From: PMDAtropos Date: Mon, 6 Jun 1994 15:09:05 -0400 [ Send replies to wilsond@bosshog.arts.uwo.ca ONLY. I may not be able to forward mis-replied messages ] Yesterday and today the Ontario Legislature has been debating the same sex equity bill (Bill 167). A vote on second reading is expected today or early next week. Reports in the Toronto Star and Globe and Mail suggest that the NDP may ammend the legislation so that at least part of the Bill will pass. The Star reported that the major ammendment will be the definition of the word "spouse" which under the unammended Bill would change to include a "partner of either sex." Please, Canadians, keep pressure up on those MPPs. If the legislation passes second reading we will still have to work towards the third and final vote. The following text of the legislation is forwaded from can.motss with the permission of Timothy Ross Wilson. --Dan. The following is a rough scan of the draft bill (without the schedule). The compendium is a commentary of the 5-clause bill. BILL 167 1994 An Act to amend Ontario Statutes to provide for the equal treatment of persons in spousal relationships CONTENTS Section 1. Human Rights Code Amendments 2. Interpretation Act Amendments 3. Amendments to other Acts 4. Commencement 5. Short Title Schedule Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: HUMAN RIGHTS CODE AMENDMENTS 1. (1) Subsection 2 (2) of the Human Rights Code is amended by inserting after "creed" in the sixth line "sexual orientation". (2) Subsection 5(2) of the Code is amended by inserting after "creed" in the sixth line "sexual orientation". (3) The definitions of "marital status" and "spouse" in subsection 10(1) of the Code are repealed and the following substituted: "marital status" means the status of being married, single, widowed, divorced or separated and includes the status of living with a person of either sex in a conjugal relationship outside marriage; ("etat matrimonial") "spouse" means the person to whom a person is married or a person of either sex with whom the person is living in a conjugal relationship outside marriage. ("conjoint") INTERPRETATION ACT 2. The Interpretation Act is amended by adding the following section: Spousal relationship 32. (1) For the purposes of every Act and regulation, unless otherwise provided in the Act or regulation, two persons are members of the same family and shall be considered to be each other's next-of-kin if they are each other's spouse. Same (2) In every Act and regulation, unless otherwise provided in the Act or regulation, "marital status" means the status of being married, single, widowed, divorced or separated and includes the status of living with a person of either sex in a conjugal relationship outside marriage; ("etat matrimonial") "spouse" means the person to whom a person is married or a person of either sex with whom the person is living in a conjugal relationship outside marriage. ("conjoint") Same (3) Clauses 1(1) (a), (b) and (c) do not apply to this section. AMENDMENTS TO OTHER ACTS Other amendments 3. The Acts named in the Schedule are amended as set out in the Schedule. COMMENCEMENT, SHORT TITLE Commencement 4. Except as provided in the Schedule, this Act cones into force on the day it receives Royal Assent. Short title 5. The short title of this Act is the Equality Rights Statute Law Amendment Act, 1994. COMPENDIUM Equality Rights Statute Law Amendment Act, 1994 An act to amend Ontario Statutes to provide for the equal treatment of persons in spousal relationships INTRODUCTION This Bill amends Ontario statutes to give cohabiting same sex couples the same statutory rights and obligations as opposite sex cohabiting couples. The Bill is intended to end statutory discrimination against same sex couples and bring Ontario laws into line with the equality provisions of the Charter of Rights. New Definition of "Spouse" Existing definitions of "cohabiting spouse" in Ontario statutes include only couples of the opposite sex who are cohabiting outside marriage in a conjugal relationship. The Bill amends these definitions to include couples of either sex who are cohabiting in a conjugal relationship outside marriage. The Bill continues to recognize married couples as "spouses" in all statutes and does not affect statutory rights and obligations which apply only to married couples. For example, married couples have special rights to share family property on marriage breakdown and to inherit property on the death of a spouse. The Bill does not extend these rights to unmarried couples. The Bill also does not deal with the issue of whether same sex couples should be permitted to marry. This is a matter which is the exclusive responsibility of the federal government. Ontario statutes now contain a number of different definitions of "spouse". A summary of the existing and revised definitions of spouse is found in Appendix 1. Scope of the Bill The new definitions of spouse will apply to all Ontario statutes which provide rights for, or impose obligations on, cohabiting spouses. These statutes cover a broad range of matters including employment benefits, family support obligations, regulation of financial conflict of interest, rights to make substitute decisions for an incapable spouse, and rights to share a family name. A summary of the statutes affected by the Bill is found in Appendix 2. p. 2 CONTENTS Section 1 Human Rights Code Amendments Subsections 2(2) and 5(2) of the Human Rights Code are amended to include sexual orientation as a ground of harassment in relation to accommodation and employment. The Code already includes sexual orientation as a prohibited ground of discrimination. This amendment will ensure that protection against harassment on the basis of sexual orientation is prohibited by the Code. Subsection 10(1) of the Code is amended to provide new definitions of "spouse" and "marital status" which include couples of the same sex. This change will make it a violation of the Code to treat same sex spouses differently from opposite sex spouses in relation to the provision of employment, services, goods, facilities, accommodation or contracts. The code applies to both the public and the private sectors. These amendments will ensure that equal treatment of same sex couples is recognized as a basic human rights principle in Ontario. In addition, because the Code has primacy over all Ontario statutes dealing with employment, services, goods, facilities, accommodation and contracts, the new definitions of "spouse" and "marital status" will override inconsistent definitions of these terms in other statutes. However, the new definitions will have no effect on statutes which are not covered by the Code. Section 2 Interpretation Act Amendments Section 2 of the Bill amends the Interpretation Act to provide new provisions which state that all "spouses" are to be considered members of the same family and next-of-kin. The Interpretation Act is also amended to include definitions of "spouse" and "marital status" which are the same as the amended definitions of these terms in the Human Rights Code. The Interpretation Act's provisions apply to all Ontario statutes unless they are inconsistent with the particular provisions of a statute. These changes will therefore ensure that any statute which refers to family, next-of-kin, spouse or marital status, but does not define these terms, will be interpreted to include same sex couples. These amendments to the Interpretation Act will only affect statutes which do not have specific definitions of "spouse"; they will not affect statutes which have definitions which are different from those in the Interpretation Act. p. 3 Section 3 Amendments to other Acts Definitions of "Spouse" Section 3 of the Bill amends about 50 other statutes which provide rights for, or impose obligations on, cohabiting couples. These statutes are set out in the Schedule. All of these Acts now define "spouse" to exclude same sex couples. In all cases, the amendments have the effect of including same sex couples in the definition of "spouse". In some cases, the existing definition of "spouse" is simply repealed so that the new definitions in the Human Rights Code and the Interpretation Act apply. In other cases, a slightly different definition of "spouse" is retained in the statute, but that definition is amended to include same sex couples. For example, the support provisions of the Family Law Act are amended to impose support obligations on same sex spouses. However, the existing definition of "spouse" (which includes a requirement of three years cohabitation not found in the Code or Interpretation Act definitions) is not otherwise changed. Short-Form Domestic Contracts and Wills The Family Law Act is amended to provide a "short form" domestic contract and the Succession Law Reform Act is amended to provide a "short form" will. These provisions will make it easier for both opposite sex and same sex cohabiting spouses to "contract into" the property-sharing and inheritance rules which apply to married spouses. Married spouses will continue to have these rights without having to enter into a contract or write a will. Disclosure Rules under Conflict of Interest Laws The Members' Conflict of Interest Act and the Municipal Conflict of Interest Act require public officials to disclose the financial interests of their "spouses". In order to address privacy concerns which may arise if members are required to disclose the existence of a same sex spouse, the Acts are amended to require disclosure by all "household members". These amendments will not weaken the conflict rules, but will address privacy concerns. p. 4 Minor and Technical Amendments Minor and technical changes are made to the statutory language in some statutes to bring them into line with the new definitions of "spouse" (e.g. "surviving spouse" replaces "widow and widower", "family home" replaces "matrimonial home" and "parental agreement" replaces "paternity agreement" Section 4 Commencement Unless otherwise specified, the Act comes into force on Royal Assent. The amended definitions of "spouse" which relate to pension benefits will come into force on a day to be named by proclamation. Requiring all pension plans to extend spousal survivor benefits to same sex spouses immediately could create expense and administrative difficulties for employers, given the existing provisions of the Income Tax Act (Canada). Because the federal government's tax rules do not permit pension plans which provide benefits for same sex spouses to be registered for tax purposes, same sex survivor pensions cannot be provided within existing plans. The proposed amendments to pension provisions will come into force when the federal rules are changed, or struck down by the courts as contrary to the Charter of Rights. A change to the Employment Standards Act requiring all employers to provide opposite sex and same sex couples with equal benefits is included in the Bill but will also take effect on proclamation for similar reasons. In the meantime, because federal laws are not as draconian in relation to these benefits as they are for survivor pension benefits, employers will be required to extend these benefits immediately through a change to the regulations under the Employment Standards Act. This regulation could be quickly changed if the federal government were to impose negative tax consequences on Ontario employers. Section 5 Short Title The short title of the Bill is the Equality Rights Statute Law Amendment Act, 1994. p. 5 APPENDIX 1 DEFINITIONS OF SPOUSE AND MARITAL STATUS 1. HUMAN RIGHTS CODE AND INTERPRETATION ACT DEFINITION The Interpretation Act does not now contain definitions of "marital status" or "spouse". The Human Rights Code now defines "spouse" and "marital status" as follows: - "spouse" means the person to whom a person is married or a person of the opposite sex with whom the person is living in a conjugal relationship outside marriage. "marital status" means the status of being married, single, widowed, divorced or separated and includes the status of living with a person of the opposite sex in a conjugal relationship outside marriage. New Code and Interpretation Act definitions of "spouse" and "marital status": "spouse" means the person to whom a person is married or a person of either sex with whom the person is living in a conjugal relationship outside marriage. "marital status" means the status of being married, single, widowed, divorced or separated and includes the status of living with a person of either sex in a conjugal relationship outside marriage. 2. ONE YEAR DEFINITION Some statutes use a definition of "cohabiting spouse" which requires a one year cohabitation period or the existence of a child or a domestic contract before a cohabiting couple are included: "spouse" means a person of the opposite sex (a) to whom the person is married, or (b) with whom the person is living in a conjugal relationship outside marriage, if the two persons, (i) have cohabited for at least a year, (ii) are together the parents of a child, or (iii) have together entered into a cohabitation agreement under section 53 of the Family Law Act. p. 5 APPENDIX 1 DEFINITIONS OF SPOUSE AND MARITAL STATUS 1. HUMAN RIGHTS CODE AND INTERPRETATION ACT DEFINITION The Interpretation Act does not now contain definitions of "marital status" or "spouse". The Human Rights Code now defines "spouse" and "marital status" as follows: - "spouse" means the person to whom a person is married or a person of the opposite sex with whom the person is living in a conjugal relationship outside marriage. "marital status" means the status of being married, single, widowed, divorced or separated and includes the status of living with a person of the opposite sex in a conjugal relationship outside marriage. New Code and Interpretation Act definitions of "spouse" and "marital status": "spouse" means the person to whom a person is married or a person of either sex with whom the person is living in a conjugal relationship outside marriage. "marital status" means the status of being married, single, widowed, divorced or separated and includes the status of living with a person of either sex in a conjugal relationship outside marriage. 2. ONE YEAR DEFINITION Some statutes use a definition of "cohabiting spouse" which requires a one year cohabitation period or the existence of a child or a domestic contract before a cohabiting couple are included: "spouse" means a person of the opposite sex (a) to whom the person is married, or (b) with whom the person is living in a conjugal relationship outside marriage, if the two persons, (i) have cohabited for at least a year, (ii) are together the parents of a child, or (iii) have together entered into a cohabitation agreement under section 53 of the Family Law Act. p. 6 New One Year definition or "spouse": "spouse" means (a) a person to whom the person is married, or (b) a person of either sex with whom the person is living in a conjugal relationship outside marriage, if the two persons, (i) have cohabited for at least a year, (ii) are together the parents of a child, or (iii) have together entered into a cohabitation agreement under section 53 of the Family Law Act. 3. FAMILY LAW ACT DEFINITION Some statutes use the same definition of "spouse" as in section 29 of the Family Law Act (which defines' "spouse" for purposes of family support rights and obligations): "spouse" means a spouse as defined in subsection 1(1) (married spouse) and in addition includes either of a man and a woman who are not married to each other and have cohabited, (a) continuously for a period of not less than three years, or (b) in a relationship of some permanence, if they are the natural or adoptive parents of a child. New Family Law Act definition of "spouse": "spouse" means a spouse as defined in subsection 1(1) (married spouse) and in addition includes either of two persons who are not married to each other and have cohabited, (a) continuously for a period of not less than three years, or (b) in a relationship of some permanence, if they are the natural or adoptive parents of a child. p. 7 APPENDIX 2 STATUTES AFFECTED* INDEX A. General Provisions p. 8 B. Family Support Obligations p. 9 C. Rights in Relation to Shared Property and Accommodation p. 11 D. Employment Benefits p. 14 E. Conflict of Interest p. 16 F. Rights to Government Benefits p. 18 G. Substitute Decisions p. 19 H. Other Personal Rights and Obligations p. 20 * This appendix lists all statutes affected by the amendments made in the Bill. Fifty-four statutes are directly amended and included in the Schedule; another eighteen are amended as a result of changes to the definitions of "spouse" in other statutes. The statutes which are indirectly amended by the Bill, but not included in the Schedule, are marked with an asterisk. p. 8 A. General Provisions 1. General Prohibition on Discrimination Against Same Sex Spouses The Bill amends the Human Rights Code to prohibit discrimination against same sex spouses: definitions of "spouse" and "marital status" are changed to include same sex couples. 2. Principles of Statutory Interpretation The Bill amends the Interpretation Act to ensure that same sex couples are recognized as spouses, and as members of the same family, whenever these terms are left undefined in Ontario statutes. New definitions of "spouse" and "marital status" are added to the Act which are the same as those in the Human Rights Code. p. 9 B. Family Support Obligations 1. Family Law Act The Bill amends the Family Law Act to impose the same support obligations on same sex spouses as are now imposed on opposite sex cohabiting couples. The definition of spouse for support purposes is amended to include couples of the same sex. The change to the definition of spouse will also permit same sex couples to enter into domestic contracts to govern their responsibilities for financial support while cohabiting and on separation. In addition, it will permit same sex couples to make claims for pecuniary loss on the death or injury of a spouse. To reflect these changes, the tern "paternity agreement" is replaced with "parental agreement" in all places where they appear. Consequential amendments are made to the Family Support Plan Act. 2. Other Statutes The following statutes, which recognize financial support obligations between spouses in other contexts, are also amended to include same sex couples in their definitions of "spouse": Execution Act: debts for maintenance payments to a spouse or former spouse prevail over other exemptions to execution Insurance Act: insurance money is exempt from seizure where the spouse of an insured person is designated as having an interest; a spouse is also included as a person insured under an automobile insurance contract and entitled to statutory benefits; spouses have an insurable interest in the life and well-being of their spouses Mental Health Act: the Public Trustee is committee of a psychiatric patient's estate and has a lien for spousal support payments against the patient's estate *Mental Hospitals Act: a spouse is liable for the maintenance of his or her spouse in an institution *Municipal Health Services Act: where a municipality passes a by-law establishing municipal health services and levies a personal tax on residents, a spouse is liable for the tax payable by his or her spouse Reciprocal Enforcement of Support Orders Act: spouses are competent and compellable witnesses against each other in proceedings to enforce support orders p. 10 Succession Law Reform Act: a spouse has the right to claim support from the estate of a deceased spouse Workers' Compensation Act: a spouse may be entitled to have worker's payments garnished for support or maintenance p. 11 C. Rights in Relation to Shared Property and Accommodation 1. Family Law Act: Sharing of Family Property on Separation The Bill does not amend the provisions of the Family Law Act which provide for equal sharing of family property by married spouses on marriage-breakdown. These rights will continue to apply "automatically" only to married couples. However, the Bill adds a new provision which will permit both opposite sex and same sex cohabiting couples to "contract into" the property sharing regime which applies to married couples. Cohabiting couples will be able to do this by filling out a short form cohabitation agreement to be prescribed by regulations. 2. Succession Law Reform Act: Inheritance Rights The Bill does not amend the provisions of the Succession Law Reform Act which provide married spouses with a right to inherit each other's property if they die without making a will. These rights will continue to be restricted to married couples. However, the Bill adds a new provision which will permit both same sex and opposite sex cohabiting couples to sign a short form will which will provide them with the same inheritance rights as married couples. The form will be prescribed by regulation. 3. Other Statutes Regulating Rights and Obligations in Relation to Property All of the following statutes provide cohabiting spouses with other kinds of rights in relation to property owned by a spouse, or recognize that spouses have common interests as a result of their shared residence or accommodation: a. Taxation *Assessment Act: the surviving spouse of an owner of farming land is entitled to a favourable tax assessment Municipal Elderly Residents' Assistance Act: a municipality may pass by-laws giving tax credits against realty taxes on a personal residence if the owner, or the owner's spouse, is over 65 years *Land Transfer Tax Act: one spouse may make the required affidavit on behalf of both spouses when land is transferred to both; a non-resident employer may have the land transfer tax reduced if land is being bought for an employee and his or her spouse p. 12 Municipal Act: the treasurer may levy unpaid taxes in relation to commercial premises by distress on any goods and chattels on the premises if title to the goods and chattels is claimed by a spouse of the person liable for the tax *Retail Sales Tax Act: spouses may transfer property to one another in certain circumstances without payment of retail sales tax b. Rights to vote *County of Simcoe Act: the spouses of owners or tenants served by a hydro commission can hold office as a hydro commissioner Education Act: the spouses of owners and tenants are entitled to vote in municipal elections Municipal Act: the spouses of owners and tenants are qualified to vote in municipal elections Municipal Elections Act: the spouse of a Roman Catholic separate school supporter is to be enumerated as a separate school supporter and the spouse of an owner or tenant of land is eligible to vote in municipal elections *Ottawa-Carleton French Language School Board: the spouse of a public or Catholic voter has the same classification as his or her spouse for purposes of Board elections c. Possession, Use and Control of Property Absentees Act: a spouse may apply to court for a declaration that his or her spouse is "absentee" and for management of his or her property Estates Act: where a person dies intestate, administration of the deceased's property may be granted to a spouse by the court Landlord and Tenant Act: the usual restrictions on distraint with respect to goods on non-residential premises do not apply where property is claimed by a spouse living on the premises; landlord may terminate lease if he or she requires possession of residential premises for occupation by his or her spouse Municipal Act: councils may pass by-laws prohibiting parking on private property except with the consent of the owner or the owner's spouse p. 13 Non-Resident Agricultural Land Interests Registration Act: the spouse of a member of the Canadian forces, ambassador, or other person performing services under an international development assistance program outside Canada shall be considered a "non- resident" person in relation to his or her interest in agricultural land *Mortgages Act: a person who buys a home may terminate the lease of a tenant if he or she requires the home for occupation by a spouse *Rent Control Act: the Act does not apply to living accommodation whose occupant is required to share a bathroom or kitchen facility with the owner or the owner's spouse *Rental Housing Protection Act: the conversion of rental property does not require the approval of municipal council if the conversion is for purposes of occupation by the owner's spouse *Toronto Islands Residential Community Stewardship Act, 1993: an owner can only transfer his or her interest in a house or vacant land to the Toronto Islands Residential Community Trusts Corporation, unless he or she transfers it to a spouse, child or joint tenant p. 14 D. Employment Benefits a. Pension Benefits A number of statutes permit or require survivor pension benefits to be provided to employees' spouses. These statutes are amended to ensure that employees with same sex spouses receive the same benefits as employees with opposite sex spouses. The definition of "spouse", in the Pension Benefits Act (for purposes of determining rights to spousal survivor pension benefits) is re-defined to include same sex couples. Other statutes are amended to provide that this definition applies to any pension benefits granted to spouses under those statutes. The revised definition of spouse will, in all cases, come into force on proclamation. The pension benefit provisions in the following statutes are amended: Corporations Act Courts of Justice Act Education Act Legislative Assembly Retirement Allowances Act Municipal Act Municipality of Metropolitan Toronto Act Ontario Municipal Employees Retirement System Act Pension Benefits Act *Public Libraries Act Public Service Pension Plan *Regional Municipality of Ottawa-Carleton Act Teachers' Pension Act p. 15 b. Other Employment Benefits The Bill amends the Employment Standards Act to prohibit discrimination in employment benefits between same sex and opposite sex cohabiting couples. This provision comes into force on proclamation. In addition, all of the following statutes authorizing the provision of employment benefits to employees and their spouses are amended to require the provision of benefits to employees with same sex spouses: Education Act: allows school boards to provide group life insurance to employees and their spouses *Legislative Assembly Act: provides spouses of members with a set number of paid trips between the member's residence and the seat of government Municipal Act: permits municipal councils to pass by-laws regarding the provision of accident and hospitalization insurance for employees and the provision of gratuities to fire fighters and their surviving spouses Partnerships Act: exempts a spouse of a deceased partner from automatically becoming a partner as a result of receiving benefits by way of an annuity from the partnership Perpetuities Act: rule as to perpetuities does not apply to trusts, funds established to benefit an employee's surviving spouse *Police Services Act: permits municipal councils or Lieutenant- Governor-in-Council to grant aid to the surviving spouses of police officers who die in the line of duty Workers' Compensation Act: provides compensation to the surviving spouses of workers who die from work injuries p. 16 E. Conflict of Interest 1. Prohibitions on Conflict of Interest and Non-Arms Length Transactions Between Spouses: All of the following statutes prohibit spouses from engaging in, or deriving a benefit from, certain kinds of joint activities on the grounds that spouses have common financial or other interests which could give rise to a "conflict of interest" or an unfair financial benefit. These statutes are amended to include same sex couples in their definitions of "spouse": Business Corporations Act: spouses cannot give financial assistance to one another or be included in the count of votes required for a takeover bid Community Economic Development Act, 1993: community investment share corporation cannot issue shares if it would result in person and spouse holding shares over prescribed limits Co-operative Corporations Act: spouses of insiders who use confidential information are liable for losses; spouses also not able to hold position of auditor or receiver Corporations Act: spouses of insiders who use confidential information are liable for losses Credit Unions and Caisses Populaires Act: spouses of officers cannot be an auditor Election Act: spouse of returning officer cannot be appointed an election clerk without the approval of the Chief Election Officer Employer Health Tax Act: payments to spouses deemed not to be at arms length for purposes of determining tax liability Financial Services Statute Law Reform Amendment Act, 1994: includes prohibitions on conflict of interest now contained in other financial services statutes *Independent Health Facilities: spouses are deemed to be associates in the operation of an independent health facility Juries Act: spouses cannot sit on same jury panel together; spouses of certain persons are ineligible for jury duty Labour Sponsored Venture Capital Corporations Act: in certain circumstances, a share must be held as an investment in an RRSP by the purchaser or his or her spouse p. 17 Loan and Trust Corporations Act: spouse of director, officer or employee of a corporation cannot be an outside director or auditor, cannot receive investment money from corporation, cannot sell or rent land to corporation, cannot lend money to corporation; but can (in restricted circumstances) be eligible for a loan from the corporation Mining Tax Act: payments to spouses deemed not to be at arms length for purposes of determining tax liability Municipal Elections Act: funds from spouses of registered candidates are deemed to be contributions; spouses of candidates not eligible to be appointed a deputy returning officer, poll clerk or take other election job Nursing Homes Act: financial statements by licensee must include information made about payments to the benefit of the licensee's spouse Ontario Energy Board Act: limits the number of shares of a gas transmitter, distributor or storage company which can be acquired by a person and his or her spouse Ontario Youth Employment Act: employment under the program is not to be provided to an employee where the employer is his or her spouse *Ottawa-Carleton French Language School Board Act: spouse of a Board member cannot be a mediator Securities Act: restrictions on spouses in a number of areas, including use of confidential information, loans, takeover bids; waiver of prospectus requirements where a trade or distribution involves a spouse Small Business Development Corporations Act: owners of small business development corporations are subject to restrictions in investing in corporations where spouses hold shares 2. Disclosure Requirements The Members' Conflict of Interest Act and the Municipal Conflict of Interest Act require public officials to disclose the financial assets, liabilities and interests of their "spouses" as a condition of holding public office. These two statutes are amended to require disclosure of the financial interests of all individuals who live in the same household with the member. p. 18 F. Government Benefits The Bill amends the Compensation for Victims of Crime Act to permit the same sex spouse of a person killed by crime to claim compensation (as opposite sex cohabiting spouses now may.) The Junior Farmer Establishment Act is amended to extend spousal rights in relation to loans for purposes of establishing a farm to same sex spouses. The Bill does not include any amendments to needs-based benefit programs. Both the Family Benefits Act and the General Welfare Assistance Act define "spouse" by regulations, not in the statutes themselves. The definition of "spouse" used for purposes of claiming tax credits under the Income Tax Act is governed by the tax collection agreement with the federal government and cannot be amended unilaterally by the province. (The federal tax definition also applies to the Corporations Tax Act and the Ontario Home Ownership Savings Plan.) In addition, the federal government establishes eligibility criteria (through the Old Age Security Act) for benefits under the Ontario Guaranteed Annual Income Act. p. 19 G. Rights to Make Substitute Decisions for an Incapable Spouse All of the following statutes provide spouses with rights to make decisions regarding medical treatment or personal care if their spouses become incapable of making these decisions for themselves. In all cases, the statutes are amended to include same sex couples: Charitable Institutions Act: spouse of resident of a charitable institution may make decisions regarding personal care Consent to Treatment Act: spouse may consent to treatment of his or her spouse by a health practitioner Homes for the Aged and Rest Homes: spouse of resident in home for the aged or rest home may make decisions regarding personal care Human Tissue Gift Act: spouse may consent to use of spouse's body after death Mental Health Act: spouse may make decisions regarding treatment of spouse admitted to a psychiatric facility Nursing Homes Act: spouse of nursing home resident may make decisions regarding personal care Substitute Decisions Act, 1992: spouse may apply to replace Public Guardian or Trustee as guardian of property of his or her spouse and may be given power of attorney for personal care of spouse Workers' Compensation Act: spouse of injured worker who is incapable may make decisions regarding payment of benefits and whether action should be taken against parties other than the employer p. 20 H. Other Personal Rights Change of Name Act: spouses may share a common surname, or combination of surnames by election, rather than application *Child and Family Services Act: spouses may apply together to adopt a child (subject to best interests of child); consent of spouse required for adoption order Coroners Act: spouses have the rights to examine coroner's records, request an inquest, and object to extraction of pituitary glands with respect to deceased spouse Charitable Institutions Act, Homes for the Aged and Rest Homes, Nursing Homes Act: spouses have the right to meet privately with their spouses and to share a room if they are residents of the same institution. -- Timothy Ross Wilson Ottawa