23(1)Within one year after the date of the firefighter’s or former firefighter’s death, a surviving dependent spouse shall elect to receive benefits in accordance with section 24 or 25.

23(2)Before a spouse makes an election under this section, the Commission shall pay for independent financial advice to be given to the spouse with respect to the election, up to a maximum amount as determined by resolution of the Commission.

23(3)If a spouse is unable or unwilling to make an election within the period referred to in subsection (2), the Commission may extend the period of time within which the election may be made, but if an election is not made within such further period of time, the Commission may, upon a consideration of the circumstances of the spouse and other dependants of the firefighter or former firefighter, make an election in place of the spouse that, in its opinion, it considers to be the most beneficial for the spouse and the other dependants and such election shall be deemed to be an election by the spouse.

23(4)An election under this section is irrevocable and shall be deemed to be effective as of the anniversary date one year after the date of death of the firefighter or former firefighter.

23(5)If an election is made by a surviving dependent spouse or the Commission under this section, all other dependants of the firefighter or former firefighter shall be deemed to have made the same election.