Can Common-Law Partners Be Covered by a Spouse's Health or Insurance Benefits in Ontario?

Sometimes, but it depends on the plan's own wording. Under O. Reg. 286/01, "spouse" means a spouse as defined in the relevant benefit plan, so whether a common-law partner can be added to health or dental coverage depends on that definition. The law also allows a health benefit plan to differentiate because of marital status in order to provide benefits for an employee's spouse or dependent child.

The Employment Standards Act, 2000 says that, except as prescribed, an employer may not provide a benefit plan that treats employees, beneficiaries, survivors or dependants differently because of the employee's age, sex or marital status. Ontario's Human Rights Code also treats living with a person in a conjugal relationship outside marriage as part of marital status. How these rules apply to your plan depends on its wording, so it is worth confirming with a lawyer.

Pensions are different: under the Pension Benefits Act, spouse includes unmarried partners living together conjugally for at least three years, or with some permanence if parents of a child. Ask your employer or insurer for the written definition, any waiting period and any enrolment deadline, and keep copies of what you submit. If coverage is refused, a lawyer can review the plan wording with you.