The Impact of Bill 5 - Appendix

Notes to Appendix

The appendix lists each of the Acts amended by Bill 5. On the far right is a summary of most of the changes made to the particular Act. In the middle are three columns indicating in brief what each Act does. An ‘X’ in the New Right column means that a change to the Act provides a new right(s) to same-sex partners. An ‘X’ in the New Responsibility column indicates that a change to the Act requires a new responsibility of an individual in a same-sex partnership. (Please Note: Acts in which a same-sex department has an obligation to support and maintain the other same-sex partner or a former same-sex partner are included in this column despite the fact that the recipient of the support has gained a new right). An ‘X’ in the Legal Recognition column means a change to the Act provides no new right or requires no new responsibility, but simply clarifies that an existing right or responsibility applies to an individual in a same-sex partnership. An ‘!’ beside an X denotes that the change(s) to that Act are of particular concern to supporters of traditional families.


Act Amended New Right New Responsibility Legal Recognition Summary of the Amendment(s)
Absentee Act     X The same-sex partner may apply to the courts to declare a missing person legally absent. Since "any other person" had this right before the change only provides legal recognition to a homosexual relationship.
Assessment Act X     When a land owner dies and his/her land was exempt from a new property assessment due to rezoning that exemption continues on to the surviving same-sex partner provided he/she continues to use the land for its original use.
Business Corporations Act   X   Expands conflict of interest rules and insider trading rules for a director of a corporation under this Act to include relationships resulting from a same-sex partnership.
Change of Name Act X!     Allows an individual to change his/her last name to that of his/her same-sex partner and revert back to the original name if such a partnership is dissolved.
Charitable Institutions Act X!     A home for the aged owned and/or operated by a charitable organization must provide an opportunity for a resident to meet in private with his/her same-sex partner. They must reside together if they are in the same home and a suitable room is available.
Child and Family Services Act X!     An individual in a same-sex partnership may adopt a child if the courts determine it is in the best interests of the child.
Children's Law Reform Act     X The courts must consider any past violence against a same-sex partner when deciding child custody cases. Not a new right as the courts already consider violence against anyone in the household.
City of Toronto Act, 1997 (No. 2) X!     The City of Toronto and several of its agencies (TTC) must extend pension, medical and other benefits to an employee's same-sex partners in the same way they are extended to the spouses of employees.
Commercial Tenancies Act   X   A landlord of a commercial tenant who is in arrears may make a claim on the goods and chattels on the property. Goods and chattels belonging to someone other than the tenant are exempted except those belonging to a spouse, child and now same-sex partner.
Community Economic Development Act, 1993   X   Expands conflict of interest rules for the Director of a Community Economic Development Corporation to include relationships resulting from a same-sex partnership.
Compensation for Victims of Crime Act X     The same-sex partner of an individual who as a result of a crime dies may be awarded compensation. Compensation normally comes from the individual(s) causing the death.
Consumer Reporting Act   X   The name of an individual's same-sex partner may be asked for and included in the credit information collected for a consumer report (credit rating report).
Conveyancing and Law of Property Act     X Same-sex partners are now included in the clarification that spouses are not treated differently than any other two or more people who are granted, conveyed or devised land as a result of a will are considered tenants in common as opposed to joint tenants
Co-operative Corporations Act   X   Expands conflict of interest rules for the Director of a Cooperative Corporation to include relationships resulting from a same-sex partnership
Coroners Act X     The same-sex partner of a deceased individual may access the deceased's corners report and request a coroner's inquiry. In addition the same-sex partner of the deceased may object to the removal of the pituitary gland.
Corporations Act   X   Expands conflict of interest rules and insider trading rules for Directors of corporations registered under this Act to include relationships resulting from a same-sex partnership.
County of Simcoe Act, 1993 X     An individual may be a member of the Hydro-electric Commission of the Township of Springwater, if his/her same-sex partner is the owner or tenant of land in the area served by the commission.
Courts of Justice Act X!     Allows domestic matters of a same-sex partnership to be heard in family court. Provides pension benefits for the surviving same-sex partner of a provincial court judge.
Credit Union and Caisses Populaires Act, 1994   X   Adds a number of conflict of interest rules for directors, auditors and liquidators of a credit union as a result of a same-sex partner relationship.
Education Act X!     The school board must apply any benefits it provides the spouse of an employee to the same-sex partner of an employee. An individual is not permitted to run for school board member if his/her same-sex partner is an employee of the school board. An individual may vote for school board members or be designated a specific school board supporter based on his/her same-sex partners ownership or tenancy of land and his/her supporter status.
Election Act X X   An individual may not be appointed an election clerk if his/her same-sex partner is the returning officer. For the purposes of obtaining a certificate to vote in a provincial election an individual may act on behalf of his/her same-sex partner if the same-sex partner is not on the voters' list but otherwise eligible to vote.
Employment Standards Act X!     Private employers are compelled to provide an employee's same-sex partner the same benefits that are provided to the spouses of employees.
Estates Act X     The same-sex partner of deceased person is added to the list of people the province may grant the administration of an estate when no will is available or the executor named refuses to administer the will.
Execution Act X     A surviving same-sex partner is entitled to the chattels belonging to the deceased individual that are exempted from seizure for debt collection.
Family Law Act X! X   An individual has an obligation to support his/her same-sex partner even upon dissolution of the partnership and several provincial agencies may apply to have that obligation fulfilled. An individual can render his/her same-sex partner jointly and severely liable to a third-party in the purchase of necessities of life. The courts may grant a restraining order against an individual's same-sex partner prohibiting the harassment of the other partner and preventing the disposal of property that may be considered in a support order. Same-sex partners may enter into a cohabitation agreement (this is may become a close substitute to marriage) in addition they may sign a separation agreement (the equivalent of a divorce of the partnership). The agreement allows the same-sex partners to forgo the normal 3 year waiting period required for legal recognition regarding most provincial legislation. An individual may claim, through civil action, pecuniary damages against a person who injured or killed his/her same-sex part
Family Responsibility and Support Arrears Enforcement Act, 1996   X   If an individual is found to be in arrears on hi/her support or maintenance any shareholder loans or dividends he/she receives from a company controlled by his/her same-sex partner is considered an income source that may be garnisheed or confiscated.
Homes for the Aged and Rest Homes Act X!     A municipally owned or operated Home for the Aged or Rest Home must allow a resident to meet privately with his/her same-sex partner and if both partners are residents of the home they must be allowed to share a room if a suitable room is available.
Human Rights Code X!     Same-sex partnership status is added to the grounds on which no one may be discriminated against, including employment and accommodations.
Human Tissue Gift Act X     The same-sex partner of a deceased individual may give consent for the use of the deceased's human tissues for therapeutic purposes, medical education or scientific research.
Independent Health Facilities Act   X   Expands conflict of interest rules for the owner of an Independent Health Facility to include relationships resulting from a same-sex partnership (independent health facilities are ones that are outside the hospital system and charge the province a facility fee).
Insurance Act X     Allows an individual to have an insurable interest in the life of his/her same-sex partner. If the same-sex partner is the beneficiary the insurance money is not subject to claims on the deceased's estate. Where the insured person named in a motor vehicle insurance policy dies, the same-sex partner of the deceased will be considered to be the insured person under the policy. An insurer may not make a loan to anyone who’s same-sex partner is a substantial shareholder of the insurer.
Land Transfer Tax Act X X   One same-sex partner can act on both partners jointly when signing an affidavit (form) that records the details a land and property sale for the purposes of assessing the tax and the eligibility for a tax rebate. The ownership history of a property purchaser's same-sex partner affects the tax rebate available to first-time home buyer.
Legislative Assembly Act X!     At taxpayers expense, the same-sex partner of an MPP will be reimbursed for travel costs to and from the MPP's residence and Queen's Park
Loan and Trust Corporations Act   X   Expands conflict of interest rules for eligibility for holding a directorship in a corporation covered by the Act and any loans made to the employee or director of a corporation to include relationships resulting from a same-sex partnership.
Local Government Disclosure of Interests Act, 1994   X   The disclosure and conflict of interest rules that apply to a member of a local government council, board or agency are expanded to include relationships resulting from a same-sex partnership.
Members' Integrity Act, 1994   X X! The disclosure and conflict of interest rules that apply to an MPP are expanded to include relationships resulting from a same-sex partnership. In portions of the Act the word "family" is removed and replaced with a much more expansive term "household."
Mental Hospitals Act   X   The same-sex partner of a patient of a mental hospital regulated under this Act is liable for that the maintenance of the patient.
Mortgages Act X     If an individual purchases a mortgaged home that currently has a tenant. The purchaser may with notice terminate that tenancy if the home is required for the purchaser or his/her same-sex partner.
MPPs Pension Act, 1996 X!     At taxpayers expense, the surviving same-sex partner of a former MPP shall receive pension benefits in the same way as a surviving spouse would.
Municipal Act X! X   An individual may vote and run for various local government offices if his/her same-sex partner is the owner or tenant of land in the area. Retirement allowances and medical or insurance benefits must be provided to an employee's same-sex partner in the same manner they are provided to the spouse of an employee. Gratuities extended to the surviving spouse of a volunteer firefighter must also be provided in the same manner to a same-sex partner. If an individual's same-sex partner is a low income senior or low-income person with a disability the municipality may defer or cancel all or part of the property taxes on the residential/farm property. An individual's unpaid fines or property taxes may be claimed through distress on the property or chattels of his/her same-sex partner.
Municipal Conflict of Interest Act   X   The pecuniary interests of a municipal councilor's same-sex partner must be considered when applying conflict of interest rules.
Municipal Elderly Residents' Assistance Act X     A municipality that provides property tax credits to a property owner whose spouse is over 65 must provide in the same manner provide property tax credits to a property owner whose same-sex partner is over 65.
Municipal Elections Act, 1996 X X   An individual is eligible to vote in a municipal election if his/her same-sex partner is the owner or tenant of land in the municipality even though the individual may not reside in the municipality. An individual may contribute without restrictions or arrange a loan to fund the campaign of his/her same-sex partner. Any surplus in the candidates campaign fund may be used to refund contributions made by the candidate's same-sex partner.
Municipal Health Services Act   X   An individual is liable for any health services taxes levied by a municipality against his/her same-sex partner.
Northern Services Boards Act X     A non-resident of the area may be a member of a Northern Services Board (formerly a Local Services Board) if his/her same-sex partner is the owner or tenant of land in the area served by the Board.
Nursing Homes Act X X   The expansion of conflict of interest rules for the directors of an organization that owns and operates a nursing home to include the relationships resulting from a same-sex partnership. A Nursing Home must allow a resident to meet privately with his/her same-sex partner and if both partners are residents of the home they must be allowed to share a room if a suitable room is available.
Ontario Disability Support Program Act, 1997   X   The Ministry responsible for this Act may place a lien against the property ( excluding personal residence) of the same-sex partner of a recipient of disability support. Overpayments made under this Act or programs replaced by this Act may be recoverable from a recipients same-sex partner.
Ontario Energy Board Act, 1998   X   Expands conflict of interest rules for a director of the Ontario Energy Board to include relationships resulting from a same-sex partnership.
Ontario Municipal Employees Retirement Systems Act X     The surviving same-sex partner of a OMERF member receives the same retirement benefits a surviving spouse of a member would receive.
Ontario Workers Act, 1997   X   The Ministry responsible for this Act may place a lien against the property ( excluding personal residence) of the same-sex partner of a recipient of support available under the Act. Overpayments made under this Act or programs replaced by this Act may be recoverable from a recipients same-sex partner.
Ontario Youth Employment Act   X   An individual is prohibited from employing his/her same-sex partner using assistance provided under this Act.
Partnership Act X     The same-sex partner of an individual who is a partner in a business partnership is not automatically declared a partner to the business simply because he/she received tangible benefits from the business.
Pension Benefits Act X!     The administrator of a pension plan (including private plans) in the province must provide the same-sex partner of a member in the pension plan access to information regarding the plan once a year. If a member in a pension plan has a same-sex partner on the date that the first installment of the pension is due, then the pension will be deemed to be a joint and survivor pension. The surviving same-sex partner of a former member of a pension plan may continue to collect the pension benefits even if he/she enters another same-sex partnership. A surviving same-sex partner of a former member of the pension plan is eligible for the same lump sum death benefits as a surviving spouse would be.
Perpetuities Act       In regards to perpetuities the same-sex partners are treated in the same manner as married and common-law couples.
Police Services Act X!     A municipal council or the provincial government may grant financial or other assistance to the surviving same-sex partner of a member of the police force who died from injuries received or an illness contracted while in the course of their duties.
Public Libraries Act X!     Pension benefits to public library employees must treat a same-sex partner of a employee in the same manner it would treat the spouse of an employee.
Public Service Pension Act X!     If a contributor to a public pension plan, upon retirement has no spouse, same-sex partner of children eligible for a survivor pension and the contributor subsequently enters into a same-sex partnership, he/she may designate a percentage of the pension payment to be paid as a survivor benefit to his/her same-sex partner upon the death of the contributor.
Regional Municipality of Ottawa-Carleton Act X!     The regional council must extend a retirement allowance to the surviving same-sex partner of an employee in the same way it provides a retirement allowance to the surviving spouse of an employee.
Retail Sales Tax Act X     No tax is collected on the transfer of title for a used motor vehicle as a result of the dissolution of a same-sex partnership. No tax is collected if title of an item is transferred by bequest to his/her same-sex partner.
Securities Act   X   Expands insider trading rules for a director of a corporation under this Act to include relationships resulting from a same-sex partnership.
Succession Law Reform X!     A surviving same-sex partner who is a dependant of the deceased may make a claim for a portion of the estate that the courts would decide to be adequate provision for him/her. Various government agencies may make a claim on behalf of a dependant.
Tenant Protection Act, 1997 X     The non-discrimination provisions of the Act do not apply if a tenant has to share a bathroom or kitchen with the same-sex partner of the owner. The same-sex partner of the landlord is deemed to be the equivalent of the landlord when determining legitimate reasons for evicting a tenant (i.e. the same-sex partner needs the unit)
Toronto Hospital Act, 1997   X   The same-sex partner of medical staff or other employees of the Toronto Hospital are not permitted to be a elected or appointed a trustee of the hospital except by position (i.e. head of pediatrics).
Toronto Islands Residential Community Stewardship Act, 1993 X     An interest in a house or land lease covered by this Act may be transferred to a same-sex partner in the same manner it may be currently transferred to a family member (spouse or child) or a joint tenant.
Victims' Bill of Rights, 1995 X     A same-sex partner of an individual killed as a result of the commission of a crime is considered a victim for the purposes of the Act. It is presumed that the victim of an assault will have suffered emotional distress if he/she is the same-sex partner of the assailant.
Victims' Rights to Proceeds of Crime Act, 1994   X   The proceeds of a crime (e.g. paid interview of the perpetrator) can not be given to the same-sex partner of the perpetrator as a means to avoid making payment to the victim.
Workplace Safety and Insurance Act, 1997 X     An employer may be required to pay the employer's contribution for the benefits of an injured worker and his/her same-sex partner for one year after the worker was injured if worker pays the employee share. If an injured worker is deceased or mentally incapable decisions required under this Act may in some cases be made by his/her same-sex partner. Where a loss of earnings fund has been established for an injured worker, his/her same-sex partner may receive a survivors benefit upon the death of the injured worker. If a worker’s death is a result of a work related injury then his/her same-sex partner is entitled to a lump sum payment of between $27,777.76 and $83,333.30 based on the same-sex partner’s age. In addition the same-sex partner is entitled to periodic payments based on the worker’s net average earnings. Where the former same-sex partner of an injured worker has a claim under the Family Law Act for maintenance support the payments owed to an injured worker under this Act may be garnisheed and paid


Derek Rogusky
Public Policy Department
Focus on the Family Canada
110 W. Pender Street
Vancouver, BC  Canada
V6J 4E4
ph: 604-609-7961
fx:  604-609-7997
drogusky@fotf.ca
www.fotf.ca