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

Volume 2
Proposed Statute Changes

Proposed Changes to the
Public Schools Act

Current Act: should read Proposed Act:
Definitions

36(1)In this section and in sections 36, 37, 38, 39.1, 39.2, 39.3, 39.4, 39.5, 39.6, 39.7 and 39.8,

"dependant" means

(a)the spouse of a trustee, including a person who is not married to the trustee but whom the trustee represents as the spouse; and

(b) any child, natural or adopted of the trustee who resides with the trustee.

  Definitions

36(1)In this section and in sections 36, 37, 38, 39.1, 39.2, 39.3, 39.4, 39.5, 39.6, 39.7 and 39.8,

"dependant" means

(a)the spouse of a trustee, including a person who is not married to the trustee but whom the trustee represents as the spouse; and

(b)any child, natural or adopted of the trustee who resides with the trustee.

"immediate family" means

(a)the spouse of a trustee;

(b)the common-law partner of a trustee; and

(c)any child of a trustee,

who resides with the trustee;

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



Public Schools Act

Current Act: should read Proposed Act:
"Entitled person" includes a spouse

21.36(1) In this section, "entitled person" includes a spouse of an entitled person who is either legally married to the entitled person or, if not legally married, has cohabited with the entitled person for a period of at least 12 months immediately before the election.

  "Entitled person" includes a spouse

21.36(1) In this section, "entitled person" includes a spouse or common-law partner of an entitled person who is either legally married to the entitled person or, if not legally married, has cohabited with the entitled person for a period of at least 12 months immediately before the election.

Disclosure during meetings

38(1) Where during any meeting there arises

(a)a matter in which a trustee or any of his dependants has a direct or indirect pecuniary interest; or

(b)a matter involving the direct or indirect pecuniary interest of any person, corporation, subsidiary or a corporation, partnership, or organization to whom or which a trustee or any of his dependants has a direct or indirect pecuniary liability;

the trustee shall

(c)disclose the general nature of the direct or indirect pecuniary interest or liability;

(d)withdraw from the meeting without voting or participating in the discussion; and

(e)refrain at all times from attempting to influence the matter.

  Disclosure during meetings

38(1) Where during any meeting there arises

(a)a matter in which a trustee or any of his dependants immediate family has a direct or indirect pecuniary interest; or

(b)a matter involving the direct or indirect pecuniary interest of any person, corporation, subsidiary or a corporation, partnership, or organization to whom or which a trustee or any of his dependants immediate family has a direct or indirect pecuniary liability;

the trustee shall

(c)disclose the general nature of the direct or indirect pecuniary interest or liability;

(d)withdraw from the meeting without voting or participating in the discussion; and

(e)refrain at all times from attempting to influence the matter.

 

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

Proposed Changes to the Public Schools Act
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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.