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Laws

Canada

NOVA SCOTIA

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Access to Children
Adoption of Children
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Civil Unions, Partners: Domestic, Registered Legislation/Cases/References
1.

Province

In June 2002, legislation recognizing same-sex partners under a new registered domestic partnership law was passed [R1.6].

Domestic partners registered with the Department of Vital Statistics will now have additional entitlements such as spousal support, protection under the Matrimonial Property Act and the right to see their partners' medical records and make medical decisions in an emergency.

The process will cost $15.00 [R1.5]


Under the Hospitals Act (ss. 2 (ca), 54(2)) common-law partners may make medical decisions for each other without appointing a proxy [R1.4].

Common-law partners are defined as persons living together for two years. The definition is not restricted to heterosexual couples.


On 07 November 2011, General Assembly Bill No. 81 (Identification of Criminals Act and Act to amend Chapter 66 Revised Statutes, the Change of Name Act) was introduced and read the first time. If passed, the Bill would require that a person whose name is to be changed be fingerprinted by an authorized agency. Certain persons or classes or persons may be exempted [R1.3].

In December 2000, same-sex and common-law couples were awarded rights similar to married couples under changes to the Family Maintenance Act. The Act now to be called the Maintenance and Custody Act, with the definition of common-law partner expanded to include any couple in a 'conjugal relationship' (for over three years) regardless of gender [R1.2].

Previously:

In February 2000, attorneys-general from Nova Scotia, New Brunswick, Newfoundland, Manitoba, Saskatchewan and Nunavut confirmed they were still reviewing their legislation with an eye to making changes giving gay pairs the same benefits as heterosexual couples [R1.1].

2.

Courts & Tribunals

In 2002, after a Natural Resources Canada employee was refused marriage leave for a committment ceremony his complaint of discrimination on the basis of sexual orientation to the Human Rights Commission was referred to the Human Rights Tribunal [R2.2].

A similar complaint by an Ottawa woman was to be heard at the same time.


In May 1999, after the Supreme Court of Canada ruled the Ontario Family Law Act limiting the term spouse to heterosexual partners is unconstitutional, two Nova Scotians became the first gay men in Canada to receive survivor benefits under the Canada Pension Plan Act [R2.1].

R1.6 Halifax Herald: Law Extends Rights of Same-sex Couples 02 JUN 01
R1.5 Sydney Xpress News 24 at 3: "Gay Couples Registered: 03 JUL 01
R1.4 Halifax Daily News: 02 FEB 03
R1.3 General Assembly Bill No. 81
R1.2 BnewS: Canada Same-Sex Couple Landmark 08 DEC 00
R1.1 Canadian Press: Bill Won't Alter Definition of "Spouse"" 11 FEB 00
R2.2 Halifax Herald: "N.S. Gay Couple Take Marriage Complaint to Human Rights Tribunal" 10 AUG 02
R2.1 London Free Press: Nova Scotian Gays Win Benefits 01 JUN 99
Estates, Inheritance, Property, Succession, Wills Legislation/Cases/References
1.

Province

The law applying to the division of property accumulated during a relationship if a couple splits, is similar to the law applying to married couples [R1.1].

R1.1 Winnipeg Sun: NDP Backs Gay Couples 18 JUL 02
Gender Identity, Intersex,
Transgender, Transexual

[?]
Legislation/Cases/References
1.

Province

On 07 November 2011, General Assembly Bill No. 81 (Identification of Criminals Act and Act to amend Chapter 66 Revised Statutes, the Change of Name Act) was introduced and read the first time. If passed, the Bill would require that a person whose name is to be changed be fingerprinted by an authorized agency.Certain persons or classes or persons may be exempted [R1.1].

R1.1 General Assembly Bill No. 81 (Accessed 13 NOV 11)
Marriage Legislation/Cases/References
1.

Courts & Tribunals

In September 2004, the Nova Scotia Supreme Court ruled that banning same-sex marriages was unconstitutional [R1.1].

R1.1 CBCnews.ca: Nova Scotia Legalizes Same-sex Marriages 24 SEP 04
Parenting, Adoption, Fostering Legislation/Cases/References
1.

Courts & Tribunals

In July 2001, a provincial supreme court judge ruled that the province's law preventing same-sex couples from adopting is unconstitutional and discriminates against all unmarried couples [R1.1].

R1.1 Associated Press: Judge: Law Preventing Gay Couples From Adopting Is Unconstitutional 09 JUL 01
The Advocate: Gay Couples Quickly Winning Adoption Rights in Canada 14-16 JUL 01