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R-9, r. 18
- Regulation respecting implementation of the Agreement on Social Security between the Gouvernement du Québec and the Government of the Republic of Finland
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Updated to 1 September 2012
This document has official status.
chapter
R-9, r. 18
Regulation respecting implementation of the Agreement on Social Security between the Gouvernement du Québec and the Government of the Republic of Finland
HEALT AND SOCIAL SERVICES — SOCIAL SECURITY — QUÉBEC-FINLAND
Act respecting the Québec Pension Plan
(chapter R-9, s. 215)
.
R-9
Tax Administration Act
(chapter A-6.002, ss. 9 and 96)
.
A-6.002
Act respecting the Ministère de l’Emploi et de la Solidarité sociale and the Commission des partenaires du marché du travail
(chapter M-15.001, s. 10)
.
M-15.001
Act respecting the Ministère de la Santé et des Services sociaux
(chapter M-19.2, s. 10)
.
M-19.2
09
September
01
1
2012
1
.
The following Acts and the Regulations made thereunder apply to any person referred to in the Agreement on Social Security between the Gouvernement du Québec and the Government of the Republic of Finland signed on 30 October 1986 and appearing in Schedule I to this Regulation:
(
1
)
the Hospital Insurance Act (chapter A-28);
(
2
)
the Health Insurance Act (chapter A-29);
(
3
)
the Act respecting the Québec Pension Plan (chapter R-9);
(
4
)
the Act respecting health services and social services (chapter S-5).
O.C. 1739-87, s. 1
.
2
.
Those Acts and Regulations apply in the manner prescribed in the Agreement and the consequential Administrative Arrangement appearing in Schedule II to this Regulation.
O.C. 1739-87, s. 2
.
3
.
(Omitted).
O.C. 1739-87, s. 3
;
O.C. 2024-87, s. 1
.
SCHEDULE I
(
s. 1
)
AGREEMENT ON SOCIAL SECURITY BETWEEN QUÉBEC AND FINLAND
The Gouvernement du Québec
and
The Government of the Republic of Finland
Wishing to facilitate the mobility of persons between Québec and the Republic of Finland,
Desirous of assuring their respective nationals of the benefits of coordinating the social security legislation of Québec and of the Republic of Finland,
Have agreed to the following provisions:
TITLE I
GENERAL PROVISIONS
Article 1
In this Agreement, unless the context indicates otherwise:
(
a
)
«competent authority» means, for Québec, the Minister responsible for administering the legislation referred to in Paragraph
a
of Article 2, and for Finland, the Ministry of Social Affairs and Health;
(
b
)
«competent institution» means, for Québec, the department or agency responsible for administering the legislation referred to in Paragraph
a
of Article 2, and for Finland, the institution or authority responsible for administering the legislation referred to in Paragraph
b
of Article 2;
(
c
)
«insurance period» means, for Québec, any year in respect of which contributions have been paid or for which a disability pension has been paid under the Act respecting the Québec Pension Plan, or any other year recognized as equivalent, and for Finland, any period of contribution, insurance or residence, or an equivalent period, making it possible to acquire entitlement to benefits under Finnish legislation;
(
d
)
«benefit or pension» includes any additional benefit, supplement or increase provided by the legislation of each Party as well as any lump sum;
(
e
)
«national» means, for Québec, a Canadian citizen residing in Québec, and for Finland, a citizen of Finland,
and any term not defined in the Agreement has the meaning assigned to it in the applicable legislation.
Article 2
The Agreement applies to the legislation specified hereinafter:
(
a
)
for Québec, legislation respecting the Pension Plan, industrial accidents and occupational diseases, health insurance, hospital insurance and other health services;
(
b
)
for Finland, legislation respecting the Employment Pensions Scheme, including pension plans for self-employed workers and persons employed by the government, the church and communes, as well as the Seamen’s Pension Plan, industrial accident insurance, occupational disease insurance, farm workers accident insurance, the General Hospital and Public Health, the welfare of disabled persons and health insurance, except for mother’s, father’s and parent’s allowances; the Act respecting the employer’s social security contributions is also included.
Article 3
1. The Agreement also applies to any act or regulation amending, supplementing or replacing that legislation.
2. Notwithstanding the foregoing, the Agreement applies to:
(
a
)
an act or a regulation covering a new area of social security, only if the Agreement is changed in that behalf;
(
b
)
an act or a regulation of one Party extending existing plans to new categories of beneficiaries, only if that Party has not given notice of objection in that respect to the other Party within 3 months following the date of the official publication of that instrument.
Article 4
Unless otherwise provided, the Agreement applies to:
(
a
)
every national of each Party;
(
b
)
any refugee as defined in Article 1 of the Convention Relating to the Status of Refugees of July 28, 1951 and the Protocol thereto of January 31, 1967;
(
c
)
any stateless person as defined by Article 1 of the Convention Relating to the Status of Stateless Persons of September 28, 1954;
(
d
)
any other person who is or has been subject to the legislation of either Party.
Article 5
1. Unless otherwise provided in the Agreement, the persons designated in Paragraphs
a
,
b
and
c
of Article 4 and the Canadian citizens designated in Paragraph
d
receive, in the application of the legislation of one Party, the same treatment as the nationals of that Party. Notwithstanding the foregoing, that does not apply to the right of Finnish citizens to be covered by the National Health Insurance Plan when they work abroad.
2. Unless otherwise provided in the Agreement, any benefit acquired under the legislation of one Party, as well as that acquired under the Agreement, may not be reduced, changed, suspended, discontinued or confiscated only by reason of the fact that the beneficiary resides in the territory of the other Party, and such a benefit is payable in the territory of the other Party.
Article 6
1. Subject to Articles 7, 8, 9 and 10, a person is subject only to the legislation of the Party on whose territory he works, except that only a person usually residing in Finland is subject to Finnish legislation in respect of the areas of social security other than work pensions, industrial accident insurance and occupational disease insurance.
2. Where a person subject to the legislation of one Party in respect of employment held in the territory of that Party is nevertheless presumed to reside in the territory of the other Party under the legislation of that Party, no contribution is payable under the legislation of the latter Party in respect of the revenue from that employment.
3. A person who resides in the territory of one Party and is self-employed in the territory of the other Party or in the territory of both Parties, is subject, in respect of such employment, only to the legislation of the first Party, except that, in respect of the Finnish Employment Pensions Scheme and Finnish farm workers accident insurance, he is subject to that legislation only for employment held in Finland.
Article 7
1. A person subject to the legislation of one Party and working for an employer in the territory of that Party at the time he is assigned by that employer to work temporarily in the territory of the other Party continues, in respect of that employment, to be subject to the legislation of the first Party until the expiry of 24 months following the assignment.
2. Notwithstanding the foregoing, if the duration of the employment to be held extends beyond 24 months, the legislation of the first Party remains applicable, provided the competent authorities of both Parties are in agreement.
Article 8
1. A person employed by an international carrier, working in the territory of both Parties as flight or seagoing staff, for an enterprise that has its head office in the territory of one Party and that, on behalf of a third party or its own behalf, transports passengers or goods by air or sea, is subject to the legislation of the latter Party.
2. Notwithstanding the foregoing, if he is employed by a branch or a permanent representative the said enterprise possesses in the territory of one Party other than that where its head office is located, he is subject to the legislation of the Party in whose territory the branch or permanent representative is located.
3. Notwithstanding the preceding 2 paragraphs, if the person works principally in the territory of the Party where he resides, he is subject to the legislation of that Party, even if the enterprise employing him has neither a head office, branch nor permanent representative in the territory.
Article 9
1. A person holding, for one Party, government employment carried on in the territory of the other Party is subject to the legislation of the latter Party only if he is a national of that Party or usually resides in the territory thereof. In the latter case, he may choose to be subject to the legislation of the first Party if he is a national thereof.
2. For the purposes of this Article, a Canadian citizen who does not reside in Québec but who is or has been subject to Québec legislation is deemed to be a Québec national.
Article 10
The competent authorities of both Parties may, in common agreement, derogate from the provisions of Articles 6, 7, 8 or 9 in respect of a person or a category of persons.
TITLE II
PROVISIONS RESPECTING BENEFITS
CHAPTER 1
RETIREMENT BENEFITS, DISABILITY BENEFITS AND SURVIVOR’S BENEFITS
Article 11
1. For Québec, this Chapter applies to all benefits payable under the Act respecting the Québec Pension Plan.
2. For Finland, this Chapter applies to all benefits payable under the Employment Pensions Scheme.
Article 12
1. A person who has been subject to the legislation of either Party, together with his dependants, successors and assigns, receives benefits under Québec legislation if he qualifies under that legislation for entitlement to benefits. The competent institution of Québec determines the amount of the benefit in accordance with the provisions of Québec legislation.
2. If the person is not entitled to benefits under Québec legislation, the competent Québec institution proceeds as follows:
(
a
)
it recognizes a contribution year where the competent institution of Finland attests that a person has been credited for an insurance period of at least 3 contribution months in one year under the Employment Pensions Scheme of Finland, provided the year is included in the contributory period as defined in Québec legislation;
(
b
)
the years recognized under Paragraph
a
are totalized with the insurance periods completed under Québec legislation, provided they do not overlap.
3. Where entitlement to benefits is acquired pursuant to the totalization prescribed by Paragraph 2, the competent Québec institution determines the amount of the benefit payable as follows:
(
a
)
the amount of the part of the benefit related to earnings is calculated in accordance with the provisions of the Québec legislation;
(
b
)
the amount of the flat rate of the benefit is adjusted in proportion to the period for which contributions have been paid under Québec legislation in relation to the contributory period defined in that legislation.
Article 13
1. A person designated in Article 4 is entitled to benefits under the Finnish Employment Pensions Scheme if that person qualifies under Finnish legislation for entitlement to benefits. The competent institution of Finland determines the amount of the benefit, in accordance with the provisions of Finnish legislation.
2. If a person who becomes disabled does not satisfy the condition of residence under the Finnish Employment Pensions Scheme, the insurance periods under the Québec Pension Plan are considered periods of residence in Finland, provided they do not overlap. The same rule applies, as required, to determine survivor’s pensions under the Finnish Employment Pensions Scheme.
CHAPTER 2
INDUSTRIAL ACCIDENTS AND OCCUPATIONAL DISEASES
Article 14
This Chapter applies to all benefits covered in the legislation of either Party respecting industrial accidents and occupational diseases.
Article 15
A beneficiary who is entitled to benefits under the legislation of one Party and who resides or stays in the territory of the other Party is entitled to:
(
a
)
benefits in kind provided on behalf of the competent institution, in Québec, by the Commission de la Santé et de la Sécurité du Travail and in Finland, by the Federation of Accident Insurance Institutions, in accordance with the provisions of the legislation in force in the place of stay or residence; the period during which such benefits are provided is, however, subject to the legislation that applies to the competent institution;
(
b
)
cash benefits paid by the competent institution in accordance with the provisions of the legislation it is applying.
Article 16
If the legislation of one Party provides explicitly or implicitly that industrial accidents previously sustained are taken into consideration in assessing the degree of disability, the competent institution of that Party also takes into consideration industrial accidents sustained when the person was subject to the legislation of the other Party, as if they had been sustained when the person was subject to the legislation it is applying.
Article 17
The competent institution of one Party whose legislation provides that the amount of cash benefits varies according to the number of dependants also takes into account the dependants of the person in question who reside in the territory of the other Party, as if they resided in its territory.
Article 18
1. An institution must reimburse the cost of benefits provided on its behalf by the other institution.
2. The reimbursement referred to in Paragraph 1 is made in accordance with the procedures set out in the Administrative Arrangement.
3. In respect of benefits in kind, both Parties may, in common agreement, provide other methods of reimbursement or waive reimbursement in accordance with the conditions set out in the Administrative Arrangement.
CHAPTER 3
HEALTH BENEFITS
Article 19
1. For Québec, this Chapter applies to all benefits covered in the legislation on health insurance, hospital insurance and other health services.
2. For Finland, this Chapter applies to all benefits covered in the legislation respecting the General Hospital and Public Health and in the Act respecting health insurance, except for mother’s, father’s and parent’s allowances.
Article 20
An insured person, residing in the territory of one Party and leaving that territory to reside in the territory of the other Party, receives, together with his accompanying dependants, the benefits provided by the legislation of the latter Party from the day of arrival.
Article 21
1. An insured person, residing in the territory of one Party and staying in the territory of the other Party to work temporarily therein, receives, together with his accompanying dependants, the benefits in kind provided by the legislation of the latter Party from the day of arrival in the territory of that Party.
2. The eligibility period for benefits referred to in Paragraph 1 is limited to 3 months. Notwithstanding the foregoing, the competent authority of the territory of stay may, on application, grant an extension.
3. The provisions of Paragraph 1 apply in addition to persons on assignment and students registered at an educational institution in the territory of stay.
Article 22
The beneficiaries of old age, retirement, survivor’s, disability, industrial accident and occupational disease pensions under the legislation of one Party who reside in the territory of the other Party are entitled, together with their accompanying dependants, to the benefits provided under the legislation of the latter Party, as if they were entitled to pensions under the legislation of that Party.
Article 23
1. A dependant of an insured person who continues to reside or returns to reside in the territory of one Party while the insured person resides in the territory of the other Party is entitled to benefits under the legislation of the first Party.
2. In the case cited in the first Paragraph, the status of the dependant is established in accordance with the legislation of the territory of residence.
Article 24
1. The competent institution of the territory of residence or stay provides the benefits in kind covered in this Chapter and bears the cost of those benefits.
2. The institution with which the insured person is affiliated provides cash benefits and bears the cost of those benefits.
TITLE III
MISCELLANEOUS PROVISIONS
Article 25
1. The procedures for administering the Agreement are set out in an Administrative Arrangement which must be approved by the competent authority of Finland and the Québec authority designated for that purpose.
2. The liaison agencies of each Party are designated in the Administrative Arrangement.
Article 26
The competent authorities and institutions:
(
a
)
communicate to one another any information necessary for administering the Agreement;
(
b
)
provide assistance free of charge with regard to any matter related to the administration of the Agreement;
(
c
)
forward to one another any information on the steps taken to administer the Agreement or concerning changes made in their respective legislation, insofar as such changes affect the administration of the Agreement;
(
d
)
inform one another of any difficulties encountered in administering the Agreement and undertake to resolve them to the extent possible.
Article 27
1. For the purposes of this Article, the word «information» means any information from which the identity of a natural person or a juridical person can easily be established.
2. Unless disclosure is required under the legislation of one Party, any information communicated by an institution of one Party to an institution of the other Party is confidential and may be used solely for the purposes of administering the Agreement.
3. Access to a file containing information is subject to the legislation of the Party in possession of the file.
Article 28
All cash benefits are payable directly to beneficiaries in the currency of the paying Party, without deductions for administrative charges or any other expense that may be incurred in the payment of those benefits.
Article 29
1. Any waiving or reduction of charges prescribed by the legislation of one Party respecting the issuing of a certificate or document required under that legislation is extended to certificates and documents required under the legislation of the other Party.
2. Any document required for administering the Agreement is exempted from endorsement of authentification by diplomatic or consular authorities and from any similar form of procedure.
Article 30
1.An application, a statement or an appeal that, under the legislation of one Party, should have been submitted within a fixed period to the competent authority or institution of that Party but that was submitted within that period to the competent authority or institution of the other Party is deemed to have been submitted to the authority or institution of the first Party. In that case, the authority or institution of the second Party forwards that application, statement or appeal immediately to the authority or institution of the first Party.
2. An Application for benefits under the legislation of one Party submitted to a liaison agency of either Party is presumed to have been submitted on the same date to the competent institution of the first Party.
3. An application for benefits submitted under the legislation of one Party is presumed to be an application for the corresponding benefits payable under the legislation of the other Party, provided the person in question submits, within 6 months following the submission of an application under the legislation of the first Party, an application for corresponding benefits under the legislation of the latter Party. In that case, the date of receipt of the application is presumed to be the date on which the application was received by the first Party.
4. Notwithstanding the foregoing, where the date of receipt of the application is prior to the date on which the Agreement comes into force, the latter date is deemed to be the date of receipt of the application.
5. For the calculation of an additional amount for a delay in the payment of a pension or other benefits under Finnish legislation, the application submitted in Québec is presumed to have been submitted when it is received, together with the supporting documents required, by the competent Finnish institution.
Article 31
1. The expert medical appraisals required under the legislation of one Party may be produced, at the request of the competent institution, in the territory of the other Party, by the institution of that Party, in accordance with the procedures set out in the Administrative Arrangement.
2. The expert medical appraisals submitted under the provisions prescribed by Paragraph 1 may not be invalidated solely by reason of having been produced in the territory of the other Party.
TITLE IV
TRANSITIONAL AND FINAL PROVISIONS
Article 32
1. The Agreement does not establish entitlement to the payment of benefits for a period prior to the date of its coming into force.
2. Any insurance period completed before the date of coming into force of the Agreement must be taken into consideration in determining entitlement to benefits under the Agreement.
3. Benefits other than death benefits are payable under the Agreement even if they relate to an event that occurred prior to the date of its coming into force.
4. Any benefits that, by reason of nationality or residence, have been refused, reduced or suspended are, on application by the person in question, awarded or restored from the date of coming into force of the Agreement.
5. Benefits awarded before the date of coming into force of the Agreement are revised, on application by the person in question.
6. If an application covered by Paragraphs 4 and 5 of this Article is submitted within one year following the date of coming into force of the Agreement, the entitlements under the Agreement are acquired from that date, despite the provisions of the legislation of one Party respecting the forfeiture or prescription of rights.
7. If an application covered by Paragraphs 4 and 5 of this Article is submitted after the expiry of one year following the coming into force of the Agreement, the rights that have not been subject to forfeiture or prescription are acquired from the date of the application, subject to more favorable provisions of the applicable legislation.
Article 33
1. The competent authorities and institutions of both parties may communicate with one another in their official language.
2. A decision of a tribunal or a notice of a competent institution may be sent directly to a person residing in the territory of the other Party.
Article 34
The Parties agree to meet as required to:
(
a
)
solve the problems their respective agencies may have encountered in administering the Agreement;
(
b
)
consider the steps to be taken to enable every person subject to the legislation to benefit from the Agreement;
(
c
)
explore the possibility of cooperation in other sectors of social security.
Article 35
1. Each Party signatory to the Agreement shall advise the other Party when the internal procedures required for the coming into force of the Agreement have been completed.
2. The Agreement is entered into for an indeterminate period from the date of its coming into force, which is fixed by exchange of letters between the Parties. It may be terminated by one of the Parties by notice in writing to the other Party. The Agreement ends on the 31
st
of December following the date of notification by at least 12 months.
3. In the event of termination, any right acquired by a person under the provisions of the Agreement is maintained and negotiations will be undertaken to decide on the rights in the process of being acquired under the Agreement.
Made at Québec this 30
th
day of October 1986, in duplicate, in French and in Finnish, both texts being equally authentic.
For the Gouvernement
du Québec
GIL RÉMILLARD
For the Government of
the Republic of Finland
MATTI PUHAKKA
O.C. 1739-87, Sch. I
.
SCHEDULE II
(
s. 2
)
ADMINISTRATIVE ARRANGEMENT TO THE AGREEMENT ON SOCIAL SECURITY BETWEEN QUÉBEC AND FINLAND
In accordance with Article 25 of the Agreement on Social Security between Québec and Finland, hereinafter called the «Agreement», the Parties have agreed to the following provisions:
Article 1
Definitions
The terms used in the Administrative Arrangement have the same meaning as in the Agreement.
Article 2
Liaison Agencies
In accordance with the provisions of Paragraph 2 of Article 25 of the Agreement, the liaison agencies designated by each of the Parties are:
(
a
)
for Québec, the Secrétariat de l’administration des Ententes de sécurité sociale;
(
b
)
for Finland, the Social Insurance Institution, in respect of health insurance, the Central Pension Security Institute, in respect of the Employment Pensions Scheme; the Federation of Accident Insurance Institutions, in respect of industrial accident and occupational disease insurance, and the Ministry of Social Affairs and Health, in respect of all other cases.
Article 3
Certificate of Coverage
1. In the cases referred to in Article 7 of the Agreement, a certificate is issued to attest that the person on assignment and, as the case may be, the employer are subject to the legislation of the Party making the assignment.
2. The certificate of coverage is issued
(
a
)
by the liaison agency, where Québec legislation applies;
(
b
)
by the Central Pension Security Institute, where Finnish legislation applies.
3.The agency issuing the certificate of coverage sends a copy of that certificate to the other agency referred to in Paragraph 2, to the person on assignment and to the employer of that person.
Article 4
Right of Option
The right of option referred to in Article 9 of the Agreement must be exercised by giving notice within 6 months following the date of beginning the employment or, if the person employed already holds the employment on the date of coming into force of the Agreement, within 6 months of that date.
Article 5
Submission of Application for Benefits
An application for benefits under the Agreement may be submitted to the liaison agency of either Party or to the competent institution of the Party whose legislation is applied.
Article 6
Processing of Applications
1. The liaison agency of one Party that receives an application for benefits under the legislation of the other Party indicates thereon the date of receipt of the application and forwards it immediately to the liaison agency of the other Party.
2. To the extent that the legislation it is applying allows, the liaison agency of one Party forwards, with the application, any documentation it has in its possession that may be required by the competent institution of the other Party to establish an applicant’s entitlement to benefits.
3. Personal information regarding an individual contained in the application is duly certified by the liaison agency which confirms that the supporting documents corroborate that information; forwarding the application thus certified exempts the liaison agency from having to forward supporting documents. The liaison agencies of the Parties, with the assent of their respective competent authorities, agree on the kind of information covered by this Paragraph.
4. In addition to the application and the documents referred to in Paragraphs 1 and 2 of this Article, the liaison agency forwards a liaison form to the liaison agency of the other Party.
5. Where one Party so requires, the liaison agency of the other Party indicates the insurance periods on the liaison form.
6. Each competent institution thereafter determines the applicant’s eligibility and informs the other institution, through the liaison agencies, of the decision made.
Article 7
Benefits of the Institution of One Party in the Territory of the Other Party
1. A Person referred to in Article 15 of the Agreement, who, after having become eligible to receive benefits under the legislation of one Party, stays in or transfers his residence to the territory of the other Party, is bound to submit to the institution of the place of stay or residence an attestation certifying that he is authorized to maintain entitlement to his benefits in kind.
2. The attestation referred to in the preceding Paragraph is issued by the competent institution. Where it could not be issued before departure, the attestation may be issued thereafter and on application by the person in question or the institution of the place of stay or residence.
3. Where benefits become payable under the legislation of one Party on behalf of a person referred to in Article 15 of the Agreement who stays or resides in the territory of the other Party, the institution of the latter Party institutes an administrative review as soon as possible and, as required, medical verification as if it were dealing with its own insured person. The report establishing the result of the administrative review and, as the case may be, the report of the verifying physician, which indicates in particular the probable duration of work disability, are forwarded immediately by the institution of the place of stay or residence to the competent institution, for decision.
4. Pending the decision referred to in the preceding Paragraph by the competent institution, the institution of the place of stay or residence may provide benefits in kind, borne by the competent institution, if it is of the opinion that the application for benefits appears well founded.
5. The institution of the place of stay or residence gives the competent institution prior notice, by a means of rapid communication and through the liaison agency, of any decision regarding the awarding of benefits in kind of great importance or of an unusual nature. The competent institution has 30 days to give notice, as the case may be, of its objection with reasons; the institution of the place of stay or residence provides the benefits in kind if it has not received objection at the expiry of that period. If such benefits in kind must be provided urgently, the institution of the place of stay or residence so informs the competent institution immediately.
6. A person is bound to inform the institution of the place of stay or residence of any change in his situation likely to alter his entitlement to benefits in kind, in particular any transfer of residence or place of stay. The competent institution in addition informs the institution of the place of stay or residence of the cessation of affiliation or the termination of entitlement of the person in question to benefits in kind. The institution of the place of stay or residence may at any time request that the competent institution provide it with any information regarding the affiliation or the entitlement of any person to benefits in kind.
Article 8
Health Benefits in the Territory of Québec
1. To receive health benefits in the territory of Québec, a person referred to in Article 20 to 23 of the Agreement, together with each accompanying dependant, must register with the Régie de l’assurance maladie du Québec using the registration form provided for that purpose.
2. When submitting his registration and that of each of his accompanying dependants, a person must also submit:
(
a
)
an attestation issued by the Social Insurance Institution of Finland certifying his entitlement to health benefits and a certificate of acceptance for work issued by the Ministère des Communautés culturelles et de l’Immigration du Québec, if he is a person on assignment referred to in Paragraph 1 of Article 21;
(
b
)
a certificate of coverage issued by the Central Pension Security Institute of Finland and a certificate of acceptance for work issued by the Ministère des Communautés culturelles et de l’Immigration du Québec, if he is a person on assignment referred to in Paragraph 3 of Article 21;
(
c
)
an attestation issued by the Social Insurance Institution of Finland certifying his entitlement to health benefits and a certificate of acceptance for study issued by the Ministère des Communautés culturelles et de l’Immigration du Québec and an attestation of his registration as a full-time student at a collegiate or university educational institution recognized by the department responsible for higher education in Québec, if he is a student referred to in Paragraph 3 of Article 21 of the Agreement.
Article 9
Benefits in the Territory of Finland
1. To receive health benefits in the territory of Finland, a person referred to in Articles 20, 22 and 23 of the Agreement, together with each of his accompanying dependants, must register with the Social Insurance Institution of Finland.
2. To be eligible for health benefits in the territory of Finland, a person referred to in Article 21 of the Agreement must submit to the Social Insurance Institution of Finland a certificate issued by the competent Québec institution attesting his entitlement to health benefits, and a certificate of acceptance for work or a certificate of registration as a student. Persons on assignment referred to in Paragraph 3 of Article 21 of the Agreement need submit only the certificate referred to in Article 3 of this Arrangement to the Social Insurance Institution.
Article 10
Validity of Attestation
Any attestation certifying entitlement to health benefits is valid for not more than 2 years from the date of issue. The period of validity is specified in cases where it is less than 2 years. An attestation may be renewed.
Article 11
Expert Medical Appraisals
1. Where an applicant for or a beneficiary of benefits paid by one Party resides or stays in the territory of the other Party, the competent institution may, at any time, through the liaison agency of the first Party, request that the liaison agency of the other Party have the expert appraisals it may require made.
2. The forwarding of medical or other information already in the possession of institutions is an integral part of administrative assistance and is carried out free of charge. Notwithstanding the foregoing, the charges consequent upon medical examinations or other additional expert appraisals are borne by the competent institution requiring those examinations.
Article 12
Reimbursement between Institutions
1. The liaison agency of the Party that has provided benefits or had expert medical or other appraisals done on behalf of or chargeable to the institution of the other Party forwards to the liaison agency of the other Party a statement of benefits awarded or fees related to expert appraisals made during the fiscal period in question, indicating the amount payable. The statement is accompanied by supporting documents.
2. The institution on whose behalf or at whose charge benefits have been provided or expert appraisals made reimburses the amount payable to the institution that provided the benefits or had the expert appraisals made, as soon as possible and not later than 3 months following the date on which the statement referred to in Paragraph 1 is forwarded to it.
Article 13
Change in Situation of a Beneficiary
Where the institution of one Party ascertains, in the situation of a beneficiary, a change likely to affect his entitlement to benefits under the legislation of the other Party, it so informs the institution of that Party.
Article 14
Forms
Any form or other document required to implement the procedures set out in the Administrative Arrangement is established in common agreement by the liaison agencies.
Article 15
Statistics
The liaison agencies of the 2 Parties exchange statistics, in the form agreed to, regarding payments made to beneficiaries each calendar year under the Agreement.
Article 16
Coming into Force and Termination
The Administrative Arrangement comes into force on the same date as the Agreement. Termination of the Agreement has the effect of terminating the Administrative Arrangement.
Made at Québec on October 30, 1986, in duplicate, in French and in Finnish, both texts being equally authentic.
For Québec
AUBERT OUELLET
For Finland
HEIMER SUNBERG
O.C. 1739-87, Sch. II
.
REFERENCES
O.C. 1739-87, 1987 G.O. 2, 4066
O.C. 2024-87, 1988 G.O. 2, 54
S.Q. 2010, c. 31, s. 91
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