5. (1) Where by the law in force in the place in which the accident happens, the beneficiary is entitled to a benefit and is also entitled to a benefit under this Act, he shall be bound to elect between the said law and that of Québec and to give notice of such election. If such election is not made and notice given, it shall be presumed that he have elected not to claim benefit under this Act.
(2) Within three months after the happening of the accident, or, in case it results in death, within three months after the death, or within such longer period as either before or after the expiration of such three months the Commission may allow, notice of such election shall be given to the Commission.