91. Subject to section 91.1, any person who, on the day of the death of the contributor,
(a) is married to the contributor and is not legally separated from bed and board;
(a.1) is in a civil union with the contributor; or
(b) provided the contributor is either legally separated from bed and board or neither married nor in a civil union on the day of his death, has been living with the contributor, whether the person is of the opposite or the same sex, in a de facto union for at least three years or, in the following cases, for at least one year:
— a child was or is to be born of their union,
— they have, together, adopted a child,
— one of them has adopted a child of the other,
qualifies as a surviving spouse.
For the purposes of subparagraph b of the first paragraph, the birth or adoption of a child during a marriage, a civil union or period of de facto union prior to the period of de facto union in progress on the day of the death of the contributor, may enable a person to qualify as a surviving spouse.
1965 (1st sess.), c. 24, s. 105; 1972, c. 53, s. 33; 1977, c. 24, s. 2; 1985, c. 4, s. 4; 1993, c. 15, s. 16; 1999, c. 14, s. 16; 2002, c. 6, s. 156.