The Canadian federal government has introduced omnibus legislation to give same-sex partners who have lived together for more than a year the same benefits, and obligations, as common-law couples.

The Modernization of Benefits and Obligations Act would change dozens of existing statutes.

The changes are primarily in response to a Supreme Court of Canada decision in May, 1999, which said that same-sex partners should have the same benefits and obligations as opposite-sex common-law couples and the same access to benefits from social programs to which they contribute.

The definition of marriage has not changed, and the government has made it clear it has no intentions of changing it. The term "spouse" will continue to be used for married couples only, and the phrase "common-law partner" will be used for those in both opposite-sex and same-sex relationships.

In practical terms, the proposed legislation means that

• a same-sex partner could claim an income tax credit for a dependent partner
• if a same-sex partner dies, the surviving partner could claim benefits from the Canada Pension Plan
• RRSPs could be transferred to a same-sex partner

On the other hand, it also means that

• a same-sex partner would not be able to transfer ownership of a home or property to a partner before claiming bankruptcy
• a claim for income supplement under the Old Age Security Act would be based on the combined income of both partners

Reaction to the bill has been generally positive, although some backbench Liberals feel it doesn't go far enough. They would like the provisions extended to any two people living together. Anne McLellan, the Justice Minister, says that is a separate issue, and will be looked at independently.

The Immigration Act is not covered by this legislation, but Elinor Caplan, Minister of Immigration, says she will be introducing a new Immigration Act soon, and it will include changes to bring it in line with the same-sex legislation.

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