The definition of spouse under the Ontario Pension Benefits Act (PBA) has been amended to include same-sex spouses, effective June 13.

Bill 171, the Spousal Relationships Statute Law Amendment Act, amended the definition of “spouse” under the PBA to include same-sex spouses in addition to opposite-sex spouses. Bill 171 also removed all references to “same-sex partner” that were found in the PBA.

As a result of these legislative changes, the Financial Services Commission of Ontario has revised a number of FSCO pension forms approved by the Superintendent of Financial Services for use under the PBA. The revised FSCO pension forms are required to be used by pension stakeholders effective June 13.

The amended definition in the PBA now reads: “spouse” means either of two persons who: are married to each other, or are not married to each other and are living together in a conjugal relationship, continuously for a period of not less than three years, or in a relationship of some permanence, if they are the natural or adoptive parents of a child.

FSCO says that the effect of these legislative changes is to extend the status of “spouse” under the PBA to same-sex couples who marry and to include under the definition of “spouse” those non-married same-sex couples who would have qualified as “same-sex partners” before the legislative changes were made. “Where the provisions of a pension plan are inconsistent with the amended definition of “spouse” under the PBA, the plan should be amended to conform with the PBA,” it notes. Although, the requirements of the PBA will apply whether or not the plan is amended.