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R-9 - Act respecting the Québec Pension Plan

Section 91
Disposition versions

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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 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; 2008, c. 21, s. 36.
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.
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; or
(b)  provided the contributor is either legally separated from bed and board or unmarried 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 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.
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; or
(b)  provided the contributor is either legally separated from bed and board or unmarried on the day of his death, has been living with the contributor 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 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.
91. The Board may decide that a person shall be deemed to be, for the purposes of this act, the surviving spouse of a contributor deceased before 4 April 1985 and to have become married to the contributor at such time as he commenced being represented as the spouse of the contributor, on satisfactory proof that for a number of years immediately before the death of such contributor:
(a)  he had been residing with such contributor,
(b)  he had been maintained wholly or substantially by the contributor,
(c)  he had been publicly represented by the contributor as his spouse, and
(d)  at the time of the death of the contributor neither he nor the contributor was married to any other person, or the number of years in such situation was at least seven.
Subparagraph b of the first paragraph does not apply in the case where the death of the contributor occurred after 19 July 1977.
1965 (1st sess.), c. 24, s. 105; 1972, c. 53, s. 33; 1977, c. 24, s. 2; 1985, c. 4, s. 4.
91. The Board may decide that a person shall be deemed to be, for the purposes of this act, the surviving spouse of a contributor and to have become married to the contributor at such time as he commenced being represented as the spouse of the contributor, on satisfactory proof that for a number of years immediately before the death of such contributor:
(a)  he had been residing with such contributor,
(b)  he had been maintained wholly or substantially by the contributor,
(c)  he had been publicly represented by the contributor as his spouse, and
(d)  at the time of the death of the contributor neither he nor the contributor was married to any other person, or the number of years in such situation was at least seven.
Subparagraph b of the first paragraph does not apply in the case where the death of the contributor occurred after 19 July 1977.
1965 (1st sess.), c. 24, s. 105; 1972, c. 53, s. 33; 1977, c. 24, s. 2.
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