Adult interdependent relationship in Alberta

Since 2003, Adult interdependent relationships have been available to both same-sex and opposite-sex couples in the Canadian province of Alberta, imposing some but not all of the obligations of marriage and providing some but not all the rights and benefits thereof.

According to the Alberta Ministry of Agriculture, Food, and Rural Development, "adult interdependent partner is the new name in Alberta for a common-law spouse. However, the term encompasses more than heterosexual common-law relationships. It includes same-sex relationships, as well as two non-conjugal persons who live together in a relationship of interdependence. In some circumstances it could even include two members of the same family, or two friends who live together."

According to the Alberta Ministry of Justice, "The act covers a range of personal relationships that fall outside of marriage, including committed platonic relationships where two people agree to share emotional and economic responsibilities." Under the terms of the law, couples in a mutually dependent relationship, conjugal or not, are deemed to be adult interdependent partners after three years of living together, even without signing a partnership agreement, as is the case with common-law marriage.

In 1999, the Supreme Court of Canada issued its landmark ruling in the case of M. v. H., which essentially required all provinces to extend the benefits of common-law marriage to same-sex couples, under the equality provisions of Section Fifteen of the Canadian Charter of Rights and Freedoms. Owing to the conservative political climate in the province, the government of Alberta was slow to respond, but in 2000 Alberta did amend the provincial Marriage Act to specifically limit marriage to different-sex couples.

In January 2002, the Alberta Law Reform Institute, funded in part by the provincial government, published its recommendations in a report, Recognition of Rights and Obligations in Same-Sex Relationships. Subsequently, Bill 30, establishing adult interdependent relationships, was introduced in the Legislative Assembly of Alberta in the spring session of 2002 but was not passed at that time. In the fall session, the bill was re-introduced as 30-2 and was passed with amendments as the Adult Interdependent Relationships Act (S.A. 2002, c. A-4.5) on December 4, 2002. The act was proclaimed in force on June 1, 2003.

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