13(1)Where a contributor who had to the contributor’s credit 5 or more years pensionable service dies without leaving a surviving spouse, surviving common-law partner or children, or where a surviving spouse’s pension, surviving common-law partner’s pension or children’s pension is not payable or ceases to be payable under this Act, the Lieutenant-Governor in Council may grant to a person, who, being a member of the contributor’s family and a “dependant” of the contributor as defined in subsection 8500(1) of the
Income Tax Regulations under the
Income Tax Act (Canada), was at the time of the contributor’s death wholly or partly dependent upon the contributor’s earnings, a pension in an amount not exceeding the amount of the surviving spouse’s pension or surviving common-law partner’s pension that was being paid or could have been paid under section 11.