R-9, r. 11.2 - Regulation respecting the implementation of the Agreement on social security between Québec and the Republic of Bulgaria

Schedule Disposition versions

2020-09-01

SCHEDULE 2

(s. 2)

ADMINISTRATIVE ARRANGEMENT FOR THE IMPLEMENTATION OF THE AGREEMENT ON SOCIAL SECURITY BETWEEN QUÉBEC AND THE REPUBLIC OF BULGARIA

THE COMPETENT AUTHORITY OF QUÉBEC

AND

THE COMPETENT AUTHORITY OF THE REPUBLIC OF BULGARIA,

CONSIDERING Article 16 of the Agreement on social security between Québec and the Republic of Bulgaria

HAVE AGREED AS FOLLOWS:

ARTICLE 1

DEFINITIONS

In this Administrative Arrangement,

(a) the term “Agreement” shall mean the Agreement on social security between Québec and the Republic of Bulgaria;

(b) the terms “a person’s habitual place of residence” shall mean, for the Republic of Bulgaria, the place in which the centre of interest of the person concerned is located, on the basis of an overall assessment of all the available information concerning the relevant facts, that may include, as the case may be,

i. the duration and continuity of the presence in the territory;

ii. the person’s situation, including

(1) the nature and specific characteristics of the activities carried on;

(2) family status and parental relationships;

(3) the carrying on of unpaid activities;

(4) the nature of the person’s accommodation, in particular its permanence;

(5) the territory of the Contracting Party in which the person is deemed to reside for tax purposes;

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

ARTICLE 2

LIAISON AGENCIES AND COMPETENT INSTITUTIONS

In accordance with the provisions of paragraph 2 of Article 16 of the Agreement,

(a) as regards Québec, the designated liaison agency shall be the Bureau des ententes de sécurité sociale of Retraite Québec or any other body that the Gouvernement du Québec may subsequently designate;

(b) as regards the Republic of Bulgaria, the designated liaison agencies and competent institutions shall be:

i. the National Social Security Institute as regards the pensions from the State’s social insurance for periods of insurance and age, invalidity due to a general disease and survivor’s pensions derived from the above-mentioned pensions;

ii. the National Revenue Agency for the application of Articles 6 to 11 of the Agreement and Article 3 of this Administrative Arrangement.

ARTICLE 3

CERTIFICATE OF COVERAGE

(1) For the purposes of Articles 7, 8 and 11 of the Agreement, where a person remains subject to the legislation of one Contracting Party while working in the territory of the other Contracting Party, a certificate of coverage is issued:

(a) by the Québec liaison agency, where the person remains subject to the legislation of Québec; and

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

(2) The liaison agency or the competent institution issuing the certificate of coverage shall send a copy of that certificate to the other liaison agency or competent institution referred to in paragraph 1, to the person concerned or, where applicable, to the person’s employer.

(3) For the purposes of paragraph 2 of Article 8 and Article 11 of the Agreement, the extension of the period of detachment beyond 60 months or the derogation to the provisions on coverage must result from a joint agreement between the Québec liaison agency and the competent institution of the Republic of Bulgaria.

ARTICLE 4

BENEFITS

(1) For the purposes of Title III of the Agreement, a claim for a benefit under the Agreement may be filed with the liaison agency or the competent institution of either Contracting Party, or with the competent institution of the Contracting Party whose legislation is applicable, along with the required supporting documents.

(2) Where the claim for a benefit referred to in paragraph 1 is filed with a liaison agency or a competent institution, that agency or institution shall send the claim to the competent institution of the Contracting Party whose legislation is applicable, along with copies that it has certified true to the original of the required supporting documents.

(3) A copy of the claim for a benefit and of the supporting documents shall be kept by the liaison agency or competent institution with which the claim was originally filed. A copy of those documents shall be made available to the competent institution of the other Contracting Party, on request.

(4) A liaison form, on which are indicated the periods of insurance completed, shall accompany the claim and supporting documents referred to in this Article.

(5) If so requested by the liaison agency or by the competent institution of one Contracting Party, the liaison agency or the competent institution of the other Contracting Party shall indicate, on the liaison form, the periods of insurance recognized under the legislation it administers.

(6) As soon as a decision regarding a claim has been made pursuant to the legislation it administers, the competent institution shall notify the claimant and inform the claimant about recourses and deadlines for such recourse prescribed by such legislation; the competent institution shall also inform the liaison agency or the competent institution of the other Contracting Party of the decision using the liaison form.

(7) Where the competent institution of one Contracting Party observes a change in the situation of a beneficiary, in particular as regards civil status and the death, and the change is likely to affect the beneficiary’s right to a benefit under the legislation of the other Contracting Party, it shall inform the competent institution of that other Contracting Party using a form. The form, content and conditions of exchange of the form shall be negotiated between the competent institutions.

MISCELLANEOUS AND FINAL PROVISIONS

ARTICLE 5

REIMBURSEMENT BETWEEN INSTITUTIONS

(1) For the purposes of Article 24 of the Agreement, at the end of each calendar year, where the competent institution of one Contracting Party has had expert appraisals made on behalf and at the expense of the competent institution of the other Contracting Party, the competent institution of the first Contracting Party shall send to the liaison agency of the other Contracting Party a statement of the fees pertaining to the expert appraisals made during the year under consideration, indicating the amount owed.

(2) The amounts owed shall be paid in the semester following the date on which the claims for reimbursement, addressed in accordance with the provisions of paragraph 1, were received.

ARTICLE 6

FORMS

The model of the certificate of coverage and the forms necessary for the application of the Agreement and of this Administrative Arrangement shall be prescribed by common agreement by the liaison agencies or by the competent institutions of both Contracting Parties.

ARTICLE 7

STATISTICAL DATA

The liaison agencies of both Contracting Parties shall exchange, in the form agreed upon, statistical data concerning the payments made to the beneficiaries under Title 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 8

ENTRY INTO FORCE AND TERM

The Administrative Arrangement shall enter into force on the same date as the Agreement and its term is the same as the term of the Agreement.

Done in Québec on 19 September 2019, in two copies, in French and in Bulgarian, both texts being equally authentic.

FOR THE COMPETENT AUTHORITY OF QUÉBEC	FOR THE COMPETENT AUTHORITY OF THE REPUBLIC OF BULGARIA
Nadine Girault	Svetlana Stoycheva-Etropolski
Minister of International Relations and La Francophonie	Ambassador of the Republic of Bulgaria to Canada

O.C. 477-2020, Sch. 2.

Not in force

SCHEDULE 2

(s. 2)

ADMINISTRATIVE ARRANGEMENT FOR THE IMPLEMENTATION OF THE AGREEMENT ON SOCIAL SECURITY BETWEEN QUÉBEC AND THE REPUBLIC OF BULGARIA

THE COMPETENT AUTHORITY OF QUÉBEC

AND

THE COMPETENT AUTHORITY OF THE REPUBLIC OF BULGARIA,

CONSIDERING Article 16 of the Agreement on social security between Québec and the Republic of Bulgaria

HAVE AGREED AS FOLLOWS:

ARTICLE 1

DEFINITIONS

In this Administrative Arrangement,

(a) the term “Agreement” shall mean the Agreement on social security between Québec and the Republic of Bulgaria;

(b) the terms “a person’s habitual place of residence” shall mean, for the Republic of Bulgaria, the place in which the centre of interest of the person concerned is located, on the basis of an overall assessment of all the available information concerning the relevant facts, that may include, as the case may be,

i. the duration and continuity of the presence in the territory;

ii. the person’s situation, including

(1) the nature and specific characteristics of the activities carried on;

(2) family status and parental relationships;

(3) the carrying on of unpaid activities;

(4) the nature of the person’s accommodation, in particular its permanence;

(5) the territory of the Contracting Party in which the person is deemed to reside for tax purposes;

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

ARTICLE 2

LIAISON AGENCIES AND COMPETENT INSTITUTIONS

In accordance with the provisions of paragraph 2 of Article 16 of the Agreement,

(a) as regards Québec, the designated liaison agency shall be the Bureau des ententes de sécurité sociale of Retraite Québec or any other body that the Gouvernement du Québec may subsequently designate;

(b) as regards the Republic of Bulgaria, the designated liaison agencies and competent institutions shall be:

i. the National Social Security Institute as regards the pensions from the State’s social insurance for periods of insurance and age, invalidity due to a general disease and survivor’s pensions derived from the above-mentioned pensions;

ii. the National Revenue Agency for the application of Articles 6 to 11 of the Agreement and Article 3 of this Administrative Arrangement.

ARTICLE 3

CERTIFICATE OF COVERAGE

(1) For the purposes of Articles 7, 8 and 11 of the Agreement, where a person remains subject to the legislation of one Contracting Party while working in the territory of the other Contracting Party, a certificate of coverage is issued:

(a) by the Québec liaison agency, where the person remains subject to the legislation of Québec; and

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

(2) The liaison agency or the competent institution issuing the certificate of coverage shall send a copy of that certificate to the other liaison agency or competent institution referred to in paragraph 1, to the person concerned or, where applicable, to the person’s employer.

(3) For the purposes of paragraph 2 of Article 8 and Article 11 of the Agreement, the extension of the period of detachment beyond 60 months or the derogation to the provisions on coverage must result from a joint agreement between the Québec liaison agency and the competent institution of the Republic of Bulgaria.

ARTICLE 4

BENEFITS

(1) For the purposes of Title III of the Agreement, a claim for a benefit under the Agreement may be filed with the liaison agency or the competent institution of either Contracting Party, or with the competent institution of the Contracting Party whose legislation is applicable, along with the required supporting documents.

(2) Where the claim for a benefit referred to in paragraph 1 is filed with a liaison agency or a competent institution, that agency or institution shall send the claim to the competent institution of the Contracting Party whose legislation is applicable, along with copies that it has certified true to the original of the required supporting documents.

(3) A copy of the claim for a benefit and of the supporting documents shall be kept by the liaison agency or competent institution with which the claim was originally filed. A copy of those documents shall be made available to the competent institution of the other Contracting Party, on request.

(4) A liaison form, on which are indicated the periods of insurance completed, shall accompany the claim and supporting documents referred to in this Article.

(5) If so requested by the liaison agency or by the competent institution of one Contracting Party, the liaison agency or the competent institution of the other Contracting Party shall indicate, on the liaison form, the periods of insurance recognized under the legislation it administers.

(6) As soon as a decision regarding a claim has been made pursuant to the legislation it administers, the competent institution shall notify the claimant and inform the claimant about recourses and deadlines for such recourse prescribed by such legislation; the competent institution shall also inform the liaison agency or the competent institution of the other Contracting Party of the decision using the liaison form.

(7) Where the competent institution of one Contracting Party observes a change in the situation of a beneficiary, in particular as regards civil status and the death, and the change is likely to affect the beneficiary’s right to a benefit under the legislation of the other Contracting Party, it shall inform the competent institution of that other Contracting Party using a form. The form, content and conditions of exchange of the form shall be negotiated between the competent institutions.

MISCELLANEOUS AND FINAL PROVISIONS

ARTICLE 5

REIMBURSEMENT BETWEEN INSTITUTIONS

(1) For the purposes of Article 24 of the Agreement, at the end of each calendar year, where the competent institution of one Contracting Party has had expert appraisals made on behalf and at the expense of the competent institution of the other Contracting Party, the competent institution of the first Contracting Party shall send to the liaison agency of the other Contracting Party a statement of the fees pertaining to the expert appraisals made during the year under consideration, indicating the amount owed.

(2) The amounts owed shall be paid in the semester following the date on which the claims for reimbursement, addressed in accordance with the provisions of paragraph 1, were received.

ARTICLE 6

FORMS

The model of the certificate of coverage and the forms necessary for the application of the Agreement and of this Administrative Arrangement shall be prescribed by common agreement by the liaison agencies or by the competent institutions of both Contracting Parties.

ARTICLE 7

STATISTICAL DATA

The liaison agencies of both Contracting Parties shall exchange, in the form agreed upon, statistical data concerning the payments made to the beneficiaries under Title 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 8

ENTRY INTO FORCE AND TERM

The Administrative Arrangement shall enter into force on the same date as the Agreement and its term is the same as the term of the Agreement.

Done in Québec on 19 September 2019, in two copies, in French and in Bulgarian, both texts being equally authentic.

FOR THE COMPETENT AUTHORITY OF QUÉBEC	FOR THE COMPETENT AUTHORITY OF THE REPUBLIC OF BULGARIA
Nadine Girault	Svetlana Stoycheva-Etropolski
Minister of International Relations and La Francophonie	Ambassador of the Republic of Bulgaria to Canada

O.C. 477-2020, Sch. 2.