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 signed on 21 December 1998 for the implementation of the Memorandum of Agreement on Social Security for Students and Participants in Cooperation Programs Between the Gouvernement du Québec and the Government of the French Republic, and thereby facilitate exchanges between Québec and France,
HAVE AGREED TO THE FOLLOWS PROVISIONS:
ARTICLE 1
Article 2 of the Administrative Arrangement shall be amended as follows:
(1) In subparagraph (a), after the words “general or technological baccalauréat” the words “and also, students in initial vocational training in a vocational school or an institution of higher learning” shall be inserted;
(2) Subparagraph (b) shall be replaced by the following provisions:
“(b) in Québec, persons enrolled full time in a vocational program, college program or university program, leading to a diploma in an educational institution recognized by the Ministry of Education, Higher Learning and Research, including preparatory studies for admission to this program;”;
(3) In subparagraph (c), the words “of higher learning, college or university” shall be deleted;
(4) After subparagraph (c), the following subparagraph (d) shall be inserted:
“(d) in Québec and in France, persons enrolled, in the territory of one Party, in a higher learning institution, college or university, mentioned in subparagraph (a) or (b), as applicable, and who pursue, in a joint tutoring of doctorate or dual diploma program, part of their studies in the territory of the other Party.”.
ARTICLE 2
Article 3 of the Administrative Arrangement shall be amended as follows:
(1) in paragraph 1, the words “before leaving Québec” shall be replaced by the words “before leaving for France”;
(2) in paragraph 2, the words “before leaving France” shall be replaced by the words “before leaving for Québec” and the words “dependant”, “dependants” and “new dependant” shall be replaced respectively by the words “family member”, “family members” and “new family member”.
ARTICLE 3
In the first subparagraph of paragraph 2 of Article 3 and paragraph 2 of Article 4 of the Administrative Arrangement, the words “French students” shall be replaced by the words “students covered under a French plan”.
In subparagraph 2 of paragraph 2 of Article 3 of the Administrative Arrangement, the words “French nationality” shall be replaced by the words “coverage under a French plan”.
In the first subparagraph of Article 5 of the Administrative Arrangement, the words “French nationals” shall be replaced by the words “persons under a French plan”.
In Article 7 of the Administrative Arrangement, the words “French trainees” shall be replaced by the words “trainees under a French plan”.
ARTICLE 4
In paragraph 2 of Article 3 and paragraph 2 of Article 4 of the Administrative Arrangement, the words «ministère des Relations avec les Citoyens et de l’Immigration» shall be replaced by the words «ministère de l’Immigration, de la Diversité et de l’Inclusion».
ARTICLE 5
After the first subparagraph of paragraph 1 of Article 4 of the Administrative Arrangement, the following subparagraph shall be inserted:
“As regards Québec, the application shall include enrollment in the prescription drug insurance plan without a premium being paid.”.
ARTICLE 6
In the first paragraph of Article 6 of the Administrative Arrangement, the number “6” shall be replaced by the number “7”.
ARTICLE 7
Article 8 of the Administrative Arrangement shall be replaced by the following provisions:
“ARTICLE 8
Trainee Categories
For the purposes of Article 8 of the Agreement, the following shall be the trainee categories referred to therein:
— trainees taking part in Office Franco-Québécois pour la Jeunesse (OFQJ) activities undergoing non-mandatory on-the-job training as part of their study program;
— participants in OFQJ activities undergoing on-the-job training as part of a professional induction program;
— participants in France-Québec cooperation programs undergoing a training period or learning stay as part of its programming.”.
ARTICLE 8
Article 9 of the Administrative Arrangement shall be amended as follows:
(1) In the first subparagraph of paragraph 1, the number “6” shall be replaced by the number “8” and the words “government employees” with the words “unpaid trainees”;
(2) The second subparagraph of paragraph 1 shall be deleted;
(3) Paragraph 2 shall be replaced with the following provisions:
“2. For the purposes of Article 9 of the Agreement, the specific social security coverage for the Québec trainees awardees of a bursary of the Government of the French Republic shall be organized by Campus France or any other body designated by the competent authority of France.”.
ARTICLE 9
After Article 10 of the Administrative Arrangement, the following Article 10.1 shall be inserted:
“ARTICLE 10.1
Healthcare for Post Doctorates
For the purposes of paragraph 2 of Article 9.1 of the Agreement and to allow for the acquisition of entitlement thereto:
— Post doctorates who travel to Québec shall provide to the RAMQ a form attesting to their status of insured person or of family member, issued by the French competent institution;
— Post doctorates who travel to France shall provide to the CPAM of their place of residence a form attesting to their status of insured person, issued by the RAMQ.”.
ARTICLE 10
In the first dash of subparagraphs (a) and (b) of paragraph 1 of Article 12 of the Administrative Arrangement, the words “Commission de la santé et de la sécurité du travail (CSST)” shall be replaced by the words “Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST)”.
ARTICLE 11
In paragraph 1 of Article 13 of the Administrative Arrangement, the number “6” shall be deleted.
ARTICLE 12
Subparagraphs (a) and (b) of Article 14 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 Article 14 of the Agreement and Article 13 of this Administrative Arrangement, the RAMQ for benefits in case of sickness or 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 14 of the Agreement and Article 13 of this 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 13
Article 16 of the Administrative Arrangement shall be replaced by the following provisions:
“ARTICLE 16
Forms
(1) The form and content of certificates or forms necessary for the application of the Agreement and the Administrative Arrangement shall be adopted jointly by the competent institutions or the liaison agencies.
(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 14
The Supplementary Administrative Arrangement setting out the model forms provided in the Administrative Arrangement signed on 21 December 1998 for the implementation of the Memorandum of Agreement on Social Security for Students and Participants in Cooperation Programs Between the Gouvernement du Québec and the Government of the French Republic shall be repealed.
Nevertheless, the certificates and forms it contains shall remain in effect. Subsequently adopted forms and certificates shall be the subject of mutual notification provided for in Article 16 of the Administrative Arrangement as amended by Article 13 of this Amendment.
ARTICLE 15
This second amendment to the Administrative Arrangement shall enter into force on the same date as the Second Amendment to the Memorandum of Agreement Between the Gouvernement du Québec and the Government of the French Republic on Social Security for Students and Participants in Cooperation Programs, signed on 19 December 1998.
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 |