Domestic partnership in Nova Scotia

Part of the LGBT rights series
Legal status of same-sex unions
Marriage Andorra Argentina Australia Austria Belgium Brazil Canada Chile Colombia Costa Rica Cuba Denmark Ecuador Estonia Finland France Germany Greece Iceland Ireland Luxembourg Malta Mexico Netherlands1 New Zealand2 Norway Portugal Slovenia South Africa Spain Sweden Switzerland Taiwan United Kingdom3 United States4 Uruguay Recognized Israel5
Civil unions and registered partnerships Bolivia Croatia Cyprus Czech Republic Hungary Italy Israel5 Latvia* Liechtenstein Monaco Montenegro Netherlands:   • Aruba San Marino United Kingdom:   • Bermuda   • Cayman Islands
Minimal recognition Bulgaria6 Cambodia:7   • 68 communes China:8   • Hong Kong9 India10 Japan11   • 457 jurisdictions Lithuania6 Namibia12 Netherlands:1   • Curaçao   • St Maarten Poland6 Romania13 Slovakia6
Unclear legal status Nepal*
See also Same-sex union legislation Same-sex union court cases Timeline of same-sex marriage Recognition of same-sex unions in Africa Recognition of same-sex unions in Asia Recognition of same-sex unions in Europe Recognition of same-sex unions in the Americas Recognition of same-sex unions in Oceania Marriage privatization Divorce of same-sex couples Domestic partnership Military policy Adoption Listings by country LGBT rights by country or territory
Notes KoN: Performed in the Netherlands proper, including the Caribbean Netherlands. Registered in Aruba, Curaçao and Sint Maarten in such cases, but the rights of marriage are not guaranteed. NZ: Neither performed nor recognized in Niue, Tokelau, or the Cook Islands. UK: Neither performed nor recognized in six British Overseas Territories. US: Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa. Israel: Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities. EU: The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. All EU member states except Romania follow the ruling. Cambodia: Recognition of a "declaration of family relationship", which may be useful in matters such as housing, but they are not legally binding. China: Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care. HK: Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents. India: Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding. Japan: Some cities and prefectures issue partnership certificates, but they are not legally binding. Namibia: Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights. Romania: Hospital visitation rights through a "legal representative" status. * Not yet in effect
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Since June 4, 2001, the Canadian province of Nova Scotia has offered Domestic partnership registration to unmarried couples, both same-sex and different-sex, thereby entitling them to some, but not all, of the rights and benefits of marriage.

Legislation

In the previous year, the General Assembly passed the Law Reform (2000) Act, the full title of which is "An Act to Comply with Certain Court Decisions and to Modernize and Reform Laws in the Province." The act was passed in the wake of the landmark decision of the Supreme Court of Canada in the case of M. v. H. on May 19, 1999.

In the first six months after the law came into effect, only 94 domestic partnerships were registered, in contrast to about 5500 marriages per year in the province. Of the 94 partnerships, 83 (88%) were same-sex couples.^[1]

Rights and Benefits

At the time the 2000 act was passed, domestic partners who registered with the provincial authorities were entitled to the same rights and obligations as spouses under the following laws:

• the Fatal Injuries Act
• the Health Act
• the Hospitals Act
• the Insurance Act
• the Intestate Succession Act
• the Maintenance and Custody Act
• the Matrimonial Property Act
• the Members' Retiring Allowances Act
• the Pension Benefits Act
• the Probate Act
• the Provincial Court Act
• or as a widow or widower under the Testators' Family Maintenance Act

Registration

Unmarried adults over age 19 in a conjugal relationship, not party to another domestic partnership, who live in Nova Scotia or own property there may file a declaration of domestic partnership with the Nova Scotia Vital Statistics Agency. By registering, the couple immediately gains the family court legal recognition, rights and benefits available to common law spouses under provincial law.

Termination

Domestic partnerships in Nova Scotia may be terminated in one of the following ways:

• both parties jointly file a Statement of Termination with Vital Statistics
• one party files an affidavit with Vital Statistics that the couple have lived separate and apart for more than a year
• the parties enter into a separation agreement pursuant to the Maintenance and Custody Act and file proof of such an agreement with Vital Statistics
• one of the parties files with Vital Statistics proof of marriage to a third party, which automatically ends the domestic partnership

See also

• Same-sex marriage in Nova Scotia
• Same-sex marriage in Canada

References

External links

• Domestic Partnerships, Vital Statistics Agency, Nova Scotia
• Third Reading version of the Law Reform (2000) Act, General Assembly of Nova Scotia Archived 2007-10-15 at the Wayback Machine
• Final Report of the Review Panel on Common-Law Relationships to the Attorney General of Manitoba, 2001
• Marriage and Legal Recognition of Same-sex Unions, A Discussion Paper, Department of Justice, Canada, November 2002
• Sexual Orientation and Legal Rights, a review paper by the Library of Parliament, Ottawa, revised 28 July 2005