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Bill C-23

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(2) Subsection 22(6) of the Act is replaced by the following:

Reinstate-
ment of supplement

(6) Where, by reason of the amount of the monthly joint income, the aggregate of the amount of allowance payable to a pensioner's spouse or common-law partner 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 allowance payable to that pensioner's spouse or common-law partner for that month.

199. Paragraph 23(2)(b) of the English version of the Act is replaced by the following:

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

1995, c. 33, s. 15

200. Subsection 26(1) of the Act is replaced by the following:

Application of Part II

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

201. The heading before section 29 of the Act is replaced by the following:

Death

R.S., c. 34 (1st Supp.), s. 8(1)

202. Subsections 30(1) and (2) of the Act are replaced by the following:

Retroactive application by survivor

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

Treated as joint application

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

203. The Act is amended by adding the following before section 32:

Erroneous Advice or Administrative Error

204. (1) Paragraph 34(g) of the Act is replaced by the following:

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

(2) Paragraph 34(l) of the Act is replaced by the following:

    (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(4.1) and (6.1) ;

205. Subsection 39(1) of the Act is replaced by the following:

Payment of provincial benefit

39. (1) Where a province provides benefits similar to or as a supplement to benefits payable under this Act for a pensioner or a pensioner's spouse or common-law partner 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 a pensioner's spouse or common-law partner 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.

Replacement of ``family'' with ``joint''

206. The Act is amended by replacing ``family'' with ``joint'' in the following provisions:

    (a) the definitions ``monthly family income'' and ``residual family income'' in subsection 22(1);

    (b) the description of D in subsection 22(2); and

    (c) subsection 22(3).

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

207. (1) The Act is amended by replacing ``spouse'', ``spouses'' and ``spouse's'', except in the expression ``spouse's allowance'', with ``spouse or common-law partner'', ``spouses or common-law partners'' and ``spouse's or common-law partner's'', respectively, in the following provisions:

    (a) paragraph 12(1)(b);

    (b) subsections 12(5.1) and (6);

    (c) paragraph 14(1.1)(b);

    (d) subsections 14(2) to (7);

    (e) section 15, except

      (i) the portion of subsection (2) before paragraph (a), and

      (ii) subsections (4.1), (6.1) and (7.1);

    (f) section 19, except subsections (1) and (5) and paragraph (6)(e);

    (g) subsection 21(12);

    (h) the definitions ``monthly joint income'' and ``residual joint income'' in subsection 22(1);

    (i) subsection 22(3);

    (j) subsection 22(5);

    (k) subsection 28(2);

    (l) paragraphs 33.11(a) and (b);

    (m) paragraph 34(d); and

    (n) paragraph 34(k).

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

(2) The English version of the Act is amended by replacing ``spouse'' with ``spouse or common-law partner'' in subsection 22(2).

Replacement of ``conjoint'' with ``époux''

(3) The French version of the Act is amended by replacing ``conjoint'' with ``époux'', with any grammatical changes that the circumstances require, in the following provisions:

    (a) subsection 15(4.1); and

    (b) subsection 15(7.1).

Replacement of ``widow'' with ``survivor''

208. (1) The Act is amended by replacing ``widow'' with ``survivor'' in the following provisions:

    (a) subsections 21(1) and (2);

    (b) subsection 21(4);

    (c) subsections 21(5.1) to (6);

    (d) subsections 21(8) to (10);

    (e) the definitions ``monthly income'', ``residual income of the widow'' and ``supplement equivalent for the widow'' in subsection 22(1); and

    (f) subsection 22(4).

Terminology

(2) The English version of the Act is amended by

    (a) replacing ``her'' with ``their'' in paragraphs 21(1)(b) and 21(2)(a) and in the definition ``monthly income'' in subsection 22(1);

    (b) replacing ``she'' with ``they'' in paragraphs 21(2)(a), 21(2)(b) and 21(9)(b);

    (c) replacing ``is'' with ``are'' in paragraph 21(2)(a), except in the expression ``is approved'';

    (d) replacing ``was'' with ``were'' in paragraph 21(2)(b); and

    (e) replacing ``herself'' with ``themself'' in paragraph 21(9)(b).

Replacement of ``spouse's allowance'' with ``allowance''

209. The English version of the Act is amended by replacing ``spouse's allowance'' with ``allowance'', with any grammatical changes that the circumstances require, in the following provisions:

    (a) the definitions ``benefit'' and ``specially qualified individual'' in section 2;

    (b) subsection 5(2);

    (c) subsection 11(3);

    (d) subsection 19(2);

    (e) subsections 19(4) to (4.3);

    (f) subsection 19(6);

    (g) subsection 19(7);

    (h) section 20;

    (i) subsections 21(1) and (2);

    (j) subsection 21(4);

    (k) subsections 21(5.1) to (9);

    (l) subsection 21(10);

    (m) subsection 21(12);

    (n) the definition ``current payment period'' in subsection 22(1);

    (o) subsections 22(3) to (5);

    (p) sections 23 to 25;

    (q) subsection 30(3); and

    (r) paragraph 34(i).

R.S., c. P-1

PARLIAMENT OF CANADA ACT

210. (1) Section 40 of the Parliament of Canada Act is renumbered as subsection 40(1).

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

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

(3) Section 40 of the Act is amended by adding the following after subsection (1):

Definition of ``common-la w partnership''

(2) For the purposes of this section, persons are in a common-law partnership if they cohabit together in a conjugal relationship, having so cohabited for a period of at least one year.

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