Debates of October 22, 2004 (day 26)

Thank you, Mr. Speaker. Mr. Speaker, I move, seconded by the honourable Member for Weledeh, that Bill 17, Modernization of Benefits and Obligations Act, be read for the second time.

Mr. Speaker, this bill amends several acts to ensure that references to "spouse" appropriately capture persons who live in spousal relationships outside marriage, so that the rights or obligations provided for or imposed under those acts are equitably applied to persons in different forms of spousal relationships.

This particular bill:

amends the Conflict of Interest Act to ensure that the term "spouse" includes couples who live together in a conjugal relationship of any duration;

amends the Dependants Relief Act to substitute a definition "spouse" that adopts the meaning assigned to the term by section 1 of the Family Law Act;

amends a provision of the Education Act relating to the conflict of interest requirements for members of education bodies to ensure that the term "spouse" includes couples who live together in a conjugal relationship of any duration;

amends a provision of the Hospital Insurance and Health and Social Services Administration Act relating to a conflict of interest disqualification from membership on a board of management, to ensure that the term "spouse" includes couples who live together in a conjugal relationship of any duration;

repeals a provision of the Human Tissue Act which defines "cohabit" and "spouse," thus allowing the new Interpretation Act definition of "spouse" to apply;

amends the Interpretation Act to add a definition "spouse" which will apply generally to Northwest Territories enactments that refer to that term, unless a contrary intention is expressed in a particular enactment;

amends the Intestate Succession Act to repeal the definitions "spouse" and "cohabit" and to substitute a definition "spouse" that adopts the meaning assigned to the term by section 1 of the Family Law Act. The Intestate Succession Act is also amended to add a statement that preserves application of the previous law to persons who die intestate before this bill comes into force.

amends the Marriage Act to clarify that a requirement to provide proof of death of a previous spouse upon marriage only applies where the person and the deceased spouse had been married. This amendment does not change the eligibility of persons to marry under the Marriage Act.

amends a provision of the Wills Act relating to the attestation of wills to provide that the definition "spouse" added to the Interpretation Act by this bill does not apply to an attestation that was made before this bill comes into force;

amends the Workers' Compensation Act to provide that the definition "spouse" added to the Interpretation Act by this bill does not apply to the Workers' Compensation Act.

Thank you, Mr. Speaker.

There’s a motion on the floor. The motion is in order. To the principle of the bill.

Question.

Question is being called. All those in favour? All those opposed? The motion is carried.

--Carried