Copyright (

c) Queen's Printer,

Victoria, British Columbia, Canada

License

Disclaimer

1998/99 Legislative Session: 3rd Session, 36th Parliament

FIRST READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

HONOURABLE UJJAL DOSANJH

ATTORNEY GENERAL AND MINISTER RESPONSIBLE FOR

MULTICULTURALISM, HUMAN RIGHTS AND IMMIGRATION

BILL 100 – 1999

DEFINITION OF SPOUSE AMENDMENT ACT, 1999

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the

Province of British Columbia, enacts as follows:

Cemetery and Funeral Services Act

Section 51 of the Cemetery and Funeral Services Act, R.S.B.C. 1996, c. 45, is

amended

(

a) in subsection (1) by adding "or cremated remains"

after "human remains" , and

(

b) by repealing subsection (1) (

b) and substituting the following:

(

b) if living with the deceased at the time of death, the spouse

of the deceased or a common law spouse as defined in the Estate Administration Act ; .

Section 59 is amended

(

a) by renumbering the

section as

section 59 (1),

(

b) in subsection (1) (

a) by striking out "husband or wife"

and substituting "a spouse" , and

(

c) by adding the following subsection:

(2) In subsection (1) (a), "spouse" includes a

common law spouse as defined in the Estate Administration Act .

Coroners Act

Section 17 of the Coroners Act, R.S.B.C. 1996, c. 72, is amended by adding the

following subsection:

(4) For the purposes of subsection (3), "spouse"

includes a common law spouse as defined in the Estate Administration Act .

Estate Administration Act

Section 1 of the Estate Administration Act, R.S.B.C. 1996, c. 122, is amended

(

a) in the definition of "common law spouse" by repealing

paragraph (

b) and substituting the following:

(

b) a person who has lived and cohabited with another person, for

a period of at least 2 years immediately before the other person's death, in a

marriage-like relationship, including a marriage-like relationship between persons of the

same gender; , and

(

b) by adding the following definition:

"spouse" includes a common law spouse; .

Section 6 (1) (

a) and (

c) is amended by striking out "widow or

widower" and substituting "surviving spouse" .

Section 11 (2) is amended by adding "spouse," after "creditor," .

Section 39 (1) is amended by adding "spouse," after "creditor," .

Section 41 (1) is amended by adding "the surviving spouse,"

after "if" .

Part 8 is repealed.

10 The following

section is added:

Spousal share if 2 or more persons are entitled as spouse

85.1 For the purposes of

section 85, if 2 or more persons

are entitled as a spouse they share the spousal share in the estate in the portions

determined by the court as the court considers just.

11 Sections 121 and 122 are amended by striking out "widow or

widower" and substituting "surviving spouse" .

Section 123 is repealed and the following substituted:

Evidence of entitlement

123 The surviving spouse is entitled to those wages

referred to in

section 121 on production of an affidavit, sworn before a person authorized

under the Evidence Act to administer an oath, stating that the person claiming to

be the surviving spouse of the deceased worker is in fact the only person entitled to

claim as a surviving spouse.

Section 124 is repealed.

Section 125 is amended by striking out "widow, widower or common

law spouse" and substituting "surviving spouse" .

15 The following

section is added:

Application to court to determine competing claims

126 If 2 or more persons claim to be the surviving spouse

entitled to the wages of a deceased worker, the court may order that the wages be paid to

one or more of them in the amounts the court considers just.

Family Compensation Act

Section 1 of the Family Compensation Act, R.S.B.C. 1996, c. 126, is amended

(

a) by adding the following definition:

"common law spouse" has the same meaning as in

the Estate Administration Act ; ,

(

b) in the definition of "spouse" by repealing paragraph (

b) and

substituting the following:

(

b) the common law spouse of the deceased who lived with the

deceased for a period of at least 2 years ending no earlier than one year before the death

of the deceased; , and

(

c) in the definition of "stepparent" by striking out "husband

or wife" and substituting "spouse" .

Wills Variation Act

Section 1 of the Wills Variation Act, R.S.B.C. 1996, c. 490, is amended by

adding the following definition:

"spouse" includes a common law spouse as

defined in the Estate Administration Act .

18 Sections 2, 3 (1) (c), 5 (1) (

b) and 7 are amended by striking out "wife,

husband" wherever it appears and substituting "spouse" .

Commencement

19 This Act comes into force by regulation of the

Lieutenant Governor in Council.

Explanatory Notes

Cemetery and Funeral Services Act

SECTION 1: [Cemetery and Funeral Services Act, amends

section 51 (1)]

adds a reference to "cremated remains" and repeals and replaces paragraph (

b) to

include a common law spouse as defined in the Estate Administration Act.

SECTION 2: [Cemetery and Funeral Services Act, amends

section 59]

substitutes "spouse" for "husband or wife" and defines "spouse" to include a

common law spouse as defined in the Estate Administration Act

Coroners Act

SECTION 3: [Coroners Act, adds

section 17 (4)] defines "spouse"

to include a common law spouse as defined in the Estate Administration Act .

Estate Administration Act

SECTION 4: [Estate Administration Act, amends

section 1] amends the

definition of "common law spouse" to include persons in a marriage-like

relationship, including a marriage-like relationship between persons of the same gender,

and amends the definition of "spouse" to include a common law spouse.

SECTION 5: [Estate Administration Act, amends

section 6 (1) (

a) and (c)]

replaces references to "widow or widower" with "surviving spouse".

SECTION 6: [Estate Administration Act, amends

section 11 (2)] adds the

spouse of the deceased to the list of persons who may apply under the subsection.

SECTION 7: [Estate Administration Act, amends

section 39 (1)] adds the

spouse of the deceased to the list of persons who may apply under the subsection.

SECTION 8: [Estate Administration Act, amends

section 41 (1)] adds a

reference to the surviving spouse of the deceased to the list of persons in the

subsection.

SECTION 9: [Estate Administration Act, repeals

Part 8] repeals

Part 8.

SECTION 10: [Estate Administration Act, enacts

section 85.1] limits the

entitlement of competing spouses to sharing in the spousal share and provides a discretion

in the court to apportion the spousal share among competing spouses as the court considers

just.

SECTION 11: [Estate Administration Act, amends sections 121 and 122]

replaces references to "widow or widower" with "surviving spouse".

SECTION 12: [Estate Administration Act, re-enacts

section 123] replaces

references to "widow or widower" with "surviving spouse" and amends

the

section consequential to the repeal of

section 124 of the Act by this Bill.

SECTION 13: [Estate Administration Act, repeals

section 124] repeals the

section.

SECTION 14: [Estate Administration Act, amends

section 125] replaces the

reference to "widow, widower or common law spouse" with "surviving

spouse".

SECTION 15: [Estate Administration Act, enacts

section 126] provides a

discretion in the court to resolve disputes among competing spouses over a deceased

worker's wages.

Family Compensation Act

SECTION 16: [Family Compensation Act, amends

section 1] adopts the

definition of "common law spouse" in the Estate Administration Act,

amends the definition of "spouse" to include a common law spouse and makes a

consequential change to the definition of "stepparent".

Wills Variation Act

SECTION 17: [Wills Variation Act, amends

section 1] adds a definition

of "spouse" that includes a common law spouse as defined in the Estate Administration

Act .

SECTION 18: [Wills Variation Act, amends sections 2, 3 (1) (c), 5 (1) (

b) and 7]

is consequential to the new definition of "spouse".

Copyright © 1999: Queen's Printer, Victoria, British Columbia, Canada