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Bill C-23

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1991, c. 47

INSURANCE COMPANIES ACT

1997, c. 15, s. 165(4)

153. (1) Paragraph (c) of the definition ``fraternal benefit society'' in subsection 2(1) of the Insurance Companies Act is replaced by the following:

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

(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;

154. Paragraphs (d) and (e) of the definition ``associate of the offeror'' in subsection 307(1) of the Act are replaced by the following:

      (d) a spouse or common-law partner of the offeror,

      (e) a child of the offeror or of the offeror's spouse or common-law partner, or

      (f) a relative of the offeror or of the offeror's spouse or common-law partner, if that relative has the same residence as the offeror;

1997, c. 15, s. 280(3)

155. (1) Subsection 529(5) of the Act is replaced by the following:

Preferred terms - loan to spouse or common-law partner

(5) Notwithstanding section 534, a company may make a loan referred to in paragraph 525(b) to the spouse or common-law partner 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 the terms and conditions of the loan have been approved by the conduct review committee of the company.

1997, c. 15, s. 280(3)

(2) The portion of subsection 529(6) of the Act before paragraph (a) is replaced by the following:

Preferred terms - other financial services

(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 common-law partner, 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

1997, c. 15, s. 280(3)

(3) Paragraph 529(6)(b) of the Act is replaced by the following:

    (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 common-law partners , or the children under eighteen years of age, of senior officers of the company.

1997, c. 15, s. 285

156. Subsection 542(1) of the Act is replaced by the following:

Society's business

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, common-law partners or children of its members.

157. Subsection 706(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''

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

    (a) paragraph 518(1)(c);

    (b) paragraph 518(1)(f);

    (c) subparagraph 529(1)(a)(ii); and

    (d) subparagraph 529(1)(b)(ii).

R.S., c. J-1

JUDGES ACT

159. Section 2 of the Judges 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;

``survivor''
« survivant »

``survivor'', in relation to a judge, means a person who was married to the judge at the time of the judge's death or who establishes that he or she was cohabiting with the judge in a conjugal relationship at the time of the judge's death and had so cohabited for a period of at least one year;

1999, c. 3, s. 75(1)

160. (1) Paragraph 40(1)(d) of the Act is replaced by the following:

    (d) a survivor 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 survivor or child lives with the judge at the time of the judge's death and , within two years after the death, moves to a place of residence in one of the ten provinces or to another territory;

1989, c. 8, s. 11(1)

(2) Paragraph 40(1)(f) of the Act is replaced by the following:

    (f) a survivor 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 survivor or child lives with the judge at the time of the judge's death and , 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.

161. The heading before section 44 of the English version of the Act is replaced by the following:

Annuities Granted to Survivors

1996, c. 30, s. 3

162. Subsection 44(4) of the Act is replaced by the following:

Limitation on annuity to survivor

(4) No annuity shall be granted under this section to the survivor of a judge if the survivor became the spouse or began to cohabit with the judge in a conjugal relationship after the judge ceased to hold office.

163. The Act is amended by adding the following after section 44:

Annuity to be prorated between the two survivors

44.1 (1) Notwithstanding section 44, if there are two persons who are entitled to an annuity under that section, each survivor shall receive a share of the annuity prorated in accordance with subsection (2) for his or her life.

Determina-
tion of prorated share

(2) The prorated share of each survivor is equal to the product obtained by multiplying the annuity by a fraction of which the numerator is the number of years that the survivor cohabited with the judge, whether before or after his or her appointment as a judge, and the denominator is the total obtained by adding the number of years that each of the survivors so cohabited with the judge.

Years

(3) In determining a number of years for the purpose of subsection (2), a part of a year shall be counted as a full year if the part is six or more months and shall be ignored if it is less.

Waiver

(4) A survivor is not entitled to receive an annuity under section 44 or this section if the survivor has waived his or her entitlement to the annuity under an agreement entered into in accordance with applicable provincial law.

Election for former judges

44.2 (1) Subject to the regulations, a judge who is in receipt of an annuity under this Act may elect to reduce his or her annuity so that an annuity may be paid to a person who, at the time of the election, is the spouse or common-law partner of the judge but who is not entitled to an annuity under section 44.

Reduction of annuity

(2) If a judge makes the election, the amount of the annuity to which the judge is entitled shall be reduced in accordance with the regulations, but the combined actuarial present value of the reduced annuity and the annuity to which the spouse or common-law partner could become entitled under subsection (3) may not be less than the actuarial present value of the annuity to which the judge is entitled immediately before the reduction is made.

Payment to person in respect of whom election is made

(3) When the judge dies, a spouse or common-law partner in respect of whom an election was made is entitled to an annuity in an amount determined in accordance with the election, subsection (2) and the regulations.

Regulations

(4) The Governor in Council may make regulations respecting

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

    (b) the reduction to be made in the amount of a judge's annuity when an election is made;

    (c) the amount of the annuity to be paid under subsection (3); and

    (d) any other matter that the Governor in Council considers necessary for carrying out the purposes and provisions of this section.

1989, c. 8, s. 12

164. Section 46.1 of the Act is replaced by the following:

Lump sum payment

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 survivor of the judge or, if there are two survivors, to the survivor who was cohabiting with the judge at the time of death, and if there is no survivor, to the estate or succession of the judge.

1998, c. 30, s. 8(F)

165. (1) The portion of subsection 47(1) of the Act before paragraph (a) is replaced by the following:

Definition of ``child''

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

(2) Subsections 47(4) to (6) of the Act are replaced by the following:

Annuity for children where survivor

(4) The Governor in Council shall grant to each child of a judge described in subsection (3)

    (a) if the judge leaves a survivor, an annuity equal to one-fifth of the annuity that is provided for a survivor under subsection 44(1) or (2); and

    (b) if there is no survivor or the survivor dies, an annuity equal to two-fifths of the annuity that is provided for a survivor under subsection 44(1) or (2).

Maximum of annuities to children

(5 ) The total amount of the annuities paid under subsection (4 ) shall not exceed four-fifths, in the case described in paragraph (4)(a) , and eight-fifths, in the case described in paragraph (4)(b) , of the annuity that is provided for a survivor under subsection 44(1) or (2) .

166. Subsection 48(2) of the Act is replaced by the following:

Children's annuities, to whom paid

(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 survivor of the judge, except where the child is living apart from the survivor , shall be presumed, in the absence of evidence to the contrary, to be the person having the custody and control of the child.

167. Subsection 52(1) of the Act is replaced by the following:

Diversion of payments to satisfy financial support order

52. (1) Where any court in Canada of competent jurisdiction has made an order requiring a recipient of an annuity or other amount payable under section 42, 43, 44, 44.1 or 44.2, or under subsection 51(1) to pay financial support , amounts so payable to the recipient are subject to being diverted to the person named in the order in accordance with Part II of the Garnishment, Attachment and Pension Diversion Act.

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

168. The Act is amended by replacing ``spouse'' with ``spouse or common-law partner'' in subsection 27(6).

Replacement of ``surviving spouse'' and ``spouse'' with ``survivor''

169. The Act is amended by replacing ``surviving spouse'' and ``spouse'' with ``survivor'' in the following provisions:

    (a) subsections 44(1) to (3); and

    (b) section 49.

R.S., c. L-8

LIEUTENANT GOVERNORS SUPERANNUATION ACT

170. Section 2 of the Lieutenant Governors Superannuation Act is amended by adding the following in alphabetical order:

``survivor''
« survivant »

``survivor'' means

      (a) a person who was married

        (i) to a Lieutenant Governor or former Lieutenant Governor immediately before the death of the Lieutenant Governor or former Lieutenant Governor, and

        (ii) in the case of a former Lieutenant Governor, to him or her immediately before the time when he or she ceased to be a Lieutenant Governor; or

      (b) a person who establishes that the person was cohabiting in a relationship of a conjugal nature

        (i) with a Lieutenant Governor or former Lieutenant Governor for at least one year immediately before the death of the Lieutenant Governor or former Lieutenant Governor, and

        (ii) in the case of a former Lieutenant Governor, with him or her immediately before he or she ceased to be a Lieutenant Governor.

171. The portion of subsection 3(5) of the Act before paragraph (a) is replaced by the following:

Interest on payment and amount of contributions

(5) When , at any time after December 31, 1975, a contributor or his or her survivor, estate or succession 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

172. Subsection 5(4) of the Act is replaced by the following:

When sections 3, 4, 7, 8 and 8.1 do not apply

(4) Sections 3 and 4 do not apply to a Lieutenant Governor who has made an election under this section and sections 7, 8 and 8.1 do not apply to the survivor of a Lieutenant Governor who has made an election under this section.

173. Subsection 6(1) of the Act is replaced by the following:

Diversion to satisfy financial support order

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

174. The heading before section 7 and sections 7 to 9 of the Act are replaced by the following:

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