Bill 6 - Modernization of Benefits and Obligations Act

BILL 6

Modernization of Benefits and Obligations Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

Arrest and Examinations Act

Amendments to the Arrest and Examinations Act

1 Section 5 of the Arrest and Examinations Act, chapter A-12 of the Revised Statutes, 1973, is amended

(a) in subsection (1) of the English version by striking out “his” and substituting “his or her”;

(b) in subsection (3) in the portion preceding paragraph (a)

(i) by striking out “wife” and substituting “spouse”;

(ii) in the English version by striking out “his” and substituting “his or her”.

Evidence Act

Amendments to the Evidence Act

2(1) Section 1 of the Evidence Act, chapter E-11 of the Revised Statutes, 1973, is amended by adding the following definition in alphabetical order:

“spouse” means a legally married person; (conjoint)

2(2) Subsection 3(1) of the English version of the Act is amended by striking out “the husbands and wives” and substituting “the spouses”.

2(3) Section 3.1 of the Act is amended

(a) by striking out “husband or wife” and substituting “spouse”;

(b) in the French version by striking out “ou elle”.

2(4) Section 4 of the Act is amended by striking out “a husband is competent to give evidence for or against his wife, and a wife is competent to give evidence for or against her husband” and substituting “a spouse is competent to give evidence for or against his or her spouse”.

2(5) Section 5 of the English version of the Act is amended

(a) by striking out “the person charged, and the wife or husband as the case may be of such person, is a competent witness” and substituting “the person charged and his or her spouse are competent witnesses”;

(b) by striking out “nor the wife or husband of such person” and substituting “nor his or her spouse”.

2(6) Section 9 of the English version of the Act is amended by striking out “evidence for or against himself, or the wife or husband of such person” and substituting “evidence for or against himself or herself, or his or her spouse”.

2(7) Section 10 of the Act is repealed and the following is substituted:

Compellability of spouses

10 Nothing in this Act renders a spouse compellable to disclose any communication made to him or her by his or her spouse during their marriage.

Executors and Trustees Act

Amendments to the Executors and Trustees Act

3(1) Section 13 of the English version of the Executors and Trustees Act, chapter E-13 of the Revised Statutes, 1973, is amended

(a) by striking out “his” wherever it appears and substituting “his or her”;

(b) by striking out “husband or wife” and substituting “spouse”.

3(2) Section 14 of the English version of the Act is amended

(a) by striking out “his” wherever it appears and substituting “his or her”;

(b) by striking out “husband or wife” and substituting “spouse”.

Expropriation Act

Amendments to the Expropriation Act

4(1) Section 1 of the Expropriation Act, chapter E-14 of the Revised Statutes, 1973, is amended by adding the following definition in alphabetical order:

“common-law partner” means a person who, not being married to an Officer, was cohabiting in a conjugal relationship with the Officer on the date of the Officer’s death and was cohabiting in a conjugal relationship with the Officer for a continuous period of at least 2 years immediately before the Officer’s death; (conjoint de fait)

4(2) Section 3 of the Act is amended

(a) in subsection (2.7) of the English version

(i) by striking out “he” and substituting “he or she”;

(ii) by striking out “his” and substituting “his or her”;

(b) in subsection (2.8)

(i) by repealing paragraph (a) and substituting the following:

(a) his or her surviving spouse or surviving common-law partner, or

(ii) in paragraph (b) by striking out “no surviving spouse” and substituting “no surviving spouse or surviving common-law partner”;

(c) in subsection (2.9) by striking out “his surviving spouse or children” and substituting “his or her surviving spouse, surviving common-law partner or children”;

(d) in subsection (2.91)

(i) by striking out “any existing liability to the Officer, his spouse, his children or his estate” and substituting “any existing liability to the Officer or his or her spouse, common-law partner, children or estate”;

(ii) in the English version

(A) by striking out “his contributions” and substituting “his or her contributions”;

(B) by striking out “him” and substituting “him or her”;

(e) in subsection (2.92)

(i) in paragraph (a) by striking out “the Officer, his spouse, his children or his estate” and substituting “the Officer or his or her spouse, common-law partner, children or estate”;

(ii) in paragraph (b) by striking out “his surviving spouse, his children or his estate” and substituting “his or her surviving spouse, surviving common-law partner, children or estate”.

Family Income Security Act

Amendments to Regulation under the Family Income Security Act

5(1) Section 2 of New Brunswick Regulation 95-61 under the Family Income Security Act is amended in the definition “spouse” by repealing paragraph (a) and substituting the following:

(a) the person married to the unit head, or

5(2) Paragraph 4(6)(b) of the Regulation is amended by striking out “the person’s husband or wife” and substituting “the person to whom he or she is married”.

Family Services Act

Amendments to the Family Services Act

6(1) Subsection 30(9) of the English version of the Family Services Act, chapter F-2.2 of the Acts of New Brunswick, 1980, is amended by striking out “his” and substituting “his or her”.

6(2) Subsection 75(5) of the English version of the Act is amended by striking out “his” and substituting “his or her”.

6(3) Subsection 79(6) of the English version of the Act is amended by striking out “his” and substituting “his or her”.

6(4) Subsection 80(6) of the English version of the Act is amended by striking out “his” and substituting “his or her”.

6(5) Paragraph 83(1)(f) of the English version of the Act is amended in the portion preceding subparagraph (i) by striking out “his” and substituting “his or her”.

6(6) Subsection 85(2) of the English version of the Act is amended in the portion preceding paragraph (a) by striking out “his” and substituting “his or her”.

6(7) Section 111 of the Act is amended by repealing the definition “spouse” and substituting the following:

“spouse” means either of 2 persons who (conjoint)

(a) are married to each other,

(b) are married to each other by a marriage that is voidable and has not been avoided by a declaration of nullity, or

(c) have gone through a form of marriage with each other in good faith that is void and are cohabiting or have cohabited within the preceding year.

6(8) Subsection 115(7) of the English version of the Act is amended by striking out “he” and substituting “he or she”.

6(9) Section 128 of the English version of the Act is amended by striking out “his” and substituting “his or her”.

Fatal Accidents Act

Amendments to the Fatal Accidents Act

7(1) Section 1 of the English version of the Fatal Accidents Act, chapter F-7 of the Revised Statutes, 1973, is amended

(a) in the definition “tortfeasor” by striking out the semicolon at the end of the definition and substituting a period;

(b) by repealing the definition “wife” and “husband”;

“spouse” includes (conjoint)

(a) a cohabitant to whom the deceased, at the time of his or her death, owed an obligation to provide support under subsection 112(3) of the Family Services Act,

(b) a cohabitant to whom the deceased, at the time of his or her death, would have owed an obligation to provide support under subsection 112(3) of the Family Services Act but for the fact that the cohabitant was not substantially dependent upon the deceased for support, and

(c) a former spouse, including a former cohabitant described in paragraph (a) or (b), to whom the deceased, at the time of his or her death, was providing support or was obliged to provide support;

7(2) Subsection 3(1) of the English version of the Act is amended by striking out “wife, husband” and substituting “spouse”.

Infirm Persons Act

Amendments to the Infirm Persons Act

8 Section 5 of the English version of the Infirm Persons Act, chapter I-8 of the Revised Statutes, 1973, is amended

(a) in subsection (1) by striking out “he” and substituting “he or she”;

(b) in subsection (2) by striking out “wife or husband” and substituting “spouse”;

(d) in subsection (4) by striking out “wife or husband” and substituting “spouse”.

Judicature Act

Amendments to the Judicature Act

9 Subsection 11(1.1) of the Judicature Act, chapter J‑2 of the Revised Statutes, 1973, is amended in the definition “family”

(a) by striking out “a man and woman living together as husband and wife, whether or not married, in a permanent relationship” and substituting “2 persons cohabiting in a conjugal relationship that is a permanent relationship, whether or not married,”;

(b) in the French version

(i) by striking out “de l’un d’eux” wherever it appears and substituting “de l’une d’elles”;

(ii) by striking out “l’un ou l’autre” and substituting “l’une ou l’autre”.

Landlord and Tenant Act

Amendments to the Landlord and Tenant Act

10 Paragraph 34(1.1)(b) of the English version of the Landlord and Tenant Act, chapter L-1 of the Revised Statutes, 1973, is amended by striking out “wife, husband” and substituting “spouse”.

Legal Aid Act

Amendments to Regulation under the Legal Aid Act

11(1) Schedule B of New Brunswick Regulation 84-112 under the Legal Aid Act is amended

(a) in Rule 1

(i) in the definition “disposable income” in the English version by striking out “his spouse and his dependants” and substituting “his or her spouse and his or her dependants”;

(ii) by repealing the definition “spouse” and substituting the following:

“spouse” means an adult who is cohabiting in a conjugal relationship with the applicant, whether married to the applicant or not; (conjoint)

(b) in Rule 2 of the English version by striking out “his spouse and his dependants” and substituting “his or her spouse and his or her dependants”;

(c) in Rule 3 of the English version in the portion preceding paragraph (a) by striking out “his spouse and his dependants” and substituting “his or her spouse and his or her dependants”;

(d) in Rule 4 of the English version in the portion preceding paragraph (a) by striking out “his spouse and his dependants” and substituting “his or her spouse and his or her dependants”;

(e) in Rule 5 of the English version

(i) in paragraph (b)

(A) by striking out “him” and substituting “him or her”;

(B) by striking out “his” wherever it appears and substituting “his or her”;

(ii) in paragraph (c) by striking out “his spouse or dependants” and substituting “his or her spouse or his or her dependants”;

(iii) in paragraph (d)

(A) by striking out “his” wherever it appears and substituting “his or her”;

(B) by striking out “him” and substituting “him or her”;

(iv) in paragraph (e) by striking out “his” wherever it appears and substituting “his or her”;

(v) in paragraph (f) by striking out “his” wherever it appears and substituting “his or her”;

(f) in Rule 6 of the English version by striking out “his” wherever it appears and substituting “his or her”.

11(2) Form 2 of the Regulation is amended

(a) in section 2

(i) by striking out “MARITAL STATUS” and substituting “STATUS”;

(ii) by striking out “Married / Marié(e)” and substituting “Spouse (married or unmarried) / Conjoint (marié ou non)”;

(b) in section 6

(i) in the English version under the heading “STATEMENT OF ASSETS:” by striking out

Transfer of property – real or personal – by applicant, or dependent children.

and substituting

Transfer of property – real or personal – by applicant, spouse or dependent children.

(ii) by striking out

If any of the assets listed herein are owned jointly by the applicant and someone other than his spouse or dependants, state with whom they are held and the exact amount of applicant’s share.

and substituting

If any of the assets listed herein are owned jointly by the applicant and someone other than his or her spouse or dependants, state with whom they are held and the exact amount of applicant’s share.

Liquor Control Act

Amendments to the Liquor Control Act

12 Section 180 of the English version of the Liquor Control Act, chapter L-10 of the Revised Statutes, 1973, is amended

(a) by striking out “or his wife or husband” and substituting “or his or her spouse”;

(b) by striking out “him” wherever it appears and substituting “him or her”;

Loan and Trust Companies Act

Amendments to the Loan and Trust Companies Act

13 Subsection 1(1) of the Loan and Trust Companies Act, chapter L-11.2 of the Acts of New Brunswick, 1987, is amended by repealing the definition “spouse” and substituting the following:

“spouse” means a person to whom an individual is married; (conjoint)

Marital Property Act

Amendments to the Marital Property Act

14(1) Subsection 15(1) of the Marital Property Act, chapter M-1.1 of the Acts of New Brunswick, 1980, is amended in the portion preceding paragraph (a) by striking out “between husband and wife” and substituting “between spouses”.

14(2) Section 34 of the Act is amended in the portion preceding paragraph (a) by striking out “A man and a woman” and substituting “Two persons”.

14(3) Subsection 35(1) of the Act is amended by striking out the portion preceding paragraph (a) and substituting the following:

35(1) Two persons who are cohabiting and are not married to one another may enter into an agreement in which they agree on their respective rights and obligations during cohabitation, or upon ceasing to cohabit or death, including

14(4) Section 36 of the Act is amended by striking out the portion preceding paragraph (a) and substituting the following:

36 Two persons who cohabited and are living separate and apart or who are cohabiting and agree to live separate and apart may enter into a separation agreement in which they agree on their respective rights and obligations, including

14(5) Subsection 42(2) of the Act is amended by striking out “to the relationship of husband and wife or the fact that the acts constituting the contribution are those of a reasonable spouse of that sex” and substituting “to the relationship of married persons or the fact that the acts constituting the contribution are those of a reasonable spouse”.

Marriage Act

Amendments to the Marriage Act

15 Section 28 of the Marriage Act, chapter M-3 of the Revised Statutes, 1973, is amended by striking out “co-habited together as man and wife” and substituting “cohabited in a conjugal relationship”.

Members’ Conflict of Interest Act

Amendments to the Members’ Conflict of Interest Act

16(1) Section 1 of the Members’ Conflict of Interest Act, chapter M-7.01 of the Acts of New Brunswick, 1999, is amended by repealing the definition “spouse” and substituting the following:

“spouse” means a person who is married to a member or a person who, not being married to a member, is cohabiting in a conjugal relationship with the member, but does not include a person who, being married to a member, is separated and living apart from the member and who (conjoint)

(a) has entered into a written agreement with the member under which they have agreed to live apart, or

(b) is subject to an order of the court recognizing the separation.

16(2) Subsection 21(1) of the French version of the Act is amended by striking out “ses enfants mineur” and substituting “ses enfants mineurs”.

Members’ Pension Act

Amendments to the Members’ Pension Act

17(1) Subsection 1(1) of the Members’ Pension Act, chapter M-7.1 of the Acts of New Brunswick, 1993, is amended

(a) in the definition “benefit” by striking out “a surviving spouse’s pension” and substituting “a surviving spouse’s pension, a surviving common-law partner’s pension”;

(b) by repealing the definition “spouse”;

(c) in the French version of the definition « traitement » by striking out the period at the end of the definition and substituting a semicolon;

(d) by adding the following definitions in alphabetical order:

“common-law partner” means (conjoint)

(a) in the case of the death of a member or former member, a person who, not being married to the member or former member, was cohabiting in a conjugal relationship with the member or former member at the time of death of the member or former member and was cohabiting in a conjugal relationship with the member or former member for a continuous period of at least 2 years immediately before the death of the member or former member, or

(b) in the case of a division of a benefit under section 20.1, a person who, not being married to a member, minister, former member or former minister, was cohabiting in a conjugal relationship with the member, minister, former member or former minister, as the case may be, for a continuous period of at least 2 years immediately before the date of the breakdown of their common-law partnership;

“common-law partnership” means the relationship between a member or former member and his or her common-law partner; (union de fait)

“surviving common-law partner’s pension” means a pension described in section 13; (pension de conjoint de fait survivant)

17(2) The Act is amended by adding after section 1 the following:

Status as a common-law partner

1.01 To establish that he or she is a common-law partner, a person shall provide the Minister with a statutory declaration accompanied by proof acceptable to the Minister.

17(3) Section 1.1 of the Act is repealed and the following is substituted:

Determination of date of marriage or common-law partnership

1.1(1) Subject to subsections (2) and (3), for the purposes of this Act and the regulations, the date of marriage of a member or former member and his or her spouse is

(a) if they were married to each other, the date on which they were married,

(b) if they were parties to a voidable marriage, the date on which they were married, or

1.1(2) If, by reason of the operation of subsection (1), more than one date could be the date of marriage of 2 persons, the date of marriage of the 2 persons shall be deemed to be the earlier or earliest of those dates.

1.1(3) If a member or former member was cohabiting in a conjugal relationship with his or her spouse immediately before their marriage, the date of marriage shall be deemed to be the date on which they commenced to cohabit in a conjugal relationship.

1.1(4) For the purposes of this Act and the regulations, the date of common-law partnership of a member or former member and his or her common-law partner is the date on which they commenced to cohabit in a conjugal relationship.

17(4) The Act is amended by adding after section 1.1 the following:

Deemed cohabitation where illness or mental or physical infirmity

1.2 If a member or former member and a person with whom the member or former member was cohabiting in a conjugal relationship are no longer cohabiting by reason only of the illness or mental or physical infirmity of either of them, they shall be deemed to continue to be cohabiting in a conjugal relationship.

17(5) Paragraph 2(1)(e) of the Act is amended by striking out “spouses” and substituting “spouses, common-law partners”.

17(6) Subsection 7(4) of the Act is amended

(a) by striking out “to the surviving spouse or children” and substituting “to the surviving spouse, surviving common-law partner or children”;

(b) by striking out “unless the surviving spouse or children” and substituting “unless the surviving spouse, surviving common-law partner or children”.

17(7) Section 9 of the Act is amended

(a) by repealing subsection (2) and substituting the following:

9(2) On the death of a member who had to his or her credit fewer than 8 sessions of pensionable service, a return of contributions, together with interest, shall be paid

(a) to the member’s surviving spouse if he or she can be found and would have been entitled to receive the surviving spouse’s pension under section 13 at the time of the member’s death had the member had to his or her credit 8 or more sessions of pensionable service,

(b) if no person is paid under paragraph (a), to the member’s surviving common-law partner if he or she can be found and would have been entitled to receive the surviving common-law partner’s pension under section 13 at the time of the member’s death had the member had to his or her credit 8 or more sessions of pensionable service,

(d) if no person is paid under paragraph (a), (b) or (c), to the member’s estate.

(b) by repealing subsection (2.1).

17(8) Section 13 of the Act is amended

(a) in subsection (1)

(i) in the portion preceding paragraph (a) by striking out “Subject to subsections (1.1), (1.2), (1.3), (2) and (4)” and substituting “Subject to subsections (1.1), (1.2), (1.3), (2), (4), (5) and (6) and 20.1(3) and (5)”;

(ii) in the portion following paragraph (c) by striking out “the person’s surviving spouse is entitled to receive immediately a surviving spouse’s pension” and substituting “his or her surviving spouse or surviving common-law partner is entitled to receive immediately a surviving spouse’s pension or surviving common-law partner’s pension, as the case may be,”;

(b) by repealing subsection (2) and substituting the following:

13(2) A surviving spouse’s pension ceases to be payable on the death of that surviving spouse and a surviving common-law partner’s pension ceases to be payable on the death of that surviving common-law partner.

13(4) Subject to subsections (6) and 20.1(3) and (5), the surviving spouse of a person described in subsection (1) is entitled to receive a surviving spouse’s pension, if otherwise eligible, and the surviving common-law partner of that person is not entitled to receive a surviving common-law partner’s pension if

(a) the surviving spouse was married to the person at the time of the person’s death, and

(b) the marriage of the surviving spouse and the person was not a void or voidable marriage.

(d) by adding after subsection (4) the following:

13(5) The spouse or common-law partner of a person described in subsection (1) may enter into a written agreement with that person that waives his or her entitlement to receive a surviving spouse’s pension or surviving common-law partner’s pension, as the case may be.

13(6) A surviving spouse is not entitled to receive a surviving spouse’s pension and a surviving common-law partner is not entitled to receive a surviving common-law partner’s pension if there is

(a) a valid written agreement referred to in subsection (5), or

(b) a decree, order or judgment of a competent tribunal that bars the claim of the surviving spouse or surviving common-law partner.

17(9) Section 14 of the Act is amended

(a) in subsection (1) by striking out the portion preceding paragraph (a) and substituting the following:

14(1) Subject to subsections (2) and (3), if a person described in subsection 13(1) dies without leaving a surviving spouse or surviving common-law partner, or if a surviving spouse’s pension or surviving common-law partner’s pension is not payable or ceases to be payable under this Part, a children’s pension equal to the surviving spouse’s pension or surviving common-law partner’s pension that was being paid or could have been paid under section 13 shall be paid in equal shares to the children of that person who, at the time of that person’s death, are dependent on that person for support and who are

(b) by repealing subsection (2) and substituting the following:

14(2) For the purposes of subsection (1), a child who has attained 19 years of age and who at the time of death of the person described in subsection 13(1) is dependent on that person for support and is dependent on that person by reason of mental or physical infirmity, shall be deemed to be a child not having attained 19 years of age.

17(10) Section 15 of the Act is repealed and the following is substituted:

Manner of payment of benefits

15 If a benefit, other than a return of contributions, becomes payable under this Part, it shall be paid in equal monthly instalments in arrears and continues, subject to this Part, during the lifetime of the recipient, until the end of the month in which he or she dies and any amount in arrears that remains unpaid at the time of his or her death shall be paid

(a) if the recipient was a member, to the recipient’s surviving spouse if he or she can be found and is entitled to receive the surviving spouse’s pension under section 13,

(b) if the recipient was a member and no person is paid under paragraph (a), to the recipient’s surviving common-law partner if he or she can be found and is entitled to receive the surviving common-law partner’s pension under section 13,

(d) if no person is paid under paragraph (a), (b) or (c), to the recipient’s estate.

17(11) Section 16 of the Act is repealed and the following is substituted:

Payment to estate where no surviving spouse, common-law partner or children

16 If a person described in subsection 13(1) dies without leaving a surviving spouse, surviving common-law partner or children to whom a pension is payable under this Part, the amount by which the person’s contributions, together with interest, exceed any benefit received by or on behalf of the person shall be paid to the person’s estate.

17(12) Section 17 of the Act is amended by striking out “surviving spouse’s pension” and substituting “surviving spouse’s pension, surviving common-law partner’s pension”.

17(13) Paragraph 20(1)(a) of the Act is repealed and the following is substituted:

(a) assignment does not include assignment pursuant to a decree, order or judgment of a competent tribunal or a written agreement in settlement of rights arising as a consequence of the breakdown of a marriage between a member or former member and his or her spouse or former spouse or the breakdown of a common-law partnership between a member or former member and his or her common-law partner or former common-law partner, nor does it include assignment by the legal representative of a deceased member or former member on the distribution of the estate of the member or former member, and

17(14) Section 20.1 of the Act is amended

(a) in subsection (1) of the French version

(i) by striking out “une ordonnance, un jugement ou un arrêt à partir du 1^er janvier 1997, relativement à la répartition à la rupture du mariage d’une prestation” and substituting “une ordonnance ou un jugement à partir du 1^er janvier 1997 relativement à la répartition, à la rupture du mariage, d’une prestation”;

(ii) by striking out “à l’ordonnance, au jugement ou à l’arrêt” substituting “à l’ordonnance ou au jugement”;

(b) by adding after subsection (1) the following:

20.1(1.1) Notwithstanding any other provision of this Act, where a competent tribunal makes a decree, order or judgment on or after the commencement of this subsection in relation to the division on the breakdown of a common-law partnership of a benefit that a member or minister, or a former member or former minister, is or may be entitled to under this Act, the commuted value of the benefit shall be determined in accordance with the regulations as of the date of the breakdown of the common-law partnership and shall be divided in accordance with the decree, order or judgment of the tribunal.

20.1(2) The portion of the benefit to which the spouse or common-law partner of a member or minister, or of a former member or former minister, is entitled under a decree, order or judgment referred to in subsection (1) or (1.1) shall be dealt with in accordance with the regulations.

(d) in subsection (3)

(i) by striking out the portion preceding paragraph (a) and substituting the following:

20.1(3) If a benefit has been divided under subsection (1) or (1.1), the spouse or common-law partner has no further right

(ii) by repealing paragraph (b) and substituting the following:

(b) to a surviving spouse’s pension or surviving common-law partner’s pension with respect to the member or minister, or the former member or former minister, or any other benefit or amount payable to the spouse or common-law partner under this Act by virtue of being the spouse or common-law partner of the member or minister, or the former member or former minister, or

(e) in subsection (4) by striking out “that is entered into on or after January 1, 1997, provides” and substituting “is entered into on or after January 1, 1997, and provides ”;

(f) by adding after subsection (4) the following:

20.1(4.1) Notwithstanding any other provision of this Act, where a written agreement in settlement of rights arising as a consequence of the breakdown of a common-law partnership is entered into on or after the commencement of this subsection and provides for the division on the breakdown of the common-law partnership of a benefit that a member or minister, or a former member or former minister, is or may be entitled to under this Act, the commuted value of the benefit shall be determined as of the date of the breakdown of the common-law partnership in accordance with the regulations and shall be divided in accordance with the written agreement.

(g) in subsection (5) by striking out “subsection (4)” and substituting “subsection (4) or (4.1)”;

(h) by repealing subsection (7) and substituting the following:

20.1(7) A division of benefits under this section applies only in relation to benefits accrued between the date of marriage and the date of marriage breakdown or between the date of common-law partnership and the date of the breakdown of the common-law partnership, as the case may be.

17(15) Subsection 20.2(1) of the Act is amended

(a) in paragraph (b) by striking out “spouse” and substituting “spouse or common-law partner”;

(b) in paragraph (d) by striking out “on marriage breakdown” and substituting “on the breakdown of a marriage or common-law partnership”.

17(16) Section 25 of the Act is repealed and the following is substituted:

Supplementary allowance payable to a surviving spouse or surviving common-law partner

25(1) If the surviving spouse or surviving common-law partner of a person who was a member is entitled to receive a surviving spouse’s pension or surviving common-law partner’s pension, as the case may be, under subsection 13(1) in respect of the person’s annual pension, the surviving spouse or surviving common-law partner is entitled to a supplementary allowance in an amount equal to 125% of the portion of the surviving spouse’s pension or surviving common-law partner’s pension attributable to the annual pension of that person calculated in accordance with subsection 10(2).

25(2) If the surviving spouse or surviving common-law partner of a person who was a minister is entitled to receive a surviving spouse’s pension or surviving common-law partner’s pension, as the case may be, under subsection 13(1) in respect of the minister’s pension, the surviving spouse or surviving common-law partner is entitled, in addition to the supplementary allowance to which he or she is entitled under subsection (1), to a supplementary allowance in an amount equal to 50% of the portion of the surviving spouse’s pension or surviving common-law partner’s pension attributable to the minister’s pension calculated in accordance with subsection 11(3).

Amendments to Regulation under the Members’ Pension Act

18(1) The heading “Citation” preceding section 1 of the French version of New Brunswick Regulation 98-6 under the Members’ Pension Act is repealed and the following is substituted:

Titre

18(2) Section 1 of the Regulation is repealed and the following is substituted:

1 This Regulation may be cited as the Division of Benefits on the Breakdown of a Marriage or Common-law Partnership Regulation - Members’ Pension Act.

18(3) Section 2 of the Regulation is amended

(a) in subsection (1)

(i) in the French version of the definition « allocation de conjoint » by striking out “de droits survenant en conséquence de la rupture du mariage ou en vertu d’une ordonnance, d’un jugement ou d’un arrêt” and substituting “des droits découlant de la rupture du mariage ou en vertu d’une ordonnance ou d’un jugement”;

(ii) by adding the following definition in alphabetical order:

“common-law partner’s portion” means the portion of the portion of the benefit or commuted value of the benefit of a member or minister or a former member or former minister computed under section 5 to which the common-law partner of the member or minister or the former member or former minister is entitled on the breakdown of their common-law partnership under a written agreement in settlement of rights arising as a consequence of the breakdown of their common-law partnership or under a decree, order or judgment made by a competent tribunal; (allocation de conjoint de fait)

(b) in subsection (2) by repealing the definition “commuted value” and substituting the following:

“commuted value” means the value of a benefit that a member or minister or a former member or former minister is or may be entitled to under the Act and that is to be divided under section 20.1 of the Act, which value is calculated in accordance with subsection 3(1), (2), (3) or (4), as the case may be, and as of the date of the breakdown of his or her marriage or common-law partnership. (valeur de rachat)

18(4) Section 3 of the Regulation is amended

(a) in subsection (3)

(i) in the portion preceding paragraph (a) by striking out “the date of marriage breakdown” and substituting “the date of the breakdown of his or her marriage or common-law partnership”;

(ii) in paragraph (b) by striking out “the date of marriage breakdown” and substituting “the date of the breakdown of the marriage or common-law partnership”;

(b) in subsection (4)

(i) in the portion preceding paragraph (a) by striking out “on marriage breakdown” and substituting “on the breakdown of his or her marriage or common-law partnership”;

(ii) in paragraph (a) by striking out “the date of marriage breakdown” and substituting “the date of the breakdown of the marriage or common-law partnership”.

18(5) The heading “Date of marriage” preceding section 4 of the Regulation is repealed.

18(6) Section 4 of the Regulation is repealed.

18(7) The heading “Calculation of portion of commuted value to be divided on marriage breakdown” preceding section 5 of the Regulation is amended by striking out “on marriage breakdown” and substituting “on the breakdown of a marriage or common-law partnership”.

18(8) Section 5 of the Regulation is amended

(a) in the portion preceding the formula by striking out “on marriage breakdown” and substituting “on the breakdown of his or her marriage or common-law partnership”;

(b) in the explanation of “p” in the formula by striking out “on marriage breakdown” and substituting “on the breakdown of the marriage or common-law partnership”;

(c) in the explanation of “a” in the formula by adding “or between the date of common-law partnership and the date of the breakdown of the common-law partnership, inclusive, as the case may be,” after “inclusive,”.

18(9) The heading “Types of instruments for portion of benefit payable to spouse” preceding section 6 of the Regulation is amended by striking out “spouse” and substituting “spouse or common-law partner”.

18(10) Section 6 of the Regulation is amended

(a) in subsection (1)

(i) in the portion preceding paragraph (a) by striking out “spouse” and substituting “spouse or common-law partner”;

(ii) in paragraph (a) by striking out “spouse” and substituting “spouse or common-law partner”;

(iii) in paragraph (b) by striking out “spouse” and substituting “spouse or common-law partner”;

(b) by repealing subsection (2) and substituting the following:

6(2) Subject to the requirements of the Income Tax Act (Canada), if the spouse or common-law partner of a member or minister or a former member or former minister fails to direct the Minister to make the transfer or purchase in accordance with subsection (1) within 90 days after the later of the date on which the calculation was performed or the date of the written agreement in settlement of rights arising as a consequence of the breakdown of their marriage or common-law partnership or the decree, order or judgment made by a competent tribunal, the spouse or common-law partner shall be deemed to have directed the Minister to purchase a deferred life annuity or life annuity with the portion of the benefit to which the spouse or common-law partner is entitled under section 20.1 of the Act.

(i) by striking out “to which the spouse” and substituting “to which the spouse or common-law partner”;

(ii) by striking out “to the spouse” and substituting “to the spouse or common-law partner, as the case may be,”.

18(11) The heading “Interest on spouse’s portion” preceding section 7 of the Regulation is amended by striking out “spouse’s portion” and substituting “spouse’s portion or common-law partner’s portion”.

18(12) Section 7 of the Regulation is amended

(a) by adding after subsection (1) the following:

7(1.1) If the commuted value of a benefit of a member or minister or a former member or former minister is divided under section 20.1 of the Act, the common-law partner’s portion shall be credited with interest at a rate not lower than the rate in subsection (2) from the date of the breakdown of their common-law partnership to the date on which the common-law partner’s portion is transferred or used for a purchase under section 6.

(b) in subsection (2) by adding “or (1.1)” after “subsection (1)”.

18(13) Section 8 of the Regulation is amended

(a) in subsection (1) by striking out “less the spouse’s portion, including any escalated adjustment calculated in accordance with the escalation formula in effect under the Act on the date of marriage breakdown, between the date of marriage breakdown and the date of ceasing to be a member” and substituting “less the spouse’s portion or common-law partner’s portion, including any escalated adjustment calculated in accordance with the escalation formula in effect under the Act on the date of the breakdown of their marriage or common-law partnership, as the case may be, between the date of the breakdown of the marriage or common-law partnership and the date of ceasing to be a member”;

(b) in subsection (2) by striking out “less the spouse’s portion, including any escalated adjustment calculated in accordance with the escalation formula in effect under the Act on the date of marriage breakdown, between the date of marriage breakdown and the date of revaluation” and substituting “less the spouse’s portion or common-law partner’s portion, including any escalated adjustment calculated in accordance with the escalation formula in effect under the Act on the date of the breakdown of their marriage or common-law partnership, as the case may be, between the date of the breakdown of the marriage or common-law partnership and the date of revaluation”;

(c) in subsection (4) by striking out “the date of marriage breakdown” and substituting “the date of the breakdown of his or her marriage or common-law partnership, as the case may be”;

(d) in subsection (5)

(i) in the explanation of “a” in the formula by adding “or between the date of common-law partnership and the date of the breakdown of the common-law partnership, inclusive, as the case may be,” after “inclusive,”;

(ii) in the explanation of “m” in the formula by striking out “the date of marriage breakdown” and substituting “the date of the breakdown of his or her marriage or common-law partnership”;

(iii) in the explanation of “p” in the formula by striking out “spouse’s portion” and substituting “spouse’s portion or common-law partner’s portion, as the case may be,”.

18(14) Section 9 of the Regulation is amended

(a) in subsection (1)

(i) by striking out “to which the spouse” and substituting “to which the spouse or common-law partner”;

(ii) by striking out “the spouse’s share, as calculated under subsection (2)” and substituting “the spouse’s share or common-law partner’s share, as the case may be and as calculated under subsection (2)”;

(iii) by striking out “the date of marriage breakdown” and substituting “the date of the breakdown of their marriage or common-law partnership, as the case may be,”;

(b) in subsection (2)

(i) in the portion preceding the formula by striking out “spouse’s share” and substituting “spouse’s share or common-law partner’s share”;

(ii) in the explanation of “D” in the formula by striking out “spouse’s share” and substituting “spouse’s share or common-law partner’s share, as the case may be”;

(iii) in the explanation of “P” in the formula by striking out “the date of marriage breakdown” and substituting “the date of the breakdown of the marriage or common-law partnership, as the case may be,”;

(iv) in the explanation of “p” in the formula by striking out “spouse’s portion” and substituting “spouse’s portion or common-law partner’s portion, as the case may be,”.

18(15) The heading “Subsequent marriage breakdown” preceding section 10 of the Regulation is repealed and the following is substituted:

Breakdown of a subsequent marriage or common-law partnership

18(16) Section 10 of the Regulation is amended by striking out “on a second or subsequent marriage breakdown” and substituting “on the breakdown of a second or subsequent marriage or common-law partnership”.

Members Superannuation Act

Amendments to the Members Superannuation Act

19(1) Subsection 1(1) of the Members Superannuation Act, chapter M-8 of the Revised Statutes, 1973, is amended

(a) in the English version of the definition “annual pension”

(i) by striking out “his” wherever it appears and substituting “his or her”;

(ii) by striking out “he” and substituting “he or she”;

(b) in the English version of the definition “pensionable service” by striking out “his” and substituting “his or her”;

(d) in the French version of the definition « traitement » by striking out the period at the end of the definition and substituting a semicolon;

(e) by adding the following definitions in alphabetical order:

“common-law partner” means (conjoint de fait)

(b) in the case of the breakdown of their common-law partnership, a person who, not being married to a member, minister, former member or former minister, was cohabiting in a conjugal relationship with the member, minister, former member or former minister, as the case may be, for a continuous period of at least 2 years immediately before the date of the breakdown of their common-law partnership;

“common-law partnership” means the relationship between a member or former member and his or her common-law partner; (union de fait)

19(2) The Act is amended by adding after section 1 the following:

Status as a common-law partner

1.001 To establish that he or she is a common-law partner, a person shall provide the Minister with a statutory declaration accompanied by proof acceptable to the Minister.

19(3) Section 1.01 of the Act is repealed and the following is substituted:

Determination of date of marriage or common-law partnership

1.01(1) Subject to subsections (2) and (3), for the purposes of this Act and the regulations, the date of marriage of a member or former member and his or her spouse is

(a) if they were married to each other, the date on which they were married,

(b) if they were parties to a voidable marriage, the date on which they were married, or

1.01(2) If, by reason of the operation of subsection (1), more than one date could be the date of marriage of 2 persons, the date of marriage of the 2 persons shall be deemed to be the earlier or earliest of those dates.

1.01(3) If a member or former member was cohabiting in a conjugal relationship with his or her spouse immediately before their marriage, the date of marriage shall be deemed to be the date on which they commenced to cohabit in a conjugal relationship.

1.01(4) For the purposes of this Act and the regulations, the date of common-law partnership of a member or former member and his or her common-law partner is the date on which they commenced to cohabit in a conjugal relationship.

19(4) The Act is amended by adding after section 1.01 the following:

Deemed cohabitation where illness or mental or physical infirmity

1.02 If a member or former member and a person with whom the member or former member was cohabiting in a conjugal relationship are no longer cohabiting by reason only of the illness or mental or physical infirmity of either of them, they shall be deemed to continue to be cohabiting in a conjugal relationship.

19(5) Section 1.1 of the Act is amended by adding after subsection (1) the following:

1.1(1.1) This Act applies, after the commencement of this subsection, to common-law partners of members and former members referred to in paragraphs (1)(a) to (d).

19(6) Section 2 of the English version of the Act is amended by striking out “his” and substituting “his or her”.

19(7) Section 26 of the Act is repealed.

19(8) The Act is amended by adding after section 27 the following:

PART 3

ALLOWANCE FOR COMMON-LAW PARTNERS

Allowance payable to a surviving common-law partner

28(1) Upon the death of a person described in subsection 13(1) who does not have a surviving spouse or whose surviving spouse is not entitled to a surviving spouse’s pension or an allowance under section 23, such person’s surviving common-law partner is entitled to receive immediately an allowance equal to ½ of the amount calculated under sections 11 and 12.

28(2) A children’s pension is not payable at the same time as an allowance is being paid to a surviving common-law partner.

28(3) A children’s pension is payable upon the death of a surviving common-law partner who was receiving an allowance under this Part.

Annual adjustment of allowance

29 Section 10.5 applies with the necessary modifications to an allowance under this Part, except that the reference to “December 31, 1996” in subsection 10.5(1) shall be read as a reference to “December 31, 2007” and the references to “January 1, 2001” in subsections 10.5(1) and (3) shall be read as references to “January 1, 2009”.

Return of contributions

30(1) If no person is paid a return of contributions under paragraph 10(2)(a), an amount equal to the return of contributions shall be paid to the member’s surviving common-law partner if he or she can be found and would have been entitled to receive an allowance under section 28 at the time of the member’s death had the member had to his or her credit 10 or more sessions of pensionable service.

30(2) A return of contributions shall not be paid to the member’s children or estate under paragraph 10(2)(b) or (c) if an amount is paid to the member’s surviving common-law partner under subsection (1).

Amount in arrears

31(1) If the recipient was a member and no person is paid an amount in arrears under paragraph 15(a), an amount equal to the amount in arrears shall be paid to the recipient’s surviving common-law partner if he or she can be found and is entitled to receive an allowance under section 28.

31(2) An amount in arrears shall not be paid to the recipient’s children or estate under paragraph 15(b) or (c) if an amount is paid to the recipient’s surviving common-law partner under subsection (1).

Consolidated Fund

32(1) An allowance payable under this Part shall be paid out of the Consolidated Fund.

32(2) An amount payable under section 30 or 31 shall be paid out of the Consolidated Fund.

Breakdown of a common-law partnership

33 Section 20.01 and any regulation made under section 20.02 apply with the necessary modifications to the breakdown of a common-law partnership and any references in those provisions to “marriage”, “marriage breakdown” and “spouse” shall be read as references to “common-law partnership”, “the breakdown of a common-law partnership” and “common-law partner”, respectively.

Payment of allowance

34 Except as otherwise provided in this Part, an allowance payable under this Part shall be paid at the same time, in the same manner and under the same terms and conditions as a surviving spouse’s pension would be payable under Part 1, and the provisions of Part 1 apply, with the necessary modifications, in relation to the payment of an allowance payable under this Part.

Mental Health Act

Amendments to the Mental Health Act

20 Section 59 of the Mental Health Act, chapter M-10 of the Revised Statutes, 1973, is amended by repealing the definition “person bound to provide or care for a patient” and substituting the following:

“person bound to provide or care for a patient” includes (personne tenue de subvenir aux besoins d’un malade ou d’en prendre soin)

(a) a person whose spouse is the patient,

(b) a person whose child is the patient, and

Ombudsman Act

Amendments to the Ombudsman Act

21(1) Section 1 of the Ombudsman Act, chapter O-5 of the Revised Statutes, 1973, is amended by adding the following definition in alphabetical order:

“common-law partner” means a person who, not being married to an Ombudsman, was cohabiting in a conjugal relationship with the Ombudsman on the date of the Ombudsman’s death and was cohabiting in a conjugal relationship with the Ombudsman for a continuous period of at least 2 years immediately before the Ombudsman’s death; (conjoint de fait)

21(2) Section 2 of the Act is amended

(a) in subsection (6) in the portion following paragraph (b)

(i) by striking out “surviving spouse” wherever it appears and substituting “surviving spouse or surviving common-law partner”;

(ii) in the English version by striking out “paragraph 5(b)” and substituting “paragraph (5)(b)”;

(b) in subsection (7)

(i) in paragraph (a) by striking out “surviving spouse” and substituting “surviving spouse or surviving common-law partner”;

(ii) in paragraph (b) by striking out “surviving spouse” and substituting “surviving spouse or surviving common-law partner”;

(iii) in the portion following paragraph (b) by striking out “surviving spouse” wherever it appears and substituting “surviving spouse or surviving common-law partner”;

(c) in subsection (9) by striking out “surviving spouse” wherever it appears and substituting “surviving spouse, surviving common-law partner”.

Partnership Act

Amendments to the Partnership Act

22 Subparagraph 3(c)(iii) of the Partnership Act, chapter P-4 of the Revised Statutes, 1973, is amended by striking out “widow” and substituting “widow, widower”.

Prescription Drug Payment Act

Amendments to Regulation under the Prescription Drug Payment Act

23 Section 2 of New Brunswick Regulation 84-170 under the Prescription Drug Payment Act is amended in the definition “spouse” by striking out “of the opposite sex”.

Probate Court Act

Amendments to Regulation under the Probate Court Act

24 Form 2AA of New Brunswick Regulation 84-9 under the Probate Court Act is amended by striking out “widow” and substituting “widow, widower”.

Property Act

Amendments to the Property Act

25(1) Section 3 of the Property Act, chapter P-19 of the Revised Statutes, 1973, is amended by striking out “to their widows, dependants or other beneficiaries” and substituting “to their widows or widowers, their dependants or their other beneficiaries”.

25(2) Section 23 of the Act is amended

(a) by adding before subsection (1) the following:

23(0.1) In this section, “spouse” means a married person.

(b) in subsection (2) by striking out “by a husband to his wife, or by a wife to her husband” and substituting “by a spouse to his or her spouse”.

Provincial Court Act

Amendments to the Provincial Court Act

26(1) Section 1 of the Provincial Court Act, chapter P-21 of the Revised Statutes, 1973, is amended

(a) in subsection (1)

(i) in the French version

(A) in the definition « comité » by striking out the period at the end of the definition and substituting a semicolon;

(B) in the definition « Régime » by striking out the period at the end of the definition and substituting a semicolon;

(ii) in the English version of the definition “Plan” by striking out the semicolon at the end of the definition and substituting a period;

(iii) by repealing the definition “spouse”;

(iv) by adding the following definitions in alphabetical order:

“common-law partner” means (conjoint de fait)

(a) in the case of the death of a judge

(i) if the judge did not make an election under subsection 15(5.01), (5.02) or (5.05), a person who, not being married to the judge, was cohabiting in a conjugal relationship with the judge at the time of the judge’s death and was cohabiting in a conjugal relationship with the judge for a continuous period of at least 2 years immediately before the judge’s death; or

(ii) if the judge made an election under subsection 15(5.01), (5.02) or (5.05), a person who, not being married to the judge, was cohabiting in a conjugal relationship with the judge on the date when the judge’s reduced annuity began to be paid and at the time of the judge’s death and was cohabiting in a conjugal relationship with the judge for a continuous period of at least 2 years immediately before the date when the judge’s reduced annuity began to be paid; or

(b) in the case of a division of a benefit under section 17.3, a person who, not being married to a judge or former judge, was cohabiting in a conjugal relationship with the judge or former judge for a continuous period of at least 2 years immediately before the date of the breakdown of their common-law partnership;

“common-law partnership” means the relationship between a judge and his or her common-law partner; (union de fait)

(b) in subsection (2) of the English version by striking out “he” and substituting “he or she”.

26(2) The Act is amended by adding after section 1 the following:

Status as a common-law partner

1.01 To establish that he or she is a common-law partner, a person shall provide the Chairman of the Board of Management with a statutory declaration accompanied by proof acceptable to the Chairman.

26(3) Section 1.1 of the Act is repealed and the following is substituted:

Determination of date of marriage or common-law partnership

1.1(1) Subject to subsections (2) and (3), for the purposes of this Act and the regulations, the date of marriage of a judge and his or her spouse is

(a) if they were married to each other, the date on which they were married,

(b) if they were parties to a voidable marriage, the date on which they were married, or

1.1(3) If a judge was cohabiting in a conjugal relationship with his or her spouse immediately before their marriage, the date of marriage shall be deemed to be the date on which they commenced to cohabit in a conjugal relationship.

1.1(4) For the purposes of this Act and the regulations, the date of common-law partnership of a judge and his or her common-law partner is the date on which they commenced to cohabit in a conjugal relationship.

26(4) The Act is amended by adding after section 1.1 the following:

Deemed cohabitation where illness or mental or physical infirmity

1.2 If a judge and the person with whom the judge was cohabiting in a conjugal relationship are no longer cohabiting by reason only of the illness or mental or physical infirmity of either of them, they shall be deemed to continue to be cohabiting in a conjugal relationship.

26(5) Section 7 of the Act is amended

(a) in subsection (3) of the English version by striking out “his” and substituting “his or her”;

(b) in subsection (5)

(i) in the English version by striking out “he” and substituting “he or she”;

(ii) by striking out “surviving spouse” and substituting “surviving spouse, surviving common-law partner”.

26(6) Section 15 of the Act is amended

(a) in subsection (1) of the English version

(i) in paragraph (b) by striking out “he” and substituting “he or she”;

(ii) in paragraph (c)

(A) by striking out “him” and substituting “him or her”;

(B) by striking out “his” and substituting “his or her”;

(iii) in the portion following paragraph (c) by striking “his” wherever it appears and substituting “his or her”;

(b) in subsection (1.02) by striking out “subsections (5.01), (5.02), (5.05) and (5.086)” and substituting “subsections (5.01), (5.02) and (5.05)”;

(d) in subsection (4)

(i) in the portion preceding paragraph (a) by striking out “subsections (5.01), (5.02), (5.05), (5.086) and (5.0876)” and substituting “subsections (5.01), (5.02) and (5.05)”;

(ii) in paragraph (a) of the English version by striking out “his” and substituting “his or her”;

(iii) in paragraph (b) of the English version by striking out “his” and substituting “his or her”;

(iv) by striking out the portion following paragraph (d) and substituting the following:

the surviving spouse or surviving common-law partner shall, subject to subsections (5.1) to (5.3) and 17.3(3) and (5), be paid an annuity equal to ½ of the annuity paid to a judge under subsection (1) or (1.01), as the case may be, but the surviving spouse’s annuity or surviving common-law partner’s annuity ceases upon the death of that surviving spouse or surviving common-law partner, as the case may be.

(e) in subsection (5)

(i) by striking out “to the surviving spouse” and substituting “to the surviving spouse or surviving common-law partner”;

(ii) in the English version by striking out “his” and substituting “his or her”;

(iii) in the English version by striking out “he” and substituting “he or she”;

(f) by repealing subsection (5.01) and substituting the following:

15(5.01) Subject to subsection 37(5) of the Provincial Court Judges’ Pension Act, if a judge has a spouse or common-law partner at the time when payments of an annuity under paragraph (1)(a), (a.1), (b) or (b.1) or subsection (1.01), as the case may be, are to begin to be made to the judge, the judge may, at that time, elect to be paid an annuity, in accordance with subsection (5.083), in an amount that is less than the amount payable to the judge, in which case the amount of a surviving spouse’s annuity or surviving common-law partner’s annuity payable to the judge’s surviving spouse or surviving common-law partner shall be increased in accordance with subsections (5.03) and (5.04).

(g) by repealing subsection (5.02) and substituting the following:

15(5.02) Subject to subsection 37(5) of the Provincial Court Judges’ Pension Act, if a judge who is being paid an annuity under paragraph (1)(c) has a spouse or common-law partner at the time when the judge reaches the age of 65 years, the judge may, at that time, elect to be paid an annuity, in accordance with subsection (5.083), in an amount that is less than the amount payable to the judge, in which case the amount of a surviving spouse’s annuity or surviving common-law partner’s annuity payable to the judge’s surviving spouse or surviving common-law partner shall be increased in accordance with subsections (5.03) and (5.04).

(h) in subsection (5.03) by striking out “an increased surviving spouse’s annuity” and substituting “an increased surviving spouse’s annuity or an increased surviving common-law partner’s annuity”;

(i) by repealing subsection (5.04) and substituting the following:

15(5.04) The amount of the judge’s reduced annuity and of the increased surviving spouse’s annuity or increased surviving common-law partner’s annuity in total shall be the actuarial equivalent of the total amount of the annuities that the judge and his or her surviving spouse or surviving common-law partner would or could have been paid if the election had not been made under subsection (5.01) or (5.02).

(j) in subsection (5.05) by striking out “to the judge’s surviving spouse and estate” and substituting “to his or her surviving spouse or surviving common-law partner, as the case may be, and his or her estate”;

(k) by repealing subsection (5.06) and substituting the following:

15(5.06) If a judge makes an election under subsection (5.05), the amount of the judge’s reduced annuity, of the increased surviving spouse’s annuity or increased surviving common-law partner’s annuity and of any payment that might be made to the judge’s estate in total shall be the actuarial equivalent of the total amount of the annuities that the judge and his or her surviving spouse or surviving common-law partner would or could have been paid if the election had not been made.

(l) by repealing subsection (5.07) and substituting the following:

15(5.07) If a judge elects to be paid a reduced annuity under subsection (5.05) and dies during the guarantee period of 5, 10 or 15 years selected by the judge, his or her surviving spouse or surviving common-law partner who would be entitled to receive a surviving spouse’s annuity or surviving common-law partner’s annuity under subsection (4) is entitled to receive, instead of that surviving spouse’s annuity or surviving common-law partner’s annuity, an annuity

(a) until the guarantee period expires, in the same amount as the judge was receiving at the time of the judge’s death, and

(b) after the guarantee period expires, for the lifetime of the spouse or common-law partner in the increased amount determined in accordance with subsection (5.06).

(m) in subsection (5.08) by striking out “judge’s spouse” wherever it appears and substituting “judge’s spouse or common-law partner”;

(n) in subsection (5.081) by striking out “judge’s spouse” and substituting “his or her spouse or common-law partner”;

(o) in paragraph (5.083)(a) by striking out “increased surviving spouse’s annuity” and substituting “increased surviving spouse’s annuity or increased surviving common-law partner’s annuity”;

(p) in subsection (5.085) by striking out “the judge’s surviving spouse’s annuity” and substituting “a surviving spouse’s annuity”;

(q) by adding after subsection (5.085) the following:

15(5.0851) Notwithstanding anything else in this section, if a judge who is being paid a reduced annuity under subsection (5.01), (5.02) or (5.05) dies, no person is entitled to be paid a surviving common-law partner’s annuity unless the person was the common-law partner of the judge on the date when the reduced annuity began to be paid to the judge and at the time of the judge’s death.

(r) by repealing subsection (5.086);

(s) by repealing subsection (5.087);

(t) by repealing subsection (5.0871);

(u) by repealing subsection (5.0872);

(v) by repealing subsection (5.0873);

(w) by repealing subsection (5.0874);

(x) by repealing subsection (5.0875);

(y) by repealing subsection (5.0876);

(z) by repealing subsection (5.0877);

(aa) by repealing subsection (5.0878);

(bb) by repealing subsection (5.1) and substituting the following:

15(5.1) Subject to subsections (5.3) and 17.3(3) and (5), the surviving spouse of a judge is entitled to a surviving spouse’s annuity, if otherwise eligible, and the surviving common-law partner of that judge is not entitled to a surviving common-law partner’s annuity if

(a) the surviving spouse was married to the judge

(i) at the time of the judge’s death, or

(ii) on the date when the judge’s reduced annuity began to be paid if the judge made an election under subsection (5.01), (5.02) or (5.05), and

(b) the marriage of the surviving spouse and the judge was not a void or voidable marriage.

(cc) by adding after subsection (5.1) the following:

15(5.2) The spouse or common-law partner of a judge may enter into a written agreement with the judge that waives his or her entitlement to a surviving spouse’s annuity or surviving common-law partner’s annuity, as the case may be.

15(5.3) A surviving spouse is not entitled to a surviving spouse’s annuity and a surviving common-law partner is not entitled to a surviving common-law partner’s annuity if there is

(a) a valid written agreement referred to in subsection (5.2), or

(b) a decree, order or judgment of a competent tribunal that bars the claim of the surviving spouse or surviving common-law partner.

(dd) by repealing subsection (6) and substituting the following:

15(6) If a judge dies without leaving a surviving spouse or surviving common-law partner, or if a surviving spouse’s annuity or surviving common-law partner’s annuity is not payable or ceases to be payable under this Act, an annuity equal to the surviving spouse’s annuity or surviving common-law partner’s annuity that was being paid or could have been paid under subsection (4) shall be paid to the guardian of the judge’s children who are under the age of 18 years for their maintenance and education until they reach the age of 18 years.

26(7) Section 16 of the Act is amended

(a) in paragraph (a)

(i) by striking out “or to his surviving spouse and children” and substituting “or to his or her surviving spouse or surviving common-law partner, as the case may be, and his or her children”;

(ii) in the English version

(A) by striking “he” wherever it appears and substituting “he or she”;

(B) by striking out “him” and substituting “him or her”;

(b) in paragraph (b) by striking out “his surviving spouse and children if he” and substituting “his or her surviving spouse or surviving common-law partner, as the case may be, and his or her children if the judge”;

(i) by striking out “his” wherever it appears and substituting “his or her”;

(ii) by striking out “him” and substituting “him or her”.

26(8) Section 17.11 of the Act is amended

(a) by repealing subsection (2) and substituting the following:

17.11(2) Where a judge referred to in subsection (1) has died, the return of contributions and interest may only be made

(a) to his or her surviving spouse if the surviving spouse makes an application and was entitled to the surviving spouse’s annuity under section 15 at the time of the judge’s death, or

(b) if no person is paid under paragraph (a), to his or her surviving common-law partner if the surviving common-law partner makes an application and was entitled to the surviving common-law partner’s annuity under section 15 at the time of the judge’s death.

(b) by repealing subsection (3).

26(9) Section 17.3 of the Act is amended

(a) in subsection (1) of the French version

(ii) by striking out “à l’ordonnance, au jugement ou à l’arrêt” and substituting “à l’ordonnance ou au jugement”;

(b) by adding after subsection (1) the following:

17.3(1.1) Notwithstanding any other provision of this Act, where a competent tribunal makes a decree, order or judgment on or after the commencement of this subsection in relation to the division on the breakdown of a common-law partnership of a benefit that a judge, or a former judge, is or may be entitled to under this Act, the commuted value of the benefit shall be determined in accordance with the regulations as of the date of the breakdown of the common-law partnership and shall be divided in accordance with the decree, order or judgment of the tribunal.

17.3(2) The portion of the benefit to which the spouse or common-law partner of a judge, or of a former judge, is entitled under a decree, order or judgment referred to in subsection (1) or (1.1) shall be dealt with in accordance with the regulations.

(d) in subsection (3)

(i) by striking out the portion preceding paragraph (a) and substituting the following:

17.3(3) If a benefit has been divided under subsection (1) or (1.1), the spouse or common-law partner has no further right

(ii) by repealing paragraph (b) and substituting the following:

(b) to a surviving spouse’s annuity or surviving common-law partner’s annuity under section 15 with respect to the judge, or the former judge, or any other benefit or amount payable to the spouse or common-law partner under this Act by virtue of being the spouse or common-law partner of the judge, or the former judge, or

(e) in subsection (4) by striking out “that is entered into on or after January 1, 1997, provides” and substituting “is entered into on or after January 1, 1997, and provides”;

(f) by adding after subsection (4) the following:

17.3(4.1) Notwithstanding any other provision of this Act, where a written agreement in settlement of rights arising as a consequence of the breakdown of a common-law partnership is entered into on or after the commencement of this subsection and provides for the division on the breakdown of the common-law partnership of a benefit that a judge, or a former judge, is or may be entitled to under this Act, the commuted value of the benefit shall be determined as of the date of the breakdown of the common-law partnership in accordance with the regulations and shall be divided in accordance with the written agreement.

(g) in subsection (5) by striking out “subsection (4)” and substituting “subsection (4) or (4.1)”;

(h) by repealing subsection (7) and substituting the following:

17.3(7) A division of benefits under this section applies only in relation to benefits accrued between the date of marriage and the date of marriage breakdown or between the date of common-law partnership and the date of the breakdown of the common-law partnership, as the case may be.

26(10) Subsection 23(1) of the Act is amended

(a) in paragraph (i.2) by striking out “a spouse” and substituting “the spouse or common-law partner”;

(b) in paragraph (i.4) by striking out “on marriage breakdown” and substituting “on the breakdown of a marriage or common-law partnership”.

26(11) The English version of the Act is amended by striking out “his” wherever it appears in the following provisions and substituting “his or her”:

(a) section 6;

(b) paragraph 10(1)(d);

(d) section 22.2

(i) subsection (3);

(ii) subsection (6);

(e) subsection 22.3(3);

(f) section 22.4

(i) subsection (1);

(ii) subsection (2).

26(12) The English version of the Act is amended by striking out “he” wherever it appears in the following provisions and substituting “he or she”:

(a) subsection 15.2(6);

(b) section 22.2

(i) subsection (4);

(ii) subsection (5);

(iii) subsection (6).

26(13) The English version of the Act is amended by striking out “him” wherever it appears in the following provisions and substituting “him or her”:

(a) subsection 10.1(2);

(b) subsection 13(2)

(i) paragraph (a);

(ii) paragraph (b).

Amendments to Regulation under the Provincial Court Act

27(1) The heading “DIVISION OF BENEFITS ON MARRIAGE BREAKDOWN” preceding section 3.1 of New Brunswick Regulation 84-104 under the Provincial Court Act is repealed and the following is substituted:

DIVISION OF BENEFITS ON BREAKDOWN OF A MARRIAGE OR COMMON-LAW PARTNERSHIP

27(2) Section 3.1 of the Regulation is amended

(a) in subsection (1)

(ii) by adding the following definition in alphabetical order:

“common-law partner’s portion” means the portion of the portion of the benefit or commuted value of the benefit of a judge or a former judge computed under section 3.4 to which the common-law partner of the judge or the former judge is entitled on the breakdown of their common-law partnership under a written agreement in settlement of rights arising as a consequence of the breakdown of their common-law partnership or under a decree, order or judgment made by a competent tribunal; (allocation de conjoint de fait)

(b) in subsection (2) by repealing the definition “commuted value” and substituting the following:

“commuted value” means the value of a benefit that a judge or a former judge is or may be entitled to under the Act and that is to be divided under section 17.3 of the Act, which value is calculated in accordance with subsection 3.2(1), (2), (3) or (4), as the case may be, and as of the date of the breakdown of his or her marriage or common-law partnership. (valeur de rachat)

(c) in subsection (3) by striking out “the date of marriage breakdown” and substituting “the date of the breakdown of a marriage or common-law partnership”.

27(3) Section 3.2 of the Regulation is amended

(a) in subsection (3)

(i) in the portion preceding paragraph (a) by striking out “the date of marriage breakdown” and substituting “the date of the breakdown of his or her marriage or common-law partnership”;

(ii) in paragraph (b) by striking out “the date of marriage breakdown” and substituting “the date of the breakdown of the marriage or common-law partnership, as the case may be”;

(iii) in paragraph (c) by striking out “sections 3.3 to 3.9” and substituting “sections 3.4 to 3.9”;

(b) in subsection (4)

(i) in the portion preceding paragraph (a) by striking out “on marriage breakdown” and substituting “on the breakdown of his or her marriage or common-law partnership”;

(ii) in paragraph (a) by striking out “the date of marriage breakdown” and substituting “the date of the breakdown of the marriage or common-law partnership”;

(iii) in paragraph (b) by striking out “sections 3.3 to 3.9” and substituting “sections 3.4 to 3.9”.

27(4) Section 3.3 of the Regulation is repealed.

27(5) Subsection 3.4(1) of the Regulation is amended

(a) in the portion preceding the formula by striking out “on marriage breakdown” and substituting “on the breakdown of his or her marriage or common-law partnership”;

(b) in the explanation of “p” in the formula by striking out “on marriage breakdown” and substituting “on the breakdown of the marriage or common-law partnership”;

27(6) Section 3.5 of the Regulation is amended

(a) in subsection (1)

(i) in the portion preceding paragraph (a) by striking out “spouse” and substituting “spouse or common-law partner”;

(ii) in paragraph (a) by striking out “spouse” and substituting “spouse or common-law partner”;

(iii) in paragraph (b) by striking out “spouse” and substituting “spouse or common-law partner”;

(b) in subsection (2)

(i) by striking out “spouse” wherever it appears and substituting “spouse or common-law partner”;

(ii) by striking out “fails to direct the Minister in accordance with subsection (1)” and substituting “fails to direct the Minister to make the transfer or purchase in accordance with subsection (1)”;

(iii) by striking out “as a consequence of marriage breakdown” and substituting “as a consequence of the breakdown of their marriage or common-law partnership”;

(i) by striking out “to which the spouse” and substituting “to which the spouse or common-law partner”;

(ii) by striking out “to the spouse” and substituting “to the spouse or common-law partner, as the case may be,”.

27(7) Section 3.6 of the Regulation is amended

(a) by adding after subsection (1) the following:

3.6(1.1) If the commuted value of a benefit of a judge or a former judge is divided under section 17.3 of the Act, the common-law partner’s portion shall be credited with interest at a rate not lower than the rate in subsection (2) from the date of the breakdown of their common-law partnership to the date on which the common-law partner’s portion is transferred or used for a purchase under section 3.5.

(b) in subsection (2) by striking out “subsection (1)” and substituting “subsection (1) or (1.1)”.

27(8) Section 3.7 of the Regulation is amended

(a) in subsection (1) by striking out “less the spouse’s portion, including any escalated adjustment calculated in accordance with the escalation formula in effect under the Act on the date of marriage breakdown, between the date of marriage breakdown and the date of retirement, resignation or removal from office” and substituting “less the spouse’s portion or common-law partner’s portion, including any escalated adjustment calculated in accordance with the escalation formula in effect under the Act on the date of the breakdown of their marriage or common-law partnership, as the case may be, between the date of the breakdown of the marriage or common-law partnership and the date of retirement, resignation or removal from office”;

(c) in subsection (4) by striking out “the date of marriage breakdown” and substituting “the date of the breakdown of his or her marriage or common-law partnership, as the case may be”;

(d) in subsection (5)

(iii) in the explanation of “p” in the formula by striking out “spouse’s portion” and substituting “spouse’s portion or common-law partner’s portion, as the case may be,”.

27(9) Section 3.8 of the Regulation is amended

(a) in subsection (1)

(i) by striking out “to which the spouse” and substituting “to which the spouse or common-law partner”;

(iii) by striking out “the date of marriage breakdown” and substituting “the date of the breakdown of their marriage or common-law partnership, as the case may be,”;

(b) in subsection (2)

(i) in the portion preceding the formula by striking out “spouse’s share” and substituting “spouse’s share or common-law partner’s share”;

(ii) in the explanation of “D” in the formula by striking out “spouse’s share” and substituting “spouse’s share or common-law partner’s share, as the case may be”;

(iv) in the explanation of “p” in the formula by striking out “spouse’s portion” and substituting “spouse’s portion or common-law partner’s portion, as the case may be,”.

27(10) Section 3.9 of the Regulation is amended by striking out “on a second or subsequent marriage breakdown” and substituting “on the breakdown of a second or subsequent marriage or common-law partnership”.

Provincial Court Judges’ Pension Act

Amendments to the Provincial Court Judges’ Pension Act

28(1) Section 1 of the Provincial Court Judges’ Pension Act, chapter P-21.1 of the Acts of New Brunswick, 2000, is amended

(a) in the definition “benefit”

(i) by striking out “a surviving spouse’s pension” and substituting “a surviving spouse’s pension, a surviving common-law partner’s pension”;

(ii) by striking out “a judge’s spouse” and substituting “a judge’s spouse, common-law partner”;

(b) by repealing the definition “spouse”;

“common-law partner” means (conjoint de fait)

(a) in the case of the death of a judge,

(i) subject to subparagraph (ii), if the judge was not being paid an annual pension on the date of the judge’s death, a person who, not being married to the judge, was cohabiting in a conjugal relationship with the judge on the date of the judge’s death and was cohabiting in a conjugal relationship with the judge for a continuous period of at least 2 years immediately before the judge’s death;

(ii) if the judge was not being paid an annual pension on the date of the judge’s death because his or her entitlement to the pension was suspended under section 29, a person who, not being married to the judge, was cohabiting in a conjugal relationship with the judge on the date when the annual pension began to be paid and on the date of the judge’s death and was cohabiting in a conjugal relationship with the judge for a continuous period of at least 2 years immediately before the date when the annual pension began to be paid; or

(iii) if the judge was being paid an annual pension on the date of the judge’s death, a person who, not being married to the judge, was cohabiting in a conjugal relationship with the judge on the date when the annual pension began to be paid and on the date of the judge’s death and was cohabiting in a conjugal relationship with the judge for a continuous period of at least 2 years immediately before the date when the annual pension began to be paid; or

(b) in the case of a division of a benefit under section 26, a person who, not being married to a judge, was cohabiting in a conjugal relationship with the judge for a continuous period of at least 2 years immediately before the date of the breakdown of their common-law partnership;

“common-law partnership” means the relationship between a judge and his or her common-law partner; (union de fait)

“surviving common-law partner’s pension” means a pension described in section 9; (pension de conjoint de fait survivant)

28(2) The Act is amended by adding after section 1 the following:

Status as a common-law partner

1.01 To establish that he or she is a common-law partner, a person shall provide the Minister with a statutory declaration accompanied by proof acceptable to the Minister.

28(3) The heading “Matters concerning marriage” preceding section 3 of the Act is repealed and the following is substituted:

Determination of date of marriage or common-law partnership

28(4) Section 3 of the Act is repealed and the following is substituted:

3(1) Subject to subsections (2) and (3), for the purposes of this Act and the regulations, the date of marriage of a judge and his or her spouse is

(a) if they were married to each other, the date on which they were married,

(b) if they were parties to a voidable marriage, the date on which they were married, or

3(2) If, by reason of the operation of subsection (1), more than one date could be the date of marriage of 2 persons, the date of marriage of the 2 persons shall be deemed to be the earlier or earliest of those dates.

3(3) If a judge was cohabiting in a conjugal relationship with his or her spouse immediately before their marriage, the date of marriage shall be deemed to be the date on which they commenced to cohabit in a conjugal relationship.

3(4) For the purposes of this Act and the regulations, the date of common-law partnership of a judge and his or her common-law partner is the date on which they commenced to cohabit in a conjugal relationship.

28(5) The Act is amended by adding after section 3 the following:

Deemed cohabitation where illness or mental or physical infirmity

3.1 If a judge and the person with whom the judge was cohabiting in a conjugal relationship are no longer cohabiting by reason only of the illness or mental or physical infirmity of either of them, they shall be deemed to continue to be cohabiting in a conjugal relationship.

28(6) Subsection 5(4) of the Act is amended by striking out “spouse” and substituting “spouse, common-law partner”.

28(7) Section 7 of the Act is amended

(a) by repealing subsection (2) and substituting the following:

7(2) If a judge dies and, at the date of death, would not have been entitled to be paid any annual pension under this Act and would not have been entitled to be paid any annuity under the Provincial Court Act, the sum of money referred to in subsection (1) shall be paid

(a) to the judge’s surviving spouse if he or she can be found and would have been entitled to the surviving spouse’s pension under section 9, or to a surviving spouse’s annuity under the Provincial Court Act, had the judge been entitled to be paid an annual pension under this Act or an annuity under the Provincial Court Act on the date of death,

(b) if no person can be paid under paragraph (a), to the judge’s surviving common-law partner if he or she can be found and would have been entitled to the surviving common-law partner’s pension under section 9, or to a surviving common-law partner’s annuity under the Provincial Court Act, had the judge been entitled to be paid an annual pension under this Act or an annuity under the Provincial Court Act on the date of death,

(d) if no person can be paid under paragraph (a), (b) or (c), to the judge’s estate.

(b) in subsection (3) by striking out “Subsections 9(8) and (9)” and substituting “Subsections 9(8) to (11)”.

28(8) The heading “Surviving spouse’s pension” preceding section 9 of the Act is repealed and the following is substituted:

Surviving spouse’s pension or surviving common-law partner’s pension

28(9) Section 9 of the Act is amended

(a) in subsection (1) by striking out the portion preceding paragraph (a) and substituting the following:

9(1) Subject to subsections (8) to (11) and 26(4) and (6) and section 28, the surviving spouse or surviving common-law partner of a judge is immediately entitled, on the judge’s death, to be paid a surviving spouse’s pension or surviving common-law partner’s pension, as the case may be, calculated in accordance with subsection (3), (4), (5), (6) or (7), as the case may be, if the judge, at that time

(b) in subsection (2) by adding “and a surviving common-law partner’s pension ceases upon that surviving common-law partner’s death” after “surviving spouse’s death”;

(c) in subsection (3) by striking out “The amount of a surviving spouse’s pension to be paid to the surviving spouse of a judge” and substituting “The amount of a surviving spouse’s pension or surviving common-law partner’s pension to be paid to the surviving spouse or surviving common-law partner, as the case may be, of a judge”;

(d) in subsection (4) by striking out “The amount of a surviving spouse’s pension to be paid to the surviving spouse of a judge” and substituting “The amount of a surviving spouse’s pension or surviving common-law partner’s pension to be paid to the surviving spouse or surviving common-law partner, as the case may be, of a judge”;

(e) in subsection (5) by striking out “The amount of a surviving spouse’s pension to be paid to the surviving spouse of a judge” and substituting “The amount of a surviving spouse’s pension or surviving common-law partner’s pension to be paid to the surviving spouse or surviving common-law partner, as the case may be, of a judge”;

(f) in subsection (6) by striking out “The amount of a surviving spouse’s pension to be paid to the surviving spouse of a judge” and substituting “The amount of a surviving spouse’s pension or surviving common-law partner’s pension to be paid to the surviving spouse or surviving common-law partner, as the case may be, of a judge”;

(g) in subsection (7) by striking out “the amount of a surviving spouse’s pension to be paid to the surviving spouse of a judge” and substituting “the amount of a surviving spouse’s pension or surviving common-law partner’s pension to be paid to the surviving spouse or surviving common-law partner, as the case may be, of a judge”;

(h) in subsection (8) by striking out “the judge’s surviving spouse’s pension” and substituting “a surviving spouse’s pension”;

(i) by adding after subsection (8) the following:

9(8.1) Notwithstanding anything else in this Act, if a judge who is being paid an annual pension dies, no person is entitled to be paid a surviving common-law partner’s pension unless the person was the common-law partner of the judge on the date when the annual pension began to be paid to the judge and on the date of the judge’s death.

(j) by repealing subsection (9) and substituting the following:

9(9) Subject to subsections (11) and 26(4) and (6), the surviving spouse of a judge is entitled to a surviving spouse’s pension, if otherwise eligible, and the surviving common-law partner of that judge is not entitled to a surviving common-law partner’s pension if

(a) the surviving spouse was married to the judge

(i) on the date of the judge’s death, or

(ii) in a case described in subsection (8), on the date when an annual pension began to be paid to the judge, and

(b) the marriage of the surviving spouse and the judge was not a void or voidable marriage.

(k) by adding after subsection (9) the following:

9(10) The spouse or common-law partner of a judge may enter into a written agreement with the judge that waives his or her entitlement to a surviving spouse’s pension or surviving common-law partner’s pension, as the case may be.

9(11) A surviving spouse is not entitled to a surviving spouse’s pension and a surviving common-law partner is not entitled to a surviving common-law partner’s pension if there is

(a) a valid written agreement referred to in subsection (10), or

(b) a decree, order or judgment of a competent tribunal that bars the claim of the surviving spouse or surviving common-law partner.

28(10) Subsection 10(1) of the Act is repealed and the following is substituted:

10(1) Subject to subsection 11(9), if a judge described in subsection 9(1) does not leave a surviving spouse or surviving common-law partner or if a surviving spouse’s pension or surviving common-law partner’s pension is not payable or ceases to be payable under this Act, a dependent children’s pension equal to the surviving spouse’s pension or surviving common-law partner’s pension that was being or could have been paid under section 9 shall be paid in equal shares to the judge’s dependent children.

28(11) The heading “Election of judge with spouse” preceding section 11 of the Act is amended by striking out “spouse” and substituting “spouse or common-law partner”.

28(12) Section 11 of the Act is amended

(a) in subsection (1)

(i) by striking out “If a judge has a spouse” and substituting “If a judge has a spouse or common-law partner”;

(ii) by striking out “the judge’s surviving spouse” and substituting “the judge’s surviving spouse or surviving common-law partner, as the case may be,”;

(b) in subsection (2) by striking out “an increased surviving spouse’s pension” and substituting “an increased surviving spouse’s pension or an increased surviving common-law partner’s pension”;

(i) by striking out “the judge’s surviving spouse” and substituting “the judge’s surviving spouse or surviving common-law partner, as the case may be,”;

(ii) by striking out “the judge and the surviving spouse” and substituting “the judge and his or her surviving spouse or surviving common-law partner”;

(d) in subsection (4) by striking out “to the judge’s surviving spouse and estate” and substituting “to his or her surviving spouse or surviving common-law partner, as the case may be, and his or her estate”;

(e) by repealing subsection (5) and substituting the following:

11(5) If a judge makes an election under subsection (4), the amount of the reduced annual pension of the judge, of the increased annual pension of the judge’s surviving spouse or surviving common-law partner, as the case may be, and of any payment that might be made to the judge’s estate in total shall be the actuarial equivalent of the total amount of the annual pension that the judge and his or her surviving spouse or surviving common-law partner would or could have been paid if the election had not been made.

(f) in subsection (6)

(i) by striking out the portion preceding paragraph (a) and substituting the following:

11(6) If a judge elects to be paid a reduced annual pension under subsection (4) and dies during the guarantee period of 5, 10 or 15 years selected by the judge, his or her surviving spouse or surviving common-law partner who would be entitled to receive a surviving spouse’s pension or surviving common-law partner’s pension, as the case may be, under section 9 is entitled to receive, instead of that surviving spouse’s pension or surviving common-law partner’s pension, an annual pension

(ii) in paragraph (b) by striking out “for the spouse’s lifetime” and substituting “for the lifetime of the spouse or common-law partner, as the case may be,”;

(g) by repealing subsection (7) and substituting the following:

11(7) If a judge elects to be paid a reduced annual pension under subsection (4) and both the judge and his or her spouse or common-law partner die during the guarantee period selected by the judge, the judge’s estate shall be paid a lump sum equal to the actuarial equivalent of the balance of the reduced annual pension payments that the judge or, if his or her spouse or common-law partner survives the judge, his or her spouse or common-law partner, would have been paid during the remainder of the selected guarantee period if the judge and his or her spouse or common-law partner had not died during that period.

(h) in subsection (8) by striking out “the judge’s spouse” and substituting “the judge’s spouse or common-law partner”;

(i) in subsection (9) by striking out “the judge’s surviving spouse” and substituting “the judge’s surviving spouse or surviving common-law partner”;

(j) in paragraph (10)(a) by striking out “the increased surviving spouse’s pension” and substituting “the increased surviving spouse’s pension or the increased surviving common-law partner’s pension, as the case may be,”.

28(13) The heading “Election of judge with no spouse and no dependent child” preceding section 12 of the Act is amended by striking out “no spouse” and substituting “no spouse or common-law partner”.

28(14) Subsection 12(1) of the Act is amended by striking out “no spouse” and substituting “no spouse or common-law partner”.

28(15) Paragraph 16(a) of the Act is amended by striking out “surviving spouse” and substituting “surviving spouse, surviving common-law partner”.

28(16) Subsection 21(1) of the Act is amended by striking out “spouses” and substituting “spouses, common-law partners”.

28(17) Section 23 of the Act is amended

(a) by striking out “to their same spouses” and substituting “to their same spouses, common-law partners”;

(b) by striking out “surviving spouse’s pensions” and substituting “surviving spouse’s pensions, surviving common-law partner’s pensions”.

28(18) Section 24 of the Act is amended by striking out “spouses” and substituting “spouses, common-law partners”.

28(19) The heading “Division of benefits on marriage breakdown” preceding section 26 of the Act is repealed and the following is substituted:

Division of benefits on breakdown of a marriage or common-law partnership

28(20) Section 26 of the Act is amended

(a) in subsection (1) in the definition “benefit” by striking out “a surviving spouse’s pension” and substituting “a surviving spouse’s pension, a surviving common-law partner’s pension”;

(b) in subsection (2)

(i) by striking out “an active or inactive judge” and substituting “a judge”;

(ii) in the French version

(A) by striking out “un arrêt, une ordonnance” and substituting “une ordonnance”;

(B) by striking out “à la répartition à la rupture du mariage d’une prestation” and substituting “à la répartition, à la rupture du mariage, d’une prestation”;

26(2.1) Notwithstanding anything else in this Act except subsections (7) and 37(15), if a competent tribunal makes a decree, order or judgment on or after the commencement of this subsection in relation to the division on the breakdown of a common-law partnership of a benefit that a judge is or may be entitled to under this Act, the commuted value of the benefit shall be determined in accordance with the regulations as of the date of the breakdown of the common-law partnership and shall be divided in accordance with the decree, order or judgment of the tribunal.

(d) by repealing subsection (3) and substituting the following:

26(3) The portion of the benefit to which the spouse or common-law partner of a judge is entitled under a decree, order or judgment referred to in subsection (2) or (2.1) shall be dealt with in accordance with the regulations.

(e) in subsection (4)

(i) by striking out the portion preceding paragraph (a) and substituting the following:

26(4) If a benefit has been divided under subsection (2) or (2.1), the benefit of the judge shall be revalued in accordance with the regulations and the spouse or common-law partner has no further right

(ii) in paragraph (a) by striking out “active or inactive”;

(iii) by repealing paragraph (b) and substituting the following:

(b) to a surviving spouse’s pension or surviving common-law partner’s pension under section 9 with respect to the judge, or any other benefit or amount payable to the spouse or common-law partner under this Act by virtue of being the spouse or common-law partner of the judge, or

(f) in subsection (5)

(i) by striking out “an active or inactive judge” and substituting “a judge”;

(ii) in the French version

(A) by striking out “de droits survenant en conséquence” and substituting “des droits découlant”;

(B) by striking out “la répartition à la rupture du mariage d’une prestation” and substituting “la répartition, à la rupture du mariage, d’une prestation”;

(g) by adding after subsection (5) the following:

26(5.1) Notwithstanding anything else in this Act except subsections (7) and 37(15), if a written agreement in settlement of rights arising as a consequence of the breakdown of a common-law partnership is entered into on or after the commencement of this subsection and provides for the division on the breakdown of the common-law partnership of a benefit that a judge is or may be entitled to under this Act, the commuted value of the benefit shall be determined as of the date of the breakdown of the common-law partnership in accordance with the regulations and shall be divided in accordance with the written agreement.

(h) in subsection (6) by striking out “subsection (5)” and substituting “subsection (5) or (5.1)”;

(i) in subsection (8) by striking out “an active or inactive judge” and substituting “a judge”;

(j) by repealing subsection (9) and substituting the following:

26(9) A division of a benefit under this section applies only in relation to a benefit accrued between the date of marriage and the date of marriage breakdown or between the date of common-law partnership and the date of the breakdown of the common-law partnership, as the case may be.

28(21) Section 28 of the Act is repealed and the following is substituted:

28 If a benefit, other than a return of contributions, becomes payable under this Act, it shall be paid in equal monthly installments in arrears and shall continue, unless otherwise provided for in this Act, during the lifetime of the recipient, until the end of the month in which he or she dies and any amount of the monthly installment in arrears that remains unpaid on the date of his or her death shall be paid

(a) if the recipient was a judge, to the recipient’s surviving spouse if he or she can be found and is entitled to the surviving spouse’s pension under section 9,

(b) if the recipient was a judge and no person can be paid under paragraph (a), to the recipient’s surviving common-law partner if he or she can be found and is entitled to the surviving common-law partner’s pension under section 9,

(c) if no person can be paid under paragraph (a) or (b), in equal shares to the recipient’s children who can be found, or

(d) if no person can be paid under paragraph (a), (b) or (c), to the recipient’s estate.

28(22) Paragraph 31(a) of the Act is repealed and the following is substituted:

(a) assignment does not include

(i) assignment under a decree, order or judgment of a competent tribunal or a written agreement in settlement of rights arising as a consequence of the breakdown of a marriage between a judge and his or her spouse or former spouse or the breakdown of a common-law partnership between a judge and his or her common-law partner or former common-law partner, or

(ii) assignment by the legal representative of a deceased judge on the distribution of the judge’s estate, and

28(23) Section 32 of the Act is amended by striking out “a surviving spouse’s pension or any other benefit or amount payable to the judge by virtue of being the surviving spouse of another judge” and substituting “a surviving spouse’s pension or a surviving common-law partner’s pension or any other benefit or amount payable to the judge by virtue of being the surviving spouse or surviving common-law partner of another judge”.

28(24) Subsection 36(1) of the Act is amended

(a) in paragraph (f) by striking out “spouse of an active or inactive judge” and substituting “spouse or common-law partner of a judge”;

(b) in paragraph (i) by striking out “on marriage breakdown” and substituting “on the breakdown of a marriage or common-law partnership”.

28(25) Section 37 of the Act is amended

(a) in subsection (1)

(i) in the English version by striking out the semicolon at the end of the definition “benefit” and substituting a period;

(ii) by repealing the definition “financial loss”;

(b) in subsection (2) by striking out “spouse” and substituting “spouse, common-law partner”;

(i) in the portion preceding paragraph (a) by striking out “spouse” and substituting “spouse, common-law partner”;

(ii) in paragraph (e) by striking out “spouse” and substituting “spouse, common-law partner”;

(iii) in paragraph (f) by striking out “spouse” and substituting “spouse, common-law partner”;

(d) in subsection (4)

(i) by striking out “Subject to subsection (10) and paragraph (15)(c)” and substituting “Subject to paragraph (15)(c)”;

(ii) by striking out “spouse” wherever it appears and substituting “spouse, common-law partner”;

(e) in subsection (6)

(i) in paragraph (a)

(A) by striking out “whether the judge, spouse” and substituting “whether the judge, spouse, common-law partner”;

(B) by striking out “shall forthwith serve the judge, spouse” and substituting “shall forthwith serve the judge, spouse, common-law partner”;

(ii) in paragraph (b) by striking out “spouse” and substituting “spouse, common-law partner”;

(f) in subsection (7)

(i) in the portion preceding paragraph (a) by striking out “spouse” and substituting “spouse, common-law partner”;

(ii) in paragraph (b) by striking out “spouse” and substituting “spouse, common-law partner”;

(iii) in paragraph (c) by striking out “spouse” and substituting “spouse, common-law partner”;

(g) by repealing subsection (10);

(h) by repealing subsection (11);

(i) by repealing subsection (12);

(j) in subsection (13)

(i) in paragraph (a) by striking out “spouse” and substituting “spouse, common-law partner”;

(ii) in paragraph (b)

(A) by striking out “spouse’s portion” and substituting “spouse’s portion or common-law partner’s portion”;

(B) by striking out “on marriage breakdown” and substituting “on the breakdown of a marriage or common-law partnership”;

(k) in subsection (15)

(i) in the portion preceding paragraph (a)

(A) by striking out “on marriage breakdown” and substituting “on the breakdown of a marriage or common-law partnership”;

(B) in the French version by striking out “un arrêt, une ordonnance ou un jugement” and substituting “une ordonnance, un jugement”;

(ii) in paragraph (a) by striking out “spouse’s portion” and substituting “spouse’s portion or common-law partner’s portion”;

(iii) in paragraph c) of the French version by striking out “de l’arrêt, de l’ordonnance” and substituting “de l’ordonnance”;

(l) in subsection (16) by striking out “on marriage breakdown” and substituting “on the breakdown of his or her marriage or common-law partnership”.

Amendments to Regulation under the Provincial Court Judges’ Pension Act

29(1) Subsection 4(5) of New Brunswick Regulation 2000-8 under the Provincial Court Judges’ Pension Act is amended

(a) by striking out “to the spouse” and substituting “to the spouse, common-law partner”;

(b) by striking out “of the judge, spouse” and substituting “of the judge, spouse, common-law partner”;

29(2) The heading “DIVISION OF BENEFITS ON MARRIAGE BREAKDOWN” preceding section 5 of the Regulation is repealed and the following is substituted:

DIVISION OF BENEFITS ON BREAKDOWN OF A MARRIAGE OR COMMON-LAW PARTNERSHIP

29(3) Section 5 of the Regulation is amended

(a) in subsection (1)

(i) in the definition “spouse’s portion”

(A) by striking out “an active or inactive judge” and substituting “a judge”;

(B) in the French version by striking out “d’un arrêt, d’une ordonnance ou d’un jugement rendu par un tribunal compétent ou en vertu d’une entente écrite en règlement de droits survenant en conséquence” and substituting “d’une ordonnance ou d’un jugement rendu par un tribunal compétent ou en vertu d’une entente écrite en règlement des droits découlant”;

(ii) by adding the following definition in alphabetical order

“common-law partner’s portion” means the portion of the portion of the benefit or commuted value of the benefit of a judge computed under section 7 to which the common-law partner of the judge is entitled on the breakdown of their common-law partnership under a decree, order or judgment made by a competent tribunal or under a written agreement in settlement of rights arising as a consequence of the breakdown of their common-law partnership; (allocation de conjoint de fait)

(b) in subsection (2) in the definition “commuted value” by striking out the portion preceding paragraph (a) and substituting the following:

“commuted value” means the value of a benefit that a judge is or may be entitled to under the Act and that is to be divided under section 26 of the Act, which value is calculated as of the date of the breakdown of his or her marriage or common-law partnership and shall be

29(4) Section 6 of the Regulation is amended

(a) in subsection (1)

(i) in the portion preceding paragraph (a)

(A) by striking out “on marriage breakdown” and substituting “on the breakdown of his or her marriage or common-law partnership”;

(B) by striking out “the date of marriage breakdown” and substituting “the date of the breakdown of the marriage or common-law partnership, as the case may be”;

(ii) in paragraph (b) by striking out “the date of marriage breakdown” and substituting “the date of the breakdown of the marriage or common-law partnership”;

(iii) in paragraph (f) by striking out “the date of marriage breakdown” and substituting “the date of the breakdown of the marriage or common-law partnership”;

(b) in subsection (2)

(i) in the portion preceding paragraph (a) by striking out “on marriage breakdown” and substituting “on the breakdown of his or her marriage or common-law partnership”;

(ii) in paragraph (a) by striking out “the date of marriage breakdown” and substituting “the date of the breakdown of the marriage or common-law partnership”;

(i) in the portion preceding paragraph (a)

(A) by striking out “on marriage breakdown” and substituting “on the breakdown of his or her marriage or common-law partnership”;

(B) by striking out “the date of marriage breakdown” and substituting “the date of the breakdown of the marriage or common-law partnership, as the case may be”;

(ii) in paragraph (a) by striking out “the date of marriage breakdown” and substituting “the date of the breakdown of the marriage or common-law partnership”.

29(5) The heading “Portion of commuted value to be divided on marriage breakdown” preceding section 7 of the Regulation is repealed and the following is substituted:

Calculation of portion of commuted value to be divided on the breakdown of a marriage or common-law partnership

29(6) Section 7 of the Regulation is amended

(a) in the portion preceding the formula by striking out “the benefit of an active or inactive judge that may be divided on marriage breakdown” and substituting “the benefit of a judge that may be divided on the breakdown of his or her marriage or common-law partnership”;

(b) in the explanation of “p” in the formula by striking out “on marriage breakdown” and substituting “on the breakdown of the marriage or common-law partnership”;

(c) in the explanation of “a” in the formula by adding “, or between the date of common-law partnership and the date of the breakdown of the common-law partnership, inclusive, as the case may be” after “inclusive”;

(d) in the explanation of “b” in the formula by striking out “the date of marriage breakdown” and substituting “the date of the breakdown of the marriage or common-law partnership”.

29(7) The heading “Disposition of portion of benefit by spouse” preceding section 8 of the Regulation is amended by striking out “spouse” and substituting “spouse or common-law partner”.

29(8) Section 8 of the Regulation is amended

(a) in subsection (1)

(i) in the portion preceding paragraph (a) by striking out “the spouse of an active or inactive judge” and substituting “the spouse or common-law partner of a judge”;

(ii) in paragraph (a) by striking out “spouse” and substituting “spouse or common-law partner”;

(iii) in paragraph (b) by striking out “spouse” and substituting “spouse or common-law partner”;

(b) in subsection (2)

(i) by striking out “spouse” wherever it appears and substituting “spouse or common-law partner”;

(ii) by striking out “an active or inactive judge” and substituting “a judge”;

(iii) in the French version by striking out “celle de l’arrêt, de l’ordonnance” and substituting “celle de l’ordonnance”;

(iv) by striking out “as a consequence of marriage breakdown” and substituting “as a consequence of the breakdown of their marriage or common-law partnership”;

(i) by striking out “to which the spouse of an active or inactive judge” and substituting “to which the spouse or common-law partner of a judge”;

(ii) by striking out “to the spouse” and substituting “to the spouse or common-law partner, as the case may be,”.

29(9) The heading “Interest on spouse’s portion” preceding section 9 of the Regulation is amended by striking out “on spouse’s portion” and substituting “on spouse’s portion or common-law partner’s portion”.

29(10) Section 9 of the Regulation is amended

(a) by renumbering the section as subsection 9(1);

(b) in subsection (1) by striking out “an active or inactive judge” and substituting “a judge”;

9(2) If the commuted value of a benefit of a judge is divided under section 26 of the Act, the common-law partner’s portion shall be credited with interest at the rate calculated in accordance with section 13 from the date of the breakdown of their common-law partnership to the date on which the common-law partner’s portion is transferred or used for a purchase under section 8.

29(11) Section 10 of the Regulation is amended

(a) in subsection (1) by striking out “after deducting the portion of the annual pension to which the spouse is entitled on the date of marriage breakdown, including any annual adjustment provided for under section 25 of the Act between the date of marriage breakdown and the date of retirement” and substituting “after deducting the portion of the annual pension to which the spouse or common-law partner is entitled on the date of the breakdown of their marriage or common-law partnership, as the case may be, including any annual adjustment provided for under section 25 of the Act between the date of the breakdown of the marriage or common-law partnership and the date of retirement”;

(b) in subsection (2) by striking out “after deducting the portion of the annual pension to which the spouse is entitled on the date of marriage breakdown, including any annual adjustment provided for under section 25 of the Act between the date of marriage breakdown and the date of the revaluation” and substituting “after deducting the portion of the annual pension to which the spouse or common-law partner is entitled on the date of the breakdown of their marriage or common-law partnership, as the case may be, including any annual adjustment provided for under section 25 of the Act between the date of the breakdown of the marriage or common-law partnership and the date of revaluation”;

(i) in the portion preceding paragraph (a) by striking out “on marriage breakdown” and substituting “on the breakdown of a marriage or common-law partnership”;

(ii) in paragraph (a) by striking out “after deducting the portion of the annual pension being paid under that Part to which the spouse is entitled on the date of marriage breakdown, including any annual adjustment provided for under section 25 of the Act between the date of marriage breakdown and the date of revaluation” and substituting “after deducting the portion of the annual pension being paid under that Part to which the spouse or common-law partner is entitled on the date of the breakdown of their marriage or common-law partnership, as the case may be, including any annual adjustment provided for under section 25 of the Act between the date of the breakdown of the marriage or common-law partnership and the date of revaluation”;

(iii) in paragraph (b) by striking out “after deducting the portion of the annual supplementary allowance and supplementary payments payable under that Part to which the spouse is entitled on the date of marriage breakdown, including any annual adjustment provided for under section 25 of the Act between the date of marriage breakdown and the date of revaluation” and substituting “after deducting the portion of the annual supplementary allowance and supplementary payments payable under that Part to which the spouse or common-law partner is entitled on the date of the breakdown of their marriage or common-law partnership, as the case may be, including any annual adjustment provided for under section 25 of the Act between the date of the breakdown of the marriage or common-law partnership and the date of revaluation”;

(d) in subsection (4)

(i) by striking out “an active or inactive judge” and substituting “a judge”;

(ii) by striking out “the date of marriage breakdown” and substituting “the date of the breakdown of his or her marriage or common-law partnership, as the case may be”;

(e) in subsection (5)

(i) in the explanation of “a” in the formula by adding “, or between the date of common-law partnership and the date of the breakdown of the common-law partnership, inclusive, as the case may be” after “inclusive”;

(ii) in the explanation of “b” in the formula by striking out “the date of marriage breakdown” and substituting “the date of the breakdown of his or her marriage or common-law partnership”;

(iii) in the explanation of “m” in the formula by striking out “the date of marriage breakdown” and substituting “the date of the breakdown of the marriage or common-law partnership”;

(iv) in the explanation of “p” in the formula by striking out “spouse’s portion” and substituting “spouse’s portion or common-law partner’s portion, as the case may be,”.

29(12) The heading “Reduction of spouse’s portion” preceding section 11 of the Regulation is amended by striking out “spouse’s portion” and substituting “spouse’s portion or common-law partner’s portion”.

29(13) Section 11 of the Regulation is amended

(a) by repealing subsection (1) and substituting the following:

11(1) The portion of the benefit to which the spouse or common-law partner of a judge is entitled under section 26 of the Act shall be reduced by the spouse’s share or common-law partner’s share, as the case may be and as calculated under subsection (2), of any payments of an annual pension that are made between the date of the breakdown of their marriage or common-law partnership, as the case may be, and the earlier of the date of a transfer or purchase under subsection 8(1) and the date of revaluation of benefits under section 10.

(b) in subsection (2)

(i) in the portion preceding the formula by striking out “spouse’s share” and substituting “spouse’s share or common-law partner’s share”;

(ii) in the explanation of “D” in the formula by striking out “spouse’s share” and substituting “spouse’s share or common-law partner’s share, as the case may be”;

(iv) in the explanation of “p” in the formula by striking out “spouse’s portion” and substituting “spouse’s portion or common-law partner’s portion, as the case may be,”.

29(14) The heading “Application of sections 5 to 11 to division of benefits on second or subsequent marriage breakdown” preceding section 12 of the Regulation is repealed and the following is substituted:

Breakdown of a subsequent marriage or common-law partnership

29(15) Section 12 of the Regulation is amended by striking out “on a second or subsequent marriage breakdown” and substituting “on the breakdown of a second or subsequent marriage or common-law partnership”.

Provision for Dependants Act

Amendments to the Provision for Dependants Act

30 Section 1 of the English version of the Provision for Dependants Act, chapter P-22.3 of the Revised Statutes, 1973, is amended in paragraph (a) of the definition “dependant” by striking out “wife, husband” and substituting “spouse”.

Public Service Superannuation Act

Amendments to the Public Service Superannuation Act

31(1) Section 1 of the Public Service Superannuation Act, chapter P-26 of the Revised Statutes, 1973, is amended

(a) in subsection (1)

(i) in the definition “benefit” by striking out “surviving spouse’s pension” and substituting “surviving spouse’s pension, surviving common-law partner’s pension”;

(ii) in the English version of the definition “return of contributions” by striking out “him” and substituting “him or her”;

(iii) by repealing the definition “spouse”;

(iv) in the French version of the definition « traitement » by striking out the period at the end of the definition and substituting a semicolon;

(v) by adding the following definitions in alphabetical order:

“common-law partner” means (conjoint de fait)

(a) in the case of the death of a contributor, a person who, not being married to the contributor, was cohabiting in a conjugal relationship with the contributor at the time of the contributor’s death and was cohabiting in a conjugal relationship with the contributor for a continuous period of at least 2 years immediately before the contributor’s death, or

(b) in the case of a division of a benefit under section 19.1, a person who, not being married to a contributor or former contributor, was cohabiting in a conjugal relationship with the contributor or former contributor for a continuous period of at least 2 years immediately before the date of the breakdown of their common law partnership;

“common-law partnership” means the relationship between a contributor and his or her common-law partner; (union de fait)

“surviving common-law partner’s pension” means a pension described in section 11; (pension de conjoint de fait survivant)

(b) in subsection (2) of the English version by striking out “he” and substituting “he or she”;

31(2) The Act is amended by adding after section 1 the following:

Status as a common-law partner

1.01 To establish that he or she is a common-law partner, a person shall provide the Minister with a statutory declaration accompanied by proof acceptable to the Minister.

31(3) Section 1.1 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

1.1(1) Subject to subsections (2) and (2.1), for the purposes of this Act and the regulations, the date of marriage of a contributor and his or her spouse is

(a) if they were married to each other, the date on which they were married,

(b) if they were parties to a voidable marriage, the date on which they were married, or

(b) by repealing subsection (2) and substituting the following:

1.1(2.1) If a contributor was cohabiting in a conjugal relationship with his or her spouse immediately before their marriage, the date of marriage shall be deemed to be the date on which they commenced to cohabit in a conjugal relationship.

1.1(2.2) For the purposes of this Act and the regulations, the date of common-law partnership of a contributor and his or her common-law partner is the date on which they commenced to cohabit in a conjugal relationship.

(d) by repealing subsection (3).

31(4) The Act is amended by adding after section 1.1 the following:

Deemed cohabitation where illness or mental or physical infirmity

1.2 If a contributor and a person with whom the contributor was cohabiting in a conjugal relationship are no longer cohabiting by reason only of the illness or mental or physical infirmity of either of them, they shall be deemed to continue to be cohabiting in a conjugal relationship.

31(5) Section 5 of the Act is amended

(a) in subsection (4) of the English version in the portion preceding paragraph (a)

(i) by striking out “he” and substituting “he or she”;

(ii) by striking out “him” and substituting “him or her”;

(b) in subsection (5)

(i) in the English version by striking out “him” and substituting “him or her”;

(ii) in the English version by striking out “his” and substituting “his or her”;

(iii) by striking out “to the surviving spouse, children or other dependant of the contributor if the surviving spouse, children or other dependant” and substituting “to his or her surviving spouse, surviving common-law partner, children or other dependant if the surviving spouse, surviving common-law partner, children or other dependant”.

31(6) Section 6 of the Act is amended

(a) by repealing subsection (1) and substituting the following:

6(1) Where a pension becomes payable under this Act, it shall be paid in equal monthly instalments in arrears and shall continue, subject to this Act, during the lifetime of the recipient and thereafter until the end of the month in which he or she dies and any amount in arrears thereof that remains at any time after his or her death shall be paid

(a) if the recipient was a contributor, to the recipient’s surviving spouse if he or she can be found and is entitled to the surviving spouse’s pension under section 11,

(b) if the recipient was a contributor and no person is paid under paragraph (a), to the recipient’s surviving common-law partner if he or she can be found and is entitled to the surviving common-law partner’s pension under section 11,

(d) if no person is paid under paragraph (a), (b) or (c), to the recipient’s estate.

(b) by repealing subsection (1.1);

6(2) If a recipient described in subsection (1) dies without leaving a surviving spouse, surviving common-law partner or children to whom a pension is payable under this Act, or if a surviving spouse’s pension, surviving common-law partner’s pension or children’s pension is not payable or ceases to be payable under this Act and no person remains to whom a pension is consequently payable, any amount by which the amount of the recipient’s contributions with interest exceeds the aggregate of all benefits derived therefrom shall be paid to the recipient’s estate.

31(7) Section 9 of the Act is amended

(a) in subsection (1) of the English version by striking out “Any contributor who has to his credit less than five years of pensionable service” and substituting “Any contributor who has to his or her credit fewer than 5 years of pensionable service”;

(b) by repealing subsection (2) and substituting the following:

9(2) Upon the death of a contributor who had to his or her credit fewer than 5 years of pensionable service, a return of contributions, with interest, shall be paid

(a) to the contributor’s surviving spouse if he or she can be found and would have been entitled to the surviving spouse’s pension under section 11 at the time of the contributor’s death had the contributor had to his or her credit 5 or more years of pensionable service,

(b) if no person is paid under paragraph (a), to the contributor’s surviving common-law partner if he or she can be found and would have been entitled to the surviving common-law partner’s pension under section 11 at the time of the contributor’s death had the contributor had to his or her credit 5 or more years of pensionable service,

(d) if no person is paid under paragraph (a), (b) or (c), to the contributor’s estate.

(d) by repealing subsection (4).

31(8) Section 11 of the Act is amended

(a) in subsection (1)

(i) by striking out the portion preceding paragraph (a) and substituting the following:

11(1) Subject to subsections (2), (3), (4), (5), (7), (8), (8.1), (8.2) and (10) and 19.1(3) and (5), upon the death of a contributor who had to his or her credit 5 or more years pensionable service, his or her surviving spouse is entitled to a surviving spouse’s pension equal to,

(ii) in paragraph (a) of the English version by striking out “his” and substituting “his or her”;

(b) by adding after subsection (1) the following:

11(1.1) Subject to subsections (2), (3.1), (4), (5), (8), (8.1), (8.2) and (10) and 19.1(3) and (5), upon the death of a contributor who had to his or her credit 5 or more years pensionable service, his or her surviving common-law partner is entitled to a surviving common-law partner’s pension equal to the amount referred to in paragraph (1)(a), (b), (c) or (d), as the case may be, if no surviving spouse’s pension is paid under this section.

11(2) Where reference is made in subsection (1) or (1.1) to the surviving spouse’s pension or surviving common-law partner’s pension being ½ of the contributor’s immediate pension, that immediate pension shall be calculated in accordance with subsection 7(2) if the surviving spouse or surviving common-law partner is eligible for a survivor’s pension under the Canada Pension plan, and in accordance with paragraph 7(2)(a) for all years of service if the surviving spouse or surviving common-law partner is not eligible for a survivor’s pension under the Canada Pension plan.

(d) by repealing subsection (3) and substituting the following:

11(3) Where a surviving spouse is in receipt of a surviving spouse’s pension under this Act and a survivor’s pension under the Canada Pension plan and the sum of these 2 pensions is less than ½ of the pension that would have been payable had it been calculated in accordance with paragraph 7(2)(a) for all years of service, the Minister shall, on application to the Minister in writing by the surviving spouse, grant him or her an additional allowance equal to the difference.

(e) by adding after subsection (3) the following:

11(3.1) Where a surviving common-law partner is in receipt of a surviving common-law partner’s pension under this Act and a survivor’s pension under the Canada Pension plan and the sum of these 2 pensions is less than ½ of the pension that would have been payable had it been calculated in accordance with paragraph 7(2)(a) for all years of service, the Minister shall, on application to the Minister in writing by the surviving common-law partner, grant him or her an additional allowance equal to the difference.

(f) by repealing subsection (4) and substituting the following:

11(4) If an additional allowance is granted under subsection (3) or (3.1), it shall be reduced by the amount of any subsequent increase in the survivor’s pension under the Canada Pension plan of that surviving spouse or surviving common-law partner.

(g) by repealing subsection (5) and substituting the following:

11(5) A surviving spouse’s pension ceases to be payable on the death of that surviving spouse and a surviving common-law partner’s pension ceases to be payable on the death of that surviving common-law partner.

(h) in subsection (7) of the English version

(i) by striking out “his” wherever it appears and substituting “his or her”;

(ii) by striking out “him” and substituting “him or her”;

(i) by repealing subsection (7.1);

(j) by repealing subsection (8) and substituting the following:

11(8) Subject to subsections (8.2) and 19.1(3) and (5), the surviving spouse of a contributor is entitled to a surviving spouse’s pension, if otherwise eligible, and the surviving common-law partner of that contributor is not entitled to a surviving common-law partner’s pension if

(a) the surviving spouse was married to the contributor at the time of the contributor’s death, and

(b) the marriage of the surviving spouse and the contributor was not a void or voidable marriage.

(k) by adding after subsection (8) the following:

11(8.1) The spouse or common-law partner of a contributor may enter into a written agreement with the contributor that waives his or her entitlement to a surviving spouse’s pension or surviving common-law partner’s pension, as the case may be.

11(8.2) A surviving spouse is not entitled to a surviving spouse’s pension and a surviving common-law partner is not entitled to a surviving common-law partner’s pension if there is

(a) a valid written agreement referred to in subsection (8.1), or

(b) a decree, order or judgment of a competent tribunal that bars the claim of the surviving spouse or surviving common-law partner.

(l) by repealing subsection (9);

(m) in subsection (10) by striking out “surviving spouse’s pension” and substituting “surviving spouse’s pension or surviving common-law partner’s pension, as the case may be,”.

31(9) Subsection 12(1) of the Act is amended by striking out the portion preceding paragraph (a) and substituting the following:

12(1) Where a contributor who had to the contributor’s credit 5 or more years pensionable service dies without leaving a surviving spouse or surviving common-law partner, or where a surviving spouse’s pension or surviving common-law partner’s pension is not payable under this Act or ceases to be payable under subsection 11(5), a children’s pension equal to the surviving spouse’s pension or surviving common-law partner’s pension that was being paid or could have been paid under section 11 shall be paid in equal shares to the children of the contributor who, at the time of the contributor’s death, are both dependent on the contributor for support and

31(10) Subsection 13(1) of the Act is repealed and the following is substituted:

13(1) Where a contributor who had to the contributor’s credit 5 or more years pensionable service dies without leaving a surviving spouse, surviving common-law partner or children, or where a surviving spouse’s pension, surviving common-law partner’s pension or children’s pension is not payable or ceases to be payable under this Act, the Lieutenant-Governor in Council may grant to a person, who, being a member of the contributor’s family and a “dependant” of the contributor as defined in subsection 8500(1) of the Income Tax Regulations under the Income Tax Act (Canada), was at the time of the contributor’s death wholly or partly dependent upon the contributor’s earnings, a pension in an amount not exceeding the amount of the surviving spouse’s pension or surviving common-law partner’s pension that was being paid or could have been paid under section 11.

31(11) Section 19 of the Act is amended

(a) in subsection (2) by striking out “spouse” and substituting “spouse, common-law partner”;

(b) in subsection (3)

(i) by striking out “his or her spouse” and substituting “his or her spouse or common-law partner”;

(ii) by striking out “that spouse” and substituting “that spouse or common-law partner”;

(a) assignment does not include

(i) assignment pursuant to a decree, order or judgment made by a competent tribunal on or after January 1, 1997, in relation to the division on marriage breakdown of a benefit that a contributor or former contributor is or may be entitled to under this Act,

(ii) assignment pursuant to a decree, order or judgment made by a competent tribunal on or after the commencement of this subparagraph in relation to the division, on the breakdown of a common-law partnership, of a benefit that a contributor or former contributor is or may be entitled under this Act,

(iii) assignment pursuant to a written agreement entered into on or after January 1, 1997, in settlement of rights arising as a consequence of the breakdown of a marriage between a contributor and the contributor’s spouse or former spouse,

(iv) assignment pursuant to a written agreement, entered into on or after the commencement of this subparagraph in settlement of rights arising as a consequence of the breakdown of a common-law partnership between a contributor and the contributor’s common-law partner or former common-law partner, or

(v) assignment by the legal representative of a deceased contributor on the distribution of the contributor’s estate, and

31(12) Section 19.1 of the Act is amended

(a) in subsection (1) of the French version

(ii) by striking out “à l’ordonnance, au jugement ou à l’arrêt”and substituting “à l’ordonnance ou au jugement";

(b) by adding after subsection (1) the following:

19.1(1.1) Notwithstanding section 19 and any other provision of this Act, where a competent tribunal makes a decree, order or judgment on or after the commencement of this subsection in relation to the division on the breakdown of a common-law partnership of a benefit that a contributor, or a former contributor, is or may be entitled to under this Act, the commuted value of the benefit shall be determined in accordance with the regulations as of the date of the breakdown of the common-law partnership and shall be divided in accordance with the decree, order or judgment of the tribunal.

19.1(2) The portion of the benefit to which the spouse or common-law partner of a contributor, or of a former contributor, is entitled under a decree, order or judgment referred to in subsection (1) or (1.1) shall be dealt with in accordance with the regulations.

(d) in subsection (3)

(i) by striking out the portion preceding paragraph (a) and substituting the following:

19.1(3) If a benefit has been divided under subsection (1) or (1.1), the spouse or common-law partner has no further right

(ii) by repealing paragraph (b) and substituting the following:

(b) to a surviving spouse’s pension or surviving common-law partner’s pension with respect to the contributor, or the former contributor, or any other benefit or amount payable to the spouse or common-law partner under this Act by virtue of being the spouse or common-law partner of the contributor, or the former contributor, or

(e) in subsection (4) by striking out “that is entered into on or after January 1, 1997, provides” and substituting “is entered into on or after January 1, 1997, and provides”;

(f) by adding after subsection (4) the following:

19.1(4.1) Notwithstanding section 19 and any other provision of this Act, where a written agreement in settlement of rights arising as a consequence of the breakdown of a common-law partnership is entered into on or after the commencement of this subsection and provides for the division on the breakdown of the common-law partnership of a benefit that a contributor, or a former contributor, is or may be entitled to under this Act, the commuted value of the benefit shall be determined as of the date of the breakdown of the common-law partnership in accordance with the regulations and shall be divided in accordance with the written agreement.

(g) in subsection (5) by striking out “subsection (4)” and substituting “subsection (4) or (4.1)”;

(h) by repealing subsection (7) and substituting the following:

19.1(7) A division of benefits under this section applies only in relation to benefits accrued between the date of marriage and the date of marriage breakdown or between the date of common-law partnership and the date of the breakdown of the common-law partnership, as the case may be.

(i) by repealing subsection (9).

31(13) Section 26.1 of the Act is amended by adding after subsection (9) the following:

26.1(10) Effective January 1, 1997, a provision of this Act enacted and an amendment to this Act made under subsections 4(1) to (3) of An Act Respecting Pensions, chapter 56 of the Acts of New Brunswick, 1997, and under subsection 4(6) of An Act Respecting Pensions, chapter 35 of the Acts of New Brunswick, 1998, apply in relation to the academic employees of the University of New Brunswick who have to their credit pensionable service under this Act before January 1, 1993, and to the University of New Brunswick in respect of such employees.

26.1(11) Effective February 26, 1998, a provision of this Act enacted and an amendment to this Act made under subsections 4(1) to (5), (7) and (8) of An Act Respecting Pensions, chapter 35 of the Acts of New Brunswick, 1998, apply in relation to the academic employees of the University of New Brunswick who have to their credit pensionable service under this Act before January 1, 1993, and to the University of New Brunswick in respect of such employees.

31(14) Section 28 of the Act is amended

(a) in paragraph (g.2) by striking out “spouse” and substituting “spouse or common-law partner”;

(b) in paragraph (g.4) by striking out “on marriage breakdown” and substituting “on the breakdown of a marriage or common-law partnership”.

31(15) Section 28.2 of the Act is repealed.

31(16) The English version of the Act is amended by striking out “his” wherever it appears in the following provisions and substituting “his or her”:

(a) section 2;

(b) subsection 3(1)

(i) paragraph (g);

(ii) paragraph (h);

(d) section 7

(i) paragraph (1)(a);

(ii) subsection (3);

(e) section 10

(i) subsection (1)

(A) the portion preceding paragraph (a);

(B) subparagraph (b)(ii);

(D) paragraph (d)

(I) the portion preceding subparagraph (i);

(II) the portion following subparagraph (ii);

(ii) subsection (1.1);

(iii) subsection (2);

(iv) subsection (3);

(v) subsection (4);

(f) section 14;

(g) subsection 15(2);

(h) section 16;

(i) section 17;

(j) section 20

(i) subsection (5)

(A) paragraph (c);

(B) paragraph (d);

(ii) subsection (7);

(k) paragraph 21(2)(a);

(l) subsection 25(2);

(m) section 26

(i) subsection (1) in the definition “transferred employee”;

(ii) paragraph (2)(b).

31(17) The English version of the Act is amended by striking out “he” wherever it appears in the following provisions and substituting “he or she”:

(a) paragraph 3(1)(b);

(b) section 4

(i) subsection (1)

(A) subparagraph (a)(i);

(B) paragraph (b)

(I) clause (i)(A);

(II) clause (i)(B);

(III) clause (ii)(A);

(IV) clause (ii)(B.1);

(V) clause (ii)(C);

(ii) subsection (2) in the portion following paragraph (c);

(d) section 10

(i) subsection (1)

(A) paragraph (a);

(B) paragraph (b)

(I) the portion preceding subparagraph (i);

(II) subparagraph (ii);

(I) the portion preceding subparagraph (i);

(II) subparagraph (ii);

(III) the portion following subparagraph (ii);

(D) paragraph (d)

(I) the portion preceding subparagraph (i);

(II) subparagraph (i);

(III) the portion following subparagraph (ii);

(E) paragraph (f);

(F) paragraph (g);

(ii) subsection (2);

(iii) subsection (3);

(iv) subsection (4);

(e) section 15

(i) subsection (2);

(ii) subsection (3);

(f) section 16;

(g) subsection 21(5);

(h) subsection 26(2)

(i) paragraph (a);

(ii) paragraph (b).

31(18) Subparagraph 4(1)(b)(ii) of the English version of the Act is amended by striking out “him” wherever it appears in the following provisions and substituting “him or her”:

(a) clause (A);

(b) clause (B.1);

31(19) A provision of the Public Service Superannuation Act enacted by subsections (1) to (18) of this Act and an amendment to the Public Service Superannuation Act made by those subsections applies in relation to the academic employees of the University of New Brunswick who have to their credit pensionable service under this Act before January 1, 1993, and to the University of New Brunswick in respect of such academic employees.

Amendments to Regulation under the Public Service Superannuation Act

32(1) The heading “Citation” preceding section 1 of the French version of New Brunswick Regulation 98-8 under the Public Service Superannuation Act is repealed and the following is substituted:

Titre

32(2) Section 1 of the Regulation is repealed and the following is substituted:

1 This Regulation may be cited as the Division of Benefits on the Breakdown of a Marriage or Common-law Partnership Regulation - Public Service Superannuation Act.

32(3) Section 2 of the Regulation is amended

(a) in subsection (1)

(i) in the French version of the definition « allocation de conjoint » by striking out “de droits survenant en conséquence de la rupture du mariage ou en vertu d’une ordonnance, d’un jugement ou d’un arrêté” and substituting “des droits découlant de la rupture du mariage ou en vertu d’une ordonnance ou d’un jugement”;

(ii) by adding the following definition in alphabetical order:

“common-law partner’s portion” means the portion of the portion of the benefit or commuted value of the benefit of a contributor or a former contributor computed under section 5 to which the common-law partner of the contributor or the former contributor is entitled on the breakdown of their common-law partnership under a written agreement in settlement of rights arising as a consequence of the breakdown of their common-law partnership or under a decree, order or judgment made by a competent tribunal; (allocation de conjoint de fait)

(b) in subsection (2) by repealing the definition “commuted value” and substituting the following:

“commuted value” means the value of a benefit that a contributor or a former contributor is or may be entitled to under the Act and that is to be divided under section 19.1 of the Act, which value is calculated in accordance with subsection 3(1), (2), (3) or (4), as the case may be, and as of the date of the breakdown of his or her marriage or common-law partnership. (valeur de rachat)

32(4) Section 3 of the Regulation is amended

(a) in subsection (3)

(i) in the portion preceding paragraph (a) by striking out “the date of marriage breakdown” and substituting “the date of the breakdown of his or her marriage or common-law partnership”;

(ii) in paragraph (b) by striking out “the date of marriage breakdown” and substituting “the date of the breakdown of the marriage or common-law partnership”;

(b) in subsection (4)

(i) in the portion preceding paragraph (a) by striking out “on marriage breakdown” and substituting “on the breakdown of his or her marriage or common-law partnership”;

(ii) in paragraph (a) by striking out “the date of marriage breakdown” and substituting “the date of the breakdown of the marriage or common-law partnership”.

32(5) The heading “Date of marriage” preceding section 4 of the Regulation is repealed.

32(6) Section 4 of the Regulation is repealed.

32(7) The heading “Calculation of portion of commuted value to be divided on marriage breakdown” preceding section 5 of the Regulation is amended by striking out “on marriage breakdown” and substituting “on the breakdown of a marriage or common-law partnership” .

32(8) Subsection 5(1) of the Regulation is amended

(a) in the portion preceding the formula by striking out “on marriage breakdown” and substituting “on the breakdown of his or her marriage or common-law partnership”;

(b) in the explanation of “p” in the formula by striking out “on marriage breakdown” and substituting “on the breakdown of the marriage or common-law partnership”;

32(9) The heading “Types of instruments for portion of benefit payable to spouse” preceding section 6 of the Regulation is amended by striking out “spouse” and substituting “spouse or common-law partner”.

32(10) Section 6 of the Regulation is amended

(a) in subsection (1)

(i) in the portion preceding paragraph (a) by striking out “spouse” and substituting “spouse or common-law partner”;

(ii) in paragraph (a) by striking out “spouse” and substituting “spouse or common-law partner”;

(iii) in paragraph (b) by striking out “spouse” and substituting “spouse or common-law partner”;

(b) by repealing subsection (2) and substituting the following:

6(2) Subject to the requirements of the Income Tax Act (Canada), if the spouse or common-law partner of a contributor or a former contributor fails to direct the Minister to make a transfer or purchase in accordance with subsection (1) within 90 days after the later of the date on which the calculation was performed or the date of the written agreement in settlement of rights arising as a consequence of the breakdown of their marriage or common-law partnership or the decree, order or judgment made by a competent tribunal, the spouse or common-law partner shall be deemed to have directed the Minister to purchase a deferred life annuity or life annuity with the portion of the benefit to which the spouse or common-law partner is entitled under section 19.1 of the Act.

(i) by striking out “to which the spouse” and substituting “to which the spouse or common-law partner”;

(ii) by striking out “to the spouse” and substituting “to the spouse or common-law partner, as the case may be,”.

32(11) The heading “Interest on spouse’s portion” preceding section 7 of the Regulation is amended by striking out “spouse’s portion” and substituting “spouse’s portion or common-law partner’s portion”.

32(12) Section 7 of the Regulation is amended

(a) by adding after subsection (1) the following:

7(1.1) If the commuted value of a benefit of a contributor or a former contributor is divided under section 19.1 of the Act, the common-law partner’s portion shall be credited with interest at a rate not lower than the rate in subsection (2) from the date of the breakdown of their common-law partnership to the date on which the common-law partner’s portion is transferred or used for a purchase under section 6.

(b) in subsection (2) by adding “or (1.1)” after “subsection (1)”.

32(13) Section 8 of the Regulation is amended

(a) in subsection (1) by striking out “less the spouse’s portion, including any escalated adjustment calculated in accordance with the escalation formula in effect under the Act on the date of marriage breakdown, between the date of marriage breakdown and the date of cessation of employment in the Public Service” and substituting “less the spouse’s portion or common-law partner’s portion, including any escalated adjustment calculated in accordance with the escalation formula in effect under the Act on the date of the breakdown of their marriage or common-law partnership, as the case may be, between the date of the breakdown of the marriage or common-law partnership and the date of cessation of employment in the Public Service”;

(c) in subsection (4) by striking out “the date of marriage breakdown” and substituting “the date of the breakdown of his or her marriage or common-law partnership, as the case may be”;

(d) in subsection (5)

(iii) in the explanation of “p” in the formula by striking out “spouse’s portion” and substituting “spouse’s portion or common-law partner’s portion, as the case may be,”.

32(14) Section 9 of the Regulation is amended

(a) in subsection (1)

(i) by striking out “to which the spouse” and substituting “to which the spouse or common-law partner”;

(iii) by striking out “the date of marriage breakdown” and substituting “the date of the breakdown of their marriage or common-law partnership, as the case may be,”;

(b) in subsection (2)

(i) in the portion preceding the formula by striking out “spouse’s share” and substituting “spouse’s share or common-law partner’s share”;

(ii) in the explanation of “D” in the formula by striking out “spouse’s share” and substituting “spouse’s share or common-law partner’s share, as the case may be”;

(iv) in the explanation of “p” in the formula by striking out “spouse’s portion” and substituting “spouse’s portion or common-law partner’s portion, as the case may be,”.

32(15) The heading “Subsequent marriage breakdown” preceding section 10 of the Regulation is repealed and the following is substituted:

Breakdown of a subsequent marriage or common-law partnership

32(16) Section 10 of the Regulation is amended by striking out “on a second or subsequent marriage breakdown” and substituting “on the breakdown of a second or subsequent marriage or common-law partnership”.

Residential Property Tax Relief Act

Amendments to the Residential Property Tax Relief Act

33(1) Subsection 2(1.2) of the English version of the Residential Property Tax Relief Act, chapter R-10 of the Revised Statutes, 1973, is amended

(a) in the portion preceding paragraph (a)

(i) by striking out “he” wherever it appears and substituting “he or she”;

(ii) by striking out “his” wherever it appears and substituting “his or her”;

(iii) by striking out “himself” and substituting “himself or herself”;

(b) in paragraph (b)

(i) in subparagraph (i)

(A) by striking out “himself” and substituting “himself or herself”;

(B) by striking out “his wife” and substituting “his or her spouse”;

(D) by striking out “his becoming owner” and substituting “his or her becoming owner”;

(E) by striking out “he” and substituting “he or she”;

(ii) in subparagraph (ii)

(A) by striking out “he” wherever it appears and substituting “he or she”;

(B) by striking out “himself” and substituting “himself or herself”;

33(2) Paragraph 6.1(1)(b) of the Act is amended by striking out “as husband and wife” and substituting “in a conjugal relationship”.

Amendments to Regulation under the Residential Property Tax Relief Act

34 Subsection 6.1(4) of New Brunswick Regulation 84-191 under the Residential Property Tax Relief Act is amended by striking out “as husband and wife” and substituting “in a conjugal relationship”.

Support Enforcement Act

Amendments to the Support Enforcement Act

35 Section 1 of the Support Enforcement Act, chapter S-15.5 of the Acts of New Brunswick, 2005, is amended by repealing the definition “spouse” and substituting the following:

“spouse” means either of 2 persons who are married to each other or who, not being married, are cohabiting in a conjugal relationship with each other, but does not include a person who, being married to another person, is separated and living apart from the other person and who (conjoint)

(a) has entered into a written agreement with the other person under which they have agreed to live apart, or

(b) is subject to an order of the court recognizing the separation.

Survivorship Act

Amendments to the Survivorship Act

36 Section 4 of the Survivorship Act, chapter S-20 of the Revised Statutes, 1973, is repealed and the following is substituted:

Presumption in the case of marital property

4(1) The following definitions apply in this section.

“marital property” means marital property as defined in the Marital Property Act. (biens matrimoniaux)

“spouse” means spouse as defined in the Marital Property Act. (spouse)

4(2) Unless a contrary intention appears in a written agreement to which both spouses are parties, marital property shall be deemed, for the purposes of this Act, to have been held by them in common in equal shares.

Teachers’ Pension Act

Amendments to the Teachers’ Pension Act

37(1) Section 1 of the Teachers’ Pension Act, chapter T-1 of the Revised Statutes, 1973, is amended

(a) in subsection (1)

(i) in the definition “benefit” by striking out “surviving spouse’s pension” and substituting “surviving spouse’s pension, surviving common-law partner’s pension”;

(ii) in the English version of the definition “return of contributions” by striking out “him” and substituting “him or her”;

(iii) in the English version of the definition “salary”

(A) by striking out “his” wherever it appears and substituting “his or her”;

(B) by striking out “he” and substituting “he or she”;

(iv) by repealing the definition “spouse”;

(v) in the English version of the definition “teacher” in paragraph (b) by striking out “he” wherever it appears and substituting “he or she”;

(vi) by adding the following definitions in alphabetical order:

“common-law partner” means (conjoint de fait)

(a) in the case of the death of a contributor

(i) if the contributor did not make an election under subsection 13(4.1), a person who, not being married to the contributor, was cohabiting in a conjugal relationship with the contributor at the time of the contributor’s death and was cohabiting in a conjugal relationship with the contributor for a continuous period of at least 2 years immediately before the contributor’s death; or

(ii) if the contributor made an election under subsection 13(4.1), a person who, not being married to the contributor, was cohabiting in a conjugal relationship with the contributor on the date that payments of the contributor’s reduced immediate pension, annual allowance or deferred pension began and at the time of the contributor’s death and was cohabiting in a conjugal relationship with the contributor for a continuous period of at least 2 years immediately before the date that payments of the contributor’s reduced immediate pension, annual allowance or deferred pension began; or

(b) in the case of a division of a benefit under section 22.01, a person who, not being married to a contributor or former contributor, was cohabiting in a conjugal relationship with the contributor for a continuous period of at least 2 years immediately before the date of the breakdown of their common-law partnership;

“common-law partnership” means the relationship between a contributor and his or her common-law partner; (union de fait)

“surviving common-law partner’s pension” means a pension described in section 13; (pension de conjoint de fait survivant)

(b) in subsection (2) of the English version by striking out “he” and substituting “he or she”.

37(2) The Act is amended by adding after section 1 the following:

Status as a common-law partner

1.01 To establish that he or she is a common-law partner, a person shall provide the Minister with a statutory declaration accompanied by proof acceptable to the Minister.

37(3) Section 1.1 of the Act is repealed and the following is substituted:

Determination of date of marriage or common-law partnership

1.1(1) Subject to subsections (2) and (3), for the purposes of this Act and the regulations, the date of marriage of a contributor and his or her spouse is

(a) if they were married to each other, the date on which they were married,

(b) if they were parties to a voidable marriage, the date on which they were married, or

1.1(3) If a contributor was cohabiting in a conjugal relationship with his or her spouse immediately before their marriage, the date of marriage shall be deemed to be the date on which they commenced to cohabit in a conjugal relationship.

1.1(4) For the purposes of this Act and the regulations, the date of common-law partnership of a contributor and his or her common-law partner is the date on which they commenced to cohabit in a conjugal relationship.

37(4) The Act is amended by adding after section 1.1 the following:

Deemed cohabitation where illness or mental or physical infirmity

37(5) Section 6 of the Act is amended

(a) in subsection (4) of the English version in the portion preceding paragraph (a)

(i) by striking out “he” and substituting “he or she”;

(ii) by striking out “him” and substituting “him or her”;

(b) in subsection (5)

(i) in the English version by striking out “him” and substituting “him or her”;

(ii) in the English version by striking out “his” and substituting “his or her”;

(iii) by striking out “to the surviving spouse, children or other dependant of the contributor, if the surviving spouse, children or other dependant” and substituting “to his or her surviving spouse, surviving common-law partner, children or other dependant, if the surviving spouse, surviving common-law partner, children or other dependant”.

37(6) Section 8 of the Act is repealed and the following is substituted:

Manner of payment of pension

8(1) Where a pension becomes payable under this Act, it shall be paid in equal monthly instalments in arrears and shall continue, subject to this Act, during the lifetime of the recipient and thereafter until the end of the month in which he or she dies, and any amount in arrears thereof that remains at any time after his or her death shall be paid

(a) if the recipient was a contributor, to the recipient’s surviving spouse if he or she can be found and is entitled to the surviving spouse’s pension under section 13,

(d) if no person is paid under paragraph (a), (b) or (c), to the recipient’s estate.

8(2) If a recipient described in subsection (1) dies without leaving a surviving spouse, surviving common-law partner or children to whom a pension is payable under this Act, or if a surviving spouse’s pension, surviving common-law partner’s pension or children’s pension is not payable or ceases to be payable under this Act and no person remains to whom a pension is consequently payable, any amount by which the amount of the recipient’s contributions with interest calculated from September 1, 1966, exceeds the aggregate of all benefits derived therefrom shall be paid to the recipient’s estate.

37(7) Section 11 of the Act is amended

(a) in subsection (1) of the English version by striking out “his” and substituting “his or her”;

(b) by repealing subsection (2) and substituting the following:

11(2) Upon the death of a contributor who had to his or her credit fewer than 5 years of pensionable service, a return of contributions with interest, calculated from September 1, 1966, shall be paid

(a) to the contributor’s surviving spouse if he or she can be found and would have been entitled to the surviving spouse’s pension under section 13 at the time of the contributor’s death had the contributor had to his or her credit 5 or more years of pensionable service,

(b) if no person is paid under paragraph (a), to the contributor’s surviving common-law partner if he or she can be found and would have been entitled to the surviving common-law partner’s pension under section 13 at the time of the contributor’s death had the contributor had to his or her credit 5 or more years of pensionable service,

(d) if no person is paid under paragraph (a), (b) or (c), to the contributor’s estate.

37(8) Section 13 of the Act is amended

(a) in subsection (1)

(i) by striking out the portion preceding paragraph (a) and substituting the following:

13(1) Subject to subsections (2), (3), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (5) and (7) to (11) and 22.01(3) and (5), upon the death of a contributor who had to his or her credit 5 or more years of pensionable service, his or her surviving spouse is entitled to a surviving spouse’s pension equal to

(ii) in paragraph (a) of the English version by striking out “his” and substituting “his or her”;

(iii) in paragraph (b) of the English version by striking out “he” and substituting “he or she”;

(iv) in paragraph (c)

(A) in the English version by striking out “his” wherever it appears and substituting “his or her”;

(B) in the French version by striking out “pension immédiate” and substituting “pension à jouissance immédiate”;

(v) in paragraph (d) of the English version by striking out “his” and substituting “his or her”;

(b) by adding after subsection (1) the following:

13(1.1) Subject to subsections (2), (3.1), (4), (4.1), (4.2), (4.3), (4.41), (4.5), (4.6), (5) and (8) to (11) and 22.01(3) and (5), upon the death of a contributor who had to his or her credit 5 or more years of pensionable service, his or her surviving common-law partner is entitled to a surviving common-law partner’s pension equal to the amount referred to in paragraph (1)(a), (b), (c) or (d), as the case may be, if no surviving spouse’s pension is paid under this section.

13(2) Where reference is made in subsection (1) or (1.1) to the surviving spouse’s pension or surviving common-law partner’s pension being ½ of the contributor’s immediate pension, that immediate pension shall be calculated in accordance with subsection 9(2) if the surviving spouse or surviving common-law partner is eligible for a survivor’s pension under the Canada Pension Plan, or in accordance with subsection 9(3) if the surviving spouse or surviving common-law partner is not eligible for a survivor’s pension under the Canada Pension Plan.

(d) by repealing subsection (3) and substituting the following:

13(3) Where a surviving spouse is in receipt of a surviving spouse’s pension under this Act and a survivor’s pension under the Canada Pension Plan and the sum of these 2 pensions is less than ½ of the pension that would have been payable had it been calculated in accordance with subsection 9(3), the Minister shall, on application to the Minister in writing by the surviving spouse, grant him or her an additional allowance equal to the difference.

(e) by adding after subsection (3) the following:

13(3.1) Where a surviving common-law partner is in receipt of a surviving common-law partner’s pension under this Act and a survivor’s pension under the Canada Pension Plan and the sum of these 2 pensions is less than ½ of the pension that would have been payable had it been calculated in accordance with subsection 9(3), the Minister shall, on application to the Minister in writing by the surviving common-law partner, grant him or her an additional allowance equal to the difference.

(f) by repealing subsection (4) and substituting the following:

13(4) If an additional allowance is granted under subsection (3) or (3.1), it shall be reduced by the amount of any subsequent increase in the survivor’s pension under the Canada Pension Plan of that surviving spouse or surviving common-law partner.

(g) in subsection (4.1)

(i) in the portion preceding paragraph (a) by striking out “spouse” and substituting “spouse or common-law partner”;

(ii) in paragraph (b) by striking out “notwithstanding subsection (1), an increased surviving spouse’s pension” and substituting “notwithstanding subsection (1) or (1.1), an increased surviving spouse’s pension or surviving common-law partner’s pension”;

(h) by repealing subsection (4.2) and substituting the following:

13(4.2) Where a contributor makes an election under subsection (4.1), the amount of the reduced immediate pension, annual allowance or deferred pension of the contributor and the amount of the increased surviving spouse’s pension or surviving common-law partner’s pension in total shall be the actuarial equivalent of the total amount of the immediate pension, annual allowance or deferred pension and the surviving spouse’s pension or surviving common-law partner’s pension that the contributor and the surviving spouse or surviving common-law partner would or could have been paid if the election had not been made.

(i) by adding after subsection (4.4) the following:

13(4.41) Where a contributor makes an election under subsection (4.1), the increased surviving common-law partner’s pension shall only be paid to the person who was the common-law partner of the contributor on the date that payments of the contributor’s reduced immediate pension, annual allowance or deferred pension began and at the time of the contributor’s death.

(j) in subsection (4.5) by adding a comma followed by “(3.1)” after “(3)”;

(k) by repealing subsection (5) and substituting the following:

13(5) A surviving spouse’s pension ceases to be payable on the death of that surviving spouse and a surviving common-law partner’s pension ceases to be payable on the death of that surviving common-law partner.

(l) in subsection (7) of the English version

(i) by striking out “his” wherever it appears and substituting “his or her”;

(ii) by striking out “him” and substituting “him or her”;

(m) by repealing subsection (8) and substituting the following:

13(8) Subject to subsections (11) and 22.01(3) and (5), the surviving spouse of a contributor is entitled to a surviving spouse’s pension, if otherwise eligible, and the surviving common-law partner of that contributor is not entitled to a surviving common-law partner’s pension if

(a) the surviving spouse was married to the contributor

(i) at the time of the contributor’s death, or

(ii) on the date that payments of the contributor’s reduced immediate pension, annual allowance or deferred pension began if the contributor made an election under subsection (4.1), and

(b) the marriage of the surviving spouse and the contributor was not a void or voidable marriage.

(n) in subsection (9) by striking out “surviving spouse’s pension” and substituting “surviving spouse’s pension or surviving common-law partner’s pension, as the case may be,”;

(o) by adding after subsection (9) the following:

13(10) The spouse or common-law partner of a contributor may enter into a written agreement with the contributor that waives his or her entitlement to a surviving spouse’s pension or surviving common-law partner’s pension, as the case may be.

13(11) A surviving spouse is not entitled to a surviving spouse’s pension and a surviving common-law partner is not entitled to a surviving common-law partner’s pension if there is

(a) a valid written agreement referred to in subsection (10), or

(b) a decree, order or judgment of a competent tribunal that bars the claim of the surviving spouse or surviving common-law partner.

37(9) Section 14 of the Act is amended

(a) in subsection (1) in the portion preceding paragraph (a) by striking out “Where a contributor who had to the contributor’s credit five or more years of pensionable service dies without leaving a surviving spouse or where a surviving spouse’s pension ceases under subsection 13(5), a children’s pension equal to the surviving spouse’s pension that was being paid or could have been paid under section 13 is to be paid” and substituting “If a contributor who had to the contributor’s credit 5 or more years of pensionable service dies without leaving a surviving spouse or surviving common-law partner, or if a surviving spouse’s pension or surviving common-law partner’s pension is not payable under this Act or ceases to be payable under subsection 13(5), a children’s pension equal to the surviving spouse’s pension or surviving common-law partner’s pension that was being paid or could have been paid under section 13 shall be paid”;

(b) in subsection (3) by striking out “himself”.

37(10) Section 15 of the Act is repealed and the following is substituted:

Pension for dependant of contributor

15 If a contributor who had to his or her credit 5 or more years of pensionable service dies without leaving a surviving spouse, surviving common-law partner or children, or if a surviving spouse’s pension, surviving common-law partner’s pension or children’s pension is not payable or ceases to be payable under this Act, the Lieutenant-Governor in Council may grant to a person, who, being a member of the contributor’s family, was at the time of the contributor’s death wholly or partly dependent upon the contributor’s earnings, a pension in an amount not exceeding the amount of the surviving spouse’s pension or surviving common-law partner’s pension that was being paid or could have been paid under section 13, and the pension shall end no later than the end of the eligible survivor benefit period as defined in subsection 8500(1) of the Income Tax Regulations under the Income Tax Act (Canada).

37(11) Paragraph 22(a) of the Act is amended by striking out “rights arising as a consequence of the breakdown of a marriage between a contributor and the contributor’s spouse or former spouse” and substituting “rights arising as a consequence of the breakdown of a marriage between a contributor and the contributor’s spouse or former spouse or the breakdown of a common-law partnership between a contributor and the contributor’s common-law partner or former common-law partner”.

37(12) Section 22.01 of the Act is amended

(a) in subsection (1) of the French version

(ii) by striking out “à l’ordonnance, au jugement ou à l’arrêt” and substituting “à l’ordonnance ou au jugement”;

(b) by adding after subsection (1) the following:

22.01(1.1) Notwithstanding any other provision of this Act, where a competent tribunal makes a decree, order or judgment on or after the commencement of this subsection in relation to the division on the breakdown of a common-law partnership of a benefit that a contributor, or a former contributor, is or may be entitled to under this Act, the commuted value of the benefit shall be determined in accordance with the regulations as of the date of the breakdown of the common-law partnership and shall be divided in accordance with the decree, order or judgment of the tribunal.

22.01(2) The portion of the benefit to which the spouse or common-law partner of a contributor, or of a former contributor, is entitled under a decree, order or judgment referred to in subsection (1) or (1.1) shall be dealt with in accordance with the regulations.

(d) in subsection (3)

(i) by striking out the portion preceding paragraph (a) and substituting the following:

22.01(3) If a benefit has been divided under subsection (1) or (1.1), the spouse or common-law partner has no further right

(ii) by repealing paragraph (b) and substituting the following:

(e) in subsection (4) by striking out “that is entered into on or after January 1, 1997, provides” and substituting “is entered into on or after January 1, 1997, and provides”;

(f) by adding after subsection (4) the following:

22.01(4.1) Notwithstanding any other provision of this Act, where a written agreement in settlement of rights arising as a consequence of the breakdown of a common-law partnership is entered into on or after the commencement of this subsection and provides for the division on the breakdown of the common-law partnership of a benefit that a contributor, or a former contributor, is or may be entitled to under this Act, the commuted value of the benefit shall be determined as of the date of the breakdown of the common-law partnership in accordance with the regulations and shall be divided in accordance with the written agreement.

(g) in subsection (5) by striking out “subsection (4)” and substituting “subsection (4) or (4.1)”;

(h) by repealing subsection (7) and substituting the following:

22.01(7) A division of benefits under this section applies only in relation to benefits accrued between the date of marriage and the date of marriage breakdown or between the date of common-law partnership and the date of the breakdown of the common-law partnership, as the case may be.

37(13) Subsection 27(1) of the Act is amended

(a) in paragraph (f.3) by striking out “spouse” and substituting “spouse or common-law partner”;

(b) in paragraph (f.5) by striking out “on marriage breakdown” and substituting “on the breakdown of a marriage or common-law partnership”.

37(14) The English version of the Act is amended by striking out “his” wherever it appears in the following provisions and substituting “his or her”:

(a) section 2;

(b) subsection 3(1)

(i) paragraph (f);

(ii) paragraph (g);

(i) subparagraph (1)(a)(iv) in the portion following clause (C);

(ii) subsection (2);

(d) section 9

(i) paragraph (1)(a) in the portion preceding subparagraph (i);

(ii) subsection (3);

(e) section 12

(i) subsection (1)

(A) in the portion preceding paragraph (a);

(B) paragraph (b) in the portion following subparagraph (ii);

(D) paragraph (d)

(I) in the portion preceding subparagraph (i);

(II) in the portion following subparagraph (ii);

(ii) subsection (1.1);

(iii) subsection (3);

(iv) subsection (7);

(f) subsection 16(1);

(g) subsection 18(1);

(h) paragraph 19(2)(a);

(i) section 21;

(j) section 22.1

(i) subsection (5)

(A) paragraph (c);

(B) paragraph (d);

(ii) subsection (7).

37(15) The English version of the Act is amended by striking out “he” wherever it appears in the following provisions and substituting “he or she”:

(a) subsection 3(1)

(i) paragraph (b);

(ii) paragraph (c);

(b) subsection 4(1)

(i) subparagraph (a)(i);

(ii) paragraph (b)

(A) subparagraph (i)

(I) clause (A);

(II) clause (B);

(B) subparagraph (ii)

(I) clause (C);

(II) clause (C.1);

(III) clause (D);

(IV) clause (E);

(d) subsection 9(3);

(e) section 12

(i) subsection (1)

(A) paragraph (a);

(B) paragraph (b)

(I) in the portion preceding subparagraph (i);

(II) in the portion following subparagraph (ii);

(I) in the portion preceding subparagraph (i);

(II) subparagraph (ii);

(III) in the portion following subparagraph (v);

(D) paragraph (d)

(I) in the portion preceding subparagraph (i);

(II) subparagraph (i);

(III) in the portion following subparagraph (ii);

(E) paragraph (f);

(F) paragraph (g);

(ii) subsection (3);

(iii) subsection (5)

(A) paragraph (b);

(B) in the portion following paragraph (b);

(iv) subsection (7);

(f) subsection 17(3);

(g) subsection 18(1).

37(16) Section 4 of the English version of the Act is amended by striking out “him” wherever it appears in the following provisions and substituting “him or her”:

(a) subparagraph (1)(b)(ii)

(i) clause (C);

(ii) clause (C.1);

(iii) clause (D);

(iv) clause (E);

(b) subsection (2).

Amendments to Regulation under the Teachers’ Pension Act

38(1) The heading “Citation” preceding section 1 of the French version of New Brunswick Regulation 98-5 under the Teachers’ Pension Act is repealed and the following is substituted:

Titre

38(2) Section 1 of the Regulation is repealed and the following is substituted:

1 This Regulation may be cited as the Division of Benefits on the Breakdown of a Marriage or Common-law Partnership Regulation - Teachers’ Pension Act.

38(3) Section 2 of the Regulation is amended

(a) in subsection (1)

(i) in the French version of the definition « allocation de conjoint »

(A) by striking out “le conjoint d’un cotisant ou d’un ancien cotisant” and substituting “le conjoint du cotisant ou de l’ancien cotisant”;

(B) by striking out “de droits survenant en conséquence de la rupture du mariage ou en vertu d’une ordonnance, d’un jugement ou d’un arrêt” and substituting “des droits découlant de la rupture du mariage ou en vertu d’une ordonnance ou d’un jugement”;

(ii) by adding the following definition in alphabetical order:

(b) in subsection (2) by repealing the definition “commuted value” and substituting the following:

“commuted value” means the value of a benefit that a contributor or a former contributor is or may be entitled to under the Act and that is to be divided under section 22.01 of the Act, which value is calculated in accordance with subsection 3(1), (2), (3) or (4), as the case may be, and as of the date of the breakdown of his or her marriage or common-law partnership. (valeur de rachat)

38(4) Section 3 of the Regulation is amended

(a) in subsection (3)

(i) in the portion preceding paragraph (a) by striking out “the date of marriage breakdown” and substituting “the date of the breakdown of his or her marriage or common-law partnership”;

(ii) in paragraph (b) by striking out “the date of marriage breakdown” and substituting “the date of the breakdown of the marriage or common-law partnership”;

(b) in subsection (4)

(i) in the portion preceding paragraph (a) by striking out “on marriage breakdown” and substituting “on the breakdown of his or her marriage or common-law partnership”;

(ii) in paragraph (a) by striking out “the date of marriage breakdown” and substituting “the date of the breakdown of the marriage or common-law partnership”.

38(5) The heading “Date of marriage” preceding section 4 of the Regulation is repealed.

38(6) Section 4 of the Regulation is repealed.

38(7) The heading “Calculation of portion of commuted value to be divided on marriage breakdown” preceding section 5 of the Regulation is amended by striking out “on marriage breakdown” and substituting “on the breakdown of a marriage or common-law partnership”.

38(8) Subsection 5(1) of the Regulation is amended

(a) in the portion preceding the formula by striking out “on marriage breakdown” and substituting “on the breakdown of his or her marriage or common-law partnership”;

(b) in the explanation of “p” in the formula by striking out “on marriage breakdown” and substituting “on the breakdown of the marriage or common-law partnership”;

38(9) The heading “Types of instruments for portion of benefit payable to spouse” preceding section 6 of the Regulation is amended by striking out “spouse” and substituting “spouse or common-law partner”.

38(10) Section 6 of the Regulation is amended

(a) in subsection (1)

(i) in the portion preceding paragraph (a) by striking out “spouse” and substituting “spouse or common-law partner”;

(ii) in paragraph (a) by striking out “spouse” and substituting “spouse or common-law partner”;

(iii) in paragraph (b) by striking out “spouse” and substituting “spouse or common-law partner”;

(b) by repealing subsection (2) and substituting the following:

6(2) Subject to the requirements of the Income Tax Act (Canada), if the spouse or common-law partner of a contributor or a former contributor fails to direct the Minister to make a transfer or purchase in accordance with subsection (1) within 90 days after the later of the date on which the calculation was performed or the date of the written agreement in settlement of rights arising as a consequence of the breakdown of their marriage or common-law partnership or the decree, order or judgment made by a competent tribunal, the spouse or common-law partner shall be deemed to have directed the Minister to purchase a deferred life annuity or a life annuity with the portion of the benefit to which the spouse or common-law partner is entitled under section 22.01 of the Act.

(i) by striking out “to which the spouse” and substituting “to which the spouse or common-law partner”;

(ii) by striking out “to the spouse” and substituting “to the spouse or common-law partner, as the case may be,”.

38(11) The heading “Interest on spouse’s portion” preceding section 7 of the Regulation is amended by striking out “spouse’s portion” and substituting “spouse’s portion or common-law partner’s portion”.

38(12) Section 7 of the Regulation is amended

(a) by adding after subsection (1) the following:

7(1.1) If the commuted value of a benefit of a contributor or a former contributor is divided under section 22.01 of the Act, the common-law partner’s portion shall be credited with interest at a rate not lower than the rate in subsection (2) from the date of the breakdown of their common-law partnership to the date on which the common-law partner’s portion is transferred or used for a purchase under section 6.

(b) in subsection (2) by adding “or (1.1)” after “subsection (1)”.

38(13) Section 8 of the Regulation is amended

(a) in subsection (1) by striking out “less the spouse’s portion, including any escalated adjustment calculated in accordance with the escalation formula in effect under the Act on the date of marriage breakdown, between the date of marriage breakdown and the date of cessation of employment as a teacher” and substituting “less the spouse’s portion or common-law partner’s portion, including any escalated adjustment calculated in accordance with the escalation formula in effect under the Act on the date of the breakdown of their marriage or common-law partnership, as the case may be, between the date of the breakdown of the marriage or common-law partnership and the date of cessation of employment as a teacher”;

(c) in subsection (4) by striking out “the date of marriage breakdown” and substituting “the date of the breakdown of his or her marriage or common-law partnership, as the case may be”;

(d) in subsection (5)

(iii) in the explanation of “p” in the formula by striking out “spouse’s portion” and substituting “spouse’s portion or common-law partner’s portion, as the case may be,”.

38(14) Section 9 of the Regulation is amended

(a) in subsection (1)

(i) by striking out “to which the spouse” and substituting “to which the spouse or common-law partner”;

(iii) by striking out “the date of marriage breakdown” and substituting “the date of the breakdown of their marriage or common-law partnership, as the case may be,”;

(b) in subsection (2)

(i) in the portion preceding the formula by striking out “spouse’s share” and substituting “spouse’s share or common-law partner’s share”;

(ii) in the explanation of “D” in the formula by striking out “spouse’s share” and substituting “spouse’s share or common-law partner’s share, as the case may be”;

(iv) in the explanation of “p” in the formula by striking out “spouse’s portion” and substituting “spouse’s portion or common-law partner’s portion, as the case may be,”.

38(15) The heading “Subsequent marriage breakdown” preceding section 10 of the Regulation is repealed and the following is substituted:

Breakdown of a subsequent marriage or common-law partnership

38(16) Section 10 of the Regulation is amended by striking out “on a second or subsequent marriage breakdown” and substituting “on the breakdown of a second or subsequent marriage or common-law partnership”.

Tobacco Damages and Health Care Costs Recovery Act

Amendments to the Tobacco Damages and Health Care Costs Recovery Act

39 Paragraph 6(1)(c) of the English version of the Tobacco Damages and Health Care Costs Recovery Act, chapter T-7.5 of the Acts of New Brunswick, 2006, is amended by striking out “husband, wife” and substituting “spouse”.

Tortfeasors Act

Amendments to the Tortfeasors Act

40 Paragraph 2(b) of the English version of the Tortfeasors Act, chapter T-8 of the Revised Statutes, 1973, is amended by striking out “wife, husband” and substituting “spouse”.

Vital Statistics Act

Amendments to the Vital Statistics Act

41 Subsection 34(1) of the Vital Statistics Act, chapter V-3 of the Acts of New Brunswick, 1979, is amended by striking out “and is unmarried at the time that person makes an application under this section”.

Wills Act

Amendments to the Wills Act

42(1) Subsection 12(1) of the English version of the Wills Act, chapter W-9 of the Revised Statutes, 1973, is amended

(a) by striking out “then wife or husband” and substituting “then spouse”;

(b) by striking out “or the wife or the husband” and substituting “or his or her spouse”.

42(2) Section 13 of the English version of the Act is amended by striking out “wife or husband” and substituting “spouse”.

Workers’ Compensation Act

Amendments to the Workers’ Compensation Act

43(1) Section 1 of the French version of the Workers’ Compensation Act, chapter W-13 of the Revised Statutes, 1973, is amended in paragraph b) of the definition « conjoint » in the portion preceding subparagraph (i) by striking out “comme s’ils étaient mariés” and substituting “dans une relation conjugale”.

43(2) Subsection 10(7) of the English version of the Act is amended in the portion following paragraph (b) by striking out “his dependent spouse” and substituting “his or her dependent spouse”.

43(3) Paragraph 38.53(1)(b) of the English version of the Act is amended by striking out “his” and substituting “his or her”.

43(4) Section 38.6 of the English version of the Act is amended

(a) in subsection (2) by striking out “his” and substituting “his or her”;

(b) in subsection (12) in the portion preceding paragraph (a) by striking out “his” and substituting “his or her”.

43(5) Subsection 38.7(5) of the English version of the Act is amended by striking out “his” and substituting “his or her”.

43(6) Subsection 38.8(1) of the English version of the Act is amended by striking out “him” and substituting “him or her”.

43(7) Subsection 48(5.1) of the English version of the Act is amended by striking out “his” and substituting “his or her”.

Chapter Outline Update

2(2) to (5) (Evidence Act, c.E-11)

Strike out the entry for s.3, 3.1, 4 , 5 and substitute the following:

Competency and compellability respecting spouses3,3.1,4,5

17(1) (Members’ Pension Act, c.M-7.1)

Strike out the entries for s.1(1) and (2) and substitute the following, BUT LEAVE THE DEFINED TERMS

Definitions and interpretation1

17(8)

Strike out the entry for s.13 and substitute the following:

Surviving spouse’s pension or surviving common-law partner’s pension13

17(12)

Strike out the entry for s.16, 17 and substitute the following (note the entry for s.16 will be generated automatically due to the amendments above):

Payment where surviving spouse’s or common-law partner’s pension or children’s pension ceases17

17(14)

Strike out the entry for s.20.1 and substitute the following:

Division of benefits on breakdown of a marriage or common-law partnership20.1

19(1) (Members Superannuation Act, c.M-8)

Strike out the entries for s.1(1) and (2) and substitute the following, BUT LEAVE THE DEFINED TERMS:

Definitions and interpretation1

s.21(2)(a) (Ombudsman Act, c.O-5)

Strike out the entry for s.2(6) and substitute the following:

Pension and benefits for surviving spouse or surviving common-law partner2(6)

25(2) (Property Act, c.P-19)

Strike out the entries for s.23(1), (2) and (3) and substitute the following:

Conveyance of land23

26(1) (Provincial Court Act, c.P-21)

Strike out the entry for s.1(1) and (2) and substitute the following, BUT LEAVE THE DEFINED TERMS

Definitions and interpretation1

26(9)

Strike out the entry for s.17.3 and substitute the following:

Division of benefits on breakdown of a marriage or common-law partnership17.3

31(1) (Public Service Superannuation Act, c.P-26)

Strike out the entries for s.1(1) to (3) and substitute the following, BUT LEAVE THE DEFINED TERMS

Definitions and interpretation1

31(3)

Strike out the entry for s.1.1 and substitute the following:

Determination of date of marriage or common-law partnership1.1

31(8)

Strike out the entries for s.11(1) to (9) and substitute the following:

Surviving spouse’s pension or surviving common-law partner’s pension11

31(12)

Strike out the entry for s.19.1 and substitute the following:

Division of benefits on breakdown of a marriage or common-law partnership19.1

37(1) (Teachers’ Pension Act, c.T-1)

Strike out the entries for s.1(1) and (2) and substitute the following, BUT LEAVE THE DEFINED TERMS

Definitions and interpretation1

37(8)

Strike out the entries for s.13(1) to (9) and substitute the following:

Surviving spouse’s pension or surviving common-law partner’s pension13

37(9)

Strike out the entries for s.14(1) to (5) and substitute the following:

Children’s pension14

37(12)

Strike out the entry for s.22.01 and substitute the following:

Division of benefits on breakdown of a marriage or common-law partnership22.01