R-9, r. 35.1 - Regulation respecting the implementation of the Agreement on Social Security between the Gouvernement du Québec and the Government of Romania

Schedule Disposition versions

2016-03-01

SCHEDULE 2

(s. 2)

ADMINISTRATIVE ARRANGEMENT FOR THE IMPLEMENTATION OF THE AGREEMENT ON SOCIAL SECURITY BETWEEN THE GOUVERNEMENT DU QUÉBEC AND THE GOVERNMENT OF ROMANIA

THE GOUVERNEMENT DU QUÉBEC

AND

THE GOVERNMENT OF ROMANIA

hereinafter referred to as “the Parties”

CONSIDERING Article 36 of the Agreement on Social Security between the Gouvernement du Québec and the Government of Romania,

HAVE AGREED AS FOLLOWS:

ARTICLE 1

DEFINITIONS

In this Administrative Arrangement,

(a) the term “Agreement” means the Agreement on Social Security between the Gouvernement du Québec and the Government of Romania signed at Québec on November 19, 2013;

(b) all other terms have the meaning given to them in Article 1 of the Agreement.

ARTICLE 2

LIAISON AGENCIES

(1) In accordance with the provisions of paragraph 2 of Article 36 of the Agreement, the liaison agencies designated by each of the Parties shall be:

(a) for the Gouvernement du Québec:

— the Bureau des ententes de sécurité sociale of the Régie des rentes du Québec or any other agency that the Gouvernement du Québec may subsequently designate;

(b) For the Government of Romania:

— The National Fund for Public Pension for old age (age limit, early and partial early), disability, survivor, for death benefits, benefits in cash and in kind for industrial accidents and occupational diseases;

— The National Fund for Health Insurance for sickness and maternity benefits.

(2) For the implementation of the Agreement and this Arrangement, the liaison agencies designated in paragraph 1 may communicate with each other or with the persons concerned or their legal representatives.

ARTICLE 3

CERTIFICATE OF COVERAGE

(1) For the purposes of Articles 7, 8, paragraph 1 of Article 10 and Article 11 of the Agreement, when a person remains subject to the legislation of one Party while working in the territory of the other Party, a certificate of coverage shall be issued:

(a) by the liaison agency of the Gouvernement du Québec when the person remains subject to the legislation of Québec;

(b) by the competent institution of the government of Romania, where the person remains subject to the legislation of Romania.

(2) The liaison agency or competent institution issuing the certificate, shall forward it to the person concerned or, where applicable, his employer and shall send a copy to the competent institution or liaison agency of the other Party.

(3) The person referred to in paragraph 1 must retain the certificate during the entire period of activity in the territory of the other Party, to present it upon request of an agency of that Party.

(4) For the purposes of paragraph 2 of Article 8 of the Agreement, the request for extension is sent to the liaison agency or the competent institution of the Party that issued the certificate. This liaison agency or competent institution shall seek the approval of the competent institution or liaison agency of the other Party. The certificate issued shall contain the registration number and the date of approval. It is forwarded to the person concerned or, where applicable, his employer and a copy is sent to the liaison agency or the competent institution of the other Party.

(5) For the purposes of Article 11 of the Agreement, the provisions of paragraph 4 pursuing at obtaining approval between the liaison agency of the Gouvernement du Quebec and the competent institution of the Government of Romania shall apply, with necessary adaptations. The liaison agency of the Gouvernement du Quebec is responsible for obtaining the decision of the competent institutions of Quebec.

BENEFITS IN CASE OF SICKNESS

ARTICLE 4

FORMALITIES FOR THE ENTITLEMENT, MAINTENANCE OR RECOVERY OF THE RIGHT TO BENEFITS

(1) For the application of Articles 15 and 16 of the Agreement, information on the insured periods completed previously shall be provided by the institution of the Party whose legislation the person has been subjected to earlier by means of a form attesting to the insurance periods.

(2) In order to receive benefits in kind in the territory of Québec, persons must register with the Régie de l’assurance maladie du Québec by using the registration form intended for this purpose and presenting, in addition to the document relating to their immigration status in Québec and proof of establishment of domicile, the attestation form referred to in paragraph 1. Entitlement to benefits shall be established upon receipt of these documents by the Régie de l’assurance maladie du Québec with retroactive effect to the day of arrival.

(3) In order to receive benefits in kind in the territory of Romania, persons must register with the competent institution of Romania, under the conditions set by the legislation of Romania, by presenting the attestation form referred to in paragraph 1. These benefits shall be granted from the day of arrival in the territory of Romania.

ARTICLE 5

FORMALITIES PRECEDING THE SERVICE OF BENEFITS TO SECONDED PERSONS, TO THEIR SPOUSE AND TO THEIR DEPENDENTS

For the purposes of Article 17 of the Agreement:

(a) in Québec, persons must register with the Régie de l’assurance maladie du Québec by using the registration form intended for this purpose and presenting the document relating to their immigration status in Québec and the attestation of eligibility for benefits in case of sickness;

(b) in Romania, persons must register with the competent institution of Romania, under the conditions set by the legislation of Romania, by presenting the attestation of eligibility for benefits in case of sickness.

The provisions of paragraphs a and b shall apply to the spouse and the dependents accompanying or joining the worker as long as their names appear on the attestation of eligibility for benefits in case of sickness that was issued to the worker.

ARTICLE 6

FORMALITIES PRECEDING THE SERVICE OF BENEFITS DURING A STAY FOR STUDIES

For the purposes of Article 18 of the Agreement:

(a) in Québec, persons must register with the Régie de l’assurance maladie du Québec by using the registration form intended for this purpose and presenting the document relating to their immigration status in Québec and the form attesting of their status of insured person established by the competent institution of Romania;

(b) in Romania, persons must register with the competent institution of Romania, under the conditions set by the legislation of Romania, by presenting the form attesting of their status of insured person established by the Régie de l’assurance maladie du Québec.

The provisions of paragraphs a and b shall apply to the spouse and the dependents accompanying or joining the person referred to in the previous paragraphs as long as their name appears on the form delivered to the latter.

RETIREMENT, DISABILITY, AND SURVIVOR BENEFITS

ARTICLE 7

BENEFITS

(1) For the purposes of Chapter 2 of Part III of the Agreement, a claim for benefits under the Agreement may be filed with the liaison agency or competent institution, as the case may be, of either Party, along with the required supporting documents.

(2) When a liaison agency or competent institution receives a claim for benefits under the legislation applied by the other Party, the claim shall be forwarded without delay to the other competent institution or liaison agency, along with copies of the provided supporting documents certified as being true copies of the originals, while indicating the date the claim was received.

(3) Information relating to the civil status included in the claim must be certified by the liaison agency or the competent institution as being true to the information contained on the original supporting documents. The certification of this information shall exempt the liaison agency or the competent institution from transmitting the corresponding supporting documents.

(4) A copy of the claim and supporting documents shall be kept by the liaison agency or competent institution with which the claim was initially filed. If requested, a copy shall be made available to the competent institution of the other Party.

(5) The liaison agency or competent institution shall confirm, by means of an agreed form, insurance periods recognized under the applicable legislation.

(6) If so requested by the competent institution of a Party, the liaison agency or competent institution of the other Party shall include all available information or medical documentation relating to the disability of the claimant or beneficiary.

(7) As soon as it reaches a decision on a claim under the legislation it administers, the competent institution shall notify and inform the claimant of the procedures and time limits for legal remedies provided for in that legislation; it shall also notify the liaison agency or competent institution of the other Party using a liaison form.

(8) When the competent institution of a Party notes a change in the situation of a beneficiary, and that this change is likely to affect that beneficiary’s right to a benefit under the legislation of the other Party, it shall inform the competent institution of that other Party.

DEATH BENEFITS AS REGARDS ROMANIA

ARTICLE 8

DEATH BENEFITS AS REGARDS ROMANIA

(1) To be eligible for a death benefit under the legislation of Romania, the claimant who resides in Quebec may submit his claim to the liaison agency of Québec.

(2) The claim must be accompanied by the documentation required by the legislation of Romania.

(3) The information provided by the claimant must be accompanied by the original supporting documents or copies certified as being true copies of the originals by the liaison agency of Québec.

BENEFITS IN CASE OF OCCUPATIONAL INJURY

ARTICLE 9

COMPETENT INSTITUTIONS

For the purposes of Chapter 3 of Part III of the Agreement, the competent institutions are, regarding the legislation of Québec, the Commission de la santé et de la sécurité du travail, hereafter called “CSST”, and regarding the legislation of Romania, the Territorial Pension Funds.

ARTICLE 10

DECLARATION OF THE OCCUPATIONAL INJURY AND EXCHANGE OF INFORMATION BETWEEN THE COMPETENT INSTITUTIONS

(1) When a worker suffers an occupational injury under the legislation of a Party, while he is in the territory of the other Party, the declaration of the industrial accident or occupational disease must be done in accordance to the legislation of the competent institution, without taking into account the legislation in force in the territory where the industrial accident or occupational disease occurred.

(2) The institution of the Party in whose territory the occupational injury occurred shall forward to the competent institution all information and documents needed to process the application, including medical reports and investigation reports.

ARTICLE 11

BENEFITS IN KIND TO THE WORKER SUBJECT TO THE LEGISLATION OF ONE PARTY AND STAYING OR RESIDENT IN THE TERRITORY OF THE OTHER PARTY

In order to receive benefits in kind as a result of an industrial accident or an occupational disease under Article 31 of the Agreement, the worker subject to the legislation of one Party and staying or residing in the territory of the other Party shall submit to the institution of the place of stay or residence a form issued by the competent institution certifying that he or she is entitled to receive benefits in kind as a result of his industrial accident or occupational disease. The form shall specify the type of benefits in kind and the period for which they can be granted. If the worker is not in possession of the said form, the institution of the place of stay or residence shall request it from competent institution.

ARTICLE 12

RELAPSE

(1) In case of relapse, the worker referred to in Article 30 of the Agreement shall provide the institution of the place of stay or residence with the necessary information relating to benefits previously granted in reason of the accident or occupational disease related to this relapse. If deemed necessary, it may inquire upon the institution which provided the benefits in order to obtain any relevant details.

(2) For purposes of paragraph ii of subparagraph a of paragraph 2 of Article 30, the institution of the place of stay or residence which shall bear the additional benefits corresponding to the relapse shall notify the competent institution of the other Party.

(3) For the purposes of subparagraph b of paragraph 2 of Article 30, a copy of the decision of refusal notified to the worker by the institution of the place of stay or residence shall be forwarded to the competent institution of the other Party, along with the claim and the documents referred to in paragraph 1 so that it may make a decision on the relapse, according to the legislation it administers.

ARTICLE 13

SERVICE OF BENEFITS IN KIND

For the purposes of Article 31 of the Agreement:

(1) If it is established by the competent institution that it is an industrial accident or an occupational disease, the benefits in kind shall be provided as benefits for industrial accident or occupational disease from the date on which the accident occurred or the disease was declared.

(2) If it is not established by the competent institution that it is an industrial accident or an occupational disease, the benefits in kind shall be provided in accordance with the provisions of Chapter 1 of the Agreement.

The competent institution shall inform without delay the institution of the place of stay or residence of its decision.

ARTICLE 14

GRANTING OF BENEFITS OF GREAT IMPORTANCE

(1) For the purposes of Article 32 of the Agreement, when the institution of the place of stay or residence provides for the granting of prostheses, large devices or other benefits in kind of great importance, it shall ask the competent institution to transmit its decision on such benefits, using the prescribed form. If, however, these benefits have already been granted because of an emergency, the institution of the place of stay or residence shall notify the competent institution and the acknowledgement of receipt of this notice shall then be considered as retroactive authorization.

(2) Benefits referred to in paragraph 1 shall be provided in accordance with the conditions and manner prescribed by the legislation administered by the institution of the place of stay or residence, unless otherwise stated by the competent institution.

ARTICLE 15

ASSESSMENT OF THE DEGREE OF DISABILITY

For the purposes of Article 33 of the Agreement, the worker and the competent institution to which he was previously affiliated must provide the competent institution dealing with the claim, at the request of the latter and insofar as it is required to process this claim, with information on occupational injuries that occurred under the previous legislation.

ARTICLE 16

DOUBLE EXPOSURE TO SAME RISK

(1) The competent institution that examines a claim filed pursuant to paragraph 1 of Article 34 shall request confirmation from the competent institution of the other Party, using the appropriate form, of the duration of the work periods involving contributory exposure, given the occupational disease diagnosed, and completed under the legislation it administers.

(2) When the competent institution that examines the claim concludes that it cannot, in accordance with the legislation it administers, grant the claim, even taking into account the provisions of paragraph 1 of Article 34 of the Agreement, that institution shall notify the worker or, in case of death, the beneficiaries of its decision indicating the reasons for refusal and the procedures and time limits for legal remedies provided for by law. That institution shall notify the worker or, in case of death, the beneficiaries of the possibility to consent to the transmission, to the competent institution of the other Party, of a copy of the decision and its accompanying documents so that the latter may make its own decision on the claim. If there is consent, that institution shall forward without delay, to the competent institution of the other Party, a copy of the decision and its accompanying documents.

(3) In the case where a legal remedy is lodged against the decision to deny benefits of the competent institution of the first Party, that institution shall be obliged to inform the competent institution of the other Party of the proceedings and of any subsequent final decision made.

MISCELLANEOUS AND FINAL PROVISIONS

ARTICLE 17

REIMBURSEMENT BETWEEN COMPETENT INSTITUTIONS

(1) For the purposes of Article 44 of the Agreement, at the end of each calendar year, when the competent institution of one Party has served benefits in kind or carried out examinations on behalf of and at the expense of the competent institution of the other Party, the competent institution of the first Party shall forward to the competent institution of the other Party a request for reimbursement of the cost of benefits served and fees pertaining to the examinations carried out during that year, indicating the amount owed. The request for reimbursement is accompanied by individual cost statements and an introductory letter of debt.

(2) The amounts owed must be paid during the semester following the date of receipt of the requests for reimbursement, addressed in accordance with the provisions of paragraph 1.

(3) For the purposes of paragraph 2 of Article 44, if the medical examination is carried out for the needs of both competent institutions, there shall be no refund of fees.

ARTICLE 18

PROCEDURES, ATTESTATIONS AND FORMS

The common procedures, model attestations and forms required for the application of the Agreement and this Administrative Arrangement shall be established, by mutual agreement, by the liaison agencies or by the competent institutions of both Parties.

ARTICLE 19

STATISTICAL DATA

The liaison agencies of both Parties shall exchange statistical data, in the form agreed upon and as soon as they are available, concerning payments made to beneficiaries, for the purpose of the application of Chapter 2 of Part III of the Agreement during each calendar year. Such data shall include the number of beneficiaries and the total amount of benefits by category.

ARTICLE 20

ENTRY INTO FORCE AND DURATION

The Administrative Arrangement shall enter into force on the same day as the Agreement and its duration shall be the same as that of the Agreement.

Done at Québec on 19 November 2013, in duplicate, in French and Romanian languages, both texts being equally authentic.

______________________________ ______________________________

FOR THE GOUVERNEMENT FOR THE GOVERNMENT

DU QUÉBEC OF ROMANIA

JEAN-FRANÇOIS LISÉE MARIA LIGOR

O.C. 1164-2015, Sch. 2.