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2nd Session, 36th Parliament,
48-49 Elizabeth II, 1999-2000

The House of Commons of Canada

BILL C-23

An Act to modernize the Statutes of Canada in relation to benefits and obligations

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Short title

1. This Act may be cited as the Modernization of Benefits and Obligations Act.

INTERPRETATION

Interpreta-
tion

1.1 For greater certainty, the amendments made by this Act do not affect the meaning of the word "marriage", that is, the lawful union of one man and one woman to the exclusion of all others.

1997, c. 20

AGRICULTURAL MARKETING PROGRAMS ACT

2. (1) Subparagraph 3(2)(a)(ii) of the Agricultural Marketing Programs Act is replaced by the following:

      (ii) marriage, in the sense that one is married to the other or to a person who is connected with the other by blood relationship or adoption,

      (ii.1) common-law partnership, in the sense that one is in a common-law partnership with the other or with a person who is connected with the other by blood relationship or adoption, or

(2) Subsection 3(3) of the Act is replaced by the following:

Definitions

(3) For the purposes of subsection (2),

``common-la w partnership''
« union de fait »

``common-law partnership'' means the relationship between two persons who are cohabiting in a conjugal relationship, having so cohabited for a period of at least one year;

``group of persons''
« groupe »

``group of persons'' means a producer that is a partnership, cooperative or other association of persons.

1991, c. 46

BANK ACT

3. Section 2 of the Bank Act is amended by adding the following in alphabetical order:

``common-la w partner''
« conjoint de fait »

``common-law partner'', in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year;

4. Paragraphs (d) and (e) of the definition ``associate of the offeror'' in subsection 283(1) of the Act are replaced by the following:

      (d) a spouse or common-law partner of the offeror,

      (e) a child of the offeror or of the offeror's spouse or common-law partner, or

      (f) a relative of the offeror or of the offeror's spouse or common-law partner, if that relative has the same residence as the offeror;

1997, c. 15, s. 71(3)

5. (1) Subsection 496(5) of the Act is replaced by the following:

Preferred terms - loan to spouse or common-law partner

(5) Notwithstanding section 501, a bank may make a loan referred to in paragraph 491(b) to the spouse or common-law partner of a senior officer of the bank on terms and conditions more favourable than those offered to the public by the bank if those terms and conditions have been approved by the conduct review committee of the bank.

1997, c. 15, s. 71(3)

(2) The portion of subsection 496(6) of the Act before paragraph (a) is replaced by the following:

Preferred terms - other financial services

(6) Notwithstanding section 501, a bank may offer financial services, other than loans or guarantees, to a senior officer of the bank, or to the spouse or common-law partner, or a child who is less than eighteen years of age, of a senior officer of the bank, on terms and conditions more favourable than those offered to the public by the bank if

1997, c. 15, s. 71(3)

(3) Paragraph 496(6)(b) of the Act is replaced by the following:

    (b) the conduct review committee of the bank has approved the practice of making those financial services available on those favourable terms and conditions to senior officers of the bank or to the spouses or common-law partners, or the children under eighteen years of age, of senior officers of the bank.

1999, c. 28, s. 69

6. Subsection 675(3) of the Act is replaced by the following:

Additional fine

(3) Where a person has been convicted of an offence under this Act, the court may, where it is satisfied that as a result of the commission of the offence the convicted person acquired any monetary benefits or that monetary benefits accrued to the convicted person or to the spouse, common-law partner or other dependant of the convicted person, order the convicted person to pay, notwithstanding the maximum amount of any fine that may otherwise be imposed under this Act, an additional fine in an amount equal to the court's estimation of the amount of those monetary benefits.

Replacement of ``spouse'' with ``spouse or common-law partner''

7. The Act is amended by replacing ``spouse'' with ``spouse or common-law partner'' in the following provisions:

    (a) paragraph 486(1)(c);

    (b) paragraph 486(1)(f);

    (c) subparagraph 496(1)(a)(ii); and

    (d) subparagraph 496(1)(b)(ii).

R.S., c. B-3; 1992, c. 27, s. 2

BANKRUPTCY AND INSOLVENCY ACT

R.S., c. 31 (1st Supp.), s. 69

8. (1) The definition ``child'' in subsection 2(1) of the Bankruptcy and Insolvency Act is repealed.

(2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

``common-la w partner''
« conjoint de fait »

``common-law partner'', in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year;

``common-la w partnership''
« union de fait »

``common-law partnership'' means the relationship between two persons who are common-law partners of each other;

9. (1) Paragraph 4(2)(a) of the Act is replaced by the following:

    (a) individuals connected by blood relationship, marriage, common-law partnership or adoption;

(2) Paragraph 4(3)(f) of the Act is replaced by the following:

    (f) persons are connected by marriage if one is married to the other or to a person who is connected by blood relationship or adoption to the other;

    (f.1) persons are connected by common-law partnership if one is in a common-law partnership with the other or with a person who is connected by blood relationship or adoption to the other; and

10. Subsection 59(3) of the Act is replaced by the following:

Reasonable security

(3) Where any of the facts mentioned in section 173 are proved against the debtor, the court shall refuse to approve the proposal unless it provides reasonable security for the payment of not less than fifty cents on the dollar on all the unsecured claims provable against the debtor's estate or such percentage thereof as the court may direct.

R.S., c. 31 (1st Supp.), s. 70

11. Subsection 91(3) of the Act is replaced by the following:

Non-applicati on of section

(3) This section does not extend to any settlement made in favour of a purchaser or incumbrancer in good faith and for valuable consideration.

R.S., c. 31 (1st Supp.), s. 72(E); 1997, c. 12, ss. 76, 77

12. Sections 92 and 93 of the Act are repealed.

R.S., c. 31 (1st Supp.), s. 73

13. Paragraph 113(3)(a) of the Act is replaced by the following:

    (a) the father, mother, child, sister, brother, uncle or aunt, by blood, adoption, marriage or common-law partnership, or the spouse or common-law partner, of the bankrupt;

1997, c. 12, s. 87(2)

14. Subsection 121(4) of the Act is replaced by the following:

Family support claims

(4) A claim in respect of a debt or liability referred to in paragraph 178(1)(b) or (c) payable under an order or agreement made before the date of the initial bankruptcy event in respect of the bankrupt and at a time when the spouse, former spouse, former common-law partner or child was living apart from the bankrupt, whether the order or agreement provides for periodic amounts or lump sum amounts, is a claim provable under this Act.

15. Subsection 137(2) of the Act is replaced by the following:

Claim of present or former spouse or common-law partner

(2) A spouse or common-law partner, or former spouse or common-law partner, of a bankrupt is not entitled to claim a dividend in respect of wages, salary, commission or compensation for work done or services rendered in connection with the trade or business of the bankrupt until all claims of the other creditors have been satisfied.

R.S., c. 31 (1st Supp.), s. 74

16. Section 138 of the Act is replaced by the following:

Postpone-
ment of wage claims of relatives

138. A father, mother, child, brother, sister, uncle or aunt, by blood, adoption, marriage or common-law partnership, of a bankrupt is not entitled to have a claim preferred as provided by section 136, in respect of wages, salary, commission or compensation for work done or services rendered to the bankrupt.

R.S., c. 31 (1st Supp.), s. 75; 1997, c. 12, s. 104(F)

17. Section 177 of the Act is repealed.

R.S., c. 3 (2nd Supp.), s. 28

18. Paragraph 178(1)(c) of the Act is replaced by the following:

    (c) any debt or liability under a support, maintenance or affiliation order, or under an agreement for maintenance and support of a spouse, former spouse, former common-law partner or child living apart from the bankrupt;

R.S., c. 31 (1st Supp.), s. 76(E)

19. Section 191 of the Act is replaced by the following:

Death of bankrupt, witness, etc.

191. In case of the death of the bankrupt or the spouse or common-law partner of a bankrupt or of a witness, whose evidence has been received by any court in any proceedings under this Act, the deposition of the deceased person, purporting to be sealed with the seal of the court, or a copy thereof purporting to be so sealed, shall be admitted as evidence of the matters therein deposed to.

R.S., c. 31 (1st Supp.), s. 77

20. Paragraphs 219(2)(c) and (d) of the Act are replaced by the following:

    (c) the amount of the debtor's income from all sources, naming them, and, where the debtor is married and cohabiting with the spouse, or is in a common-law partnership, the amount of the income of the debtor's spouse or common-law partner, as the case may be, from all sources, naming them;

    (d) the debtor's business or occupation and, where the debtor is married and cohabiting with the spouse, or is in a common-law partnership, the business or occupation of the debtor's spouse or common-law partner, as the case may be;

    (d.1) the name and address of the debtor's employer and, where the debtor is married and cohabiting with the spouse, or is in a common-law partnership, the name and address of the employer of the debtor's spouse or common-law partner, as the case may be;

Application of amendments

21. Sections 8 to 20 apply only to bankruptcies, proposals and receiverships in respect of which proceedings are commenced after the coming into force of this section.

R.S., c. B-4

BILLS OF EXCHANGE ACT

22. Form 2 of the schedule to the Bills of Exchange Act is replaced by the following:


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