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Economic Action Plan 2014 Act, No. 1

Version of section 107 from 2014-06-19 to 2018-03-31:


Marginal note:Definitions

  •  (1) The following definitions apply in this section.

    common-law partner

    conjoint de fait

    common-law partner means a person who is cohabiting with another person in a conjugal relationship and has done so for a period of at least one year. (conjoint de fait)

    dependent child

    enfant à charge

    dependent child

    • (a) in the case of a payment made under section 102 or 103, has the same meaning as in subsection 2(1) of the Canadian Forces Members and Veterans Re-establishment and Compensation Act; and

    • (b) in the case of a payment made under section 104 or 105, has the same meaning as in subsection 2(1) of the War Veterans Allowance Act. (enfant à charge)

    survivor

    survivant

    survivor, in relation to a deceased person, means

    • (a) their spouse who was, at the time of the person’s death, residing with the person; or

    • (b) the person who was, at the time of the person’s death, the person’s common-law partner. (survivant)

  • Marginal note:Couples living apart

    (2) A spouse is deemed to be residing with the person and a common-law partner does not cease to be the person’s common-law partner, if it is established that they are living apart by reason only of

    • (a) one or both of them having to reside in a health care facility;

    • (b) circumstances of a temporary nature; or

    • (c) other circumstances that are not within the control of the person or the spouse or common-law partner.

  • Marginal note:Deceased person

    (3) If a person who is entitled to be paid an amount under any of sections 102 to 105 dies before the amount is paid, the following rules apply:

    • (a) if, at the time of death, there is a survivor, the survivor is entitled to 100% of the amount;

    • (b) if, at the time of death, there is no survivor, but there are one or more dependent children, each of those children is entitled to the amount obtained by dividing the amount to be paid by the number of those dependent children; and

    • (c) if, at the time of death, there is no survivor or dependent child, no amount is to be paid.

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