BILL NO. 75

(as amended)

1st Session, 58th General Assembly
Nova Scotia
49 Elizabeth II, 2000

Government Bill

Law Reform (2000) Act

CHAPTER 29 OF THE ACTS OF 2000

The Honourable Michael G. Baker, Q.C.
Minister of Justice

First Reading: November 6, 2000

Second Reading: November 14, 2000

Third Reading: November 30, 2000 (WITH COMMITTEE AMENDMENTS)

Royal Assent: November 30, 2000

Be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Law Reform (2000) Act.

PART I

FAMILY MAINTENANCE ACT

2 (1) The long title of Chapter 160 of the Revised Statutes, 1989, is changed from "An Act Respecting Family Maintenance" to "An Act Respecting the Maintenance of Spouses, Common-law Partners and Dependants".

(2) Section 1 of Chapter 160 is repealed and the following Section substituted:

1 This Act may be cited as the Maintenance and Custody Act.

3 Section 2 of Chapter 160, as amended by Chapter 3 of the Acts of 1997 (2nd Session), is further amended by

(a) adding immediately after clause (a) the following clause:

(aa) "common-law partner" of an individual means another individual who has cohabited with the individual in a conjugal relationship for a period of at least two years;

and

(b) repealing clause (m) and substituting the following clause:

(m) "spouse" means either of a man or woman who are married to each other.

4 (1) Subsection 3A(1) of Chapter 160, as enacted by Chapter 3 of the Acts of 1997 (2nd Session), is amended by adding "or common-law partner" immediately after "spousal" in the third line.

(2) Subsection 3A(2) of Chapter 160, as enacted by Chapter 3 of the Acts of 1997 (2nd Session), is amended by adding "or common-law partner" immediately after "spousal" in the first and in the last line.

5 Clause 4(l) of Chapter 160, as amended by Chapter 3 of the Acts of 1997 (2nd Session), is further amended by adding "or common-law partner's" immediately after "spouse's" in the second line.

6 (1) Subsection 6(2) of Chapter 160 is amended by

(a) striking out "or" at the end of clause (a);

(b) striking out "spouses" in the second line of clause (b) and substituting "common-law partners";

(c) striking out the period at the end of clause (b) and substituting a semi-colon; and

(d) adding immediately after clause (b) the following clauses:

(c) marries;

(d) remarries;

(e) cohabits with another person in a conjugal relationship.

(2) Subsection 6(3) of Chapter 160 is repealed.

7 Clause 29(1)(a) of Chapter 160, as enacted by Chapter 3 of the Acts of 1997 (2nd Session), is amended by adding "or common-law partner" immediately after "spousal" in the second line.

8 Chapter 160 is further amended by adding

(a) "or common-law partner" immediately after "spouse" wherever it appears in Chapter 160, except in clause 2(m); and

(b) "or common-law partners" immediately after "spouses" wherever it appears in Chapter 160, except in clause 6(2)(b).

PART II

FATAL INJURIES ACT

9 Section 2 of Chapter 163 of the Revised Statutes, 1989, the Fatal Injuries Act, is amended by

(a) adding immediately after clause (a) the following clause:

(aa) "common-law partner" of an individual means another individual who has cohabited with the individual in a conjugal relationship for a period of at least one year immediately preceding the death of the individual;

and

(b) adding immediately after clause (c) the following clause:

(ca) "spouse" means either of a man or woman who are married to each other;

10 Subsection 4(2) of Chapter 163 is amended by striking out "wife, husband" in the sixth line and substituting "spouse, common-law partner".

11 Subsection 5(1) of Chapter 163 is amended by striking out "wife, husband" in the second line and substituting "spouse, common-law partner".

12 Section 13 of Chapter 163 is repealed.

PART III

HEALTH ACT

13 Section 2 of Chapter 195 of the Revised Statutes, 1989, the Health Act, is amended by

(a) adding immediately after clause (a) the following clause:

(aa) "common-law partner" of an individual means another individual who has cohabited with the individual in a conjugal relationship for a period of at least two years, neither of them being a spouse;

and

(b) adding immediately after clause (z) the following clause:

(za) "spouse" means either of a man or woman who are married to each other;

14 Subsection 136(3) of Chapter 195, as enacted by Chapter 19 of the Acts of 1992, is amended by adding "or common-law partner" immediately after "spouse" in the fourth and in the fifth lines.

PART IV

HOSPITALS ACT

15 Section 2 of Chapter 208 of the Revised Statutes, 1989, the Hospitals Act, is amended by

(a) adding immediately after clause (c) the following clause:

(ca) "common-law partner" of an individual means another individual who has cohabited with the individual in a conjugal relationship for a period of at least two years;

(b) striking out the period at the end of clause (u) and substituting a semi-colon; and

(c) adding immediately after clause (u) the following clause:

(v) "spouse" means either of a man or woman who are married to each other.

16 Chapter 208 is further amended by adding "or common-law partner" immediately after "spouse" wherever it appears in Chapter 208, except in clause 2(v).

PART V

INCOME TAX ACT

17 (1) Clause (a) of the description of B in subsection 10(1) of Chapter 217 of the Revised Statutes, 1989, the Income Tax Act, as enacted by Chapter 4 of the Acts of 2000, is amended by

(a) adding "or a person who is in a common-law partnership" immediately after "person" in the third line;

(b) adding "or common-law partner" immediately after "spouse" in the fourth, in the fifth, in the fifteenth and in the seventeenth lines;

(c) adding "or common-law partnership" immediately after "marriage" in the sixth and seventh lines and in the twentieth line;

(d) adding "or common-law partner's" immediately after "spouse's" in the twentieth line; and

(e) adding "or in a common-law partnership" immediately after "married" in the twenty-first line.

(2) Subclause (b)(i) of the description of B in subsection 10(1) of Chapter 217 is repealed and the following subclause substituted:

(i) is either

(A) an unmarried person and does not live in a common-law partnership, or

(B) a person who is married or in a common-law partnership who neither supported nor lived with their spouse or common-law partner and who is not supported by that spouse or common-law partner,

(3) Paragraph (d)(ii)(B) of the description of B in subsection 10(1) of Chapter 217, as enacted by Chapter 4 of the Acts of 2000, is amended by adding "or common-law partner" immediately after "spouse" in the sixth line.

18 Clause (a) of the description of D in Section 12 of Chapter 217, as enacted by Chapter 4 of the Acts of 2000, is amended by adding "or common-law partner" immediately after "spouse" in the second line.

19 Subsection 19(4) of Chapter 217, as enacted by Chapter 4 of the Acts of 2000, is amended by adding "or common-law partner" immediately after "spouse" in the fourth line, in the seventh line of subclause (a)(ii) and in the seventh line of subclause (b)(ii).

20 (1) Paragraph 36(1)(c)(iii)(A) of Chapter 217, as enacted by Chapter 4 of the Acts of 2000, is amended by adding "or common-law partner" immediately after "spouse" in the seventh line.

(2) Clause 36(2)(b) of Chapter 217, as enacted by Chapter 4 of the Acts of 2000, is repealed and the following clause substituted:

(b) the individual's spouse or common-law partner if the individual was married or in a common-law partnership at the end of the taxation year and resided with the spouse or common-law partner at the end of the taxation year.

(3) Subclause 36(3)(a)(ii) of Chapter 217, as enacted by Chapter 4 of the Acts of 2000, is repealed and the following subclause substituted:

(ii) where the individual is married or in a common-law partnership at the end of the taxation year and resided on December 31st in the taxation year with the individual's spouse or common-law partner, the lesser of $2,000 and the total of all qualifying contributions made by the spouse or common-law partner in the taxation year to a Nova Scotia Home Ownership Savings Plan of which the spouse or common-law partner is the planholder;

(4) Subsection 36(5) of Chapter 217, as enacted by Chapter 4 of the Acts of 2000, is amended by

(a) adding "or in a common-law partnership" immediately after "married" in the second line; and

(b) adding "or common-law partner" immediately after "spouse" in the third line.

21 (1) If the proposed sections 130 to 142 of the Modernization of Benefits and Obligations Act (Canada) apply in respect of the 2000 taxation year to a taxpayer and a person who would have been the taxpayer's common-law partner in that year had those sections of that Act applied in that year, clause (a), subclause (b)(i) and paragraph (d)(ii)(B) of the description of B in subsection 10(1), clause (a) of the description of D in Section 12, subsection 19(4) and Section 36 of the Income Tax Act apply to the taxpayer and that person in respect of the 2000 and subsequent taxation years.

(2) Clause (a), subclause (b)(i) and paragraph (d)(ii)(B) of the description of B in subsection 10(1), clause (a) of the description of D in Section 12, subsection 19(4) and Section 36 of the Income Tax Act apply to the 2000 taxation year, except those provisions shall be read without reference to "or common-law partner" and without reference to "or common-law partnership" for that taxation year unless a valid election is made by the taxpayer under section 144 of the Modernization of Benefits and Obligations Act (Canada) that the Income Tax Act (Canada) apply to the taxpayer in respect of that taxation year.

(3) Section 146 of the Modernization of Benefits and Obligations Act (Canada) applies for the purpose of this Section.

PART VI

INSURANCE ACT

22 Section 3 of Chapter 231 of the Revised Statutes, 1989, the Insurance Act, is amended by

(a) adding immediately after clause (f) the following clause:

(fa) "common-law partner" of an individual means another individual who has cohabited with the individual in a conjugal relationship for a period of at least one year, neither of them being a spouse; and

(b) adding immediately after clause (s) the following clause:

(sa) "spouse" means either of a man or woman who are married to each other;

23 Subparagraph (2) of paragraph B of subsection 2 of Schedule B to Part VI of Chapter 231 is repealed.

24 Chapter 231 is further amended by adding "or common-law partner" immediately after "spouse" wherever it appears in Chapter 231, except in clause 3(sa).

PART VII

MEMBERS' RETIRING ALLOWANCES ACT

25 Section 24 of Chapter 282 of the Revised Statutes, 1989, the Members' Retiring Allowances Act, as recommended by the Nova Scotia Commission of Inquiry on Remuneration of Elected Provincial Officials for 1999, is amended by

(a) adding "(1)" immediately after the Section number;

(b) adding "or common-law partner" immediately after "spouse"; and

(c) adding the following subsection:

(2) In subsection (1), "common-law partner" means, in relation to an individual, a person who has cohabited with the individual in a conjugal relationship for a period of at least two years, neither of them being a spouse.

PART VIII

PENSION BENEFITS ACT

26 Section 2 of Chapter 340 of the Revised Statutes, 1989, the Pension Benefits Act, is amended by

(a) adding immediately after clause (g) the following clause:

(ga) "common-law partner" of an individual means another individual who has cohabited with the individual in a conjugal relationship for a period of at least two years, neither of them being a spouse;

(b) adding "or" immediately after subclause (aj)(ii);

(c) striking out ", or" immediately after subclause (aj)(iii) and substituting a semicolon; and

(d) repealing subclause (aj)(iv).

27 Section 61 of Chapter 340 is repealed and the following Section substituted:

61 (1) Where a member or former member is entitled to a pension or a pension benefit and

(a) a petition for divorce is filed;

(b) an application is filed for a declaration of nullity; or

(c) the member or former member and that person's spouse or common-law partner have been living separate and apart and there is no reasonable prospect of the resumption of cohabitation,

the pension or pension benefit earned during the marriage or the cohabitation of common-law partners may be divided in accordance with the regulations between the member or former member and that person's spouse or common-law partner by an order of the Supreme Court of Nova Scotia, or in such other manner as is prescribed in the regulations.

(2) Notwithstanding subsection (1), the spouse or common-law partner of the member or former member shall not receive more than one half of the pension or pension benefit earned during the marriage or cohabitation of common-law partners.

28 Chapter 340 is further amended by adding immediately after Section 71 the following Section:

71A (1) Notwithstanding any enactment, for the purpose of enforcement of a maintenance order as defined in the Maintenance Enforcement Act,

(a) money payable under a pension plan to a former member or a person as a result of a division under Section 61 or payable from a prescribed retirement savings arrangement or life annuity that results from a purchase or transfer under Section 50, 51 or 56 or subsection (2) of Section 78 is subject to a garnishment pursuant to the Maintenance Enforcement Act and the prescribed requirements under that Act respecting garnishment;

(b) a deferred pension or pension benefit of a former member or of a person that results from a division under Section 61 or a deferred life annuity or prescribed retirement savings arrangement of a person that results from a purchase or transfer pursuant to Section 50, 51 or 56 or subsection(2) of Section 78 is subject to attachment by the Director of Maintenance Enforcement in accordance with the Maintenance Enforcement Act and the prescribed requirements under that Act respecting attachment of a pension entitlement.

(2) Where an amount has been attached by the Director of Maintenance Enforcement as described in clause (b) of subsection (1), the administrator shall deduct from the commuted value of the deferred pension, pension benefit or the deferred life annuity or from the money transferred to a prescribed retirement savings arrangement,

(a) the cost of complying with the attachment calculated in the prescribed manner;

(b) the total amount of taxes, if any, that are required to be deducted or withheld as a result of the attachment; and

(c) the lesser of

(i) the amount attached, and

(ii) the remainder of the commuted value of the deferred pension, pension benefit or deferred life annuity or the remainder of the money transferred to a prescribed retirement savings arrangement.

(3) Where an amount has been attached as described in clause (b) of subsection (1),

(a) the person whose entitlement has been attached has no further claim or entitlement to any pension or benefit respecting the amount attached;

(b) the entitlement of a person after the person's entitlement has been attached is calculated on the basis of the commuted value of the person's deferred pension, pension benefit or deferred life annuity after the deduction of the amounts referred to in subsection (2) or the entitlement is the remainder of the money in the prescribed retirement savings arrangement after the deduction of the amounts referred to in subsection (2); and

(c) neither the administrator nor the plan is liable to any person by reason of having made payment pursuant to an attachment referred to in clause (b) of subsection (1).

29 Clause 105(1)(l) of Chapter 340 is repealed and the following clauses substituted:

(l) respecting the division of pension or pension benefits pursuant to Section 61;

(la) respecting commencement of payment of a pension for the purpose of Section 61;

(lb) respecting circumstances in which Section 50 is applicable to a spouse or common-law partner of a member or former member for the purpose of Section 61;

(lc) respecting the entitlement to a pension or pension benefit divided under Section 61 upon the death of

(i) a member or former member, or

(ii) a spouse or common-law partner of a member or former member;

(ld) prescribing limitations on fees that may be charged by administrators in relation to divisions made pursuant to Section 61;

30 Chapter 340 is further amended by adding "or common-law partner" immediately after "spouse" wherever it appears in Chapter 340.

PART IX

PROVINCIAL COURT ACT

31 (1) Subsection 23(1) of Chapter 238 of the Revised Statutes, 1989, the Provincial Court Act, is repealed and the following subsection substituted:

(1) In this Section,

(a) "common-law partner" of an individual means another individual who has cohabited with the individual in a conjugal relationship for a period of at least two years, neither of them being a spouse;

(b) "spouse", "child" and "dependant" have the same meaning as in the Public Service Superannuation Act.

(2) Clause 23(2)(c) of Chapter 238 is amended by adding ", common-law partner" immediately after "spouse" in the first line.

(3) Clause 23(3)(c) of Chapter 238 is amended by adding ", common-law partner immediately after "spouse" in the first line.

(4) Subsection 23(5) of Chapter 238 is amended by adding ", common-law partner" immediately after "spouse" in the sixth line.

PART X

VITAL STATISTICS ACT

32 Section 2 of Chapter 494 of the Revised Statutes, 1989, the Vital Statistics Act, as amended by Chapter 8 of the Acts of 1998, is further amended by adding immediately after clause (h) the following clause:

(ha) "domestic partnership" means a relationship between two persons who have filed a domestic-partner declaration in accordance with Part II;

33 Chapter 494 is further amended by adding the heading "PART I" immediately after Section 2.

34 Chapter 494 is further amended by adding immediately after Section 16 the following Sections:

16A Upon receipt within one year of the date of signing of a completed domestic-partner declaration in the prescribed form in accordance with Part II together with the prescribed fees, the Registrar shall, if satisfied of its truth and sufficiency, register the domestic partnership.

16B Where a domestic-partner declaration is not registered within one year from the date it was signed by the parties, if application for its registration is made by any person to the Registrar in the prescribed form, verified by statutory declaration and accompanied by the prescribed fee and by a statement in the prescribed form respecting the domestic partnership and such other evidence as may be prescribed, the Registrar, if satisfied of the truth and sufficiency of the matters stated in the application and that the application is made in good faith, shall register the domestic partnership.

35 Subsection 26(5) of Chapter 494 is amended by adding ", domestic partnership" immediately after "marriage" in the fourth and fifth lines.

36 Subsection 27(3) of Chapter 494 is amended by adding ", domestic partnership" immediately after "marriage" in the second line.

37 (1) Clause 35(1)(c) of Chapter 494 is amended by adding ", domestic partnerships" immediately after "marriages" in the fourth and fifth lines.

(2) Subsection 35(3) of Chapter 494 is amended by adding ", domestic partnership" immediately after "marriage" in the second line.

38 (1) Clause 36(1)(a) of Chapter 494 is amended by

(1) adding ", domestic partnership" immediately after "marriage" in the second line; and

(b) adding ", termination of domestic partnership" immediately after "name" in the third line.

(2) Subsection 36(2) of Chapter 494 is amended by

(a) adding ", domestic partnership" immediately after "marriage" in the third line; and

(b) adding ", termination of domestic partnership" immediately after "name" in the third line.

39 Section 37 of Chapter 494 is amended by adding immediately after subsection (11) the following subsections:

(12) Any person, upon applying in the prescribed form and paying the prescribed fee, may, if the Registrar is satisfied that it is not to be used for an unlawful or improper purpose, obtain a certificate in respect of the registration of a domestic partnership, which certificate shall contain the following particulars only of the registration:

(a) the names of the parties to the domestic partnership;

(b) the birth dates of the parties to the domestic partnership;

(c) addresses of the parties to the domestic partnership;

(d) the date of registration of the domestic partnership; and

(e) the serial number of the registration.

(13) A certified copy, photographic print or certificate of the full particulars of the registration of a domestic partnership shall not be issued except to

(a) a party to the domestic partnership;

(b) a person upon the authority in writing of the Minister; or

(c) a person upon the order of a judge or court.

40 (1) Subsection 40(1) of Chapter 494 is amended by adding ", domestic partnership" immediately after "marriage" in the second line.

(2) Subsection 40(3) of Chapter 494 is amended by adding ", domestic partnership" immediately after "marriage" in the third line.

41 Section 41 of Chapter 494 is amended by

(a) adding ", domestic partnerships" immediately after "marriages" in the third line; and

(b) adding ", terminations of domestic partnerships" immediately after "name" in the third line.

42 Section 43 of Chapter 494 is amended by

(a) adding ", domestic partnerships" immediately after "marriages" in the fourth line; and

(b) adding ", terminations of domestic partnerships" immediately after "name" in the fifth line.

43 Section 48 of Chapter 494 is amended by adding ", domestic partnerships" immediately after "marriages" in the third line.

44 Subsection 51(1) of Chapter 494, as amended by Chapter 8 of the Acts of 1998, is further amended by

(a) repealing clause (f) and substituting the following clause:

(f) for the registration of births, marriages, domestic partnerships, deaths, stillbirths, dissolutions and annulments of marriage, termination of domestic partnerships, adoptions or changes of name in cases not otherwise provided for in this Act; and

(b) adding ", domestic partnership" immediately after "marriage" in the second and third lines of clause (j).

45 Chapter 494 is further amended by adding immediately after Section 51 the following headings and Sections:

PART II

DOMESTIC PARTNERS

52 In this Part,

(a) "domestic partner" means an individual who is a party to a registered domestic-partner declaration made in accordance with Section 53 and does not include a former domestic partner;

(b) "former domestic partner" means an individual who becomes a former domestic partner pursuant to subsection 55(1);

(c) "register" means the register maintained by the Registrar.

53 (1) Subject to this Section, two individuals who are cohabiting or intend to cohabit in a conjugal relationship may make a domestic-partner declaration in the prescribed form.

(2) The domestic-partner declaration shall be signed by both parties and witnessed by one or more people.

(3) A person may not make a domestic-partner declaration if the person is a minor.

(4) A person may not make a domestic-partner declaration if the person is not ordinarily resident in the Province or the owner of real property in the Province at the time of the registration of the declaration.

(5) A person may not make a domestic-partner declaration if the person is married.

(6) A person may not make a domestic-partner declaration if the person is a party to another subsisting declaration while the other party to that declaration is still alive.

(7) A domestic-partner declaration executed by two persons who intend to revoke it is invalid.

54 (1) In accordance with this Act, either of two individuals who are cohabiting in a conjugal relationship may submit a domestic-partner declaration made under Section 53 to the Registrar for registration together with

(a) prescribed registration fees; and

(b) such proof as the Registrar may require that the parties are eligible to make a domestic-partner declaration.

(2) Upon registration of a domestic-partner declaration, domestic partners, as between themselves and with respect to any person, have as of the date of the registration the same rights and obligations as

(a) a spouse under the Fatal Injuries Act;

(b) a spouse under the Health Act;

(c) a spouse under the Hospitals Act;

(d) a spouse under the Insurance Act;

(e) a spouse under the Intestate Succession Act;

(f) a spouse under the Maintenance and Custody Act;

(g) a spouse under the Matrimonial Property Act;

(h) a spouse under the Members' Retiring Allowances Act;

(i) a spouse under the Pension Benefits Act;

(j) a spouse under the Probate Act;

(k) a spouse under the Provincial Court Act;

(l) a widow or widower under the Testators' Family Maintenance Act,

and those Acts apply mutatis mutandis to the domestic partners.

(3) A domestic-partner declaration that is not registered is

(a) effective as between the parties to it, during their joint lifetimes, to confer on each of them the status, rights and obligations of domestic partners; and

(b) with respect to a competition with or a claim against another individual, evidence that the parties are domestic partners.

55 (1) A domestic partner becomes the former domestic partner of another person after the earliest of the following events occur:

(a) the parties file with the Registrar an executed statement of termination in the prescribed form;

(b) the parties live separate and apart for more than one year and one or both parties has the intention that the relationship not continue;

(c) one of the domestic partners marries another person; and

(d) the parties make a written agreement that would qualify as a separation agreement under Section 52 of the Maintenance and Custody Act.

(2) For the purpose of clause (1)(a) and subsection 53(4), a period during which parties have lived separate and apart is not considered to have been interrupted or terminated

(a) by reason only that either party has become incapable of forming or having an intention that the relationship not continue if it appears to the court that the separation would probably have continued if the party had not become so incapable; or

(b) by reason only that the parties have resumed cohabitation during a period of, or periods totalling, not more than ninety days with reconciliation as its primary purpose.

(3) Where a circumstance listed in subsection (1) occurs terminating the domestic partnership, subject to the provisions of any other statute expressly addressing the rights of domestic partners, each of the former domestic partners has the same rights and obligations under the statutes referred to in subsection 54(2) that accrue to former spouses after a marriage has ended by separation, separation agreement or court order, as the case may be.

56 (1) A domestic-partner declaration made in accordance with Section 53 is binding until terminated in the circumstances listed in Section 55 whether or not

(a) there is valuable consideration for the domestic-partner declaration; or

(b) one or both parties had independent legal advice.

(2) Registration of an invalid domestic-partner declaration does not validate the declaration.

(3) A person who makes a domestic-partner declaration intending to revoke it is liable in damages to compensate

(a) a person who is not a party to the domestic-partner declaration for pecuniary loss incurred in reliance on the declaration; and

(b) an innocent person with whom the domestic partnership is claimed for pecuniary and non-pecuniary loss incurred as a consequence of the domestic-partner declaration.

(4) A domestic-partner declaration is invalid if it was obtained by fraud, duress or undue influence or in circumstances under which a marriage could be annulled.

(5) Where a person

(a) purports to make a domestic-partner declaration in circumstances under which the person is not permitted to do so by Section 53; or

(b) uses a domestic-partner declaration to claim a domestic partnership with another person who has not signed the declaration, or whose signature has been obtained in the circumstances referred to in subsection (4),

the invalid domestic-partner declaration is, where relevant, evidence of a marriage-like relationship with the other party to the declaration, and the person is liable in damages to compensate

(c) a person who is not a party to the domestic-partner declaration who suffers pecuniary loss incurred in reliance of the invalid domestic-partner declaration; and

(d) an innocent party with whom the domestic partnership is claimed for pecuniary and non-pecuniary loss incurred as a consequence of the invalid domestic-partner declaration.

57 The Registrar shall note on the register the termination of a registered domestic-partner declaration upon the payment of the prescribed filing fees and upon receipt of

(a) a statement of termination in the prescribed form signed by both domestic partners;

(b) an affidavit in the prescribed form swearing or affirming to the fact that the domestic partnership has ended under clause 55(1)(a) by reason of the parties having been separated for more than one year and one or both parties has the intention that the relationship not continue;

(c) a true copy of the certificate of marriage of the domestic partners or of one of the domestic partners to another person; or

(d) a written agreement between the parties to the domestic-partner declaration that would qualify as a separation agreement under Section 52 of the Maintenance and Custody Act.

58 For greater certainty, the Partnership Act does not apply to the relationship created by the making of a domestic-partner declaration.

59 (1) The Governor in Council may make regulations

(a) providing for the registration of domestic partnerships or registration of the termination of domestic partnerships, in cases not otherwise provided for in this Part;

(b) prescribing the forms to be used under this Part;

(c) prescribing the registration fees to be paid under this Part.

(2) The exercise by the Governor in Council of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act.

PART XI

EFFECTIVE DATES

46 (1) Parts I to IV and Parts VI to X have effect on and after June 4, 2001.

(2) Part V has effect on and after January 1, 2001.