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Bill C-412

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2nd Session, 35th Parliament,
45-46 Elizabeth II, 1996-97

The House of Commons of Canada

BILL C-412

An Act to amend the Members of Parliament Retiring Allowances Act (definition of ``child'')

Preamble

Whereas on November 20, 1989, the Convention on the Rights of the Child was adopted in the United Nations General Assembly;

Whereas the United Nations Convention on the Rights of the Child has been ratified by Canada on December 13, 1991;

And whereas the convention proposes a definition of ``child'' that should be applied uniformly throughout federal legislation;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. (1) The definition of ``child'' in subsection 2(1) of the Members of Parliament Retiring Allowances Act is replaced by the following:

``child''
« enfant »

``child'' means a child of a member who is less than eighteen years of age;

(2) The Act is amended by adding the following immediately after subsection 2(1):

Interpreta-
tion

(1.1) For the purposes of this Act, ``child'' includes a natural child, stepchild or adopted child of a member or former member who

    (a) is less than eighteen years of age, or

    (b) is eighteen years of age or older but less than twenty-five years of age, and is in full-time attendance at a school or university within the meaning provided for that expression by the regulations, having been in such attendance substantially without interruption since the child reached eighteen years of age or the member or former member died, whichever occurred later;

2. Paragraphs 64(1)(i) and (j) of the Act are replaced by the following:

    (i) for the purposes of subsection 2(1.1), providing for the meaning of the expression ``full-time attendance at a school or university'';

    (j) for the purposes of subsection 2(1.1), the circumstances under which attendance at a school or university by a child of a member or former member shall be deemed to be substantially without interruption;