News release

New Rules Protect Common-Law and Same-Sex Couples

Service Nova Scotia and Municipal Relations (Oct. 2000 - March 2014)

SERVICE N.S./MUNICIPAL RELATIONS--New Rules Protect Common-Law and Same-Sex Couples


The Nova Scotia government is changing the rules for common-law and same-sex couples to reflect recent federal and provincial court decisions.

As of June 4, under amendments to the Vital Statistics Act, common-law and same-sex couples can register a domestic partnership with Vital Statistics, part of Service Nova Scotia and Municipal Relations.

Once a domestic partnership is registered, the couple will have many of the same benefits and obligations as a married couple, such as pension benefits and the division of assets at separation or death.

The government is amending its regulations after the Nova Scotia Court of Appeal and the Supreme Court of Canada clarified common- law and same-sex couples’ rights. While these couples will have essentially the same rights as married couples, registration is not marriage.

To register a domestic partnership, the couple must meet all of the following criteria:

  • each person is over the age of majority
  • neither person is married
  • neither person is in a domestic partnership
  • each person is ordinarily resident or a property owner in Nova Scotia on the date of registration

Vital Statistics will also register the termination domestic relationships. The partnership will be terminated at the earliest of the following events: -- both partners file a Statement of Termination with Vital Statistics -- both partners enter into a separation agreement pursuant to the Maintenance and Custody Act -- both partners live apart for at least one year and one partner files an affidavit with Vital Statistics to register the termination -- one partner marries a third party

Certificates can be issued to prove that a domestic partnership is registered or that one has been terminated. Applications to register or terminate a domestic partnership are available through Vital Statistics and Service Nova Scotia and Municipal Relations’ Vital Statistics Web site, at www.gov.ns.ca/snsmr/vstat/ . Or call toll-free 1-877-848-2578.