Bill C-23

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1996, c. 23	EMPLOYMENT INSURANCE ACT
	*106. Subsection 2(1) of the Employment Insurance Act* is amended by adding the following in alphabetical order:**
``common-la w partner'' « conjoint de fait »	``common-law partner'', in relation to a claimant, means a person who is cohabiting with the claimant in a conjugal relationship, having so cohabited for a period of at least one year;
	107. (1) Subsections 23(1) and (2) of the Act are replaced by the following:
Parental benefits	23. (1) Notwithstanding section 18, but subject to this section, benefits are payable to a major attachment claimant to care for
	(a) one or more new-born children of the claimant;
	(b) one or more children placed with the claimant for the purpose of adoption under the laws governing adoption in the province in which the claimant resides; or
	(c) one or more children if the claimant meets the requirements set out in the regulations made under paragraph 54(f.1).
Weeks for which benefits may be paid	(2) Subject to section 12, benefits under this section are payable for each week of unemployment in the period that begins with the week in which
	(a) the child or children of the claimant are born,
	(b) the child or children are actually placed with the claimant for the purpose of adoption, or
	(c) the claimant first meets the requirements set out in the regulations made under paragraph 54(f.1)
	and ends 52 weeks after that week.
	(2) Subsection 23(4) of the Act is replaced by the following:
Division of weeks of benefits	(4) If two major attachment claimants are caring for a child referred to in subsection (1), weeks of benefits payable under this section may be divided between the major attachment claimants.
	(3) Section 23 of the Act is amended by adding the following after subsection (4):
Interpreta- tion	(5) Subsections 12(3) to (8) and subparagraph 58(1)(b)(ii) shall be read as including the situation where a claimant is caring for one or more children and meets the requirements set out in the regulations made under paragraph 54(f.1).
	108. Subparagraph 29(c)(ii) of the Act is replaced by the following:
	(ii) obligation to accompany a spouse, common-law partner or dependent child to another residence,
	109. Section 54 of the Act is amended by adding the following after paragraph (f):
	(f.1) for the purposes of paragraphs 23(1)(c) and (2)(c) and subsection 23(5), respecting the following requirements, subject to consulting the governments of the provinces:
	(i) the circumstances in which the claimant must be caring for the child or children,
	(ii) the criteria that the claimant must meet,
	(iii) the conditions that the claimant must fulfil, and
	(iv) any matter that the Commission considers necessary for the purpose of carrying out the provisions of section 23;
R.S., c. E-13	ESCHEATS ACT
	*110. The portion of section 5 of the Escheats Act* before paragraph (a) is replaced by the following:**
Time for bringing action for recovery of property	5. No action shall be brought or maintained against Her Majesty the Queen in right of Canada, the Attorney General of Canada or any minister or officer of Her Majesty in right of Canada to recover
R.S., c. E-15	EXCISE TAX ACT
	Amendments
1990, c. 45, s. 12(1)	*111. (1) The definition ``former spouse'' in subsection 123(1) of the Excise Tax Act* is repealed.**
	(2) Subsection 123(1) of the Act is amended by adding the following in alphabetical order:
``common-la w partner'' « conjoint de fait »	``common-law partner'' of an individual at any time means a person who is the common-law partner of the individual at that time for the purposes of the Income Tax Act;
1993, c. 27, s. 134(2)	112. Subsection 325(4) of the Act is replaced by the following:
Transfers to spouse or common-law partner	(4) Despite subsection (1), if at any time an individual transfers property to the individual's spouse or common-law partner under a decree, order or judgment of a competent tribunal or under a written separation agreement and, at that time, the individual and the individual's spouse or common-law partner were separated and living apart as a result of the breakdown of their marriage or common-law partnership (as defined in subsection 248(1) of the Income Tax Act), for the purposes of paragraph (1)(d), the fair market value at that time of the property so transferred is deemed to be nil, but nothing in this subsection limits the liability of the individual under any provision of this Part.
	113. The Act is amended as set out in Schedule 1.
	Transitional Provision
	114. Despite subsections 298(1) and (2) of the Excise Tax Act, the Minister of National Revenue may at any time make any assessment or reassessment of any amount under Part IX of that Act the determination of which would be affected by an election made under section 144 of this Act.
R.S., c. 4 (2nd Supp.)	FAMILY ORDERS AND AGREEMENTS ENFORCEMENT ASSISTANCE ACT
	*115. The long title of the Family Orders and Agreements Enforcement Assistance Act* is replaced by the following:**
	***An Act to provide for the release of information that may assist in locating persons in default and other persons and to permit, for the enforcement of support orders and support provisions, the garnishment and attachment of certain moneys payable by Her Majesty in right of Canada
1995, c. 39	FIREARMS ACT
	*116. Subsection 2(1) of the Firearms 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''	117. Subsection 12(7) of the Act is amended by replacing ``spouse'' with ``spouse or common-law partner''.
Replacement of terminology	118. Subsection 55(2) of the Act is amended by replacing ``spouse'' and ``former spouse'' with ``spouse or common-law partner'' and ``former spouse or former common-law partner'', respectively.
1991, c. 41	FOREIGN MISSIONS AND INTERNATIONAL ORGANIZATIONS ACT
	*119. The Foreign Missions and International Organizations Act* is amended by adding the following after section 12:**
Regulations	13. (1) The Governor in Council may make such regulations as are necessary for the purpose of clarifying, in relation to section 5, the application of provisions of the Convention on the Privileges and Immunities of the United Nations.
Application of regulations	(2) For greater certainty, regulations made under subsection (1) apply in respect of orders made under section 5 whether made before or after the coming into force of this section.
R.S., c. G-2	GARNISHMENT, ATTACHMENT AND PENSION DIVERSION ACT
1997, c. 1, s. 32(1)	*120. Paragraph (a) of the definition ``recipient'' in subsection 32(1) of the Garnishment, Attachment and Pension Diversion Act* is replaced by the following:**
	(a) in respect of a pension benefit referred to in any of paragraphs (a) to (g) of the definition ``pension benefit'', a child or other person to whom the pension benefit is immediately payable, but does not include a child or other person whose entitlement to the pension benefit is based on his or her status as a survivor of the person who was originally entitled to the pension benefit or would have been entitled to it had death not intervened, or
	121. Subparagraph 33(1)(a)(i) of the Act is replaced by the following:
	(i) made a financial support order requiring a person to pay an amount to a child or other person, or
R.S.C. 1970, c. G-6	GOVERNMENT ANNUITIES ACT
	*122. Section 2 of the Government Annuities 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;
	123. (1) The portion of subsection 8(3) of the Act before paragraph (a) is replaced by the following:
Conversion	(3) When a person who has purchased an annuity payable to themself applies to have a portion thereof converted into an annuity payable to their spouse or common-law partner, the Minister may make such a conversion, if
	(2) Paragraph 8(3)(b) of the Act is replaced by the following:
	(b) the annuity so made payable to the spouse or common-law partner does not exceed one-half of the person's annuity, and
R.S., c. G-4	GOVERNMENT CORPORATIONS OPERATION ACT
	*124. Subsection 5(1) of the Government Corporations Operation Act* is replaced by the following:**
Pension or superannua- tion	5. (1) The Public Service Superannuation Act does not apply to officers and employees employed by a corporation but each corporation may, with the approval of the Governor in Council, establish and support a pension fund, a group insurance plan or other pension or superannuation arrangements for the benefit of officers and employees employed by the corporation and their dependants, including their spouse, common-law partner and children, any other relative of the officer or employee, and any child or other relative of the spouse or common-law partner of the officer or employee. A corporation may, with the approval of the Governor in Council, continue any such fund, plan or arrangement, established by the corporation, that existed on July 26, 1946.
Definition of ``common-la w partner''	(1.1) In subsection (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. G-5	GOVERNMENT EMPLOYEES COMPENSATION ACT
	*125. Section 2 of the Government Employees Compensation Act* is amended by adding the following in alphabetical order:**
``common-la w partner'' « conjoint de fait »	``common-law partner'', in relation to an employee, means a person who was, immediately before the employee's death, cohabiting with the employee in a conjugal relationship, having so cohabited for a period of at least one year;
``dependant'' « personne à charge »	``dependant'', in relation to an employee, includes
	(a) a common-law partner of the employee, and
	(b) a person who was cohabiting with the employee immediately before the employee's death and is a parent of the employee's child;
	126. Section 10 of the Act is replaced by the following:
Parent, etc., may elect	10. In the case of a child, the parent, or a person who stands in the place of a parent, may make an election under section 9 for that child.