationship similar to a conjugal
relationship for that specified period of time
for the purpose of any provision of that Act
that can be applied to such a spouse, with such
modification as the circumstances require.
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NON-APPROPRIATION CLAUSE |
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| Authoriza- tion by Parliament
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4. No payments shall be made out of the
Consolidated Revenue Fund to defray any
expenses necessary for the implementation of
this Act without the authority of an
appropriation made by Parliament for such
purposes.
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COMING INTO FORCE |
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| Coming into
force
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5. This Act shall come into force two
months after it is assented to.
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