r-9, r. 36.1 - Regulation respecting the implementation of the Agreement on Social Security between the Gouvernement du Québec and the Government of the Republic of Serbia

Updated to 11 August 2021

This document has official status.

not in force

chapter R-9, r. 36.1

Regulation respecting the implementation of the Agreement on Social Security between the Gouvernement du Québec and the Government of the Republic of Serbia

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).

Act respecting the Québec Pension Plan

(chapter R-9, s. 215).

1. The following Acts and regulations thereunder shall apply to every person referred to in the Agreement on Social Security between the Gouvernement du Québec and the Government of the Republic of Serbia, signed in Québec and in Ottawa on 19 June 2020 and appearing in Schedule 1:

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

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

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

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

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

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

O.C. 1113-2021, s. 1.

2. Those Acts and regulations shall apply in the manner provided for in the Agreement, the Administrative Arrangement and the Protocol for the application of the Agreement appearing in Schedules 2 and 3, respectively, signed in Québec and in Ottawa on 19 June 2020.

O.C. 1113-2021, s. 2.

3. (Omitted).

O.C. 1113-2021, s. 3.

SCHEDULE 1

(s. 1)

AGREEMENT ON SOCIAL SECURITY BETWEEN THE GOUVERNEMENT DU QUÉBEC AND THE GOVERNMENT OF THE REPUBLIC OF SERBIA

THE GOUVERNEMENT DU QUÉBEC

AND

THE GOVERNMENT OF THE REPUBLIC OF SERBIA

(hereinafter referred to as “the Parties”)

HAVING RESOLVED to coordinate their social security legislations;

HAVE AGREED AS FOLLOWS:

TITLE I

GENERAL PROVISIONS

ARTICLE 1

Definitions

(1) For the purposes of the Agreement, unless the context indicates otherwise,

(1) “legislation” means the existing and future Acts and regulations concerning the social security branches and plans referred to in Article 2;

(2) “competent authority” means

— as regards Québec, the Minister responsible for the administration of the legislation referred to in Article 2;

— as regards the Republic of Serbia, the Ministries responsible for the legislation referred to in Article 2;

(3) “competent institutions” means

— as regards Québec, the department or body responsible for the application of the legislation referred to in Article 2;

— as regards the Republic of Serbia, the competent institution for the application of the legislation referred to in Article 2;

(4) “insurance period” means

— as regards Québec, any year for which contributions have been paid or a disability pension has been paid under the Act respecting the Québec Pension Plan or any other year considered equivalent;

— as regards the Republic of Serbia, the period for which contributions have been paid or an equivalent period and the period recognized as such under the legislation of the Republic of Serbia;

(5) “benefit” means any cash benefit or benefit in kind provided for in the legislation of the Parties;

(6) “benefit in kind” means medical protection, care and benefits other than cash benefits;

(7) “cash benefit” means a pension, an allowance, an indemnity, a lump sum or another cash benefit, including any additional benefit, supplement or increase;

(8) “reside” means to ordinarily live in the territory of one Party with the intention to establish or maintain one’s domicile therein, while being legally authorized to do so;

(9) “stay” means to be temporarily in the territory of one Party without intention of residing therein;

(10) “occupational injury” means an industrial accident or occupational disease, including relapse;

(11) “national” means

— for Québec, a Canadian citizen who is or has been subject to the legislation of Québec or has acquired rights under that legislation;

— for the Republic of Serbia, a national of the Republic of Serbia.

(2) A term not defined in this Agreement shall have the meaning given to it in the applicable legislation.

ARTICLE 2

Material scope

(1) The Agreement shall apply:

(1) to the legislation of Québec with respect to:

(1.1) the Québec Pension Plan;

(1.2) occupational injuries;

(1.3) the health insurance, the hospital insurance and other health services.

(2) to the legislation of the Republic of Serbia with respect to:

(2.1) old age and disability insurance;

(2.2) industrial accidents and occupational diseases;

(2.3) health insurance and medical protection.

(2) The Agreement shall also apply to any statutory or regulatory act which amends, supplements or supersedes the legislation referred to in paragraph 1.

(3) The Agreement shall also apply to a statutory or regulatory act of one Party that extends the existing plans to new categories of beneficiaries or to new benefits. The Party that carries out such amendment has three months as of the official publication of the legislation to notify the other Party that the Agreement does not apply thereto.

(4) The Agreement shall not apply to a statutory or regulatory act covering a new social security branch unless the Agreement is amended to that effect.

ARTICLE 3

Personal scope

Unless otherwise provided, the Agreement shall apply to any person who is or has been subject to the legislation of one Party or who has acquired rights under that legislation.

ARTICLE 4

Equality of treatment

Unless otherwise provided in the Agreement, the persons referred to in Article 3 shall receive, in the application of the legislation of one Party, the same treatment as the nationals of that Party.

ARTICLE 5

Export of benefits

(1) Unless otherwise provided by the Agreement, no cash benefit acquired under the legislation of one Party, with or without the application of the Agreement, may be reduced, modified, suspended, discontinued or confiscated by reason only that the beneficiary resides in the territory of the other Party.

(2) With respect to Québec:

cash benefits granted under the Agreement to a person who is or who has been subject to the legislation of both Parties, or to a person who derives rights from that person, shall also be paid when that person, or a person who derives rights from that person, resides in the territory of a third State.

(3) With respect to the Republic of Serbia:

(1) cash benefits granted under the Agreement to a person who is or who has been subject to the legislation of both Parties, or to a person who derives rights from that person, shall also be paid when that person, or a person who derives rights from such a person, resides in the territory of a third State, provided that the Republic of Serbia has entered into a social security agreement with that third State;

(2) paragraph 1 shall not apply to the amount of the difference between the minimum pension and the pension acquired if the amount of the pension acquired is less than the amount of the minimum pension, to the cash allowance for the assistance and care of persons and to the cash allowance for bodily impairment.

TITLE II

PROVISIONS CONCERNING THE APPLICABLE LEGISLATION

ARTICLE 6

General rule

Unless otherwise provided in the Agreement and subject to Articles 7, 8, 9, 10 and 11, an employed person who works in the territory of one Party shall, in respect of that employment, be subject only to the legislation of that Party.

ARTICLE 7

Self-employed person

A self-employed person who resides in the territory of one Party, subject to the legislation of the Party and works temporarily for his or her own account in the territory of the other Party, or in the territories of both Parties, that person shall, in respect of that work, be subject only to the legislation of the first Party. This provision may be maintained for a period of up to 24 months and can be extended for an additional period of 24 months with the consent of the competent institutions of Québec and the competent authority of the Republic of Serbia.

ARTICLE 8

Detached person

(1) A person subject to the legislation of one Party and temporarily assigned, for a period not exceeding 36 months, by his or her employer to the territory of the other Party shall be subject, in respect of that employment, only to the legislation of the first Party.

(2) Notwithstanding the foregoing, if the duration of employment extends beyond 36 months, the legislation of the first Party shall remain applicable for an additional period of 24 months with the consent of the competent institutions of Québec and the competent authority of the Republic of Serbia.

ARTICLE 9

Travelling personnel employed by an international carrier

Persons working in the territory of both Parties as travelling personnel for an international carrier which has its head office in the territory of one Party and which, on behalf of others or on its own account, transports by air or by sea passengers or goods, shall, with respect to such work, be subject only to the legislation of the Party in whose territory the head office is located.

Notwithstanding the foregoing, persons employed in the territory of one Party by a branch or permanent agency of that undertaking shall, with respect to such work, be subject only to the legislation of the Party in whose territory the branch or permanent agency is located.

ARTICLE 10

Person in government service or similar employment

(1) A person in government service or similar employment for one of the Parties and assigned to a post in the territory of the other Party shall be subject, with respect to that employment, only to the legislation of the first Party.

(2) A person residing in the territory of one Party and being employed in that territory for the other Party shall, with respect to that employment, be subject only to the legislation of the Party in whose territory they reside.

ARTICLE 11

Derogation from the provisions on coverage

The competent authorities of both Parties may, by mutual consent, derogate from the provisions of Articles 6, 7, 8, 9 and 10 with respect to any person or categories of persons.

TITLE III

PROVISIONS CONCERNING BENEFITS

CHAPTER 1

RETIREMENT BENEFITS, DISABILITY BENEFITS AND SURVIVOR’S BENEFITS

ARTICLE 12

Scope

This Chapter shall apply to all benefits covered by the Act respecting the Québec Pension Plan and the legislation of the Republic of Serbia with respect to old age and disability insurance.

ARTICLE 13

Principle of totalization

(1) Where a person has completed insurance periods under the legislation of the Parties and where the person is not eligible for benefits solely under insurance periods completed under the legislation of one Party, the competent institution of that Party shall totalize, to the extent necessary to establish entitlement to benefits under the legislation it is applying, the insurance periods completed under its legislation and the insurance periods under the legislation of the other Party, provided that the overlapping periods are counted only once.

(2) When paragraph 1 is applied, the increase of the insurance period provided for in the legislation of one Party will only be taken into account by the competent institution of that Party.

ARTICLE 14

Benefits under the legislation of Québec

(1) If persons who have been subject to the legislation of the Parties meet the requirements for entitlement to benefits, for themselves or for their dependants, survivors or other rightful claimants under the legislation of Québec without having recourse to the totalization referred to in Article 13, the competent institution of Québec shall determine the amount of benefits in accordance with the legislation it applies.

(2) If the persons referred to in paragraph 1 do not meet the conditions required for entitlement to benefits without the application of totalization, the competent institution of Québec shall proceed in the following manner:

(1) it shall recognize a contribution year where the competent institution of the Republic of Serbia attests that a person has accomplished an insurance period of at least three months in a calendar year under the legislation of the Republic of Serbia, provided that year is included in the contributory period as defined in the legislation of Québec;

(2) it shall totalize the years recognized under subparagraph 1 with periods of insurance completed under the legislation of Québec, in accordance with Article 13.

(3) Where entitlement to benefits is acquired pursuant to the totalization referred to in paragraph 2, the competent institution of Québec shall determine the amount of the benefits payable by adding the amounts calculated in accordance with subparagraphs 1 and 2 below:

(1) the amount of the part of the benefit related to earnings is calculated in accordance with the provisions of the legislation of Québec;

(2) the amount of the flat-rate portion of the benefit payable under this Agreement is determined by multiplying the amount of the flat-rate benefit determined under the provisions of the Québec Pension Plan by the fraction that represents the ratio between the periods of base contributions to the Québec Pension Plan and the base contributory period as defined in the legislation relating to that Plan.

ARTICLE 15

Benefits under the legislation of the Republic of Serbia

(1) If a person who has been subject to the legislation of the Parties meets the conditions required for entitlement to benefits under the legislation of the Republic of Serbia without the application of the totalizing provisions of Article 13, the competent institution of the Republic of Serbia shall determine the amount of the benefit in accordance with the provisions of the legislation it applies.

(2) If the person referred to in paragraph 1 does not meet the conditions required for entitlement to benefits without the application of totalization, the competent institution of the Republic of Serbia shall:

(1) recognize 12 months of insurance period according to the legislation of the Republic of Serbia for each year of insurance confirmed by the competent institution of Québec;

(2) if entitlement to benefits is not acquired notwithstanding the application of the preceding subparagraph, recognize one month of insurance period under the legislation of the Republic of Serbia where that month is considered to be a month of residence within the meaning of the Old Age Security Act that applies in the territory of Québec, provided that the month does not overlap a period of insurance completed under the legislation of Québec;

(3) totalize the periods of insurance completed under the legislation of the Republic of Serbia and the periods of insurance recognized under subparagraphs 1 and 2, in accordance with Article 13.

(3) Where the totalization prescribed in paragraph 2 entitles persons to benefits, the competent institution of the Republic of Serbia shall determine the amount of the benefit payable as follows:

(1) it calculates the theoretical amount of the benefit that would be paid if all the insurance periods, recognized and completed under the legislation of Québec and the legislation of the Republic of Serbia were completed exclusively under the legislation of the Republic of Serbia and

(2) it determines, on the basis of that theoretical amount, the actual amount of the pension payable, in proportion with the ratio between the insurance periods completed under the legislation of the Republic of Serbia and all the insurance periods completed under the legislation of Québec and the legislation of the Republic of Serbia.

ARTICLE 16

Insurance periods completed under the legislation of a third State

If a person is not entitled to a benefit after the totalization provided for in Article 14 or Article 15, insurance periods completed under the legislation of a third State with which each of the Parties has entered into an agreement on social security containing provisions related to the totalization of insurance periods shall be taken into account to establish entitlement to benefits, according to the terms provided for in that Title.

CHAPTER 2

BENEFITS IN CASE OF OCCUPATIONAL INJURY

ARTICLE 17

Scope

This Chapter shall apply to all benefits covered by the legislation of each Party respecting occupational injuries.

ARTICLE 18

Person subject to the legislation of one Party and staying or residing in the territory of the other Party

A person who, owing to an occupational injury, is entitled to a benefit under the legislation of one Party, shall benefit from that benefit when staying or residing in the territory of the other Party.

ARTICLE 19

Relapse

(1) A person whose occupational injury has been recognized by the competent institution of one Party and who suffers a relapse of the occupational injury while staying or residing in the territory of the other Party, shall be entitled, in that territory, to benefits arising from that relapse.

(2) Entitlement to benefits is determined by taking into account the following situations:

(1) if the person has performed, under the legislation of the Party in the territory of which the person is staying or residing, work that is likely to cause the relapse, the competent institution of that Party shall adjudicate on the relapse, according to the legislation it applies. In such case:

(1.1) the competent institution of the other Party shall retain the burden, where applicable, of the benefits payable under its own legislation as if there had been no relapse;

(1.2) the competent institution of the place of stay or residence shall bear the cost of the additional benefits corresponding to the relapse. In the case of cash benefits, the amount of those additional benefits shall be determined by the legislation of the Party in whose territory the person is staying or residing, as if the initial occupational injury had occurred in its own territory. That amount is equal to the difference between the amount of the benefit payable after the relapse and that which would have been due before the relapse. The benefits in kind for the relapse shall be provided and paid by the competent institution of the place of stay or residence;

(2) if the person has not performed, under the legislation of the Party in the territory of which the person is staying or residing, work that is likely to cause the relapse, benefits payable as a result of the relapse shall be provided by the competent institution of the other Party according to the legislation it applies.

(3) The term “relapse” includes recurrence and worsening.

ARTICLE 20

Provision of benefits

In the cases provided for in Articles 18 and 19:

(1) benefits in kind shall be provided, on behalf and at the expense of the competent institution, by the institution of the place of stay or residence of the person, in accordance with the legislation the latter applies as concerns the scope and terms and conditions of the provision of the benefits. The competent institution shall set forth the duration of the authorization and shall also decide on any request for an extension of benefits;

(2) cash benefits shall be provided directly to the person by the competent institution, in accordance with the legislation it applies.

ARTICLE 21

Granting of benefits of great importance

In the cases provided for in Articles 18 and 19, the granting of prostheses, large devices and other benefits in kind of great importance shall be subject, except in emergencies, to the prior authorization of the competent institution.

ARTICLE 22

Assessment of permanent physical or mental impairment under the legislation of Québec

To assess the percentage of permanent physical or mental impairment resulting from an occupational injury with respect to the legislation of Québec, permanent physical or mental impairment resulting from an occupational injury that occurred previously under the legislation of the Republic of Serbia shall be taken into consideration as if it had occurred under the legislation of Québec.

ARTICLE 23

Assessment of fitness for employment and bodily injury under the legislation of the Republic of Serbia

To assess fitness for employment or bodily injury resulting from an occupational injury with respect to the legislation of the Republic of Serbia, occupational injuries that occurred previously under the legislation of Québec shall be taken into consideration as if they had occurred under the legislation of the Republic of Serbia.

ARTICLE 24

Double exposure to same risk

(1) When a person has performed, under the legislation of both Parties, work with exposure to the same risk and likely to cause an occupational disease, the rights of the person or, in case of death, those of the beneficiaries, shall be examined exclusively with regard to the legislation of the Party in whose territory the person resides or, if the person lives outside the territory of both Parties, with regard to the legislation of the last Party in whose territory the person has resided. The competent institution of that Party shall take into account the following provisions:

(1) where, in that legislation, the granting of benefits is subject to the condition that such work has been performed for a certain period, the periods accomplished under the legislation of the other Party in the exercise of the work shall, when necessary, be taken into account. These periods must first be confirmed by the competent institution of the latter Party;

(2) when, in that legislation, the granting of benefits is subject to the condition that the disease has been diagnosed for the first time in its territory, the condition shall be deemed satisfied when the disease has been diagnosed for the first time in the territory of the other Party;

(3) where, in that legislation, the granting of benefits is subject to the condition that the disease has been diagnosed within a specified period after the ending of the last work with exposure to the same risk and likely to cause an occupational disease, such work, performed under the legislation of the other Party, shall, when necessary, be taken into account as if it had been performed under the legislation it applies.

(2) The competent institution having accepted the claim for benefits shall:

(1) pay the cash benefits and ensure the provision of benefits in kind, according to the legislation it applies;

(2) determine the sharing of the costs of the benefits in proportion to the duration of the work periods referred to in paragraph 1 done under the legislation of each Party, in relation to the total duration of those periods accomplished under the legislation of both Parties.

(3) If the claim for benefits cannot be accepted under the legislation applied by the competent institution of the Party referred to in paragraph 1, the latter shall notify the person, or in case of death the beneficiaries, and the competent institution of the other Party in order for it to determine eligibility, under the legislation it applies, and taking into account, where applicable, subparagraphs 2 and 3 of paragraph 1.

ARTICLE 25

Taking into account of dependants

If one Party’s legislation provides that the amount of cash benefits varies with the number of dependants, the competent institution of that Party shall also take into account dependants who reside in the territory of the other Party, provided that the criterion of residence is not essential, under the applicable legislation, for the determination of the status of dependant.

CHAPTER 3

HEALTH BENEFITS

ARTICLE 26

Scope

(1) This Chapter shall apply to all benefits covered by the legislation of Québec respecting health insurance, hospital insurance and other health services.

(2) This Chapter shall also apply to all benefits covered by the legislation of the Republic of Serbia respecting health insurance and medical protection.

ARTICLE 27

Persons covered

(1) This Chapter shall apply to persons insured under the legislation of the Parties.

(2) For the purposes of this Chapter, an “insured person” is

— with respect to Québec, a person who, immediately before arrival in the Republic of Serbia, was “a person who resided in Québec” within the meaning of the Health Insurance Act of Québec;

— with respect to the Republic of Serbia, the insured person under the legislation provided for in Article 2.

(3) The competent institution shall determine the status of spouse and dependants according to the legislation it applies.

ARTICLE 28

Entitlement to benefits in kind

(1) For entitlement, maintenance or recovery of rights to benefits in kind under the legislation of one Party, insurance periods completed under the legislation of the other Party shall be treated as insurance periods completed under the legislation of the first Party.

(2) With respect to Québec, for the application of the preceding paragraph and paragraph 4 of Article 44, “insurance periods” means periods of residence completed under the legislation of Québec.

ARTICLE 29

Application of legislation

(1) The insured person of one Party, other than a person referred to in Articles 7 to 11, who stays in the territory of the other Party to work, shall receive benefits in kind on the conditions set forth by the legislation that applies in the territory of the latter Party and, given the provisions of Article 28, during the entire work period in that territory.

(2) An insured person who leaves the territory of one Party to reside in the territory of the other Party shall receive benefits in kind provided by the legislation that applies in the territory of the second Party, considering the provisions of Article 28, as of the day of arrival in that territory, subject to the other conditions set forth by that legislation.

(3) Paragraphs 1 and 2 shall apply to the spouse and dependants accompanying or joining the insured person, insofar as they have acquired, before their departure, the entitlement to benefits in the territory of the Party they are leaving.

ARTICLE 30

Person referred to in Article 7, 8 or 11

An insured person referred to in Article 7, 8 or 11, who is subject to the legislation of one Party while staying in the territory of the other Party to work, shall receive, as well as the spouse and dependants accompanying the insured person, benefits in kind provided on behalf of the competent institution by the institution of the place of stay, according to the legislation that the latter applies, during the work period in that territory.

ARTICLE 31

Stay for studies

(1) A person insured under the legislation of one Party and staying in the territory of the other Party to study shall receive, if not entitled to benefits in the territory of stay, benefits which are provided to that person, on behalf of the competent institution by the institution of the place of stay, according to the legislation the latter applies, during the study period in that territory.

(2) For the purposes of paragraph 1, studying means:

— with respect to Québec, to be enrolled full-time in a program of studies leading to a diploma given by a collegiate or university level educational institution recognized by the responsible Québec department;

— with respect to the Republic of Serbia, to pursue studies according to the legislation on higher education.

(3) Paragraph 1 shall apply by analogy to a person completing a training period recognized as part of a program of studies in a college or university level educational institution, higher education or university or post-graduate research and who cannot receive benefits under Article 29 or 30.

(4) When they have a work contract with an employer established in Québec or in the Republic of Serbia, the persons referred to in paragraph 1 or 3 shall be covered by Article 6, unless they are on assignment under Article 8. They shall receive, as well as their spouse and dependants accompanying them, benefits in kind under the conditions set out in Article 29 or 30 respectively.

ARTICLE 32

Burden of benefits

(1) The institution providing the benefits referred to in Article 29 shall bear the cost thereof.

(2) The cost of the benefits provided in accordance with Articles 30 and 31 shall be borne by the competent institution.

ARTICLE 33

Protocol

The competent authorities may waive, in a separate protocol, the reimbursement of the costs related to the benefits referred to in this Chapter.

TITLE IV

MISCELLANEOUS PROVISIONS

ARTICLE 34

Administrative arrangement

(1) An administrative arrangement, that must be agreed to by the competent authorities of the Parties, shall set out the terms and conditions of the Agreement, including the conditions for the reimbursement of the costs referred to in Chapters 2 and 3 of Title III and paragraph 1 of Article 38.

(2) The liaison agencies of the Parties shall be designated in the Administrative Arrangement.

ARTICLE 35

Claim for benefits

(1) To receive benefits under the Agreement, a person must submit a claim in accordance with the procedures set out in the Administrative Arrangement.

(2) For the purposes of Chapter 1 of Title III, a claim for benefits submitted after the entry into force of the Agreement under the legislation of one Party shall be deemed to be an application for corresponding benefits under the legislation of the other Party in the following cases:

(1) if the person indicates the intention that the claim be considered a claim under the legislation of the other Party;

(2) if the person indicates, at the time of the claim, that insurance periods have been completed under the legislation of the other Party.

The date on which such a claim is received is also deemed to be the date of its receipt under the legislation of the other Party.

(3) Notwithstanding paragraph 2, a person may request that the claim for benefits under the legislation of the other Party be deferred.

ARTICLE 36

Payment of benefits

All cash benefits provided for in the Agreement are payable by the competent institutions of one Party directly to beneficiaries residing in the territory of the other Party in any freely convertible currency, without any deduction for administrative expenses or any other expense that may be incurred in the payment of those benefits.

ARTICLE 37

Filing deadline

Recourse or other writing that must be filed in accordance with the legislation of one Party within a prescribed period and that is filed within that period to the authority or institution of the other Party shall be deemed to comply with the filing deadline in accordance with the legislation of the first Party. In that case, the authority or institution of the Party having received the recourse or writing shall be required to send it immediately to the corresponding authority or institution of the other Party.

ARTICLE 38

Medical examinations or expert appraisals

(1) Where the competent institution of one Party requires it, the competent institution of the other Party shall take the measures necessary to carry out the medical examinations or required expert appraisals concerning a person who resides or stays in the territory of the second Party.

(2) If the medical examination or expert appraisal is carried out only for the competent institution that requests it, that institution shall reimburse the costs of the examination or appraisal to the competent institution of the other Party. If, however, the medical examination or expert appraisal is required by both competent institutions, there shall be no reimbursement of costs.

(3) The transmission of medical or expert appraisal reports already in the possession of the competent institutions shall constitute an integral part of mutual administrative assistance and shall be performed without charge.

ARTICLE 39

Fees and exemption from authentication

(1) Any exemption from or reduction of fees provided for in the legislation of one Party with respect to the issuing of a certificate or document required for the application of that legislation shall be extended to the certificates and documents required by the other Party.

(2) Any document required for the application of the Agreement shall be exempt from authentication or from any other similar formality.

ARTICLE 40

Protection of personal information

(1) Any information from which the identity of a natural person can easily be established is personal information. Personal information is confidential.

(2) The agencies of both Parties may communicate to one another any personal information necessary for the application of the Agreement.

(3) Personal information communicated to an agency of one Party may be used solely for the application of the Agreement.

A Party may, however, use such information for other purposes with the consent of the person concerned or, without the person’s consent, in the following cases:

(1) when its use is compatible and has a direct and relevant connection with the purposes for which the information was collected;

(2) when its use is for the benefit of the person to whom it relates;

(4) Personal information communicated to an institution of one Party may only be communicated to another agency of that Party for the application of the Agreement.

A Party may, however, communicate such information with the consent of the person concerned or, without the person’s consent, only in the following cases:

(1) the information is necessary for the exercise of the rights and powers of an agency of a Party;

(2) the communication of the information is for the benefit of the person to whom it relates.

(5) The agencies of both Parties shall ensure, during the transmission of the information referred to in paragraph 2, the use of means preserving the confidentiality of such information.

(6) The agency of one Party, to which information referred to in paragraph 2 is communicated, shall protect it against unauthorized access, alteration and communication.

(7) The agency of the Party receiving the information referred to in paragraph 2 shall:

(1) take the necessary measures to ensure that the information is up to date, accurate and complete so as to serve the purposes for which it was collected;

(2) correct the information held and destroy any information whose collection or storage is not authorized;

(3) on request, destroy the information whose transmission is not authorized.

(8) Subject to the applicable laws and regulations, the information received by one Party, because of the application of this Agreement, shall be destroyed when the purposes for which it was collected or used are completed. The agencies of both Parties shall use safe and final means of destruction and shall preserve the confidential nature of the personal information awaiting destruction.

(9) The person concerned has the right to be informed of the communication of personal information referred to in paragraph 2 and of its use for purposes other than the application of this Agreement. That person may also have access to the personal information concerning him or her and have the information corrected, except as otherwise provided by the laws and regulations of the Party in whose territory the information is held.

(10) The competent authorities of the Parties shall inform each other of any amendment to the legislation concerning the protection of personal information, in particular as regards other reasons for which it may be used or communicated to other entities without the consent of the person concerned.

(11) This Article shall apply, with the necessary adaptations, to other confidential information obtained under the Agreement or by reason of the Agreement.

ARTICLE 41

Administrative assistance

For the purposes necessary for the application of the Agreement, the competent authorities, the liaison agencies and the competent institutions shall:

(1) communicate to each other any information required;

(2) assist each other free of charge in any matter concerning the application of the Agreement;

(3) communicate to each other any information on measures adopted or amendments to their legislation to the extent that such amendments affect the application of the Agreement;

(4) inform each other of the difficulties encountered.

ARTICLE 42

Communications

The competent authorities and institutions and the liaison agencies of both Parties may communicate with one another in their official language.

ARTICLE 43

Settlement of disputes

The competent authorities of both Parties undertake to resolve, to the extent possible, any disputes which arise in interpreting or applying this Agreement, according to its spirit and fundamental principles.

TITLE V

TRANSITIONAL AND FINAL PROVISIONS

ARTICLE 44

Transitional provisions

(1) The Agreement does not establish entitlement to benefits for a period prior to the date of its entry into force.

(2) For the purposes of Chapter 1 of Title III and subject to the provisions of paragraph 1:

(1) an insurance period completed before the date of entry into force of the Agreement shall be taken into consideration in determining entitlement to benefits under the Agreement;

(2) 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 entry into force;

(3) where benefits are payable pursuant to Article 13 and a claim for such benefits is filed within two years from the date of entry into force of the Agreement, rights arising from the Agreement shall be acquired as of that date or the date of entitlement to a retirement, survivor or disability benefit, if such date is later than that of the entry into force of the Agreement;

(4) benefits that, by reason of residence, have been refused, reduced or suspended are, on application by the person in question, awarded or restored from the date of entry into force of the Agreement;

(5) benefits awarded before the date of entry into force of the Agreement are revised, on application by the person in question or ex officio. If revision results in benefits that are less than those paid before the entry into force of the Agreement, the benefits are maintained at their previous level;

(6) if the application referred to in subparagraphs 4 and 5 of this paragraph is submitted within two years following the date of entry into force of the Agreement, the rights established under the Agreement are acquired from the date of its entry into force. If the application is submitted after that period, the rights are acquired as of the date on which the application is filed.

(3) For the purposes of Chapter 2 of Title III, any work involving exposure to risk accomplished under the legislation of one Party before the entry into force of the Agreement shall be taken into account in determining the eligibility to benefits and its cost apportionment between the competent institutions.

(4) For the purposes of Chapter 3 of Title III, any insurance or residence period accomplished before the date of entry into force of the Agreement shall be taken into account for entitlement to a benefit.

(5) For the purposes of Article 8, a person shall be presumed to have been on assignment only from the date of entry into force of the Agreement.

ARTICLE 45

Entry into force and term of the Agreement

(1) The Agreement shall enter into force on the first day of the third month following the month in which the Parties exchange official notes confirming that they have fulfilled all requirements for its entry into force.

(2) The Agreement is entered into for an indeterminate period and may be terminated by one of the Parties by notice, after which the Agreement ends on December 31 of the year following the year in which it was terminated.

(3) If the Agreement is terminated, rights acquired under its provisions shall be maintained and applications filed before the date on which it was terminated are settled in accordance with its provisions.

In witness whereof, the undersigned, being duly authorized thereto by their respective Governments, have signed this Agreement.

Done in duplicate in the French and Serbian languages, each text being equally authentic.

FOR THE GOUVERNEMENT DU QUÉBEC		FOR THE GOUVERNEMENT OF THE REPUBLIC OF SERBIA
In Québec, 19 June 2020		In Ottawa, 19 June 2020
Nadine Girault, Minister of International Relations and La Francophonie		Mihailo Papazoglu, Ambassador of the Republic of Serbia in Ottawa

O.C. 1113-2021, Sch. 1.

SCHEDULE 2

(s. 2)

ADMINISTRATIVE ARRANGEMENT FOR THE APPLICATION OF THE AGREEMENT ON SOCIAL SECURITY BETWEEN THE GOUVERNEMENT DU QUÉBEC AND THE GOVERNMENT OF THE REPUBLIC OF SERBIA

THE COMPETENT AUTHORITY OF QUÉBEC

AND

THE COMPETENT AUTHORITY OF THE REPUBLIC OF SERBIA,

IN ACCORDANCE WITH Article 34 of the Agreement on Social Security between the Gouvernement du Québec and the Government of the Republic of Serbia;

HAVE AGREED TO THE FOLLOWING PROVISIONS:

TITLE I

GENERAL PROVISIONS

ARTICLE 1

Definitions

In this Administrative Arrangement:

(1) the term “Agreement” shall mean the Agreement on Social Security between the Gouvernement du Québec and the Government of the Republic of Serbia;

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

ARTICLE 2

Liaison agencies

In accordance with the provisions of paragraph 2 of Article 34 of the Agreement, the liaison agencies shall be:

— for Québec, the Bureau des ententes de sécurité sociale of Retraite Québec or any other body that the Gouvernement du Québec could subsequently designate;

— for the Republic of Serbia, the Social Insurance Institute (за Републику Србију, Завод за социјално осигурање).

ARTICLE 3

Competent institutions

The competent institutions for the purposes of Title III of the Agreement shall be:

For Québec:

— Retraite Québec, for retirement, disability and survivor’s benefits;

— the Commission des normes, de l’équité, de la santé et de la sécurité du travail, for benefits in case of occupational injury; and

— the Régie de l’assurance maladie du Québec, hereinafter referred to as “RAMQ”, for health benefits.

For the Republic of Serbia:

— the Pension and Disability Fund of the Republic of Serbia (Републички фонд за пензијско и инвалидско осигурање), for old age and disability insurance benefits for workers and benefits in case of industrial accidents and occupational diseases;

— the Health Insurance Fund of the Republic of Serbia (Републички фонд за здравствено осигурање), for health insurance benefits and benefits in case of industrial accidents and occupational diseases; and

— the Fund for Military Social Insurance (Фонд за социјално осигурање војних осигураника), for social insurance benefits for insured military personnel.

TITLE II

PROVISIONS CONCERNING THE APPLICABLE LEGISLATION

ARTICLE 4

Certificate of coverage

(1) For the purposes of Articles 7, 8, 9 and 11 of the Agreement, a certificate of coverage shall be issued:

— by the liaison agency of Québec, when a person remains subject to the legislation of Québec;

— by the organization unit of the competent institution for health insurance of the Republic of Serbia, where a person remains subject to the legislation of the Republic of Serbia.

(2) The liaison agency or the competent institution that issues the certificate of coverage shall give that certificate to the applicant and shall send a copy to the liaison agency or the competent institution of the other Party referred to in paragraph 1 of this Article.

(3) For the purposes of Article 11 of the Agreement, the liaison agency of Québec and the competent authority of the Republic of Serbia shall send each other any application for derogation from the provisions on coverage. The liaison agency of Québec shall be responsible for obtaining the decision of its competent authorities and shall so inform the competent authority of the Republic of Serbia.

TITLE III

PROVISIONS CONCERNING BENEFITS

CHAPTER 1

RETIREMENT BENEFITS, DISABILITY BENEFITS AND SURVIVORS’ BENEFITS

ARTICLE 5

Filing and processing of claim

(1) For the purposes of Chapter 1 of Title III of the Agreement, the competent institution or the liaison agency of one Party may receive a claim for benefits under the legislation of either Party. Where the claim is submitted, the competent institution or liaison agency shall require from the claimant the supporting documents required for processing the claim.

(2) Where the claim for benefits referred to in paragraph 1 is submitted to a competent institution or a liaison agency of one Party, the application shall be forwarded to the competent institution of the Party whose legislation is applicable, together with copies that the institution or agency has certified true to the original of the supporting documents required. A bilingual liaison form shall accompany the application and supporting documents referred to in this paragraph.

(3) A copy of the claim for benefits and supporting documents shall be kept by the competent institution or the liaison agency that initially received the claim. A copy of those documents shall be made available, on request, to the competent institution of the other Party.

(4) Any information respecting civil status entered on the claim form for benefits shall be certified on the liaison form by the competent institution or by the liaison agency that forwards the application, which exempts it from sending the supporting documents.

(5) Where a claim for benefits is submitted or where the competent institution or the liaison agency of one Party so requires, the competent institution or the liaison agency of the other Party shall indicate on a bilingual form the insurance periods recognized under the legislation it applies.

(6) As soon as it has made a decision under the legislation it applies, the competent institution shall so notify the claimant and inform the claimant of the means and periods of appeal prescribed by that legislation; it shall also inform the competent institution or the liaison agency of the other Party, using the liaison form.

(7) Where the competent institution or the liaison agency of one Party observes a change likely to affect the entitlement of a recipient to a benefit under the legislation of the other Party, the institution or agency shall so inform the competent institution of that other Party.

CHAPTER 2

OCCUPATIONAL INJURY BENEFITS

ARTICLE 6

Person covered by the legislation of one Party and staying or residing in the territory of the other Party

(1) For the purposes of Article 18 of the Agreement, where an occupational injury occurs while the person subject to the legislation of one Party stays or resides in the territory of the other Party, the institution of the place of stay or residence, when it receives a claim for that person, shall send it to the competent institution so that the latter may determine if the occupational injury is covered by the legislation it applies. If it is established that it is an occupational injury under the legislation applied by the competent institution, that institution shall issue, where applicable, a service entitlement form whereby the institution in the place of stay or residence is to provide the benefits in kind.

(2) If the person is entitled to a benefit before going to the territory of the other Party to stay or reside in the territory, the person is required to submit a form to the institution of the place of stay or residence attesting that the competent institution authorizes the person to maintain entitlement to benefits in kind. If the form could not be established prior to departure, the competent institution may, on request from the person or the institution of the place of stay or residence, issue the form.

(3) Where the person referred to in paragraph 1 or 2 requests that the entitlement to benefits in kind be extended beyond the period indicated in the form that is issued, the person shall address the claim to the competent institution either directly or through the institution of the place of stay or residence. The competent institution shall issue, where applicable, a new form attesting the person’s right for an extension of the benefits in kind.

ARTICLE 7

Relapse

(1) To receive benefits in case of relapse, the person referred to in Article 19 of the Agreement shall submit a claim to the institution of the place of stay or residence, along with a medical report and a declaration signed by the person describing the location and circumstances of the relapse, specifying that the person has already received benefits from the competent institution of the other Party following an industrial accident or an occupational disease. In addition, the person shall be required to provide the institution of the place of stay or residence with the necessary information relating to benefits previously granted for that accident or occupational disease. If deemed necessary, the institution of the place of stay or residence may inquire upon the competent institution which provided the benefits in order to obtain any relevant details.

(2) For the purposes of subparagraph 1.2 of subparagraph 1 of paragraph 2 of Article 19 of the Agreement, the competent institution of the place of stay or residence which bears the additional benefits corresponding to the relapse shall notify the competent institution of the other Party.

(3) For the purposes of subparagraph 2 of paragraph 2 of Article 19 of the Agreement, a copy of the decision of refusal 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 applies.

ARTICLE 8

Granting of benefits in kind of great importance

(1) For the purposes of Article 21 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, of a value greater than 500 euros, converted in Canadian dollars or Serbian dinars, it shall ask the competent institution to transmit its decision on such benefits, using the prescribed form. If, however, the 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 the 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 applied by the institution of the place of stay or residence, unless otherwise stated by the competent institution.

(3) The competent authorities shall revise, every five years following the date of entry into force of the Agreement, the amount mentioned in paragraph 1 to take into account the increase of the costs of benefits in kind of great importance, which shall be set by an exchange of letters.

ARTICLE 9

Assessment of the degree of disability

For the purposes of Articles 22 and 23 of the Agreement, the person and the competent institution to which the person was previously affiliated shall provide the competent institution dealing with the claim, insofar as it is required to process the claim, with information on occupational injuries that occurred under the previous legislation.

ARTICLE 10

Double exposure to same risk

(1) The competent institution that examines a claim filed pursuant to paragraph 1 of Article 24 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 applies.

(2) When the competent institution that examines the claim concludes that it cannot, in accordance with the legislation it applies, grant the claim, even taking into account the provisions of paragraph 1 of Article 24 of the Agreement, that institution shall notify the person 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 person 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.

ARTICLE 11

Notice of shared costs

For the purposes of subparagraph 2 of paragraph 2 of Article 24 of the Agreement, the competent institution that ensures the provision of benefits shall forward to the competent institution of the other Party a form on which it indicates the amount of the benefits provided to the person or the person’s beneficiaries, the period of work that caused the occupational disease performed in the territory of each Party, as confirmed according to the form provided for in paragraph 1 of Article 10 of this Administrative Arrangement, and the share to be paid by each of the competent institutions. The invoicing and reimbursement shall be done according to the terms and conditions of Article 15 of this Administrative Arrangement.

CHAPTER 3

HEALTH BENEFITS

ARTICLE 12

Procedure respecting entitlement to benefits in kind

(1) For the purposes of Articles 28 and 29 of the Agreement, information on the insurance 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) To receive benefits in kind in the territory of Québec, persons shall register with the RAMQ by using the registration form intended for that purpose and submitting, in addition to the document relating to their immigration status in Québec and, where applicable, proof of establishment of domicile, the attestation referred to in paragraph 1. Entitlement to benefits shall be established upon receipt of those documents by the RAMQ with retroactive effect to the day of arrival.

(3) To receive benefits in kind in the territory of the Republic of Serbia, persons shall register with the organization unit of the competent institution for health insurance under the conditions set out in the legislation of the Republic of Serbia by submitting the attestation referred to in paragraph 1. The benefits shall be granted from the day of arrival.

ARTICLE 13

Procedure preceding the provision of benefits to detached persons, spouse and dependants

(1) For the purposes of Article 30 of the Agreement:

— in Québec, persons shall register with the RAMQ by using the form intended for that purpose and submitting the document relating to their immigration status in Québec and the certificate of coverage;

— in the Republic of Serbia, persons shall register with the organization unit of the health insurance institution by using the form prescribed and submitting a certificate of coverage.

(2) Paragraph 1 shall also apply to the spouse and the dependants accompanying or joining the person as long as their names appear on the certificate of coverage that was issued to the person.

ARTICLE 14

Procedure preceding the provision of benefits during a stay for studies

For the purposes of Article 31 of the Agreement:

— in Québec, persons shall register with the RAMQ by using the form intended for that purpose and submitting the document relating to their immigration status in Québec and the form attesting to their status of insured person established by the competent institution of the Republic of Serbia;

— in the Republic of Serbia, persons shall register with the organization unit of the health insurance institution under the conditions set out in the legislation of the Republic of Serbia, by submitting the form attesting to their status of insured person established by the RAMQ.

TITLE IV

MISCELLANEOUS PROVISIONS

ARTICLE 15

Reimbursement between institutions

(1) For the reimbursement of the benefits referred to in Chapter 2 of Title III and Articles 30 and 31 of the Agreement:

(1) The institution that provided benefits in kind shall forward to the competent institution a claim for reimbursement at the end of a calendar year.

(2) The institution that provided benefits in kind shall address to the competent institution the claim for reimbursement with two copies of the individual cost statements on the bilingual form established and the summary.

(3) The competent institution shall reimburse expenses within six months following the date on which the request for reimbursement is received.

(4) If an expense is contested, the competent institution shall submit a notice to the institution that provided benefits in kind within six months following the date on which the request is received.

(5) If the amount of the reimbursement is contested or payment is not made, the institution that provided benefits in kind shall submit a notice to the competent institution within six months following the date of reimbursement or the expiry of the period mentioned in subparagraph 3.

(6) In the cases referred to in subparagraphs 4 and 5, if the notice remains unanswered for six months, it shall be considered accepted.

(7) Claims for reimbursement shall be established in the currency in effect in the territory in which the costs were incurred.

(8) For Québec, the reimbursement shall be in Canadian dollars. For the Republic of Serbia, the amount of the reimbursement shall be converted in euros at the average exchange rate of the National Bank of Serbia, on the date on which the statement is established. A document indicating the exchange rate used shall be attached.

(9) Claims for reimbursement shall be submitted to the competent institution by the institution that provided the benefits in kind not later than the fifth year following the year in which the benefits were provided.

(2) For the reimbursement of the medical examinations and expert appraisals referred to in Article 38 of the Agreement, subparagraphs 1, 2, 3, 7 and 8 of paragraph 1 shall apply by analogy with the necessary adaptations.

ARTICLE 16

Forms

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

ARTICLE 17

Statistical data

The liaison agencies of both Parties shall exchange, during the year, statistical data concerning the previous calendar year as soon as it is available. Such data shall include the number of certificates of coverage issued under Title II of the Agreement and the payments made to the beneficiaries under Chapter 1 of Title III of the Agreement, including the number of beneficiaries and the total amount of benefits by category.

ARTICLE 18

Entry into force and term

This Administrative Arrangement shall enter into force on the same date as the Agreement and applies for as long as the Agreement is in force.

Done in two copies, in the French and Serbian languages, both texts being equally authentic.

FOR THE COMPETENT AUTHORITY OF QUÉBEC		FOR THE COMPETENT AUTHORITY OF THE REPUBLIC OF SERBIA
In Québec, 19 June 2020		In Ottawa, 19 June 2020
Nadine Girault, Minister of International Relations and La Francophonie		Mihailo Papazoglu, Ambassador of the Republic of Serbia in Ottawa

O.C. 1113-2021, Sch. 2.

SCHEDULE 3

(s. 2)

PROTOCOL FOR THE IMPLEMENTATION OF THE AGREEMENT ON SOCIAL SECURITY BETWEEN THE GOUVERNEMENT DU QUÉBEC AND THE GOVERNMENT OF THE REPUBLIC OF SERBIA

Considering Article 33 of the Agreement on Social Security between the Gouvernement du Québec and the Government of the Republic of Serbia, the competent authorities of Québec and of the Republic of Serbia have agreed as follows:

ARTICLE 1

The competent authorities shall reciprocally renounce to the reimbursement of the costs of benefits in kind provided for in Chapter 3 of Title III of the Agreement on Social Security between the Gouvernement du Québec and the Government of the Republic of Serbia (hereinafter referred to as the “Agreement”) and Chapter 3 of Title III of the Administrative Arrangement for the implementation of the Agreement on Social Security between the Gouvernement du Québec and the Government of the Republic of Serbia (hereinafter referred to as the “Administrative Arrangement”).

ARTICLE 2

This Protocol shall have a term of three years and shall enter into force on the same date as the Agreement and the Administrative Arrangement.

ARTICLE 3

After the expiry of the period referred to in Article 2 of the Protocol, the Protocol shall be renewed automatically for an indeterminate period. The competent authorities may, however, terminate the Protocol by sending a notice following which the Protocol shall end on December 31 of the year following the year of the termination.

Done in two copies, in the French and Serbian languages, both texts being equally authentic.

FOR THE COMPETENT AUTHORITY OF QUÉBEC		FOR THE COMPETENT AUTHORITY OF THE REPUBLIC OF SERBIA
In Québec, 19 June 2020		In Ottawa, 19 June 2020
Nadine Girault, Minister of International Relations and La Francophonie		Mihailo Papazoglu, Ambassador of the Republic of Serbia in Ottawa

O.C. 1113-2021, Sch. 3.

REFERENCES

O.C. 1113-2021, 2021 G.O. 2, 3447