Family Law Statutes Amended

Several pieces of legislation are being amended in order to comply with two recent court decisions. Justice Minister Michael Baker introduced the amendments today.

In a case known as M.v.H., the Supreme Court of Canada found that spousal support provisions--which apply to married and heterosexual common-law relationships--must be extended to same- sex common-law couples. As a result, pension benefits legislation and the Family Maintenance Act are being amended to ensure that they comply with the Canadian Charter of Rights and Freedoms.

The amendments provide a definition of a common-law partner that will apply regardless of the sex of the partners, as long as they have lived together for three years. In one act, this reflects a change in the time required for establishing a common-law relationship from one to three years. The change to three years brings Nova Scotia in line with most other jurisdictions in Canada and and makes the Nova Scotia statutes more consistent on this issue. The change would not affect the obligations for the maintenance of a child.

In the second decision, known as Walsh v. Bona, the Nova Scotia Court of Appeal found that the Matrimonial Property Act--which defines a spouse as a married individual--discriminates against common-law spouses and therefore contravenes the Charter.

The Court gave the province 12 months to enact legislative changes. The province will comply with the decision by creating a new section in the Vital Statistics Act. The new section would allow individuals to register as domestic partners. As a result, the legal rights and obligations provided under several statutes will apply to the partners and will outline the process for dividing assets should the partnership dissolve.

As well, several provisions in the Income Tax Act will be amended to ensure that they apply to common-law partners.