From: PMDAtropos <[email-masked]>
Date: Mon, 6 Jun 1994 15:09:05 -0400

[ Send replies to [email-masked] 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10(1) of the Code are repealed and the following substituted: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