A-3 - Workers’ Compensation Act

Section 36 Disposition versions

2002-06-24

36. (1)  A surviving spouse of less than 35 years of age, and a dependent person contemplated in subparagraph 2 of paragraph l of subsection 1 of section 2, who has no children and who is not an invalid, are no longer considered as dependent five years after the death of the worker, and the portion of the percentage contemplated in subsection 3 of section 35 to which each person was entitled is no longer paid at the expiry of that period or at the death of the beneficiary, whichever occurs first.

(2)  A surviving spouse loses his or her right to an indemnity under this Act when he or she remarries or enters into a civil union, or lives in a de facto union, with another person, whether of the opposite sex or the same sex, for three years or for one year if a child is born of their union and they are publicly represented as spouses.

This provision also applies to a dependent person contemplated in subparagraph 2 of paragraph l of subsection 1 of section 2.

(3)  In the cases provided for by the two preceding subsections, the right to an indemnity is not extinguished, however, before the expiry of a delay of five years after the death of the worker.

(4)  The beneficiary contemplated in subsection 1 and 2 must, without delay, notify the Commission of any change in his situation that may affect the right to a benefit or the amount of the indemnity.

R. S. 1964, c. 159, s. 35; 1978, c. 57, s. 20; 2002, c. 6, s. 75.

1979-01-01

36. (1)  A surviving consort of less than 35 years of age, and a dependent person contemplated in subparagraph 2 of paragraph l of subsection 1 of section 2, who has no children and who is not an invalid, are no longer considered as dependent five years after the death of the worker, and the portion of the percentage contemplated in subsection 3 of section 35 to which each person was entitled is no longer paid at the expiry of that period or at the death of the beneficiary, whichever occurs first.

(2)  A surviving consort loses his or her right to an indemnity under this Act when he or she remarries or he or she lives as husband and wife with another person for three years or for one year if a child is born of their union and they are publicly represented as consorts.

This provision also applies to a dependent person contemplated in subparagraph 2 of paragraph l of subsection 1 of section 2.

(3)  In the cases provided for by the two preceding subsections, the right to an indemnity is not extinguished, however, before the expiry of a delay of five years after the death of the worker.

(4)  The beneficiary contemplated in subsection 1 and 2 must, without delay, notify the Commission of any change in his situation that may affect the right to a benefit or the amount of the indemnity.

R. S. 1964, c. 159, s. 35; 1978, c. 57, s. 20.

1977-12-31

36. (1)  If a widow entitled to a pension marries, the pension payments to which she was personally entitled shall cease; such payments shall then be replaced by the payment of a sum equal to the total payments for two years, and such sum shall be payable within thirty days after the day of the marriage.

(2)  Nevertheless, in the case referred to in the foregoing subsection 1, the widow shall continue to receive the payments in respect of the children.

R. S. 1964, c. 159, s. 35.