M-19.2, r. 6 - Regulation respecting 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

Schedule Disposition versions

2012-09-01

SCHEDULE I

(s. 1)

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

THE GOUVERNEMENT DU QUÉBEC

AND

THE GOVERNMENT OF THE FRENCH REPUBLIC,

CONSIDERING that Québec and France have established a number of cooperation programs resulting in frequent transfers of persons between their territories;

Wishing to facilitate the participation of their respective nationals in those exchange programs,

Resolved to ensure that participants in cooperation programs and students receive certain social security benefits provided for in their respective legislation,

HAVE AGREED AS FOLLOWS:

PART I

GENERAL

ARTICLE 1

DEFINITIONS

In this Agreement, unless the context dictates otherwise,

“France” means the European and overseas departments; (France)

“French nationals” means persons of French nationality; (ressortissants français)

“Québec nationals” means Canadian citizens subject to the legislation referred to in subparagraph 1(a) of Article 2; (ressortissants québecois)

“France-Québec cooperation programs” means the exchange programs between France and Québec referred to in the Administrative Arrangement; (coopération franco-québecoise)

“competent authority” means the Québec minister or the French minister responsible for applying the legislation referred to in Article 2; (autorité compétente)

“competent institution” means the Québec department or agency or the French social security agency responsible for administering legislation referred to in Article 2; (institution compétente)

“legislation” means present or future laws, regulations, statutory provisions and any other application measures relating to the social security sectors and plans referred to in Article 2; (législation)

“studies” means studies at one of the educational institutions listed in the Administrative Arrangement in accordance with the requirements set out therein; (études)

“government employees” means the French government employees or civil servants and the Québec government employees taking part in France-Québec cooperation programs, receiving a salary paid by the sending government and retaining the complete coverage of their own social security plans while carrying out their duties in the territory of the receiving Party; (fonctionnaires)

“unpaid training period” means

— where benefits are covered by the French plan under provisions of the Agreement, a training period during which the enterprise or the agency where it is served, or a third party, does not pay any benefits, or pays living and accommodation expenses up to the amount established in the Administrative Arrangement,

— where the benefits are covered by the Québec plan under the Agreement, a training period for which a person does not receive any salary but may receive a bursary or an allowance; (stage non rémunérée)

“dependants” means

a spouse or dependants according to Québec legislation; (personnes à charge)

and, as the case may be,

persons deriving rights from an insured person according to French legislation; (ayants droit)

and any term not defined in the Agreement has the meaning given to it under the applicable legislation.

ARTICLE 2

SCOPE

(1) The Agreement applies:

(a) with respect to Québec,

— to legislation relating to health insurance, hospital insurance and other health services and to industrial accidents and occupational diseases; and

— for the purposes of paragraphs 2 and 5 of Article 4, to legislation respecting prescription drug insurance; and

(b) with respect to France, to the various legislation applying to the coverage of health care and maternity risks and industrial accident and occupational disease risks.

(2) The Agreement also applies to any Act or Regulation that amends, extends or replaces the legislation referred to in paragraph 1, unless the interested contracting Party notifies the other contracting Party of its objections within three months of the date of the official publication of the said Act or Regulation.

(3) The Agreement does not apply to any Act or Regulation covering a new area of social security unless the Agreement is amended to that effect.

ARTICLE 3

EQUAL TREATMENT

Failing a provision to the contrary in this Agreement, the persons referred to in Chapters 1 and 2 of Part II shall be entitled, throughout the actual duration of their studies, required training period or cooperation program activity within the territory of one of the Parties, to receive the benefits in kind provided for under the legislation of that Party, under the same conditions as insured persons residing within that territory or, as the case may be, maintaining a domicile there.

PART II

BENEFITS

CHAPTER I

HEALTH CARE AND MATERNITY BENEFITS

ARTICLE 4

STUDENTS

(1) Québec nationals pursuing their studies in France who are not otherwise in that country or insured by virtue of their professional activity, or dependants of persons covered by social security, shall be entitled, within French territory, together with their accompanying dependants, to health and maternity insurance benefits in kind provided by the French institution on behalf of the competent Québec institution.

(2) French nationals pursuing their studies in Québec who are neither residents nor deemed to be residents within the meaning of the Health Insurance Act, nor dependants of such residents, shall be entitled, within Québec, together with their accompanying dependants, to health insurance, hospital insurance, prescription drug insurance and other health care benefits in kind provided by the Québec institution on behalf of the competent French institution.

(3) Persons referred to in paragraph 1 or 2 who are serving an unpaid training period required by their studies in a territory outside the territories of the Parties or, with respect to persons referred to in paragraph 2, in French territory, shall be entitled to be reimbursed for expenses relating to care received in the territory where they are serving their training period. The reimbursement shall be made by the institution of the territory where they are pursuing their studies on behalf of the competent institution and under the conditions provided for in the Administrative Arrangement.

(4) French or Québec nationals who, while pursuing studies in the territory of the Party to whose legislation they are subject, serve an unpaid training period required by those studies in the territory of the other Party shall be entitled throughout the training period, together with their dependants accompanying them, to the benefits in kind referred to in paragraph 1 or 2, excluding prescription drug insurance, which shall be provided by the institution of the Party in whose territory the training period is served, on behalf of the affiliated institution, in accordance with the legislation it is applying.

(5) French or Québec nationals taking part in an exchange program between institutions of higher learning in France and Québec shall be entitled, in the receiving country, together with their accompanying dependants, to the benefits in kind referred to in paragraph 1 or 2 which shall be provided by the institution in the receiving country, on behalf of the affiliated institution, in accordance with the legislation it is applying.

ARTICLE 5

STUDENTS STAYING TEMPORARILY OUTSIDE QUÉBEC

(1) French nationals referred to in paragraphs 2 to 5 of Article 4 who stay temporarily outside Québec during their studies or training period in Québec shall be entitled, together with their accompanying dependants, to be reimbursed for expenses relating to care received during that temporary stay in accordance with the terms and conditions provided for under the Administrative Arrangement.

(2) Paragraph 1 also applies to temporary stays outside Québec between two terms of study in Québec.

(3) The Québec institution shall make the reimbursement referred to in paragraph 1 on behalf of the French institution.

ARTICLE 6

GOVERNMENT EMPLOYEES

The French and Québec government employees defined in Article 1 shall be entitled throughout their duties in the receiving country, together with their accompanying dependants, to benefits in kind provided by the institution in the receiving country, on behalf of the affiliated institution, in accordance with the legislation it is applying.

ARTICLE 7

SALARIED AND UNSALARIED PARTICIPANTS

(1) Salaried and unsalaried participants in France-Québec cooperation programs shall be subject to the Entente entre le Gouvernement du Québec et le Gouvernement de la République française en matière de sécurité sociale entered into on 12 February 1979, as amended.

(2) Participants referred to in paragraph 1 and their accompanying dependants shall be entitled to the benefits in kind provided for under the legislation applicable in the territory where they are temporarily residing, throughout the period of their salaried or unsalaried activity in that territory, regardless of the expected duration of that activity.

ARTICLE 8

UNPAID TRAINEES

Where they are among the categories of trainees defined in the Administrative Arrangement, French or Québec nationals serving unpaid training periods under France-Québec cooperation programs shall be entitled, throughout their training period, to benefits in kind provided by the institution in the receiving country, on behalf of the institution in the sending country, in accordance with the legislation it is applying.

ARTICLE 9

HOLDERS OF A TRAINING BURSARY

Québec nationals holding a bursary received from the French or the Québec Government to serve a training period in France under a France-Québec cooperation program and whose activity does not meet the requirements for entitlement to social security shall be entitled to coverage under the social security system as described in the Administrative Arrangement.

ARTICLE 10

EXTENSION OF RIGHTS

In the event of a pregnancy or where it is determined that moving persons referred to in the Agreement would likely compromise their health or medical treatment and where their condition requires care beyond the time initially specified for their stay in the receiving country, the provisions of this Agreement shall continue to apply to those persons for as long as the health professional in Québec, or the Caisse on the opinion of the consulting physician in France, deems it advisable.

CHAPTER 2

INDUSTRIAL ACCIDENT OR OCCUPATIONAL DISEASE BENEFITS

ARTICLE 11

NON-APPLICATION OF RESIDENCE CLAUSES

Provisions in the legislation of one of the Parties respecting industrial accidents and occupational diseases that restrict the rights of foreign nationals or that disqualify them because of their residence or their domicile shall not be applied against the nationals of the other Party.

ARTICLE 12

STUDENTS WHO SUFFER AN INDUSTRIAL ACCIDENT OR OCCUPATIONAL DISEASE DURING A REQUIRED TRAINING PERIOD

(1) French or Québec nationals who, while pursuing their studies in the territory of one of the Parties, serve an unpaid training period in an enterprise or an agency located in that territory or outside that territory as part of their study program shall be entitled, in the event of an industrial accident or occupational disease, to the benefits in kind and cash benefits provided for under the legislation applicable to the educational institution.

(2) Notwithstanding the provisions of paragraph 1 above, where the training period is served in the territory of the other Party:

(a) benefits in kind shall be provided on behalf of the institution of the first Party by the institution of the second Party in accordance with the legislation the latter Party is applying; and

(b) cash benefits shall be paid by the institution where the educational institution is located.

ARTICLE 13

BENEFITS IN THE EVENT OF A TEMPORARY OR PERMANENT TRANSFER OF RESIDENCE

(1) French or Québec nationals referred to in Article 12 who suffer an industrial accident or occupational disease recognized as such under the legislation of one of the Parties shall continue to be entitled to the benefits provided for under that legislation when they transfer their residence to the territory of the other Party.

(2) The institution where the person resides shall provide the benefits in kind on behalf of the competent institution.

CHAPTER 3

COMMON PROVISIONS

ARTICLE 14

RESPONSIBILITY FOR PAYMENT OF BENEFITS

(1) The affiliated institution or the competent institution of one Party shall reimburse the institution of the other Party for the benefits in kind that the latter has provided on its behalf.

(2) The status of dependants shall be established by the legislation that is applied by the institution responsible for the payment of benefits.

(3) The competent authorities of the Parties may, in the Administrative Arrangement, waive in whole or in part the reimbursement provided for in paragraph 1.

PART III

TRANSITIONAL AND FINAL PROVISIONS

ARTICLE 15

TRANSITIONAL PROVISIONS

(1) The provisions of Article 8 apply to training periods served from the date of coming into force of this Agreement.

(2) Notwithstanding the provisions of paragraph 1, Articles 12 and 13 apply to events posterior to the date of coming into force of this Agreement that occur during a training period started before that date.

(3) For persons already in one of the situations described in Articles 4 and 5 when this Agreement comes into force, the provisions of Article 14 relating to responsibility for the payment of benefits apply to benefits provided from the date of coming into force of this Agreement.

ARTICLE 16

COMING INTO FORCE

(1) This Agreement revokes and replaces the Protocole d’Entente entre le Gouvernement du Québec et le Gouvernement de la République française relatif à la protection sociale des étudiants et des participants à la coopérations, signed on 2 June 1986.

(2) This Agreement shall remain in force for one year from the date of its coming into force. It shall be renewed automatically from year to year unless notice of termination is given at least three months prior to the end of the calendar year underway. The Agreement shall then terminate at the end of the said year.

(3) If this Agreement is terminated, the stipulations of this Agreement shall continue to apply to vested rights, notwithstanding any restrictive provisions contained in the legislation in question with respect to an insured person’s stays outside the country.

(4) The Parties shall notify each other of the completion of its internal procedures required for the coming into force of this Agreement which shall take effect on the first day of the second month following the date the last notification is received.

Done in duplicate at Québec, on 19 December 1998.

For the Gouvernement For the Governmnet of

du Québec: the French Republic:

____________________ ______________________

MME LOUISE BEAUDOIN, M. CHARLES JOSSELIN,

ministre des Relations ministre délégué à la

internationales Coopération et à

la Francophonie

O.C. 705-2000.