R-9, r. 20.1 - Regulation respecting the implementation of the First Amendment to the Agreement on Social Security Between the Gouvernement du Québec and the Government of the French Republic signed at Paris on 17 December 2003

Full text
Schedule 1
(s. 1)
FIRST AMENDMENT TO THE AGREEMENT ON SOCIAL SECURITY BETWEEN THE GOUVERNEMENT DU QUÉBEC AND THE GOVERNMENT OF THE FRENCH REPUBLIC SIGNED AT PARIS ON 17 DECEMBER 2003
THE GOUVERNEMENT DU QUÉBEC
AND
THE GOVERNMENT OF THE REPUBLIC OF FRANCE
Hereinafter referred to as “the Parties”,
Desirous to amend the Agreement on Social Security Between the Gouvernement du Québec and the Government of the French Republic, signed at Paris on 17 December 2003 (hereinafter the “Agreement”),
HAVE AGREED TO THE FOLLOWING PROVISIONS:
ARTICLE 1
Article 1 of the Agreement shall be amended as follows:
(1) In paragraph 1(a), after the words “the European and overseas departments of the French Republic”, the words “and the territorial collectivity of Saint Pierre and Miquelon” shall be inserted;
(2) In paragraph (g), the word “claimant” shall be replaced by the words “family member”;
(3) In paragraph (j), the words “persons deriving rights from an insured person” shall be replaced by the words “family members.”
ARTICLE 2
Paragraph 1 of Article 2 of the Agreement is amended as follows:
(1) As regards France, after sub-paragraph (h), the following subparagraph (i) shall be inserted:
“(i) to statutes concerning the branches and social security plans applicable to Saint Pierre and Miquelon, except for the unemployment insurance plan and non-contributory benefits for solidarity. “;
(2) As regards Québec, the words “family benefits” shall be deleted.
ARTICLE 3
The first sentence of paragraph 2 of Article 9 of the Agreement shall be amended by inserting the words “in the same calendar year” after the words “three months”.
ARTICLE 4
In the title of Chapter 1 of Title III of the Agreement, after the words “old age”, the word “, disability” shall be inserted.
ARTICLE 5
Article 14 of the Agreement shall be amended as follows:
(1) as regards France, after the words “old age”, the word “, disability” shall be inserted;
(2) as regards Québec, after the word “retirement”, the word “, disability” shall be inserted.
ARTICLE 6
Article 16 of the Agreement shall be replaced by the following provisions:
“ARTICLE 16
Totalization of Insurance Periods
1. If the statutes of one Party subordinates the acquisition, maintenance or recovery of the right to pensions under a plan that is not a special plan within the meaning of paragraph 4 or 5, to the completion of periods of insurance, the competent institution of that Party shall totalize, to the extent necessary, the periods of insurance completed under the statutes of the other Party, whether the periods completed were in a general or special plan, as if the periods were completed under the statutes applied by the Party, the overlapping periods being counted only once.
For the purposes of such a totalization, only the periods completed from 1 January 1966 which are included in the contributory period as defined in Québec statutes shall be considered.
2. If the statutes of one of the Parties subordinates the granting of benefits to the condition that the worker be subject to that statute at the time of the occurrence of the event giving rise to the benefit, this condition shall be deemed satisfied if, on the occurrence thereof, the worker contributes or is in an assimilated situation in the other Party.
3. If, for the recognition of the right to the benefit, the statutes of a Party require that insurance periods have been completed in a pre-determined time frame prior to the event at the origin of the benefit, this condition shall be deemed satisfied if the person proves such periods of insurance under the statutes of the other Party in the period immediately prior to the relevant event.
4. If the statutes of one of the Parties include special plans that subordinate the granting of certain pensions provided that the periods of insurance have been completed in a determined occupation or employment, the periods completed under the statutes of the other Party shall be taken into account, for the granting of these pensions, only if they have been completed in the same occupation or employment.
5. The provisions of paragraph 4 shall not apply, as regards the special plans of France, to special retirement plans for civil and military officers of the State, territorial and hospital officers and workers in industrial establishments of the State.
However, for determining the clearance rate of the pension, the special plans of France for civil and military officers of the State, territorial and hospital officers and workers in industrial establishments of the State shall take into account, for the duration of insurance completed in one or more other basic mandatory pension plans, insurance periods completed under Québec statutes.
6. If, considering the totalization provided for in paragraph 4 or solely the periods completed in plans referred to in paragraph 5, the person concerned does not meet the requirements for entitlement set out in the special plan, the periods of insurance completed in the special plan shall be taken into account in the conditions set out in the statutes of the Party where the special plan applies.”.
ARTICLE 7
Subject to Article 8 of this Amendment, Chapter 2 of Title III of the Agreement shall be repealed.
ARTICLE 8
(1) The shared-cost disability pension, paid under the provisions of Chapter 2 of Title III of the Agreement as applicable before the entry into force of this Amendment, shall be recalculated by applying the provisions of Chapter 1 of Title III of the Agreement as modified by this Amendment.
(2) If the sum of the recalculated disability pensions of one and the other Party is less than the original pension, the beneficiary shall continue to receive the shared-cost disability pension under the provisions of Chapter 2 of Title III of the Agreement as applicable before the entry into force of this Amendment.
(3) In the case where the shared-cost disability pension is maintained, if the beneficiary receives a retirement or old age pension under the statutes of a Party, the cost-sharing shall cease.
ARTICLE 9
Articles 46 and 47 of the Agreement shall be repealed.
ARTICLE 10
Article 48 of the Agreement shall be replaced by the following provisions:
“ARTICLE 48
Persons Referred to in Articles 7, 8, 12 and 13
As regards France:
(a) The persons referred to in Articles 7 and 8, paragraph 1 of Article 12, and Article 13 that are subject to the French statutes shall be entitled for the children accompanying them in the territory of the other Party to the family benefits listed in the Administrative Arrangement.
(b) Benefits shall be covered directly by the French competent institution as of their arrival in Québec.”.
ARTICLE 11
Paragraph 2 of Article 49 of the Agreement shall be replaced by the following provisions:
“2. The liaison agencies shall be designated in the Administrative Arrangement.”.
ARTICLE 12
Article 53 of the Agreement shall be replaced by the following provisions:
“ARTICLE 53
Medical Examination Reports, Administrative Controls and Medical Documents
1. At the request of the competent institution of one Party, the competent institution of the other Party shall make the necessary arrangements to provide the medical examination reports, administrative controls and medical documents required for persons residing or staying in the territory of the second Party.
2. The reports and controls referred to in paragraph 1 may not be disallowed solely because they have been made in the territory of the other Party.”.
ARTICLE 13
Article 54 of the Agreement shall be replaced by the following provisions:
“ARTICLE 54
Protection of Personal Information
1. For the purposes of this Article, the terms “statute”, “personal data” and “personal information” shall have the usual meaning given to them in domestic laws of each Party.
2. The agencies of the Parties may release to one another any personal data or information necessary for the application of the Agreement.
3. Personal data or information released to an agency of a Party may be used only for the application of the Agreement.
A Party may however use such data or information for other purposes with the consent of the person concerned or, without the consent of the said person, only in the following cases:
(a) its use is compatible and has a direct and relevant connection with the purposes for which the data or information was collected;
(b) its use is clearly for the benefit of the person to whom it relates, or;
(c) its use is necessary for the administration of an Act in Québec or in France.
4. Personal data or information released to an agency of a Party may only be released to another agency of this Party for the application of the Agreement.
A Party may however release such data or information with the consent of the person concerned or, without the consent of the said person, only in the following cases:
(a) its release is necessary for the exercise of the rights and powers of an agency of a Party;
(b) its release is clearly for the benefit of the person to whom it relates, or;
(c) its release is necessary for the administration of an Act in Québec or in France.
5. The agencies of both Parties shall ensure, during the transmission of the data or information referred to in paragraph 2, the use of means preserving their confidentiality.
6. The agency of a Party, to which data or information referred to in paragraph 2 is released, shall protect it against unauthorized access, alteration and release.
7. The agency of a Party, to which personal data or information referred to in paragraph 2 is released, shall take the necessary measures to ensure that it remains up to date. As need be, it shall correct it and shall destroy that whose collection or storage is not authorized by the statutes which apply to it. It shall also destroy, upon request from an agency of a Party, the data or information transmitted by mistake.
8. Subject to a Party’s statutes relating to the conservation of personal data or information, this data or information shall be destroyed when the purposes for which it was collected or used is completed. The agencies of both Parties shall use safe and final means of destruction, and shall ensure the confidentiality of the personal data or information awaiting destruction.
9. Upon request to an agency of a Party, the person concerned has the right to be informed of the release of personal data or information referred to in paragraph 2 and of its use for purposes other than the application of the Agreement. That person may also have access to the personal data or information concerning him or her and have it corrected, in accordance with the statutes of the Party on whose territory the data or information is held.
10. The competent authorities of the Parties shall inform each other of any changes to the statutes concerning this matter.”.
ARTICLE 14
In paragraph 2 of Article 57 of the Agreement, the words “medical examination report produced” shall be replaced by the words “medical examination report or administrative control produced”.
ARTICLE 15
(1) Each Party shall notify the other of the completion of its internal procedures required for the entry into force of this Amendment.
(2) Subject to paragraph 3, this Amendment shall enter into force on the first day of the second month following receipt of the last notification.
(3) Articles 7 and 8 of this Amendment shall enter into force on 1 January following the date of entry into force determined under paragraph 2.
Done at Québec, on 28 April 2016, in duplicate in the French language.
FOR THE GOUVERNEMENT DU QUÉBECFOR THE GOVERNMENT OF THE FRENCH REPUBLIC
CHRISTINE ST-PIERRE,ANNICK GIRARDIN,
Minister of International Relations and La FrancophonieMinister of the Civil Service
806-2017O.C. 806-2017, Sch. 1.
Schedule 1
(s. 1)
FIRST AMENDMENT TO THE AGREEMENT ON SOCIAL SECURITY BETWEEN THE GOUVERNEMENT DU QUÉBEC AND THE GOVERNMENT OF THE FRENCH REPUBLIC SIGNED AT PARIS ON 17 DECEMBER 2003
THE GOUVERNEMENT DU QUÉBEC
AND
THE GOVERNMENT OF THE REPUBLIC OF FRANCE
Hereinafter referred to as “the Parties”,
Desirous to amend the Agreement on Social Security Between the Gouvernement du Québec and the Government of the French Republic, signed at Paris on 17 December 2003 (hereinafter the “Agreement”),
HAVE AGREED TO THE FOLLOWING PROVISIONS:
ARTICLE 1
Article 1 of the Agreement shall be amended as follows:
(1) In paragraph 1(a), after the words “the European and overseas departments of the French Republic”, the words “and the territorial collectivity of Saint Pierre and Miquelon” shall be inserted;
(2) In paragraph (g), the word “claimant” shall be replaced by the words “family member”;
(3) In paragraph (j), the words “persons deriving rights from an insured person” shall be replaced by the words “family members.”
ARTICLE 2
Paragraph 1 of Article 2 of the Agreement is amended as follows:
(1) As regards France, after sub-paragraph (h), the following subparagraph (i) shall be inserted:
“(i) to statutes concerning the branches and social security plans applicable to Saint Pierre and Miquelon, except for the unemployment insurance plan and non-contributory benefits for solidarity. “;
(2) As regards Québec, the words “family benefits” shall be deleted.
ARTICLE 3
The first sentence of paragraph 2 of Article 9 of the Agreement shall be amended by inserting the words “in the same calendar year” after the words “three months”.
ARTICLE 4
In the title of Chapter 1 of Title III of the Agreement, after the words “old age”, the word “, disability” shall be inserted.
ARTICLE 5
Article 14 of the Agreement shall be amended as follows:
(1) as regards France, after the words “old age”, the word “, disability” shall be inserted;
(2) as regards Québec, after the word “retirement”, the word “, disability” shall be inserted.
ARTICLE 6
Article 16 of the Agreement shall be replaced by the following provisions:
“ARTICLE 16
Totalization of Insurance Periods
1. If the statutes of one Party subordinates the acquisition, maintenance or recovery of the right to pensions under a plan that is not a special plan within the meaning of paragraph 4 or 5, to the completion of periods of insurance, the competent institution of that Party shall totalize, to the extent necessary, the periods of insurance completed under the statutes of the other Party, whether the periods completed were in a general or special plan, as if the periods were completed under the statutes applied by the Party, the overlapping periods being counted only once.
For the purposes of such a totalization, only the periods completed from 1 January 1966 which are included in the contributory period as defined in Québec statutes shall be considered.
2. If the statutes of one of the Parties subordinates the granting of benefits to the condition that the worker be subject to that statute at the time of the occurrence of the event giving rise to the benefit, this condition shall be deemed satisfied if, on the occurrence thereof, the worker contributes or is in an assimilated situation in the other Party.
3. If, for the recognition of the right to the benefit, the statutes of a Party require that insurance periods have been completed in a pre-determined time frame prior to the event at the origin of the benefit, this condition shall be deemed satisfied if the person proves such periods of insurance under the statutes of the other Party in the period immediately prior to the relevant event.
4. If the statutes of one of the Parties include special plans that subordinate the granting of certain pensions provided that the periods of insurance have been completed in a determined occupation or employment, the periods completed under the statutes of the other Party shall be taken into account, for the granting of these pensions, only if they have been completed in the same occupation or employment.
5. The provisions of paragraph 4 shall not apply, as regards the special plans of France, to special retirement plans for civil and military officers of the State, territorial and hospital officers and workers in industrial establishments of the State.
However, for determining the clearance rate of the pension, the special plans of France for civil and military officers of the State, territorial and hospital officers and workers in industrial establishments of the State shall take into account, for the duration of insurance completed in one or more other basic mandatory pension plans, insurance periods completed under Québec statutes.
6. If, considering the totalization provided for in paragraph 4 or solely the periods completed in plans referred to in paragraph 5, the person concerned does not meet the requirements for entitlement set out in the special plan, the periods of insurance completed in the special plan shall be taken into account in the conditions set out in the statutes of the Party where the special plan applies.”.
ARTICLE 7
Subject to Article 8 of this Amendment, Chapter 2 of Title III of the Agreement shall be repealed.
ARTICLE 8
(1) The shared-cost disability pension, paid under the provisions of Chapter 2 of Title III of the Agreement as applicable before the entry into force of this Amendment, shall be recalculated by applying the provisions of Chapter 1 of Title III of the Agreement as modified by this Amendment.
(2) If the sum of the recalculated disability pensions of one and the other Party is less than the original pension, the beneficiary shall continue to receive the shared-cost disability pension under the provisions of Chapter 2 of Title III of the Agreement as applicable before the entry into force of this Amendment.
(3) In the case where the shared-cost disability pension is maintained, if the beneficiary receives a retirement or old age pension under the statutes of a Party, the cost-sharing shall cease.
ARTICLE 9
Articles 46 and 47 of the Agreement shall be repealed.
ARTICLE 10
Article 48 of the Agreement shall be replaced by the following provisions:
“ARTICLE 48
Persons Referred to in Articles 7, 8, 12 and 13
As regards France:
(a) The persons referred to in Articles 7 and 8, paragraph 1 of Article 12, and Article 13 that are subject to the French statutes shall be entitled for the children accompanying them in the territory of the other Party to the family benefits listed in the Administrative Arrangement.
(b) Benefits shall be covered directly by the French competent institution as of their arrival in Québec.”.
ARTICLE 11
Paragraph 2 of Article 49 of the Agreement shall be replaced by the following provisions:
“2. The liaison agencies shall be designated in the Administrative Arrangement.”.
ARTICLE 12
Article 53 of the Agreement shall be replaced by the following provisions:
“ARTICLE 53
Medical Examination Reports, Administrative Controls and Medical Documents
1. At the request of the competent institution of one Party, the competent institution of the other Party shall make the necessary arrangements to provide the medical examination reports, administrative controls and medical documents required for persons residing or staying in the territory of the second Party.
2. The reports and controls referred to in paragraph 1 may not be disallowed solely because they have been made in the territory of the other Party.”.
ARTICLE 13
Article 54 of the Agreement shall be replaced by the following provisions:
“ARTICLE 54
Protection of Personal Information
1. For the purposes of this Article, the terms “statute”, “personal data” and “personal information” shall have the usual meaning given to them in domestic laws of each Party.
2. The agencies of the Parties may release to one another any personal data or information necessary for the application of the Agreement.
3. Personal data or information released to an agency of a Party may be used only for the application of the Agreement.
A Party may however use such data or information for other purposes with the consent of the person concerned or, without the consent of the said person, only in the following cases:
(a) its use is compatible and has a direct and relevant connection with the purposes for which the data or information was collected;
(b) its use is clearly for the benefit of the person to whom it relates, or;
(c) its use is necessary for the administration of an Act in Québec or in France.
4. Personal data or information released to an agency of a Party may only be released to another agency of this Party for the application of the Agreement.
A Party may however release such data or information with the consent of the person concerned or, without the consent of the said person, only in the following cases:
(a) its release is necessary for the exercise of the rights and powers of an agency of a Party;
(b) its release is clearly for the benefit of the person to whom it relates, or;
(c) its release is necessary for the administration of an Act in Québec or in France.
5. The agencies of both Parties shall ensure, during the transmission of the data or information referred to in paragraph 2, the use of means preserving their confidentiality.
6. The agency of a Party, to which data or information referred to in paragraph 2 is released, shall protect it against unauthorized access, alteration and release.
7. The agency of a Party, to which personal data or information referred to in paragraph 2 is released, shall take the necessary measures to ensure that it remains up to date. As need be, it shall correct it and shall destroy that whose collection or storage is not authorized by the statutes which apply to it. It shall also destroy, upon request from an agency of a Party, the data or information transmitted by mistake.
8. Subject to a Party’s statutes relating to the conservation of personal data or information, this data or information shall be destroyed when the purposes for which it was collected or used is completed. The agencies of both Parties shall use safe and final means of destruction, and shall ensure the confidentiality of the personal data or information awaiting destruction.
9. Upon request to an agency of a Party, the person concerned has the right to be informed of the release of personal data or information referred to in paragraph 2 and of its use for purposes other than the application of the Agreement. That person may also have access to the personal data or information concerning him or her and have it corrected, in accordance with the statutes of the Party on whose territory the data or information is held.
10. The competent authorities of the Parties shall inform each other of any changes to the statutes concerning this matter.”.
ARTICLE 14
In paragraph 2 of Article 57 of the Agreement, the words “medical examination report produced” shall be replaced by the words “medical examination report or administrative control produced”.
ARTICLE 15
(1) Each Party shall notify the other of the completion of its internal procedures required for the entry into force of this Amendment.
(2) Subject to paragraph 3, this Amendment shall enter into force on the first day of the second month following receipt of the last notification.
(3) Articles 7 and 8 of this Amendment shall enter into force on 1 January following the date of entry into force determined under paragraph 2.
Done at Québec, on 28 April 2016, in duplicate in the French language.
FOR THE GOUVERNEMENT DU QUÉBECFOR THE GOVERNMENT OF THE FRENCH REPUBLIC
CHRISTINE ST-PIERRE,ANNICK GIRARDIN,
Minister of International Relations and La FrancophonieMinister of the Civil Service
806-2017O.C. 806-2017, Sch. 1.