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Provincial
Pension Acts – Definition of Spouse
| Federal
|
The
person who is married to the member or who is party to
a void marriage with the member; or
“Common-law partner”: The person who is cohabiting
with the member in a conjugal relationship at the relevant
time, having so cohabited with the member for at least
1 year. |
| BC |
The
person who:
a) is married to the member and who was not living separate
and apart from the member for more than 2 years immediately
prior to the relevant time; or
b) if the above definition does not apply, at the relevant
time, was living and cohabiting with the member in a marriage-like
relationship, including a marriage-like relationship between
persons of the same gender, and who have been living and
cohabiting in that relationship for a period of at least
2 years immediately preceding the relevant time. |
| AB |
“Pension
partner”
a) The person who, at the relevant time, was married to
another person and had not been living separate and apart
from that other person for 3 or more consecutive years;
or
b) if there is no person to whom a) applies, the person
who immediately preceding the relevant time, had lived
with that other person in a conjugal relationship (i)
for a continuous period of at least 3 years or, (ii) of
some permanence, if there is a child of the relationship
by birth or adoption. |
| SK |
The
person who:
a) is married to the member; or
b) if the member is not married, has been continuously
cohabiting with the member as his spouse for at least
1 year before the relevant time and who was still cohabiting
with the member at the relevant time. |
| MB |
The
person who is married to the member; or
“Common-law partner”: The person who:
a) with the member, registered a common-law relationship
under The Vital Statistics Act; or
b) not being married to the member, cohabited with him
or her in a conjugal relationship for a period of (i)
at least three years, if either of them is married, or
(ii) at least one year, if neither of them is married.
|
| ON |
The
person who:
a) is married to the member; or
b) is not married to the member and who has been living
with the member in a conjugal relationship continuously
for a period of not less than three years, or who is in
a relationship of some permanence if the person and the
member are the natural or adoptive parents of a child,
both as defined in the Family Law Act. |
| QU |
The
person who:
a) is married to, or in a civil union with, the member;
or
b) whether of the opposite sex or not, has been living
in a conjugal relationship with the member, who is neither
married nor in a civil union, for a period of not less
than (i) 3 years or (ii) 1 year,
if at least one child is born or is to be born from the
relationship; or that person and the member have adopted
together at least one child during their conjugal relationship;
or that person or
the member have adopted at least one child of the other
during their conjugal relationship. The birth or adoption
of a child during a marriage, a civil union or a period
of conjugal relationship prior to the conjugal relationship
in existence on the day as of which spousal status is
established may qualify a person as a spouse. |
| NB |
The
person who:
a) is married to the member; or
b) is married to the member by a marriage that is voidable
and has not been annulled by a declaration of nullity;
or
c) in good faith, has gone through a form of marriage
with the member that is void and who has cohabited with
the member within the preceding year; or
d) is not married to the member, but has cohabited with
him or her (i) continuously for at least 3 years in a
conjugal relationship, during which period one was substantially
dependent upon the other for support, or (ii) in a relationship
of some permanence, where there is a child born of whom
they are the natural parents, and have cohabited within
the preceding year. |
| NS |
The
person who:
a) is married to the member; or
b) is married to the member by a marriage that is voidable
and has not been annulled
by a declaration of nullity; or
c) in good faith, has gone through a form of marriage
with the member that is void and who is cohabiting or,
if they have ceased to cohabit, has cohabited with the
member within the 12-month period immediately preceding
the date of entitlement.
“Common-law partner”: The person who has cohabited
with the member in a conjugal
relationship for a period of at least two years, neither
of them being a spouse.
“Domestic partners”: The persons who, together,
have filed a valid domestic-partner declaration under
the Vital Statistics Act of the province. They have the
same rights and obligations as spouses for pension purposes.
|
| PEI |
The
person who: a) is married to the member; or
b) the person who is married to the member by a marriage
that is voidable and has not been
annulled by a declaration of nullity; or
c) in good faith, the person who has gone through a form
of marriage with the member that
is void and who is cohabiting, or if they have ceased
to cohabit, has cohabited with the member within the 12-month
period immediately preceding the date of entitlement;
or
d) the person who has lived with the member as husband
and wife for at least 3 years and who was still living
with the member as husband and wife at the relevant time,
provided that this person and the member were unmarried. |
| NL |
Spouse
:The person who:
a) is married to the member; or
b) is married to the member by a marriage that is voidable
and has not been annulled by a judgment of nullity; or
c) in good faith, the person who has gone through a form
of marriage with the member that
is void and who is cohabiting, or has cohabited within
the preceding year.
Cohabiting
Partner: The person who is cohabiting or has cohabited
with the member within the preceding year and has cohabited
continuously with the member in a conjugal relationship
for:
(i) in relation to am ember who has a spouse, at least3
years, provided the person is not the spouse of the
member: or
(ii)
in relation to a member who does not have a spouse,
at least 1 year.
|
| ITA |
Spouse
A spouse is a person to whom the member is legally married.
Common-law partner
A common-law partner applies to a person who is not
a spouse , with whom the member is living in
a conjugal relationship, and to whom at least one
of the following situations applies. He or she:
a) has been living with the member in a conjugal relationship
for at least 12 continuous months;
b) is the parent of the member’s child by birth
or adoption; or
c) has custody and control of the member’s child
(or had custody and control immediately before the child
turned 19 years of age) and the member’s child is
wholly dependent on that person for support.
In addition, an individual immediately becomes the member’s
common-law partner if the member previously lived together
in a conjugal relationship for at least 12 continuous
months and the member have resumed living together in
such a relationship. Under proposed changes,
this condition will no longer exist. The effect of this
proposed change is that a person (other than a person
described in b) or c) above) will be the member’s
common-law partner only after the member’s current
relationship with that person has lasted at least 12 continuous
months. This proposed change will apply to 2001 and later
years. |
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