Review Panel on Common Law Relationships
Opinion on Common-Law Relationships of Jennifer Cooper

Volume 2
Proposed Statute Changes

Proposed Changes to the
Department of Health Act

Current Act: should read Proposed Act:
Definitions

1(1) In this Act,

  Definitions

1(1) In this Act,

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

Remedies of government

7(1) In addition to the provisions contained in an other Act of the Legislature, where the government provide for, becomes liable for, or incurs expenses in connection with, any of the following services, namely, the custody, apprehension, removal, transportation, care, maintenance, relief, support, hospitalization, or burial of, or medical or other services to, a person, if the services or the cost thereof and the charges therefor are not provided or payable by the government under any other Act of the Legislature,

(a) that person, his executors or administrators and the husband or wife of that person, and his or her executor or administrators, or if the person is an infant, his parent or guardian, or any other person legally liable to pay such expenses, is liable to the Crown for the cost or amount thereof, and the Crown may recover the cost of amount thereof as a debt due to it by him, her, or them and

(b) the minister may register a statement showing the address for service of notices upon the minister, the costs and expenses that have been incurred on behalf of that person and the name of that person in any Land Titles Office in the province, and, from the time of the registration thereof, the statement binds and forms a lien and charge in favour of the Crown in right of Manitoba for the amount so certified on all lands of the debtor against which the certificate is registered by instrument charging specific land, and if registered in the general register, against all lands of the debtor in the Land Title District in which the certificate is registered that are held in a name identical to that of the debtor set forth in the certificate whether or not the lands are registered under The Real Property Act; and the statement when so registered has the same effect as if the debtor had under its hand and seal executed a lien charging the lands in favour of the minister.

  Remedies of government

7(1)In addition to the provisions contained in an other Act of the Legislature, where the government provide for, becomes liable for, or incurs expenses in connection with, any of the following services, namely, the custody, apprehension, removal, transportation, care, maintenance, relief, support, hospitalization, or burial of, or medical or other services to, a person, if the services or the cost thereof and the charges therefor are not provided or payable by the government under any other Act of the Legislature,

(a) that person, his executors or administrators and the husband or wife spouse or common-law partner of that person, and his or her executor or administrators, or if the person is an infant, his parent or guardian, or any other person legally liable to pay such expenses, is liable to the Crown for the cost or amount thereof, and the Crown may recover the cost of amount thereof as a debt due to it by him, her, or them and

(b) the minister may register a statement showing the address for service of notices upon the minister, the costs and expenses that have been incurred on behalf of that person and the name of that person in any Land Titles Office in the province, and, from the time of the registration thereof, the statement binds and forms a lien and charge in favour of the Crown in right of Manitoba for the amount so certified on all lands of the debtor against which the certificate is registered by instrument charging specific land, and if registered in the general register, against all lands of the debtor in the Land Title District in which the certificate is registered that are held in a name identical to that of the debtor set forth in the certificate whether or not the lands are registered under The Real Property Act; and the statement when so registered has the same effect as if the debtor had under its hand and seal executed a lien charging the lands in favour of the minister.

Department of Health Act

Current Act: should read Proposed Act:
Additional advances paid included in lien

7(3) The statement mentioned in clause (1)(b) when registered shall, from the time of its being so registered, be held to cover all moneys paid out or expended by the government in connection with any of the services mentioned in subsection (1), not provided or payable as therein mentioned, and rendered or given to or on behalf of the person or his or her spouse or his or her child under the age of 18 years, after the date of registration thereof as well as before; and the statement and the lien or charge created thereby remains in force without renewal until discharged.

  Additional advances paid included in lien

7(3) The statement mentioned in clause (1)(b) when registered shall, from the time of its being so registered, be held to cover all moneys paid out or expended by the government in connection with any of the services mentioned in subsection (1), not provided or payable as therein mentioned, and rendered or given to or on behalf of the person or his or her spouse or common-law partner or his or her child under the age of 18 years, after the date of registration thereof as well as before; and the statement and the lien or charge created thereby remains in force without renewal until discharged.

 

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Opinion on Common-Law Relationships of
Jennifer A. Cooper, Q.C. - Volume 2

Proposed Changes to the Department of Health Act
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Credit Unions and Caisses Populaires Act Development Corporation Act
Review Panel on Common-Law Relationships
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.