Dependants - 610-6-IPG-025

Effective Date: March 1, 1989

1. Subject

Handling claims for dependants of employees who are fatally injured as a result of a work-related accident.

2. Issue

Even though the term "dependant" appears in several sections of the Government Employees Compensation Act , it is not defined in this legislation.

3. Question

Under which legislation shall the term "dependant" be interpreted?

4. Conclusion

The term "dependant" shall be interpreted according to the law of the province where the deceased employee was usually employed; the term "infant dependant" shall be defined according to the particular province's legal age of majority again where the deceased employee was usually employed. The provincial workers' compensation legislation should thus be consulted to determine the conditions which apply to all "dependants".

In claims against third parties, the regional subrogation officer shall forward an "election to claim" form to the dependants of the deceased employee in order that an election be made pursuant to section 8(1) of the Government Employees Compensation Act. In the case of an infant dependant, the parent, tutor or guardian of the infant may make the election (s. 8(5)).

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