48 (1) This section applies when a worker’s death results from an injury for which the worker would otherwise have been entitled to benefits under the insurance plan.  1997, c. 16, Sched. A, s. 48 (1). Spouse lump sum payment (2) A surviving spouse who was cohabiting with the worker at the time of the worker’s death is entitled to payment of a lump sum of $80,673.30, (a)  plus $2,016.83 for each year by which the spouse’s age on the date of the worker’s death is less than 40; or (b)  minus $2,016.83 for each year by which the spouse’s age at the date of the worker’s death is greater than 40. However, the maximum amount payable under this subsection is $121,009.87 and the minimum amount is $40,336.60. 1997, c. 16, Sched. A, s. 48 (2); 1999, c. 6, s. 67 (10); 2005, c. 5, s. 73 (9); 2017, c. 8, Sched. 33, s. 5 (1). Periodic payment to spouse, no children (3) If the deceased worker is survived by a spouse who was cohabiting with the worker at the time of the worker’s death, but no children, the spouse is entitled to be paid, by periodic payments, 40 per cent of the deceased worker’s net average earnings, (a)  plus 1 per cent of the net average earnings for each year by which the spouse’s age on the date of the worker’s death is greater than 40; or (b)  minus 1 per cent of the net average earnings for each year by which the spouse’s age on the date of the worker’s death is less than 40. However, the maximum percentage payable under this subsection is 60 per cent and the minimum percentage is 20 per cent. If the deceased worker’s net average earnings are less than $22,904.44, they shall be deemed to be $22,904.44. 1997, c. 16, Sched. A, s. 48 (3); 1999, c. 6, s. 67 (11); 2005, c. 5, s. 73 (10); 2017, c. 8, Sched. 33, s. 5 (2). Periodic payment to spouse with children (4) If the deceased worker is survived by a spouse and one or more children, the spouse is entitled to be paid, by periodic payments, 85 per cent of the deceased worker’s net average earnings until the youngest child reaches 19 years of age. However, the minimum amount payable under this subsection is $22,904.44 per year. 1997, c. 16, Sched. A, s. 48 (4); 1999, c. 6, s. 67 (12); 2005, c. 5, s. 73 (11); 2017, c. 8, Sched. 33, s. 5 (3). Exception (5) Subsection (4) does not apply if the Board determines that the spouse and the children do not reside together or that the children are not in the custody or in the care and control of the spouse. In those circumstances, the Board shall apportion the amount otherwise payable under subsection (4) in a manner that the Board considers appropriate among the children, the spouse and any other person who has the care, control or custody of the children.  1997, c. 16, Sched. A, s. 48 (5); 1999, c. 6, s. 67 (13); 2005, c. 5, s. 73 (12). Same (6) Subject to subsection (19), a spouse who ceases to be entitled to payments under subsection (4) becomes entitled to payments under subsection (3) as if the worker had died immediately after the day on which the youngest child reached 19 years of age.  1997, c. 16, Sched. A, s. 48 (6); 1999, c. 6, s. 67 (14); 2005, c. 5, s. 73 (13). Separated spouse (7) If, immediately before his or her death, the deceased worker was required to make support or maintenance payments under a separation agreement or judicial order to a person who had been his or her spouse, the person is entitled to benefits under this section as a spouse. Despite the absence of a separation agreement or judicial order, the Board may pay benefits under this section to a person who had been a spouse of the deceased worker as if he or she were a spouse if the person was dependent on the worker at the time of the worker’s death.  1997, c. 16, Sched. A, s. 48 (7); 1999, c. 6, s. 67 (15); 2005, c. 5, s. 73 (14). Apportionment among spouses (8) If there is more than one person entitled to payments under this section as a spouse of the deceased worker, the following rules apply: 1.  The total lump sum payments to the spouses must not exceed $121,009.87. 2.  The total periodic payments to the spouses must not exceed 85 per cent of the deceased worker’s net average earnings. 3.  The Board shall apportion the payments among the spouses in accordance with, i.  the relative degree of financial and emotional dependance of each spouse on the deceased worker at the time of death, ii.  the period of separation, if any, of each spouse from the deceased worker at the time of death, and iii.  the size of the relative entitlements of those so entitled without reference to this subsection. 1997, c. 16, Sched. A, s. 48 (8); 1999, c. 6, s. 67 (16); 2005, c. 5, s. 73 (15); 2017, c. 8, Sched. 33, s. 5 (4). Labour market re-entry plan for spouse (9) Upon request, the Board shall provide a spouse with a labour market re-entry assessment. The request must be made within one year after the death of the worker.  1997, c. 16, Sched. A, s. 48 (9); 1999, c. 6, s. 67 (17); 2005, c. 5, s. 73 (16). Same (10) Subsections 42 (2) to (8) apply with necessary modifications with respect to the labour market re-entry plan.  1997, c. 16, Sched. A, s. 48 (10). Same (11) If the spouse fails to comply with subsection 42 (7), the Board may discontinue the provision of a labour market re-entry assessment or plan.  1997, c. 16, Sched. A, s. 48 (11); 1999, c. 6, s. 67 (18); 2000, c. 26, Sched. I, s. 1 (9); 2005, c. 5, s. 73 (17). Bereavement counselling (12) Upon request, the Board may pay for bereavement counselling for the spouse or the children of the worker. The request must be received within one year after the worker’s death.  1997, c. 16, Sched. A, s. 48 (12); 1999, c. 6, s. 67 (19); 2005, c. 5, s. 73 (18). Lump sum payment to dependent children, no spouse (13) If there is no spouse when the worker dies and if the deceased worker is survived by one or more dependent children, the dependent children as a class are entitled to payment of a lump sum of $80,673.30. 1997, c. 16, Sched. A, s. 48 (13); 1999, c. 6, s. 67 (20); 2005, c. 5, s. 73 (19); 2017, c. 8, Sched. 33, s. 5 (5). Periodic payment to dependent children, no spouse (14) If there is no spouse or if the spouse dies and the deceased worker is survived by only one dependent child, the dependent child is entitled to be paid, by periodic payments, 30 per cent of the deceased worker’s net average earnings. However, if the deceased worker’s net average earnings are less than $22,904.44, they shall be deemed to be $22,904.44. 1997, c. 16, Sched. A, s. 48 (14); 1999, c. 6, s. 67 (21); 2005, c. 5, s. 73 (20); 2017, c. 8, Sched. 33, s. 5 (6). Same (15) If there is no spouse or if the spouse dies and the deceased worker is survived by more than one dependent child, the dependent children as a class are entitled to be paid, by periodic payments, 30 per cent of the deceased worker’s net average earnings plus 10 per cent of the net average earnings for each dependent child, except one child. However, if the deceased worker’s net average earnings are less than $22,904.44 they shall be deemed to be $22,904.44 and the total amount payable under this subsection shall not exceed 85 per cent of the net average earnings of the worker at the time of the accident. 1997, c. 16, Sched. A, s. 48 (15); 1999, c. 6, s. 67 (22); 2005, c. 5, s. 73 (21); 2017, c. 8, Sched. 33, s. 5 (7). Cessation of payments for children (16) Periodic payments in respect of a child cease when the child reaches 19 years of age, except in the circumstances described in subsections (17) and (18).  1997, c. 16, Sched. A, s. 48 (16). Periodic payments, education of children (17) If the Board is satisfied that it is advisable for a child over 19 years of age to continue his or her education, the child is entitled to be paid, by periodic payments, 10 per cent of the deceased worker’s net average earnings until such time as the Board considers appropriate.  1997, c. 16, Sched. A, s. 48 (17). Periodic payments, incapable children (18) Periodic payments in respect of a child who is physically or mentally incapable of earning wages continue until the child is able to earn wages or until his or her death.  1997, c. 16, Sched. A, s. 48 (18). Maximum payable to spouse and children (19) The total periodic payments to the spouse and the children of the deceased worker must not exceed 85 per cent of the deceased worker’s net average earnings.  1997, c. 16, Sched. A, s. 48 (19); 1999, c. 6, s. 67 (23); 2005, c. 5, s. 73 (22). Parent (not spouse) (20) Despite subsections (14) and (15), the following rules apply if one or more children who are entitled to payments under this section are being maintained by a parent who is not the spouse of the deceased worker or by another person who is acting in the role of parent: 1.  The parent or other person is entitled to receive the periodic payments to which a spouse of the deceased worker would be entitled under subsection (4). 2.  In the circumstances described in paragraph 1, the payments to the parent or other person with respect to the children are in lieu of the periodic payments to which the children would otherwise be entitled under this section. 3.  If there is more than one individual who is a parent or other person and if there is more than one child, the Board shall apportion the payments. 4.  The total periodic payments under this subsection must not exceed 85 per cent of the deceased worker’s net average earnings.  1997, c. 16, Sched. A, s. 48 (20); 1999, c. 6, s. 67 (24); 2005, c. 5, s. 73 (23); 2021, c. 4, Sched. 11, s. 42 (4). Dependants, no spouse or children (21) If the deceased worker has no spouse or children but is survived by other dependants, the dependants are entitled to reasonable compensation proportionate to the loss occasioned to each of them. The following rules apply with respect to that compensation: 1.  The Board shall determine the amount of the compensation. 2.  The total periodic payments to the dependants must not exceed 50 per cent of the deceased worker’s net average earnings. 3.  The periodic payments to a dependant are payable only as long as the worker could have been reasonably expected to continue to support the dependant if the deceased worker had not suffered injury.  1997, c. 16, Sched. A, s. 48 (21); 1999, c. 6, s. 67 (25); 2005, c. 5, s. 73 (24). Burial expenses (22) The Board shall determine and pay the necessary expenses of burial or cremation of the deceased worker, paying at least $3,025.25. If, because of the circumstances of the case, the worker’s body is transported a considerable distance for burial or cremation, the Board may also pay the necessary transportation costs.  1997, c. 16, Sched. A, s. 48 (22); 2017, c. 8, Sched. 33, s. 5 (8). Deductions for CPP and QPP payments (23) In calculating the compensation payable by way of periodic payments under this section, the Board shall have regard to any payments of survivor benefits for death caused by injury that are received under the Canada Pension Plan or the Quebec Pension Plan in respect of the deceased worker.  1997, c. 16, Sched. A, s. 48 (23). Net average earnings (24) For the purposes of this section, the deceased worker’s net average earnings are to be determined as of the date of the injury to the worker.  1997, c. 16, Sched. A, s. 48 (24). Transition (25) The amount of a payment payable to a person under this section for any period before January 1, 2018 shall be calculated using the amounts set out in this section as it read on December 30, 2017, and as adjusted in accordance with the alternate indexing factor described in subsection 50 (1), as it read on December 31, 2017, regardless of when the Board determines that the person is entitled to the amount. 2017, c. 8, Sched. 33, s. 5 (9). Section Amendments with date in force (d/m/y) 1999, c. 6, s. 67 (10-25) - 01/03/2000 2000, c. 26, Sched. I, s. 1 (9) - 01/01/1998 2005, c. 5, s. 73 (9-24) - 09/03/2005 2017, c. 8, Sched. 33, s. 5 (1-8) - 31/12/2017; 2017, c. 8, Sched. 33, s. 5 (9) - 01/01/2018 2021, c. 4, Sched. 11, s. 42 (4) - 19/04/2021 Average earnings — death benefits