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

Updated to 1 December 2017

This document has official status.

chapter 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

Act respecting the Québec Pension Plan

(chapter R-9, s. 215).

Tax Administration Act

(chapter A-6.002, ss. 9 and 96).

Act respecting the Ministère de la Santé et des Services sociaux

(chapter M-19.2, s. 10).

1. The following Acts and the regulations thereunder apply to every person referred to in 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, which Amendment was signed at Québec on 28 April 2016 and is attached as Schedule 1:

(1)  the Hospital Insurance Act (chapter A-28);

(2)  the Health Insurance Act (chapter A-29);

(3)  the Act respecting prescription drug insurance (chapter A-29.01);

(4)  the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5);

(5)  the Act respecting the Québec Pension Plan (chapter R-9);

(6)  the Act respecting health services and social services (chapter S-4.2);

(7)  the Act respecting health services and social services for Cree Native persons (chapter S-5).

O.C. 806-2017, s. 1.

2. Those Acts and regulations apply in the manner stipulated in that Amendment and the First Amendment to the Administrative Arrangement for the Implementation of the Agreement on Social Security Between the Gouvernement du Québec and the Government of the French Republic signed 17 and 30 December 2003 attached as Schedule 2.

O.C. 806-2017, s. 2.

3. (Omitted).

O.C. 806-2017, s. 3.

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 QUÉBEC	FOR THE GOVERNMENT OF THE FRENCH REPUBLIC
CHRISTINE ST-PIERRE,	ANNICK GIRARDIN,
Minister of International Relations and La Francophonie	Minister of the Civil Service

O.C. 806-2017, Sch. 1.

Schedule 2

(s. 2)

FIRST AMENDMENT TO THE ADMINISTRATIVE ARRANGEMENT FOR THE IMPLEMENTATION OF THE AGREEMENT ON SOCIAL SECURITY BETWEEN THE GOUVERNEMENT DU QUÉBEC AND THE GOVERNMENT OF THE FRENCH REPUBLIC SIGNED 17 AND 30 DECEMBER 2003

The Minister of International Relations and La Francophonie of Québec and the Minister of Social Affairs and Health of the French Republic,

DESIROUS to amend the Administrative Arrangement for the implementation of the Agreement on Social Security Between the Gouvernement du Québec and the Government of the French Republic, signed on 17 and 30 December 2003 (hereinafter the “Administrative Arrangement”),

HAVE AGREED TO THE FOLLOWING PROVISIONS:

ARTICLE 1

Subparagraphs (a) and (b) of paragraph 1 of Article 4 of the Administrative Arrangement shall be replaced by the following provisions:

“(a) for Québec,

(i) the persons employed by the Gouvernement du Québec and governed by the Public Service Act;

(ii) employees of the Gouvernement du Québec assigned to the Délégation générale du Québec à Paris (DGQP), its immigration office and the Investissement Québec office as well as any other person mandated to represent the Gouvernement du Québec in France;

(b) for France,

(i) persons in government employment and military service and similar personnel;

(ii) salaried personnel other than the personnel referred to in subparagraph (i) above, working for a French public administration and who, assigned in the territory of Québec, remain subject to the French social security plan.

(iii) diplomatic and consular staff of the Consulate General of France in Québec and in Montréal, the diplomatic staff of the Embassy of France in Ottawa residing and working exclusively in the territory of Québec, officials or contractual expatriate people employed in public industrial and commercial establishment, as well as members of the permanent representation of France to the International Civil Aviation Organization (ICAO).”

ARTICLE 2

In paragraph 2 of Article 5 of the Administrative Arrangement, the words “la Régie des rentes du Québec” shall be replaced by the words “Retraite Québec”.

ARTICLE 3

In the title of Chapter 1 of Title III of the Administrative Arrangement, after the words “old age”, the word “, disability” shall be inserted.

ARTICLE 4

Subject to Article 8 of the First amendment to the Agreement of 17 December 2003, Chapter 2 of Title III of the Administrative Arrangement shall be repealed.

ARTICLE 5

(1) In paragraphs (a) and (b) of Article 19 and paragraph 3 of Article 34 of the Administrative Arrangement, the words “Commission de la santé et de la sécurité du travail” shall be replaced by the words “Commission des normes, de l’équité, de la santé et de la sécurité du travail”.

(2) In paragraph (a) of Article 19 and sub-paragraph (b) of paragraph 1 of Article 20 of the Administrative Arrangement, the initials “CSST” shall be replaced by the initials “CNESST”.

ARTICLE 6

Article 28 of the Administrative Arrangement shall be replaced by the following provisions:

“ARTICLE 28

Family Benefits

For France, the term “family benefits” means the family allowances and the birth or adoption grant of the early childhood benefit program.

ARTICLE 7

Article 29 of the Administrative Arrangement shall be repealed.

ARTICLE 8

Article 30 of the Administrative Arrangement shall be replaced by the following provisions:

“ARTICLE 30

Notice to Competent Institutions

The persons referred to in Article 48 of the Agreement going from France to Québec must so inform their French competent institution by presenting the certificate which is mentioned in Article 3 of this Arrangement.”.

ARTICLE 9

Subparagraphs (a) and (b) of Article 31 of the Administrative Arrangement shall be replaced by the following provisions:

“(a) in Québec,

the Bureau des ententes de sécurité sociale of Retraite Québec, except as regards reimbursements provided for in paragraph 1 of Article 57 of the Agreement and Articles 34 and 35 of the Administrative Arrangement, the Régie de l’assurance maladie du Québec for sickness and maternity or the CNESST for benefits in case of industrial accidents or occupational diseases;

(b) in France,

the Centre des liaisons européennes et internationales de sécurité sociale, except as regards reimbursements provided for in Article 57 of the Agreement and Articles 34 and 35 of the Administrative Arrangement, the Caisse nationale d’assurance maladie des travailleurs salariés (CNAMTS) or the caisse primaire d’assurance maladie (CPAM) it has designated for this purpose.”.

ARTICLE 10

Article 37 of the Administrative Arrangement shall be replaced by the following provisions:

“ARTICLE 37

Forms

1. The form and content of certificates or forms necessary for the application of the Agreement and the Administrative Arrangement are adopted jointly by the competent institutions and the liaison agencies designated by the competent authorities in accordance with Article 49 of the Agreement.

2. Validated certificates or forms shall be the subject of mutual notification by the competent authorities of the Parties. They shall be made available to competent institutions by the liaison agencies.

3. The procedure set forth in paragraph 2 of this Article shall also apply to any modifications agreed upon, by common consent between the competent institutions and the liaison agencies, to the certificates or forms referred to in paragraph 1 of this Article.

4. To facilitate the application of the Agreement and the Administrative Arrangement, the competent institutions and the liaison agencies may agree on ways to exchange data electronically or by other secure means.”.

ARTICLE 11

The Supplementary Administrative Arrangement of 19 and 26 October 2004 providing the model forms necessary for the application of the Agreement and the Administrative Arrangement shall be repealed. Nevertheless, the certificates and forms provided therein shall remain in force. The forms and certificates subsequently adopted shall be the subject of the mutual notification provided for in Article 37 of the Administrative Arrangement as amended by Article 10 of this Amendment.

ARTICLE 12

This First Amendment to the Administrative Arrangement shall enter into force on the same date as the First Amendment to the Agreement of 17 December 2003.

Done at Québec, on 28 April 2016, in duplicate in the French language.

THE MINISTER OF INTERNATIONAL RELATIONS AND LA FRANCOPHONIE OF QUÉBEC	FOR THE MINISTER OF SOCIAL AFFAIRS AND HEALTH OF THE FRENCH REPUBLIC
____________________________	____________________________
CHRISTINE ST-PIERRE	NICOLAS CHIBAEFF
	General Consul of France in Québec

O.C. 806-2017, Sch. 2.

REFERENCES

O.C. 806-2017, 2017 G.O. 2, 2572