Review Panel on Common Law Relationships
Opinion on Common-Law Relationships of Jennifer A. Cooper, Q.C.

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Opinion on Common-Law Relationships of Hon. A.C Hamilton, Q.C.

Final Report
Opinion on Common-Law Relationships of Jennifer A. Cooper, Q.C.
Volume 1 - Final Report - December 31, 2001

IV. Conflicts of Interest and Protection of the Public Interest



D. Recommendations

Generally:

  1. That the category of persons in relation to which conflicts of interest may arise be extended to include common-law partners, both same-sex and opposite-sex.
  2. That the disclosure requirements in the event of conflict be the same for homosexual persons as for heterosexual persons.
  3. That the categories of persons in relation to which conflicts of interest may arise be standardized as much as possible so as to increase public understanding of, and compliance with, conflicts of interest legislation.
  4. That wherever rights or responsibilities are given to spouses in Acts pertaining to the protection of the public interest, that these rights and responsibilities be extended to include common-law partners, both same-sex and opposite-sex.
  5. That a standard definition of "common-law partner" be utilized in all Manitoba legislation pertaining to conflicts of interest and protection of the public interest as follows:
    "a person who, not being married to the other person, cohabits with him or her in a conjugal relationship".
  6. That a standard definition of "family" be utilized in all relevant conflicts of interest legislation as follows:
    "the person's spouse, common-law partner, son, daughter, brother, sister, parent, or grandparent".
  7. That a standard definition of "immediate family" be utilized in all relevant conflicts of interest legislation as follows:

    "a person who resides with the member and who is:
    1. the spouse of the member;
    2. the common-law partner of the member; or
    3. any child of the member."

Communities Economic Development Fund Act;
Development Corporation Act;
Manitoba Public Insurance Corporation Act:

  1. That the standard definition of "family" be added to the definition section of each Act.
  2. That the standard definition of "common-law partner" be added to the definition section of each Act.

Legislative Assembly and Executive Council Conflict of Interest Act;
Municipal Council Conflict of Interest Act;
Public Schools Act:

  1. That all references to "dependants", including the definition of "dependant" in each Act, be deleted and replaced with references to "immediate family".
  2. That the standard definition of "immediate family" be added to the definition section of each Act.
  3. That the standard definition of "common-law partner" be added to the definition section of each Act.

Animal Liability Act;
Civil Service Act;
Consumer Protection Act;
Cooperatives Act;
Corporations Act;
Department of Health Act;
Elderly and Infirm Person's Housing Act;
Elections Act;
Employment and Income Assistance Act;
Wills Act:

  1. That the standard definition of "common-law partner" be added to the definition section of each Act.

Agricultural Producers' Organization Funding Act:

  1. That the definition of "dependant" in section 10(1) be deleted.
  2. That the standard definitions of "immediate family" and "common-law partner" be added to section 10(1).
  3. That the reference to "dependants" of the member in section 10(2) be replaced with a reference to the "immediate family" of the member.

Credit Unions and Caisses Populaires Act:

  1. That the definition of 'immediate family" in section 1(1) be amended to delete the word "immediate" and add the words "common-law partner" so as to be consistent with the standard definition of "family".
  2. That the standard definition of "common-law partner" be added to section 1(1) of the Act.
  3. That section 91(2) be amended to add the words "or common-law partner" so as to provide that a conflict also arises when a person's common-law partner has a material interest.

Family Farm Protection Act:

  1. That section 3(13) be amended such that the circumstances in which there may be a conflict include common-law partners.
  2. That the standard definition of "common-law partner" be added to the definition section of the Act.

Mental Health Act:

  1. That the Act be amended to include a person's common-law partner as being unable to sit as a member of the Review Board or consent to the appointment of a committee.
  2. That the definitions of "spouse" and "nearest relative" in section 1 be amended to include a common-law partner.
  3. That the standard definition of "common-law partner" be added to the definition section of the Act.

Municipal Act:

  1. That the standard definitions of "common-law partner" and "family" be added to the definition section of the Act.

Power of Attorneys Act:

  1. That the standard definition of "common-law partner" be added to the definition section of the Act.
  2. That the definition of "spouse" be deleted from the definition section of the Act.
  3. That the definition of "nearest relative" in the definition section of the Act be amended to include "common-law partners".



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Opinion on Common-Law Relationships of
Jennifer A. Cooper, Q.C. - Volume 1

Conflict of Interest Recommendations
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Review Panel on Common-Law Relationships
Opinion on Common-Law Relationships of Jennifer A. Cooper, Q.C.
Volume 1
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Opinion on Common-Law Relationships of Hon. A.C Hamilton, Q.C.