Laws

Canada

NOVA SCOTIA

Limited information only available for these topics

Access to Children
Adoption of Children
Age of Consent
Anti-Vilification
Artifical Insemination
Assisted Reproduction
Civil Unions
Custody of Children
Discrimination
Estates, Wills
Fostering Children
Gender Identity
Harassment
Hate Crimes
Health, Medical
HIV, Aids
Homosexuality
Inheritance, Succession
In Vitro Fertilisation (IVF)
Marriage
Parenting
Partners
Property
Sodomy
Transgender, Transsexual
Violence
Wrongful Death

Please read the Disclaimer

Civil Unions, Partners: Domestic, Registered Legislation/Cases/References
1.

Province

In June 2002, legislation recognizing same-sex partners under a new registered domestic partnership law was passed [R1.6].

Domestic partners registered with the Department of Vital Statistics will now have additional entitlements such as spousal support, protection under the Matrimonial Property Act and the right to see their partners' medical records and make medical decisions in an emergency.

The process will cost $15.00 [R1.5]


Under the Hospitals Act (ss. 2 (ca), 54(2)) common-law partners may make medical decisions for each other without appointing a proxy [R1.4].

Common-law partners are defined as persons living together for two years. The definition is not restricted to heterosexual couples.


On 07 November 2011, General Assembly Bill No. 81 (Identification of Criminals Act and Act to amend Chapter 66 Revised Statutes, the Change of Name Act) was introduced and read the first time. If passed, the Bill would require that a person whose name is to be changed be fingerprinted by an authorized agency. Certain persons or classes or persons may be exempted [R1.3].

In December 2000, same-sex and common-law couples were awarded rights similar to married couples under changes to the Family Maintenance Act. The Act now to be called the Maintenance and Custody Act, with the definition of common-law partner expanded to include any couple in a 'conjugal relationship' (for over three years) regardless of gender [R1.2].

Previously:

In February 2000, attorneys-general from Nova Scotia, New Brunswick, Newfoundland, Manitoba, Saskatchewan and Nunavut confirmed they were still reviewing their legislation with an eye to making changes giving gay pairs the same benefits as heterosexual couples [R1.1].

2.

Courts & Tribunals

In 2002, after a Natural Resources Canada employee was refused marriage leave for a committment ceremony his complaint of discrimination on the basis of sexual orientation to the Human Rights Commission was referred to the Human Rights Tribunal [R2.2].

A similar complaint by an Ottawa woman was to be heard at the same time.


In May 1999, after the Supreme Court of Canada ruled the Ontario Family Law Act limiting the term spouse to heterosexual partners is unconstitutional, two Nova Scotians became the first gay men in Canada to receive survivor benefits under the Canada Pension Plan Act [R2.1].

R1.6 Halifax Herald: Law Extends Rights of Same-sex Couples 02 JUN 01
R1.5 Sydney Xpress News 24 at 3: "Gay Couples Registered: 03 JUL 01
R1.4 Halifax Daily News: 02 FEB 03
R1.3 General Assembly Bill No. 81
R1.2 BnewS: Canada Same-Sex Couple Landmark 08 DEC 00
R1.1 Canadian Press: Bill Won't Alter Definition of "Spouse"" 11 FEB 00
R2.2 Halifax Herald: "N.S. Gay Couple Take Marriage Complaint to Human Rights Tribunal" 10 AUG 02
R2.1 London Free Press: Nova Scotian Gays Win Benefits 01 JUN 99

GayLawNet®™ "Exclusive" Sponsorship of this page IS available
Discrimination Legislation/Cases/References
1.

Courts & Tribunals

On 15 December 2015, Kenneth D. Crawford, Q.C., Chair of the Nova Scotia Human Rights Commission Board of Inquiry, found that Shawn Cormier discriminated against Stephanie Graham on account of her sex, sexual orientation, and sexually harassed her while she was in his employ, ordering him to pay the sum of $11,400.00 representing general damages for denigration of Grahram's dignity, self- respect and psychological and emotional harm he inflicted, plus interest at the rate of 2.5% for 7 years [C1.2], [R1.1].

C1.2 Decision: A Complaint under the Human Rights Act ("the Act") By Stephanie Graham No. 51000-30-H07-1273 PDF 376.24kb, 15 DEC 14
R1.1 SunNews: Nova Scotia salon owner fined for repeatedly commenting on employee's homosexuality 14 JAN 15
Estates, Inheritance, Property, Succession, Wills Legislation/Cases/References
1.

Province

The law applying to the division of property accumulated during a relationship if a couple splits, is similar to the law applying to married couples [R1.1].

R1.1 Winnipeg Sun: NDP Backs Gay Couples 18 JUL 02
Gender Identity, Intersex,
Transgender, Transexual

[?]
Legislation/Cases/Documents/References
1.

Province

On 01 April 2014, Nova Scotia began covering eight types of sex reassignment surgeries for residents [D1.4], [R1.3].

On 20 November 2012, Minister of Justice Ross Landry tabled a Bill to amend the Human Rights Act which if passed into law, would make it unlawful to discriminate against individuals because of their gender identity or gender expression [R1.2].

On 07 November 2011, General Assembly Bill No. 81 (Identification of Criminals Act and Act to amend Chapter 66 Revised Statutes, the Change of Name Act) was introduced and read the first time. If passed, the Bill would require that a person whose name is to be changed be fingerprinted by an authorized agency.Certain persons or classes or persons may be exempted [R1.1].

D1.4 News Release: Publicly Funded Sex Reassignment Surgery Available April 1 01 APR 14
R1.3 NovaNewsNow: Nova Scotia now funds sex reassignment surgery 01 APR 14
R1.2 Xtra!: Nova Scotia set to further protect trans rights 20 NOV 12
R1.1 General Assembly Bill No. 81 (Accessed 13 NOV 11)
Health, MedicalLegislation/Cases/Documents/References
1.

Province

On 01 April 2014, Nova Scotia began covering eight types of sex reassignment surgeries for residents [D1.2], [R1.1].

2.

Courts & Tribunals

On 15 February 2018, the Nova Scotia Court of Appeals overturned the conviction of an HIV-positive man Claude Allan Thompson who failed to disclose his condition to sexual partners. Justice Duncan Beveridge wrote for the three-member appeal panel ''Failure by a sexual partner to disclose that he or she has a sexually transmitted disease is morally reprehensible, but it is not usually a crime'' [C2.2], [R2.1].

D1.2 News Release: Publicly Funded Sex Reassignment Surgery Available April 1 01 APR 14
R1.1 NovaNewsNow: Nova Scotia now funds sex reassignment surgery 01 APR 14
C2.2 Decision: Claude Thompson v. HM The Queen 2018 NSCA 13 PDF 246.69kb 15 FEB 18
R2.1 CBCnews: Court overturns conviction of HIV-positive man who didn't disclose status 15 FEB 18
HIV, AidsLegislation/Cases/Documents/References
1.

Courts & Tribunals

On 15 February 2018, the Nova Scotia Court of Appeals overturned the conviction of an HIV-positive man Claude Allan Thompson who failed to disclose his condition to sexual partners. Justice Duncan Beveridge wrote for the three-member appeal panel ''Failure by a sexual partner to disclose that he or she has a sexually transmitted disease is morally reprehensible, but it is not usually a crime'' [C1.2], [R1.1].

C1.2 Decision: Claude Thompson v. HM The Queen 2018 NSCA 13 PDF 246.69kb 15 FEB 18
R1.1 CBCnews: Court overturns conviction of HIV-positive man who didn't disclose status 15 FEB 18
Marriage Legislation/Cases/References
1.

Courts & Tribunals

In September 2004, the Nova Scotia Supreme Court ruled that banning same-sex marriages was unconstitutional [R1.1].

R1.1 CBCnews.ca: Nova Scotia Legalizes Same-sex Marriages 24 SEP 04
Parenting, Adoption, Fostering Legislation/Cases/References
1.

Courts & Tribunals

In July 2001, a provincial supreme court judge ruled that the province's law preventing same-sex couples from adopting is unconstitutional and discriminates against all unmarried couples [R1.1].

R1.1 Associated Press: Judge: Law Preventing Gay Couples From Adopting Is Unconstitutional 09 JUL 01
The Advocate: Gay Couples Quickly Winning Adoption Rights in Canada 14-16 JUL 01

GayLawNet®™ "Exclusive" Sponsorship of this page IS available