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Bill C-23

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R.S., c. 30 (2nd Supp.), s. 42

57. Paragraph 76(1)(d) of the Act is replaced by the following:

    (d) the child is adopted legally or in fact by someone other than the disabled contributor or the disabled contributor's spouse or common-law partner , unless the disabled contributor is maintaining the child, as defined by regulation; or

R.S., c. 30 (2nd Supp.), s. 44

58. Paragraph 80(1)(c) of the Act is replaced by the following:

    (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 or common-law partner of a contributor;

1991, c. 44, s. 20; 1995, c. 33, s. 34

59. (1) Section 81 of the Act is replaced by the following:

Appeal to Minister

81. (1) Where

    (a) a spouse, former spouse, common-law partner, former common-law partner 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 or common-law partner is dissatisfied with any decision made under section 65.1,

the dissatisfied party or, subject to the regulations, any person on behalf thereof may, within ninety days after the day on which the dissatisfied party was 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.

Reconsidera-
tion by Minister and decision

(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 party who made the request under subsection (1) of the Minister's decision and of the reasons therefor.

(2) Subsection 81(2) of the Act, as enacted by section 84 of the Canada Pension Plan Investment Board Act, chapter 40 of the Statutes of Canada, 1997, is replaced by the following:

Reconsidera-
tion by Minister and decision

(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 party who made the request under subsection (1) or (1.1) of the Minister's decision and of the reasons for it.

1997, c. 40, s. 85

60. Subsection 82(1) of the Act is replaced by the following:

Appeal to Review Tribunal

82. (1) A party 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 party was notified in the prescribed manner of the decision or the person was notified in writing of the Minister's decision and of the reasons for it.

1995, c. 33, s. 36(1)

61. Subsection 83(1) of the Act is replaced by the following:

Appeal to Pension Appeals Board

83. (1) A party 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 was communicated to the party 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.

R.S., c. 30 (2nd Supp.), s. 47

62. Section 87 of the Act is replaced by the following:

Census information

87. Subject to such conditions as may be prescribed, for the purpose of ascertaining the age of any applicant or beneficiary, or of an applicant's or a beneficiary's spouse or common-law partner or former spouse or former common-law partner , the Minister is entitled 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.

R.S., c. 30 (2nd Supp.), s. 48

63. Subsection 88(1) of the Act is replaced by the following:

Presumption as to death

88. (1) Where a contributor or beneficiary, or a contributor's or beneficiary's spouse or common-law partner or former spouse or former common-law partner, 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 person 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.

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

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

    (a) subparagraph 44(1)(d)(ii);

    (b) subsection 58(1);

    (c) subsections 58(2) and (3);

    (d) subsections 58(5) and (6);

    (e) subsection 58(6.2);

    (f) paragraph 58(8)(b);

    (g) paragraph 58(8.1)(b);

    (h) subsection 58(9);

    (i) subsection 63(7);

    (j) subsection 72(1);

    (k) paragraph 82(10)(a); and

    (l) paragraph 83(10)(a).

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

65. 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 63(1); and

    (b) subsections 63(3) and (4).

R.S., c. C-17

CANADIAN FORCES SUPERANNUATION ACT

1992, c. 46, s. 42

66. Section 25.1 of the Canadian Forces Superannuation Act is replaced by the following:

Election for contributors

25.1 (1) If the person to whom a contributor is married or with whom the contributor is cohabiting in a relationship of a conjugal nature, having so cohabited for a period of at least one year , 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 elect, in accordance with the regulations, to reduce the amount of the annuity to which the contributor is entitled in order that the person could become entitled to an immediate annual allowance under subsection (2 ).

Payment

(2 ) A person referred to in subsection (1) is entitled to an immediate annual allowance in an amount determined in accordance with the election and the regulations if the contributor dies and the election is not revoked or deemed to have been revoked, and the person was married to the contributor at the time of the contributor's death, or was cohabiting with the contributor in a relationship of a conjugal nature for a period of at least one year immediately before the contributor's death.

No entitlement

(3) A person who is entitled to receive an annual allowance under section 29 after the contributor's death is not entitled to an immediate annual allowance under subsection (2) in respect of that contributor.

1992, c. 46, s. 45

67. (1) Subsection 36(1) of the Act is replaced by the following:

Diversion of payments to satisfy financial support order

36. (1) When any court in Canada of competent jurisdiction has made an order requiring a recipient to pay financial support, amounts payable to the recipient under this Part or Part III 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.

1999, c. 34, s. 141

(2) Subsection 36(4) of the Act is repealed.

1992, c. 46, s. 49

68. Paragraphs 50.1(1)(e) to (g) of the Act are replaced by the following:

    (e) respecting the election that may be made under section 25.1, including regulations respecting

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

      (ii) the reduction to be made in the amount of an annuity when an election is made ,

      (iii) the amount of the immediate annual allowance to be paid under subsection 25.1(2), and

      (iv) any other matter that the Governor in Council considers necessary for carrying out the purposes and provisions of section 25.1;

1997, c. 31

CANADIAN PEACEKEEPING SERVICE MEDAL ACT

69. Section 8 of the Canadian Peacekeeping Service Medal Act is amended by striking out the word ``and'' at the end of paragraph (a), by adding the word ``and'' at the end of paragraph (b) and by adding the following after paragraph (b):

    (c) prescribing persons who may be considered as next of kin.

R.S., c. C-24

CANADIAN WHEAT BOARD ACT

1998, c. 17, par. 27(a), s. 28(E)

70. Subsection 10(1) of the Canadian Wheat Board Act is replaced by the following:

Pension fund

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, including their spouse, common-law partner and children, any other relative of the director, officer, clerk or employee, and any child or other relative of the spouse or common-law partner of the director, officer, clerk or employee. The Corporation may contribute to the pension fund out of funds of the Corporation.

1998, c. 17, par. 27(b), s. 28(E)

71. Subsection 11(1) of the Act is replaced by the following:

Group insurance plans

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, including their spouse, common-law partner and children, any other relative of the director, officer, clerk or employee, and any child or other relative of the spouse or common-law partner of the director, officer, clerk or employee.

72. The Act is amended by adding the following after section 11:

Definition of ``common-la w partner''

12. In subsections 10(1) and 11(1), ``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.

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).

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