The recommendations in this section have been arranged with general recommendations first, followed by recommendations for changes to legislation that gives property rights during marriage or after separation, then at death, and finally in relation to pensions.

Generally:

1. That property rights and responsibilities be extended to all common-law partners, including same and opposite-sex partners.
2. That these rights and responsibilities not apply to common-law partnerships where the partners are already living separate and apart, or where one of the partners has already died, at the time that the new legislation is enacted.
3. That common-law partners be permitted to execute a written contract exempting themselves from the application of some or all of these legal rights and responsibilities.
4. That a standard definition of "common-law partner" be utilized in all other property legislation and that it be the same as the definition in Manitoba legislation which gives same and opposite-sex common-law partners the right to support upon separation or death, namely:

   A "common-law partner" means a person who, not being married to the other person, cohabited with him or her in a conjugal relationship

   1. for a period of not less than 3 years, or
   2. for a period of at least one year and they are together the parents of a child.

5. That the definition of "common-law partner" in pension legislation be changed to the standard definition for property legislation, for all purposes in the legislation including pension rights upon the death of a common-law partner.

Family Maintenance Act:

6. That the name "family residence" be changed to "family home" to be consistent with the description of the family home in The Marital Property Act.
7. That section 31(1) be amended by adding "or common-law partner" everywhere that "spouse" appears so that common-law partners have the same rights as spouses to seek exclusive occupancy of the family home.
8. That section 13(2) be amended by adding "or common-law partners" everywhere that "spouse" appears so that common-law partners have the same rights as spouses to seek the postponement of sale of the family home.
9. That section 14(1) be deleted as it is no longer necessary.

Farmlands Ownership Act:

10. That the standard definition of "common-law partner" for property purposes be added to the definition section of the Act so that the Act applies equally to same-sex and opposite-sex common-law partners.
11. That sections 1(4), 3(14), and 3(15) be amended to add the words "or common-law partner" after the word "spouse" each time it appears so that common-law partners have the same rights to transfer farmland as spouses.

Homesteads Act:

12. That a definition of "common-law partner" be added to the definition section of the Act, which is the same definition as with other property acts, but with the exception that it also specify that a person loses their status as a "common-law partner" after 1 year of separation.
13. That the definitions of "election", "homestead", "owner", and "release" be amended by adding "or common-law partner" everywhere that "spouse" appears.
14. That section 21 dealing with the life estate in the homestead be amended to provide that the person who first acquired homestead rights in a property is the person who is entitled to the life estate if more than one person has homestead rights in the same property.
15. That sections 3, 4, 5(1), 7, 8(1), 8(2), 8(3), 8(5), 9(4), 9(6), 10(1), 10(3), 11(1), 11(3), 11(4), 12, 13, 14(1), 16(1), 16(4), 16(5), 17, 18, 19(1), 20(3), 21(1), 21(2), 22(1), 22(2), 23(1), 23(2), 23(3), 23(5), 24, and 25(1) be amended by adding "or common-law partner" everywhere that "spouse" appears so that homestead rights apply to common-law partners in the same way that they apply to spouses.
16. That section 20(2) be amended to add "or common-law partner" everywhere that spouse appears so that common-law partners have the same rights to have a homestead notice vacated as spouses, with the exception of termination due to divorce. In the case of common-law partners it is recommended that their rights terminate after they have ceased cohabitation for at least one year.

Insurance Act:

17. That the standard property definition of "common-law partner" for property purposes be added to the definition section of the Act so that the Act applies equally to same-sex and opposite-sex common-law partners.
18. That sections 156, 173(2), 216, 228(2), 230(8), 239(3), 248(4), 263(1), 264(1), and 265(1) be amended to add the words "or common-law partner" after the word "spouse" each time it appears so that common-law partners have the same rights as spouses in relation to insurance.

Intestate Succession Act:

19. That the standard definition of "common-law partner" for property purposes be added to the definition section of the Act so that the Act applies equally to same-sex and opposite-sex common-law partners.
20. That sections 2(1), 2(2), 2(3), 2(4), 3, 4(1), 4(3), 4(4), and 10 be amended by adding "or common-law partner" everywhere that "spouse" appears so that the property sharing scheme in the absence of a will is made applicable to common-law partners in the same way that it applies to spouses.

Law of Property Act:

21. That the standard property definition of "common-law partner" for property purposes be added to the definitions section of the Act so that the Act applies equally to same-sex and opposite-sex common-law partners.
22. That section 19(2) be amended to add the words "or common-law partner" after the word "spouse" each time it appears so that a common-law partner has the same right as a spouse to seek partition or sale of jointly held property without the necessity of a Homesteads Release if the court should so order.
23. That section 24 be amended to add the words "or common-law partner" after the word "spouse" each time it appears so that a common-law partner has the same right as a spouse to have their Homestead rights valued and paid out of sale proceeds in the event that homestead property is sold.
24. That section 32(3) be amended to add the words "or common-law partner" after the word "spouse" each time it appears so that a common-law partner has the same right as a spouse to have their spouse's assignment of wages rendered invalid unless they have consented to the assignment in writing.

Legislative Assembly Act:

25. That the definition of "common-law partner" in the definition section of the Act be amended so that it is the same as the standard definition for property purposes.
26. That section 90(1) be amended to add "or common-law partner" to all the provisions pertaining to spouses so that common-law partners have the same right to division of pensions as spouses under this Act.
27. That section 90(3) be amended to delete the requirement for common-law partners to sign a declaration opting into pension division before there can be such a division.
28. That section 90(6) be amended to delete the reference to the filing of the declaration with the pension administrator as it is unnecessary.
29. That section 90(1) be amended to delete subsection (c) giving special treatment to common-law agreements since the previous subsection causes agreements of common-law partners to be treated the same as agreements of spouses.
30. That section 90(23) be amended to provide a new effective date for the pension division for common-law partners so that these rights and responsibilities are not retroactive.

Marital Property Act:

31. That the name of The Marital Property Act be changed to "The Family Property Act".
32. That sections 2(1), 3, 4(3), 4(4), 6(1), 6(7), 6(8), 6(9), 6(10), 7(1), 7(2), 7(3), 7(4), 8(1), 10, 11(1), 13, 14(2), 14(3), 15(1), 16, 17, 18(3), 18(4), 20(1), 20(2), 20(3), 21(1), 21(2), 22, and 23 be amended by adding "or common-law partner" everywhere that "spouse" appears so that the property sharing scheme after separation is made applicable to common-law partners in the same way that it applies to spouses.
33. That the standard property definition of "common-law partner" for property purposes be added to the definition section of the Act so that the Act applies equally to same-sex and opposite-sex common-law partners.
34. That a definition of "common-law relationship" be added to the definition section.
35. That the definitions of "asset" and "family asset" in the definitions section of the Act be amended by adding "or common-law partner" everywhere that "spouse" appears so that the Act is clearly applicable to property owned by common-law partners as well as by spouses.
36. That the definition of "marital home" in the definitions section of the Act be amended by changing the name of the home to "family home" and by adding "or common-law partner" everywhere that "spouse" appears so that the family home is clearly that which may be occupied by common-law partners as well as by spouses.
37. That the definition of "spousal agreement" in the definitions section of the Act be amended by changing the name to "spousal or cohabitation agreement", and by adding "or common-law partner" everywhere that "spouse" appears, so that these agreements are clearly available to common-law partners as well as to spouses.
38. That the title to Part 1, Division 1 of the Act be amended to include common-law partners.
39. That section 2(4) be amended by adding "or common-law partner" everywhere that "spouse" appears except to provide a different date for the commencement of the Act in respect of common-law partners so that the Act does not affect common-law partners who are already living separate and apart at the time that the property rights and responsibilities for common-law partners are enacted.
40. That section 4(1) and 4(2) be amended to ensure that assets acquired outside of the marriage or common-law relationship are treated the same way.
41. That sections 5(1), 5(2), and 5(3) be amended by adding "or cohabitation" everywhere that "spouse" appears so that cohabitation agreements made by common-law partners have the same effect as spousal agreements made by spouses.
42. That sections 6(2) and 6(3) be amended by adding "or common-law partner" after "spouse" everywhere that it appears, and by substituting "family home" for "marital home" everywhere that it appears so that common-law partners have the same rights as spouses to the use of family assets, including the family home.
43. That section 19(1) be amended to provide a limitation period of one year after separation within which common-law partners must apply to exercise their rights under the Act.
44. That the title to Part IV of the Act be amended to include common-law partners.
45. That sections 26, 27(1), 27(2), 28(1), 28(2), 29(1), 29(2), 30, 31, 32(1), 32(2), 33, 34, 35(1), 35(2), 35(3), 35(4), 36, 37, 39, 41(1), 41(2), 41(3), 41(4), 41(5), 42, and 43 be amended by adding "or common-law partner" everywhere that "spouse" appears so that the property sharing scheme after death is made applicable to common-law partners in the same way that it applies to spouses.
46. That section 25 be amended so that the Act does not affect common-law partners who have already died at the time that the property rights and responsibilities for common-law partners at death are enacted.
47. That section 27(3) be amended by adding "or common-law partner" everywhere that "spouse" appears and by adding "or cohabitation" everywhere that "spousal" agreement appears so that the ability to contract out of the property sharing scheme at death by written agreement is equally available to common-law partners as it is to spouses.

Pension Benefits Act:

48. That the definition of "common-law partner" in the definition section of the Act be amended so that it is the same as the standard definition for property purposes.
49. That section 31(2) be amended to add "or common-law partner" to all the provisions pertaining to spouses so that common-law partners have the same right to division of pensions as spouses.
50. That section 31(5) be amended to delete the requirement for common-law partners to sign a declaration opting into pension division before there can be such a division.
51. That section 31(8) be amended to delete the reference to the filing of the declaration with the pension administrator.
52. That section 31(2) be amended to delete subsection (c) giving special treatment to common-law agreements since the previous subsection causes agreements of common-law partners to be treated the same as agreements of spouses.
53. That section 31(3) be amended to provide a new effective date for the pension division for common-law partners so that these rights and responsibilities are not retroactive.
54. That the regulations be amended as necessary to make the provisions for pension division for common-law partners the same as those for spouses.

Wills Act:

55. That the standard definition of "common-law partner" for property purposes be added to the definition section of the Act so that the Act applies equally to same-sex and opposite-sex common-law partners.
56. That sections 12(1), 12(3), 13(1), and 18(3) be amended by adding "or common-law partner" everywhere that "spouse" appears so that the property sharing scheme after death is made applicable to common-law partners in the same way that it applies to spouses.
57. That section 16 be amended to add the words "or common-law relationship" after the word "marriage" so that a will is deemed revoked not only when a person marries, but also when they have a common-law relationship.
58. That section 17 be amended to add the words "or common-law relationship" after the word "marriage" to permit common-law partners to execute a valid will in contemplation of their relationship in the same way that spouses can execute a valid will in contemplation of their marriage.
59. That "common-law relationship" be defined in the definitions section of the Act to make it clear that it is only if the parties have been living together for 3 years, or 1 year if they have a child together, that the relationship qualifies as a "common-law relationship".
60. That section 18(2) be amended to provide that if common-law partners had been living separate and apart for at least one year before the testator dies, then the provisions in the will are rendered invalid. This is to attempt to provide an equivalent clause as that which exists for spouses whose will provisions are rendered invalid where they had divorced or had their marriage declared a nullity.
61. That section 59 be amended to reflect the new name of The Marital Property Act, namely, "The Family Law Act".

Opinion on Common-Law Relationships of Jennifer A. Cooper, Q.C. - Volume 1 Property Recommendations
V e) Analysis	VI) Conclusion
Opinion on Common-Law Relationships of Jennifer A. Cooper, Q.C. Volume 1 Volume 2 (proposed Statute Amendments) Opinion on Common-Law Relationships of Hon. A.C Hamilton, Q.C. Final Report