R-9, r. 11 - Regulation respecting the implementation of the Agreement on Social Security between the Gouvernement du Québec and the Government of the Kingdom of Belgium

Schedule Disposition versions

2014-01-05

SCHEDULE 1

(s. 1)

AGREEMENT ON SOCIAL SECURITY BETWEEN QUÉBEC AND THE KINGDOM OF BELGIUM

THE GOUVERNEMENT DU QUÉBEC

AND

THE GOVERNMENT OF THE KINGDOM OF BELGIUM HAVING RESOLVED TO GUARANTEE TO THEIR INSURED THE ADVANTAGES OF THE COORDINATION OF THEIR SOCIAL SECURITY LEGISLATIONS

HAVE AGREED AS FOLLOWS:

PART I

GENERAL

ARTICLE 1

DEFINITIONS

(1) In the Agreement,

(a) “national” means

as regards Belgium: a person of Belgian nationality;

as regards Québec: a person of Canadian citizenship who is subject to the legislation referred to in subparagraph b of paragraph 1 of Article 2 or who has been subject to that legislation and has acquired rights under that legislation;

(b) “legislation” means the statutes and regulations referred to in Article 2;

(c) “competent authority” means the Ministers responsible, each to the extent of his or her responsibilities, for the administration of the legislation referred to in Article 2;

(d) “body” means the institution, organization or authority responsible for administering all or part of the legislation referred to in Article 2;

(e) “period of insurance” means

as regards Belgium: any period recognized as such by the legislation under which that period was completed as well as any period recognized by that legislation as equivalent to a period of insurance;

as regards Québec: any year for which contributions have been paid or for which a disability pension has been paid under the Act respecting the Québec Pension Plan (chapter R-9) or any other year considered as equivalent; for the purposes of Chapter 3 of Part III, eligibility periods under the legislation relating to Québec’s health insurance;

(f) “pension” means any pension, annuity, lump sum or other benefit in cash, including any supplement or increase applicable under the legislation referred to in Article 2;

(g) “benefit” means any benefit in kind or in cash provided under the legislation of each Party, including any supplement or increase applicable under the legislation referred to in Article 2;

(h) “family member” means

as regards Belgium: any person defined or admitted as family member or designated as member of the household by the legislation of Belgium or, in the case referred to in Article 24, by the legislation of Québec;

as regards Québec: the spouse and dependants as defined in the legislation relating to Québec’s health insurance or, in the case referred to in Article 24, by the legislation of Belgium;

(i) “stateless person” means a person defined as stateless in Article 1 of the Convention Relating to the Status of Stateless Persons of 28 September 1954;

(j) “refugee” means a person who has obtained the recognition of the status of refugee under the Convention Relating to the Status of Refugees of 28 July 1951 and the additional Protocol of 31 January 1967.

(2) Any term not defined in paragraph 1 of this Article has the meaning given to it under the applicable legislation.

ARTICLE 2

MATERIAL SCOPE

(1) The Agreement shall apply

(a) as regards Belgium, to the legislation concerning:

i. retirement and survivors’ pensions for salaried workers and for self-employed workers;

ii. disability benefits for salaried workers, mine workers, seamen of the merchant marine and self-employed workers;

iii. sickness insurance for salaried and self-employed workers;

iv. work accidents and occupational diseases;

and, with regard to Part II, to the legislation concerning:

v. social security for salaried workers;

vi. the social status of self-employed workers;

(b) as regards Québec, to the legislation concerning:

i. the Québec Pension Plan;

ii. health insurance, hospital insurance, prescription drug insurance and other health services;

iii. industrial accidents and occupational diseases.

(2) The Agreement shall also apply to any statutory or regulatory act which amends, adds to or replaces the legislation referred to in paragraph 1 of this Article.

The Agreement shall apply to any statutory or regulatory act which extends the existing plans to new categories of beneficiaries or to new pensions; notwithstanding the foregoing, that Party may, within six months of the date of official publication of the statutory or regulatory act, notify the other Party that the Agreement shall not apply to it.

This Agreement shall not apply to a statutory or regulatory act covering a new branch of social security, unless an agreement is reached between the Parties to that effect.

ARTICLE 3

PERSONAL SCOPE

(1) Unless otherwise provided, this Agreement shall apply, as regards Belgium:

(a) to persons who are or who have been subject to the legislation and who are nationals of one Party, as well as their family members and their survivors;

(b) to survivors and family members of persons who have been subject to the legislation of Belgium, regardless of their nationality, if the survivors or family members are nationals of one Party.

(2) For the purposes of paragraph 1, refugees, stateless persons, members of their family and their survivors are considered to be nationals of one Party, provided they reside in the territory of one Party.

(3) Unless otherwise provided, this Agreement shall apply, as regards Québec, to persons who are or who have been subject to it’s legislation and to their dependants, survivors and beneficiaries.

(4) Unless otherwise provided, Articles 7 to 11 apply regardless of nationality.

ARTICLE 4

EQUALITY OF TREATMENT

Unless otherwise provided in the Agreement, the persons referred to in Article 3 shall be subject to the obligations and shall be eligible for the benefits under the legislation of the other Party, under the same conditions as nationals of that Party.

ARTICLE 5

EXPORT OF PENSIONS AND BENEFITS

(1) Unless otherwise provided in the Agreement, retirement, survivors’ and disability pensions and industrial accident and occupational disease cash benefits acquired under the legislation of one Party, or under the Agreement, shall not be subject to any reduction, modification, suspension, suppression or confiscation by reason only of the fact that the beneficiary resides or is staying in the territory of the other Party; these pensions and benefits shall be payable in the territory of the other Party.

(2) Retirement and survivors’ pensions and industrial accident and occupational disease cash benefits payable under the Agreement by one Party in the territory of the other Party shall also be payable outside the territories of both Parties, under the same conditions that the first Party applies to its nationals under its own legislation.

ARTICLE 6

REDUCTION AND SUSPENSION CLAUSES

Reduction and suspension clauses under the legislation of one Party, in case of accumulation of a pension or benefit with other social security benefits or income obtained from the exercise of a professional activity, are opposable to the beneficiaries even when the benefits are acquired under the other Party’s plan or if the income is obtained from a professional activity exercised in the territory of the other Party.

This rule does not apply to the accumulation of two pensions or benefits of the same nature.

PART II

APPLICABLE STATUTES

ARTICLE 7

GENERAL RULE

Subject to Articles 8 to 11, workers exercising a professional activity in the territory of one Party shall be subject to the legislation of that Party.

ARTICLE 8

SPECIAL RULES

(1) Salaried workers who, while in the service of an undertaking having in the territory of one Party an establishment for which they normally work, are detached by the undertaking in the territory of the other Party to perform work on behalf of that undertaking, remain, as well as the family members accompanying them, subject to the legislation of the first Party as if they continued to be employed in its territory provided that the expected duration of the work they must perform does not exceed 24 months.

(2) Paragraph 1 applies even if the work performed in the territory of the other Party is considered to be an independent activity under the legislation of that Party.

(3) Self-employed workers who exercise a professional activity in the territory of both Parties are subject only to the legislation of the Party in whose territory they ordinarily reside.

To determine the amount of contributions owed under the legislation of that Party, self-employed professional income earned in the territory of both Parties may be taken into account.

(4) In the case of simultaneous exercise of a self-employed professional activity in Belgium and paid employment in Québec, the latter activity is considered to be employment exercised in Belgium, to determine the obligations resulting from the Belgian legislation relating to the social status of self-employed workers

ARTICLE 9

SALARIED WORKERS EMPLOYED BY AN INTERNATIONAL CARRIER

(1) Salaried workers who work in the territory of both Parties as travelling personnel for an international carrier which transports passengers or goods by air or by sea, and which has its head office in the territory of one Party, shall, with respect to such work, be subject only to the legislation of the Party in whose territory the head office is located.

(2) However, if the undertaking has, in the territory of the other Party, a branch or permanent agency, the salaried workers that branch or agency employs are subject to the legislation of the Party in the territory in which the branch or agency is located, except for the salaried workers who are sent there on a temporary basis.

(3) If salaried workers work for the most part in the territory of the Party in which they reside, they shall, with respect to such work, be subject only to the legislation of that Party, even if the carrier employing them has no head office, branch or permanent agency in that territory.

ARTICLE 10

PERSONS EMPLOYED ON BEHALF OF A PUBLIC AUTHORITY

(1) Persons employed on behalf of a public authority of one Party and assigned to a posting in the territory of the other Party shall be subject only to the legislation of the first Party for all matters relative to that post.

(2) Persons residing permanently in the territory of one Party and employed on behalf of a public authority of the other Party, shall, with respect to that employment, be subject only to the legislation applicable in that territory. However, if those persons are nationals of the Party employing them, they may, within six months from the start of the employment or the coming into force of the Agreement, elect to be subject only to the legislation of that Party.

(3) As regards Québec, the term “public authority” means the Gouvernement du Québec.

ARTICLE 11

DEROGATIONS

The competent authorities may, by mutual agreement, derogate from the provisions of Articles 7 to 10 with respect to any worker or category of workers.

PART III

PROVISIONS RELATING TO PENSIONS AND BENEFITS

CHAPTER I

PROVISIONS RELATING TO BELGIAN PENSIONS

SECTION A

RETIREMENT AND SURVIVORS’ PENSIONS

ARTICLE 12

(1) Subject to the provisions of paragraph 2, the periods referred to in subparagraphs a and b of paragraph 4 are totalized to the extent necessary, provided that they do not overlap, with periods of insurance completed under the legislation of Belgium, for the acquisition, maintenance or recovery of the entitlement to pensions

(2) When the legislation of Belgium subordinates the award of certain pensions to the condition that the periods of insurance have been completed in a determined profession, only the periods referred to in subparagraphs a and b of paragraph 4 during which the same profession was exercised in Québec are totalized for entitlement to the pensions.

(3) When the legislation of Belgium subordinates the award of certain pensions to the condition that the periods of insurance have been completed in a determined profession and when the periods did not give entitlement to the said pensions, the said periods are considered to be valid for the payment of pensions provided for in the general plan for salaried workers.

(4) When the competent body resorts to totalization,

(a) it shall recognize 12 months of contributions under the legislation of Belgium for each period of insurance certified by the competent body in Québec;

(b) where entitlement to a pension is not conferred despite the application of subparagraph a, it shall recognize one month of contribution under the legislation of Belgium, when that month is considered to be a month of residence within the meaning of the Old Age Security Act (R.S.C. 1985, c. O-9) that applies in the territory of Québec, provided that that month does not overlap a period of insurance completed under the legislation of Québec;

(c) it shall totalize, in accordance with paragraph 1 or 2, the periods of insurance completed under its legislation and the months recognized under subparagraphs a and b.

ARTICLE 13

(1) When a person meets the conditions required under the legislation of Belgium to be entitled to the pensions without having recourse to totalization, the Belgian body shall calculate the entitlement to the pension directly on the basis of periods of insurance completed in Belgium and according only to the legislation of Belgium.

That body shall also calculate the amount of the pension that would be obtained by applying the rules provided for in subparagraphs a and b of paragraph 2. Only the higher amount is kept.

(2) If a person may claim a pension under the legislation of Belgium, entitlement to which is conferred only by applying the totalization provided for in Article 12, the following rules shall apply:

(a) the Belgian body shall calculate the theoretical amount of the pension that would be owed if all the periods totalized under Article 12 had been completed only under the legislation it applies;

(b) the Belgian body shall then calculate the amount owed, on the basis of the amount referred to in subparagraph a, in proportion to the duration of the periods of insurance completed under its legislation in relation to the duration of all periods calculated under subparagraph a.

SECTION B

DISABILITY

ARTICLE 14

For the acquisition, maintenance or recovery of entitlement to disability pensions, the provisions of Article 12 shall apply by analogy.

ARTICLE 15

(1) If entitlement to Belgian disability pensions is conferred only by totalization of the Québec and Belgian periods in accordance with Article 14, the amount of the pension owed shall be determined according to the terms and conditions in paragraph 2 of Article 13.

(2) Where entitlement to Belgian disability pensions is conferred without having recourse to Article 14, and the amount resulting from the addition of the Québec pension and the Belgian pension calculated according to paragraph 1 of this Article is lower than the amount of the pension owed under the Belgian legislation only, the competent Belgian institution shall grant a supplement equal to the difference between the sum of the two pensions mentioned above and the amount owed under the sole legislation of Belgium.

ARTICLE 16

Notwithstanding the provisions of Article 14, in the cases referred to in paragraph 1 of Article 15, no disability pension shall be owed by Belgium where the periods of insurance completed under its legislation, prior to the occurrence of the event, do not reach, as a whole, one year.

ARTICLE 17

(1) By derogation to the provisions of paragraph 1 of Article 12 and Article 16, entitlement to disability pensions of workers who have worked in mines or quarries with underground operations in Belgium and Québec shall be determined following the rules defined in Article 13, when, considering the periods totalized for that purpose, these workers fulfill the conditions provided for in the special legislation of Belgium on the disability of mine workers and equivalent workers.

(2) For the purposes of paragraph 1, the periods referred to in paragraph 4 of Article 12, during which the same profession was exercised in Québec for the acquisition and determination of entitlement, shall be totalized with the periods of actual occupation or equivalent periods in Belgian mines or quarries with underground operations.

(3) If, taking into account the periods thus totalized, the interested person does not meet the conditions required to receive pensions under the special legislation of Belgium concerning the disability of mine workers and equivalent workers, the periods of actual occupation or equivalent periods in Belgian mines or quarries with underground operations are taken into account for awarding pensions from the disability insurance plan for salaried workers.

ARTICLE 18

In case of transfer of residence and temporary stay in the territory of Québec, the competent authority of Belgium may require that the beneficiary of a disability pension obtain authorization by the competent Belgian body. Authorization may only be refused if the displacement of the interested person is not advisable for medical reasons.

SECTION C

PROVISIONS COMMON TO BELGIAN PENSIONS

ARTICLE 19

(1) If, because of the increase of the cost of living, the variation of the level of salaries or other cause for adjustment, Québec pensions are modified by a determined percentage or amount, Belgian pensions shall not be recalculated

(2) In case of a modification to the method of establishment or to the rules for the calculation of Québec pensions, a new calculation of the Belgian pension shall be performed in accordance with Article 13.

CHAPTER II

PROVISIONS RELATING TO QUÉBEC PENSIONS

ARTICLE 20

(1) For the acquisition, maintenance or recovery of entitlement to Québec pensions, the periods of insurance completed, in accordance with the legislation of each Party, shall be totalized, to the extent necessary, provided they do not overlap.

(2) If persons who have been subject to the legislation of both Parties meet the requirements for entitlement to a pension, for themselves or for dependents, survivors or beneficiaries, under Québec legislation, without having recourse to the totalization referred to in paragraph 1, the competent body of Québec shall determine the amount of the pensions in accordance with the provisions of the legislation it administers.

(3) If the persons referred to in paragraph 2 do not meet the requirements for entitlement to a pension without totalization, the competent body of Québec shall:

(a) recognize one year of contribution when the competent body of Belgium certifies that a period of insurance of at least 3 months or 78 days in a calendar year has been credited under the legislation of Belgium, provided that the year is included in the contributory period defined in Québec legislation; and

(b) totalize years recognized under subparagraph a with periods of insurance completed under Québec legislation, in accordance with paragraph 1.

(4) If the totalization provided for in paragraph 3 entitles persons to a pension, the competent body of Québec shall determine the amount payable by adding the amounts calculated in accordance with the following subparagraphs a and b

(a) that part of the pension related to earnings is calculated according to the provisions of the legislation of Québec;

(b) the amount of the flat-rate portion of the pension payable under the provisions of the Agreement is determined by multiplying the amount of the flat-rate pension determined under the provisions of the Québec Pension Plan by the fraction which represents the ratio of the periods of contributions to the Québec Pension Plan in relation to the contributory period as defined in the legislation relating to that Plan.

CHAPTER III

PROVISIONS RELATING TO HEALTH BENEFITS

ARTICLE 21

PRINCIPLE OF TOTALIZATION

For acquisition, maintenance or recovery of entitlement to benefits, the periods of insurance completed under the legislation of each Party shall be totalized provided they do not overlap.

ARTICLE 22

TRANSFER OF RESIDENCE

(1) Persons insured under the legislation of Belgium, who transfer residence from Belgium to Québec, receive, as well as the family members accompanying them, as of the date of their arrival, benefits provided for by the legislation of Québec.

The same applies to insured persons who stay in Québec to work and to family members who accompany them, regardless of the duration of stay, provided that these persons have the required immigration document to work in Québec.

(2) Persons insured under the legislation of Québec, who transfer their residence from Québec to Belgium, receive, as well as the family members accompanying them, benefits provided for in the legislation of Belgium, in accordance with the conditions provided for in that legislation.

ARTICLE 23

FAMILY MEMBERS RESIDING IN THE TERRITORY OF THE OTHER PARTY

(1) The family members of a person subject to the legislation of one Party who reside in the territory of the other Party receive the benefits in the territory of that other Party.

(2) Benefits in kind are provided by the body of the place of residence according to the provisions of the legislation it administers and the cost of these benefits shall be borne by the competent body.

(3) Paragraphs 1 and 2 do not apply to family members if they are entitled to the benefits under the legislation of the Party in whose territory they reside.

ARTICLE 24

DETACHED OR INDEPENDENT WORKERS

(1) Persons who, under Articles 8 and 11, are subject to the legislation of one Party, as well as the family members accompanying them, receive benefits for the duration of their stay in the territory of the other Party.

(2) Benefits shall be provided by the body of the place of stay according to the provisions of the legislation it administers and the cost of these benefits shall be borne by the competent body.

ARTICLE 25

PENSION BENEFICIARIES

(1) The beneficiaries of old age, survivors’ or disability pensions, owed under the legislations of both Parties, shall receive benefits for themselves and their family members in accordance with the legislation of the Party in whose territory they reside and the cost of these benefits shall be borne by the competent body of that Party.

(2) Beneficiaries of old age, survivors’ or disability pensions, owed exclusively under the legislation of one Party, who reside in the territory of the other Party, shall receive benefits for themselves and their family members. The benefits are provided by the body of the place of residence according to the provisions of the legislation it administers and the cost of these benefits shall be borne by the competent body.

ARTICLE 26

STUDENTS, RESEARCHERS AND TRAINEES

(1) To the extent that entitlement to benefits is not conferred in the territory of stay, persons entitled to benefits under the legislation of one Party who pursue studies in the territory of the other Party shall receive, as well as family members accompanying them, benefits for the duration of the studies in the territory of the other Party.

(2) Paragraph 1 shall apply by analogy to persons serving a college or university level training period or doing research at the graduate or postgraduate level.

(3) For the purposes of paragraph 1, study shall mean being enrolled full time in the school system, at college or university level, for a minimum of three months with a view to obtaining a diploma recognized by the Ministère de l’Éducation, du Loisir et du Sport du Québec or the Ministère de l’Enseignement supérieur, de la Recherche, de la Science et de la Technologie or by equivalent authorities in Belgium.

(4) For the purposes of paragraph 2, the expression “training period” designates any training period, regardless of the nature of the establishment, in a study program and recognized as such by the trainee’s home educational institution.

(5) Benefits shall be provided by the body of the place of stay according to the provisions of the legislation it administers and the cost of these benefits shall be borne by the competent body.

ARTICLE 27

REIMBURSEMENT BETWEEN BODIES

(1) The actual amount of benefits provided under the provisions of Articles 23, 24, paragraph 2 of Article 25 and Article 26 shall be reimbursed by the competent body to the body having provided the said benefits, according to the terms and conditions provided for in the Administrative Arrangement.

(2) The competent authorities may decide, by mutual agreement, to renounce all or part of the reimbursement provided for in paragraph 1.

CHAPTER IV

PROVISIONS RELATING TO WORK ACCIDENT AND OCCUPATIONAL DISEASE BENEFITS

ARTICLE 28

STAY OR RESIDENCE IN THE TERRITORY OF THE OTHER PARTY

(1) Persons who, because of a work accident or occupational disease, acquire entitlement or are entitled to benefits in kind in accordance with the legislation of a Party, shall receive, in case of a stay or of residence in the territory of the other Party, benefits in kind.

(2) Benefits in kind shall be provided by the body of the place of stay or of residence according to the provisions of the legislation it administers, the duration of the award of benefits being however governed by the legislation of the competent Party. The cost of these benefits shall be borne by the competent body.

(3) Benefits in cash shall be paid by the competent body according to the provisions of the legislation it administers.

ARTICLE 29

REIMBURSEMENT BETWEEN ORGANIZATIONS

(1) The actual amount of benefits in kind provided under Article 28 shall be reimbursed by the competent body to the body that provided the said benefits according to the terms and conditions provided for in the Administrative Arrangement.

(2) The competent authorities may decide, by mutual agreement, to renounce all or part of the reimbursement provided for in paragraph 1.

ARTICLE 30

ASSESSMENT OF THE DEGREE OF DISABILITY

If the legislation of one Party provides implicitly or explicitly that work accidents or occupational diseases that occurred previously are taken into consideration to assess the degree of disability, work accidents and occupational diseases that occurred previously under the legislation of the other Party shall be deemed to have occurred under the legislation of the first Party.

ARTICLE 31

EXPOSITION UNDER THE LEGISLATION OF BOTH PARTIES

When the victim of an occupational disease has exercised an activity likely to have caused the said disease under the legislation of both Parties, the benefits which the victim or the victim’s survivors may claim shall be granted exclusively under the legislation under which the activity was last exercised and provided the interested person meets the conditions provided for in that legislation, taking into account, if applicable, the provisions of Article 32.

ARTICLE 32

EXTENSION OF THE CONDITIONS FOR AWARD

(1) If the award of occupational disease benefits under the legislation of one Party is subject to the condition that the disease be first diagnosed in the territory of that Party, the condition shall be considered met when the disease is first diagnosed in the territory of the other Party.

(2) If the award of occupational disease benefits is subject to the condition that the disease be diagnosed within a fixed period of time after the cessation of the last work likely to have caused the disease, the competent body, in determining when that last work was performed, shall take into account, when necessary, similar work performed under the legislation of the other Party, as if it had been performed under the legislation it administers.

(3) If the award of occupational disease benefits is subject to the condition that work likely to have caused the disease be performed for a certain period of time, the competent body shall take into account, when necessary, periods during which such work was performed under the legislation of the other Party, as if it had been performed under the legislation it administers.

ARTICLE 33

AGGRAVATION OF AN OCCUPATIONAL DISEASE

In case of an aggravation of an occupational disease for which a person received or receives benefits under the legislation of one Party, the following provisions shall apply:

(a) if the person did not perform under the legislation of the other Party work likely to have caused an aggravation of the occupational disease, the competent body of the first Party must bear the cost of these benefits, taking into account the aggravation according to the provisions of the legislation it administers;

(b) if the person performed work likely to have caused an aggravation of the occupational disease under the legislation of the other Party, the competent body of the first Party must bear the cost of these benefits, without taking into account the aggravation, according to the legislation it administers; the competent body of the other Party grants the person a supplement the amount of which shall be determined according to the provisions of the legislation it administers and is equal to the difference between the amount of the benefit owed after the aggravation and the amount of the benefit that would have been owed before the aggravation.

PART IV

MISCELLANEOUS PROVISIONS

ARTICLE 34

RESPONSIBILITIES OF THE COMPETENT AUTHORITIES

The competent authorities shall

(a) take all the administrative measures necessary to apply the Agreement and designate liaison agencies;

(b) define the administrative assistance procedures, including the apportionment of expenses related to the obtaining of medical, administrative and other certificates required for the purposes of the Agreement;

(c) communicate directly any information concerning the measures taken for the purposes of the Agreement;

(d) communicate directly, as soon as possible, any modification to their legislation likely to affect the application of the Agreement.

ARTICLE 35

ADMINISTRATIVE COOPERATION

(1) For the application of the Agreement, the competent authorities and competent bodies of each Party shall assist each other. This assistance is as a rule free of charge; however, the competent authorities may agree to reimburse certain costs.

(2) Any exemption or reduction provided for in the legislation of one Party for taxes, stamp duty, court office or registration for materials or documents to be submitted under the legislation of that Party shall be extended to similar materials and documents to be submitted under the legislation of the other Party.

(3) All deeds and documents to be submitted under the Agreement shall be exempt from authentication by the diplomatic or consular authorities.

(4) For the application of the Agreement, the competent authorities and competent bodies of the Parties shall be authorized to correspond directly between them and with any person, regardless of his or her place of residence. The correspondence may be in one of the official languages of the Parties.

ARTICLE 36

PROTECTION OF PERSONAL INFORMATION

(1) In this Article, “information” means any information from which the identity of a natural or a legal person may be easily established.

(2) Unless disclosure is required under the legislation of one Party, any information communicated by a body of one Party to the body of the other Party shall be confidential and shall be used exclusively for the application of the Agreement.

(3) Access to a file containing personal information shall be subject to the legislation of the Party in whose territory the file is located.

ARTICLE 37

CLAIM FOR PENSIONS OR BENEFITS

(1) To be entitled to a pension or a benefit under the Agreement, a person must file a claim in accordance with the terms and conditions set out in the Administrative Arrangement.

(2) A claim for a pension or benefit filed under the legislation of one Party after the date of coming into force of the Agreement shall be deemed to be a claim for a corresponding pension or benefit under the legislation of the other Party

(a) where a person asks that the claim be considered as a claim under the legislation of the other Party; or

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

The date of filing of the claim is presumed to be the date on which the claim was filed in accordance with the legislation of the first Party.

(3) The presumption set out in paragraph 2 shall not prevent a person from requesting that a claim for a pension or benefits under the legislation of the other Party be deferred.

ARTICLE 38

DECLARATION AND RECOURSE

The declarations or recourses that should have been submitted under the legislation of one Party, in a fixed time period, to an authority, body or jurisdiction of that Party, are receivable if they are submitted in the same time period to an authority, body or jurisdiction of the other Party. In that case, the authority, body or jurisdiction thus seized shall send immediately the declarations and recourses to the authority, body or jurisdiction of the first Party, directly or through the competent authorities of the Parties. The date on which the declarations or recourses have been submitted to an authority, body or jurisdiction of the other Party is considered to be the date of submission to the competent authority, body or jurisdiction of the other Party.

ARTICLE 39

LANGUAGE OF CORRESPONDENCE

A claim or a document may not be rejected because it is written in an official language of the other Party.

ARTICLE 40

PAYMENT OF PENSIONS AND BENEFITS

Bodies owing pensions or benefits under the Agreement may pay them in the currency of their State, without any deduction for administration costs.

Transfers resulting from the application of the Agreement shall be done in accordance with the agreements in force on that subject between the Parties.

The provisions of the legislation of one Party respecting currency control may not hinder the free transfer of financial amounts resulting from the application of this Agreement.

ARTICLE 41

SETTLEMENT OF DISPUTES

Disputes concerning the interpretation or the application of the Agreement shall be settled, to the extent possible, by the competent authorities.

PART V

TRANSITIONAL AND FINAL

ARTICLE 42

EVENTS THAT OCCURRED BEFORE THE COMING INTO FORCE OF THE AGREEMENT

(1) The Agreement shall also apply to events that occurred before the coming into force of the Agreement.

(2) The Agreement shall not confer any right to pensions or benefits for a period prior to the date of coming into force of the Agreement or to death benefits related to an event prior to that date.

(3) A period of insurance completed under the legislation of one Party prior to the date of coming into force of the Agreement shall be taken into consideration for the purpose of determining entitlement to a pension under the Agreement.

(4) The Agreement shall not apply to the rights liquidated by the awarding of a lump sum indemnity or by the reimbursement of contributions.

ARTICLE 43

REVISION, PRESCRIPTION, FORFEITURE

(1) Any pension or benefit that has not been liquidated or that has been suspended because of the nationality of the interested person or the person’s residence in the territory of a Party other than the Party where the debtor body is located is, at the request of the person, liquidated or resumed as of the coming into force of the Agreement.

(2) The rights of the interested persons having obtained, prior the coming into force of the Agreement, the liquidation of a pension or a benefit shall be revised at their request, taking into account the provisions of the Agreement. Such a revision shall at no time have the effect of reducing the prior rights of the interested persons.

(3) If the request referred to in paragraph 1 or 2 of this Article is made within two years after the date of coming into force of the Agreement, the rights conferred according to the provisions of the Agreement shall be acquired as of that date, and the provisions of the legislation of either Party related to forfeiture or prescription of rights are not enforceable against the interested person.

(4) If the request referred to in paragraph 1 or 2 of this Article is made after a period of two years following the date of coming into force of the Agreement, the rights that are not forfeited or prescribed shall be acquired as of the date of the request, subject to more favourable provisions in the legislation of the Party involved.

(5) If a pension is payable under paragraph 1 of Article 12 or paragraph 1 of Article 20 and the request for that pension is made within two years after the date of coming into force of the Agreement, the rights conferred in accordance with the provisions of the Agreement shall be acquired as of that date or as of the date of the event conferring the right to the pension if the latter date comes after, notwithstanding the provisions of the legislation of either Party related to forfeiture or prescription of rights.

ARTICLE 44

TERM

The Agreement is entered into for an indefinite term. It may be denounced by either Party by written notice to the other Party with prior notice of 12 months.

ARTICLE 45

GUARANTEE OF RIGHTS ACQUIRED OR IN THE PROCESS OF BEING ACQUIRED

If the Agreement is terminated by denunciation, rights regarding entitlement to and payment of pensions acquired under it shall be maintained. The Parties shall make arrangements dealing with rights in the process of being acquired.

ARTICLE 46

COMING INTO FORCE

The Agreement comes into force on the first day of the third month following the date of receipt of the notice through which the last of the two Parties will have indicated to the other Party that the legal formalities required are fulfilled.

In witness whereof the undersigned, duly authorized, have signed the Agreement.

Done at Québec on 28 March 2006, in two copies, in French and in Dutch, both texts being equally authentic.

For the competent authority of Québec

_____________________________________

ALAIN CLOUTIER

For the competent authority of Belgium

_____________________________________

GODELIEVE VAN DEN BERGH

O.C. 561-2010, Sch. 1; S.Q. 2013, c. 28, s. 205.

2012-09-01

SCHEDULE 1

(s. 1)

AGREEMENT ON SOCIAL SECURITY BETWEEN QUÉBEC AND THE KINGDOM OF BELGIUM

THE GOUVERNEMENT DU QUÉBEC

AND

THE GOVERNMENT OF THE KINGDOM OF BELGIUM HAVING RESOLVED TO GUARANTEE TO THEIR INSURED THE ADVANTAGES OF THE COORDINATION OF THEIR SOCIAL SECURITY LEGISLATIONS

HAVE AGREED AS FOLLOWS:

PART I

GENERAL

ARTICLE 1

DEFINITIONS

(1) In the Agreement,

(a) “national” means

as regards Belgium: a person of Belgian nationality;

as regards Québec: a person of Canadian citizenship who is subject to the legislation referred to in subparagraph b of paragraph 1 of Article 2 or who has been subject to that legislation and has acquired rights under that legislation;

(b) “legislation” means the statutes and regulations referred to in Article 2;

(c) “competent authority” means the Ministers responsible, each to the extent of his or her responsibilities, for the administration of the legislation referred to in Article 2;

(d) “body” means the institution, organization or authority responsible for administering all or part of the legislation referred to in Article 2;

(e) “period of insurance” means

as regards Belgium: any period recognized as such by the legislation under which that period was completed as well as any period recognized by that legislation as equivalent to a period of insurance;

as regards Québec: any year for which contributions have been paid or for which a disability pension has been paid under the Act respecting the Québec Pension Plan (chapter R-9) or any other year considered as equivalent; for the purposes of Chapter 3 of Part III, eligibility periods under the legislation relating to Québec’s health insurance;

(f) “pension” means any pension, annuity, lump sum or other benefit in cash, including any supplement or increase applicable under the legislation referred to in Article 2;

(g) “benefit” means any benefit in kind or in cash provided under the legislation of each Party, including any supplement or increase applicable under the legislation referred to in Article 2;

(h) “family member” means

as regards Belgium: any person defined or admitted as family member or designated as member of the household by the legislation of Belgium or, in the case referred to in Article 24, by the legislation of Québec;

as regards Québec: the spouse and dependants as defined in the legislation relating to Québec’s health insurance or, in the case referred to in Article 24, by the legislation of Belgium;

(i) “stateless person” means a person defined as stateless in Article 1 of the Convention Relating to the Status of Stateless Persons of 28 September 1954;

(j) “refugee” means a person who has obtained the recognition of the status of refugee under the Convention Relating to the Status of Refugees of 28 July 1951 and the additional Protocol of 31 January 1967.

(2) Any term not defined in paragraph 1 of this Article has the meaning given to it under the applicable legislation.

ARTICLE 2

MATERIAL SCOPE

(1) The Agreement shall apply

(a) as regards Belgium, to the legislation concerning:

i. retirement and survivors’ pensions for salaried workers and for self-employed workers;

ii. disability benefits for salaried workers, mine workers, seamen of the merchant marine and self-employed workers;

iii. sickness insurance for salaried and self-employed workers;

iv. work accidents and occupational diseases;

and, with regard to Part II, to the legislation concerning:

v. social security for salaried workers;

vi. the social status of self-employed workers;

(b) as regards Québec, to the legislation concerning:

i. the Québec Pension Plan;

ii. health insurance, hospital insurance, prescription drug insurance and other health services;

iii. industrial accidents and occupational diseases.

(2) The Agreement shall also apply to any statutory or regulatory act which amends, adds to or replaces the legislation referred to in paragraph 1 of this Article.

The Agreement shall apply to any statutory or regulatory act which extends the existing plans to new categories of beneficiaries or to new pensions; notwithstanding the foregoing, that Party may, within six months of the date of official publication of the statutory or regulatory act, notify the other Party that the Agreement shall not apply to it.

This Agreement shall not apply to a statutory or regulatory act covering a new branch of social security, unless an agreement is reached between the Parties to that effect.

ARTICLE 3

PERSONAL SCOPE

(1) Unless otherwise provided, this Agreement shall apply, as regards Belgium:

(a) to persons who are or who have been subject to the legislation and who are nationals of one Party, as well as their family members and their survivors;

(b) to survivors and family members of persons who have been subject to the legislation of Belgium, regardless of their nationality, if the survivors or family members are nationals of one Party.

(2) For the purposes of paragraph 1, refugees, stateless persons, members of their family and their survivors are considered to be nationals of one Party, provided they reside in the territory of one Party.

(3) Unless otherwise provided, this Agreement shall apply, as regards Québec, to persons who are or who have been subject to it’s legislation and to their dependants, survivors and beneficiaries.

(4) Unless otherwise provided, Articles 7 to 11 apply regardless of nationality.

ARTICLE 4

EQUALITY OF TREATMENT

Unless otherwise provided in the Agreement, the persons referred to in Article 3 shall be subject to the obligations and shall be eligible for the benefits under the legislation of the other Party, under the same conditions as nationals of that Party.

ARTICLE 5

EXPORT OF PENSIONS AND BENEFITS

(1) Unless otherwise provided in the Agreement, retirement, survivors’ and disability pensions and industrial accident and occupational disease cash benefits acquired under the legislation of one Party, or under the Agreement, shall not be subject to any reduction, modification, suspension, suppression or confiscation by reason only of the fact that the beneficiary resides or is staying in the territory of the other Party; these pensions and benefits shall be payable in the territory of the other Party.

(2) Retirement and survivors’ pensions and industrial accident and occupational disease cash benefits payable under the Agreement by one Party in the territory of the other Party shall also be payable outside the territories of both Parties, under the same conditions that the first Party applies to its nationals under its own legislation.

ARTICLE 6

REDUCTION AND SUSPENSION CLAUSES

Reduction and suspension clauses under the legislation of one Party, in case of accumulation of a pension or benefit with other social security benefits or income obtained from the exercise of a professional activity, are opposable to the beneficiaries even when the benefits are acquired under the other Party’s plan or if the income is obtained from a professional activity exercised in the territory of the other Party.

This rule does not apply to the accumulation of two pensions or benefits of the same nature.

PART II

APPLICABLE STATUTES

ARTICLE 7

GENERAL RULE

Subject to Articles 8 to 11, workers exercising a professional activity in the territory of one Party shall be subject to the legislation of that Party.

ARTICLE 8

SPECIAL RULES

(1) Salaried workers who, while in the service of an undertaking having in the territory of one Party an establishment for which they normally work, are detached by the undertaking in the territory of the other Party to perform work on behalf of that undertaking, remain, as well as the family members accompanying them, subject to the legislation of the first Party as if they continued to be employed in its territory provided that the expected duration of the work they must perform does not exceed 24 months.

(2) Paragraph 1 applies even if the work performed in the territory of the other Party is considered to be an independent activity under the legislation of that Party.

(3) Self-employed workers who exercise a professional activity in the territory of both Parties are subject only to the legislation of the Party in whose territory they ordinarily reside.

To determine the amount of contributions owed under the legislation of that Party, self-employed professional income earned in the territory of both Parties may be taken into account.

(4) In the case of simultaneous exercise of a self-employed professional activity in Belgium and paid employment in Québec, the latter activity is considered to be employment exercised in Belgium, to determine the obligations resulting from the Belgian legislation relating to the social status of self-employed workers

ARTICLE 9

SALARIED WORKERS EMPLOYED BY AN INTERNATIONAL CARRIER

(1) Salaried workers who work in the territory of both Parties as travelling personnel for an international carrier which transports passengers or goods by air or by sea, and which has its head office in the territory of one Party, shall, with respect to such work, be subject only to the legislation of the Party in whose territory the head office is located.

(2) However, if the undertaking has, in the territory of the other Party, a branch or permanent agency, the salaried workers that branch or agency employs are subject to the legislation of the Party in the territory in which the branch or agency is located, except for the salaried workers who are sent there on a temporary basis.

(3) If salaried workers work for the most part in the territory of the Party in which they reside, they shall, with respect to such work, be subject only to the legislation of that Party, even if the carrier employing them has no head office, branch or permanent agency in that territory.

ARTICLE 10

PERSONS EMPLOYED ON BEHALF OF A PUBLIC AUTHORITY

(1) Persons employed on behalf of a public authority of one Party and assigned to a posting in the territory of the other Party shall be subject only to the legislation of the first Party for all matters relative to that post.

(2) Persons residing permanently in the territory of one Party and employed on behalf of a public authority of the other Party, shall, with respect to that employment, be subject only to the legislation applicable in that territory. However, if those persons are nationals of the Party employing them, they may, within six months from the start of the employment or the coming into force of the Agreement, elect to be subject only to the legislation of that Party.

(3) As regards Québec, the term “public authority” means the Gouvernement du Québec.

ARTICLE 11

DEROGATIONS

The competent authorities may, by mutual agreement, derogate from the provisions of Articles 7 to 10 with respect to any worker or category of workers.

PART III

PROVISIONS RELATING TO PENSIONS AND BENEFITS

CHAPTER I

PROVISIONS RELATING TO BELGIAN PENSIONS

SECTION A

RETIREMENT AND SURVIVORS’ PENSIONS

ARTICLE 12

(1) Subject to the provisions of paragraph 2, the periods referred to in subparagraphs a and b of paragraph 4 are totalized to the extent necessary, provided that they do not overlap, with periods of insurance completed under the legislation of Belgium, for the acquisition, maintenance or recovery of the entitlement to pensions

(2) When the legislation of Belgium subordinates the award of certain pensions to the condition that the periods of insurance have been completed in a determined profession, only the periods referred to in subparagraphs a and b of paragraph 4 during which the same profession was exercised in Québec are totalized for entitlement to the pensions.

(3) When the legislation of Belgium subordinates the award of certain pensions to the condition that the periods of insurance have been completed in a determined profession and when the periods did not give entitlement to the said pensions, the said periods are considered to be valid for the payment of pensions provided for in the general plan for salaried workers.

(4) When the competent body resorts to totalization,

(a) it shall recognize 12 months of contributions under the legislation of Belgium for each period of insurance certified by the competent body in Québec;

(b) where entitlement to a pension is not conferred despite the application of subparagraph a, it shall recognize one month of contribution under the legislation of Belgium, when that month is considered to be a month of residence within the meaning of the Old Age Security Act (R.S.C. 1985, c. O-9) that applies in the territory of Québec, provided that that month does not overlap a period of insurance completed under the legislation of Québec;

(c) it shall totalize, in accordance with paragraph 1 or 2, the periods of insurance completed under its legislation and the months recognized under subparagraphs a and b.

ARTICLE 13

(1) When a person meets the conditions required under the legislation of Belgium to be entitled to the pensions without having recourse to totalization, the Belgian body shall calculate the entitlement to the pension directly on the basis of periods of insurance completed in Belgium and according only to the legislation of Belgium.

That body shall also calculate the amount of the pension that would be obtained by applying the rules provided for in subparagraphs a and b of paragraph 2. Only the higher amount is kept.

(2) If a person may claim a pension under the legislation of Belgium, entitlement to which is conferred only by applying the totalization provided for in Article 12, the following rules shall apply:

(a) the Belgian body shall calculate the theoretical amount of the pension that would be owed if all the periods totalized under Article 12 had been completed only under the legislation it applies;

(b) the Belgian body shall then calculate the amount owed, on the basis of the amount referred to in subparagraph a, in proportion to the duration of the periods of insurance completed under its legislation in relation to the duration of all periods calculated under subparagraph a.

SECTION B

DISABILITY

ARTICLE 14

For the acquisition, maintenance or recovery of entitlement to disability pensions, the provisions of Article 12 shall apply by analogy.

ARTICLE 15

(1) If entitlement to Belgian disability pensions is conferred only by totalization of the Québec and Belgian periods in accordance with Article 14, the amount of the pension owed shall be determined according to the terms and conditions in paragraph 2 of Article 13.

(2) Where entitlement to Belgian disability pensions is conferred without having recourse to Article 14, and the amount resulting from the addition of the Québec pension and the Belgian pension calculated according to paragraph 1 of this Article is lower than the amount of the pension owed under the Belgian legislation only, the competent Belgian institution shall grant a supplement equal to the difference between the sum of the two pensions mentioned above and the amount owed under the sole legislation of Belgium.

ARTICLE 16

Notwithstanding the provisions of Article 14, in the cases referred to in paragraph 1 of Article 15, no disability pension shall be owed by Belgium where the periods of insurance completed under its legislation, prior to the occurrence of the event, do not reach, as a whole, one year.

ARTICLE 17

(1) By derogation to the provisions of paragraph 1 of Article 12 and Article 16, entitlement to disability pensions of workers who have worked in mines or quarries with underground operations in Belgium and Québec shall be determined following the rules defined in Article 13, when, considering the periods totalized for that purpose, these workers fulfill the conditions provided for in the special legislation of Belgium on the disability of mine workers and equivalent workers.

(2) For the purposes of paragraph 1, the periods referred to in paragraph 4 of Article 12, during which the same profession was exercised in Québec for the acquisition and determination of entitlement, shall be totalized with the periods of actual occupation or equivalent periods in Belgian mines or quarries with underground operations.

(3) If, taking into account the periods thus totalized, the interested person does not meet the conditions required to receive pensions under the special legislation of Belgium concerning the disability of mine workers and equivalent workers, the periods of actual occupation or equivalent periods in Belgian mines or quarries with underground operations are taken into account for awarding pensions from the disability insurance plan for salaried workers.

ARTICLE 18

In case of transfer of residence and temporary stay in the territory of Québec, the competent authority of Belgium may require that the beneficiary of a disability pension obtain authorization by the competent Belgian body. Authorization may only be refused if the displacement of the interested person is not advisable for medical reasons.

SECTION C

PROVISIONS COMMON TO BELGIAN PENSIONS

ARTICLE 19

(1) If, because of the increase of the cost of living, the variation of the level of salaries or other cause for adjustment, Québec pensions are modified by a determined percentage or amount, Belgian pensions shall not be recalculated

(2) In case of a modification to the method of establishment or to the rules for the calculation of Québec pensions, a new calculation of the Belgian pension shall be performed in accordance with Article 13.

CHAPTER II

PROVISIONS RELATING TO QUÉBEC PENSIONS

ARTICLE 20

(1) For the acquisition, maintenance or recovery of entitlement to Québec pensions, the periods of insurance completed, in accordance with the legislation of each Party, shall be totalized, to the extent necessary, provided they do not overlap.

(2) If persons who have been subject to the legislation of both Parties meet the requirements for entitlement to a pension, for themselves or for dependents, survivors or beneficiaries, under Québec legislation, without having recourse to the totalization referred to in paragraph 1, the competent body of Québec shall determine the amount of the pensions in accordance with the provisions of the legislation it administers.

(3) If the persons referred to in paragraph 2 do not meet the requirements for entitlement to a pension without totalization, the competent body of Québec shall:

(a) recognize one year of contribution when the competent body of Belgium certifies that a period of insurance of at least 3 months or 78 days in a calendar year has been credited under the legislation of Belgium, provided that the year is included in the contributory period defined in Québec legislation; and

(b) totalize years recognized under subparagraph a with periods of insurance completed under Québec legislation, in accordance with paragraph 1.

(4) If the totalization provided for in paragraph 3 entitles persons to a pension, the competent body of Québec shall determine the amount payable by adding the amounts calculated in accordance with the following subparagraphs a and b

(a) that part of the pension related to earnings is calculated according to the provisions of the legislation of Québec;

(b) the amount of the flat-rate portion of the pension payable under the provisions of the Agreement is determined by multiplying the amount of the flat-rate pension determined under the provisions of the Québec Pension Plan by the fraction which represents the ratio of the periods of contributions to the Québec Pension Plan in relation to the contributory period as defined in the legislation relating to that Plan.

CHAPTER III

PROVISIONS RELATING TO HEALTH BENEFITS

ARTICLE 21

PRINCIPLE OF TOTALIZATION

For acquisition, maintenance or recovery of entitlement to benefits, the periods of insurance completed under the legislation of each Party shall be totalized provided they do not overlap.

ARTICLE 22

TRANSFER OF RESIDENCE

(1) Persons insured under the legislation of Belgium, who transfer residence from Belgium to Québec, receive, as well as the family members accompanying them, as of the date of their arrival, benefits provided for by the legislation of Québec.

The same applies to insured persons who stay in Québec to work and to family members who accompany them, regardless of the duration of stay, provided that these persons have the required immigration document to work in Québec.

(2) Persons insured under the legislation of Québec, who transfer their residence from Québec to Belgium, receive, as well as the family members accompanying them, benefits provided for in the legislation of Belgium, in accordance with the conditions provided for in that legislation.

ARTICLE 23

FAMILY MEMBERS RESIDING IN THE TERRITORY OF THE OTHER PARTY

(1) The family members of a person subject to the legislation of one Party who reside in the territory of the other Party receive the benefits in the territory of that other Party.

(2) Benefits in kind are provided by the body of the place of residence according to the provisions of the legislation it administers and the cost of these benefits shall be borne by the competent body.

(3) Paragraphs 1 and 2 do not apply to family members if they are entitled to the benefits under the legislation of the Party in whose territory they reside.

ARTICLE 24

DETACHED OR INDEPENDENT WORKERS

(1) Persons who, under Articles 8 and 11, are subject to the legislation of one Party, as well as the family members accompanying them, receive benefits for the duration of their stay in the territory of the other Party.

(2) Benefits shall be provided by the body of the place of stay according to the provisions of the legislation it administers and the cost of these benefits shall be borne by the competent body.

ARTICLE 25

PENSION BENEFICIARIES

(1) The beneficiaries of old age, survivors’ or disability pensions, owed under the legislations of both Parties, shall receive benefits for themselves and their family members in accordance with the legislation of the Party in whose territory they reside and the cost of these benefits shall be borne by the competent body of that Party.

(2) Beneficiaries of old age, survivors’ or disability pensions, owed exclusively under the legislation of one Party, who reside in the territory of the other Party, shall receive benefits for themselves and their family members. The benefits are provided by the body of the place of residence according to the provisions of the legislation it administers and the cost of these benefits shall be borne by the competent body.

ARTICLE 26

STUDENTS, RESEARCHERS AND TRAINEES

(1) To the extent that entitlement to benefits is not conferred in the territory of stay, persons entitled to benefits under the legislation of one Party who pursue studies in the territory of the other Party shall receive, as well as family members accompanying them, benefits for the duration of the studies in the territory of the other Party.

(2) Paragraph 1 shall apply by analogy to persons serving a college or university level training period or doing research at the graduate or postgraduate level.

(3) For the purposes of paragraph 1, study shall mean being enrolled full time in the school system, at college or university level, for a minimum of three months with a view to obtaining a diploma recognized by the Ministère de l’Éducation, du Loisir et du Sport du Québec or by equivalent authorities in Belgium.

(4) For the purposes of paragraph 2, the expression “training period” designates any training period, regardless of the nature of the establishment, in a study program and recognized as such by the trainee’s home educational institution.

(5) Benefits shall be provided by the body of the place of stay according to the provisions of the legislation it administers and the cost of these benefits shall be borne by the competent body.

ARTICLE 27

REIMBURSEMENT BETWEEN BODIES

(1) The actual amount of benefits provided under the provisions of Articles 23, 24, paragraph 2 of Article 25 and Article 26 shall be reimbursed by the competent body to the body having provided the said benefits, according to the terms and conditions provided for in the Administrative Arrangement.

(2) The competent authorities may decide, by mutual agreement, to renounce all or part of the reimbursement provided for in paragraph 1.

CHAPTER IV

PROVISIONS RELATING TO WORK ACCIDENT AND OCCUPATIONAL DISEASE BENEFITS

ARTICLE 28

STAY OR RESIDENCE IN THE TERRITORY OF THE OTHER PARTY

(1) Persons who, because of a work accident or occupational disease, acquire entitlement or are entitled to benefits in kind in accordance with the legislation of a Party, shall receive, in case of a stay or of residence in the territory of the other Party, benefits in kind.

(2) Benefits in kind shall be provided by the body of the place of stay or of residence according to the provisions of the legislation it administers, the duration of the award of benefits being however governed by the legislation of the competent Party. The cost of these benefits shall be borne by the competent body.

(3) Benefits in cash shall be paid by the competent body according to the provisions of the legislation it administers.

ARTICLE 29

REIMBURSEMENT BETWEEN ORGANIZATIONS

(1) The actual amount of benefits in kind provided under Article 28 shall be reimbursed by the competent body to the body that provided the said benefits according to the terms and conditions provided for in the Administrative Arrangement.

(2) The competent authorities may decide, by mutual agreement, to renounce all or part of the reimbursement provided for in paragraph 1.

ARTICLE 30

ASSESSMENT OF THE DEGREE OF DISABILITY

If the legislation of one Party provides implicitly or explicitly that work accidents or occupational diseases that occurred previously are taken into consideration to assess the degree of disability, work accidents and occupational diseases that occurred previously under the legislation of the other Party shall be deemed to have occurred under the legislation of the first Party.

ARTICLE 31

EXPOSITION UNDER THE LEGISLATION OF BOTH PARTIES

When the victim of an occupational disease has exercised an activity likely to have caused the said disease under the legislation of both Parties, the benefits which the victim or the victim’s survivors may claim shall be granted exclusively under the legislation under which the activity was last exercised and provided the interested person meets the conditions provided for in that legislation, taking into account, if applicable, the provisions of Article 32.

ARTICLE 32

EXTENSION OF THE CONDITIONS FOR AWARD

(1) If the award of occupational disease benefits under the legislation of one Party is subject to the condition that the disease be first diagnosed in the territory of that Party, the condition shall be considered met when the disease is first diagnosed in the territory of the other Party.

(2) If the award of occupational disease benefits is subject to the condition that the disease be diagnosed within a fixed period of time after the cessation of the last work likely to have caused the disease, the competent body, in determining when that last work was performed, shall take into account, when necessary, similar work performed under the legislation of the other Party, as if it had been performed under the legislation it administers.

(3) If the award of occupational disease benefits is subject to the condition that work likely to have caused the disease be performed for a certain period of time, the competent body shall take into account, when necessary, periods during which such work was performed under the legislation of the other Party, as if it had been performed under the legislation it administers.

ARTICLE 33

AGGRAVATION OF AN OCCUPATIONAL DISEASE

In case of an aggravation of an occupational disease for which a person received or receives benefits under the legislation of one Party, the following provisions shall apply:

(a) if the person did not perform under the legislation of the other Party work likely to have caused an aggravation of the occupational disease, the competent body of the first Party must bear the cost of these benefits, taking into account the aggravation according to the provisions of the legislation it administers;

(b) if the person performed work likely to have caused an aggravation of the occupational disease under the legislation of the other Party, the competent body of the first Party must bear the cost of these benefits, without taking into account the aggravation, according to the legislation it administers; the competent body of the other Party grants the person a supplement the amount of which shall be determined according to the provisions of the legislation it administers and is equal to the difference between the amount of the benefit owed after the aggravation and the amount of the benefit that would have been owed before the aggravation.

PART IV

MISCELLANEOUS PROVISIONS

ARTICLE 34

RESPONSIBILITIES OF THE COMPETENT AUTHORITIES

The competent authorities shall

(a) take all the administrative measures necessary to apply the Agreement and designate liaison agencies;

(b) define the administrative assistance procedures, including the apportionment of expenses related to the obtaining of medical, administrative and other certificates required for the purposes of the Agreement;

(c) communicate directly any information concerning the measures taken for the purposes of the Agreement;

(d) communicate directly, as soon as possible, any modification to their legislation likely to affect the application of the Agreement.

ARTICLE 35

ADMINISTRATIVE COOPERATION

(1) For the application of the Agreement, the competent authorities and competent bodies of each Party shall assist each other. This assistance is as a rule free of charge; however, the competent authorities may agree to reimburse certain costs.

(2) Any exemption or reduction provided for in the legislation of one Party for taxes, stamp duty, court office or registration for materials or documents to be submitted under the legislation of that Party shall be extended to similar materials and documents to be submitted under the legislation of the other Party.

(3) All deeds and documents to be submitted under the Agreement shall be exempt from authentication by the diplomatic or consular authorities.

(4) For the application of the Agreement, the competent authorities and competent bodies of the Parties shall be authorized to correspond directly between them and with any person, regardless of his or her place of residence. The correspondence may be in one of the official languages of the Parties.

ARTICLE 36

PROTECTION OF PERSONAL INFORMATION

(1) In this Article, “information” means any information from which the identity of a natural or a legal person may be easily established.

(2) Unless disclosure is required under the legislation of one Party, any information communicated by a body of one Party to the body of the other Party shall be confidential and shall be used exclusively for the application of the Agreement.

(3) Access to a file containing personal information shall be subject to the legislation of the Party in whose territory the file is located.

ARTICLE 37

CLAIM FOR PENSIONS OR BENEFITS

(1) To be entitled to a pension or a benefit under the Agreement, a person must file a claim in accordance with the terms and conditions set out in the Administrative Arrangement.

(2) A claim for a pension or benefit filed under the legislation of one Party after the date of coming into force of the Agreement shall be deemed to be a claim for a corresponding pension or benefit under the legislation of the other Party

(a) where a person asks that the claim be considered as a claim under the legislation of the other Party; or

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

The date of filing of the claim is presumed to be the date on which the claim was filed in accordance with the legislation of the first Party.

(3) The presumption set out in paragraph 2 shall not prevent a person from requesting that a claim for a pension or benefits under the legislation of the other Party be deferred.

ARTICLE 38

DECLARATION AND RECOURSE

The declarations or recourses that should have been submitted under the legislation of one Party, in a fixed time period, to an authority, body or jurisdiction of that Party, are receivable if they are submitted in the same time period to an authority, body or jurisdiction of the other Party. In that case, the authority, body or jurisdiction thus seized shall send immediately the declarations and recourses to the authority, body or jurisdiction of the first Party, directly or through the competent authorities of the Parties. The date on which the declarations or recourses have been submitted to an authority, body or jurisdiction of the other Party is considered to be the date of submission to the competent authority, body or jurisdiction of the other Party.

ARTICLE 39

LANGUAGE OF CORRESPONDENCE

A claim or a document may not be rejected because it is written in an official language of the other Party.

ARTICLE 40

PAYMENT OF PENSIONS AND BENEFITS

Bodies owing pensions or benefits under the Agreement may pay them in the currency of their State, without any deduction for administration costs.

Transfers resulting from the application of the Agreement shall be done in accordance with the agreements in force on that subject between the Parties.

The provisions of the legislation of one Party respecting currency control may not hinder the free transfer of financial amounts resulting from the application of this Agreement.

ARTICLE 41

SETTLEMENT OF DISPUTES

Disputes concerning the interpretation or the application of the Agreement shall be settled, to the extent possible, by the competent authorities.

PART V

TRANSITIONAL AND FINAL

ARTICLE 42

EVENTS THAT OCCURRED BEFORE THE COMING INTO FORCE OF THE AGREEMENT

(1) The Agreement shall also apply to events that occurred before the coming into force of the Agreement.

(2) The Agreement shall not confer any right to pensions or benefits for a period prior to the date of coming into force of the Agreement or to death benefits related to an event prior to that date.

(3) A period of insurance completed under the legislation of one Party prior to the date of coming into force of the Agreement shall be taken into consideration for the purpose of determining entitlement to a pension under the Agreement.

(4) The Agreement shall not apply to the rights liquidated by the awarding of a lump sum indemnity or by the reimbursement of contributions.

ARTICLE 43

REVISION, PRESCRIPTION, FORFEITURE

(1) Any pension or benefit that has not been liquidated or that has been suspended because of the nationality of the interested person or the person’s residence in the territory of a Party other than the Party where the debtor body is located is, at the request of the person, liquidated or resumed as of the coming into force of the Agreement.

(2) The rights of the interested persons having obtained, prior the coming into force of the Agreement, the liquidation of a pension or a benefit shall be revised at their request, taking into account the provisions of the Agreement. Such a revision shall at no time have the effect of reducing the prior rights of the interested persons.

(3) If the request referred to in paragraph 1 or 2 of this Article is made within two years after the date of coming into force of the Agreement, the rights conferred according to the provisions of the Agreement shall be acquired as of that date, and the provisions of the legislation of either Party related to forfeiture or prescription of rights are not enforceable against the interested person.

(4) If the request referred to in paragraph 1 or 2 of this Article is made after a period of two years following the date of coming into force of the Agreement, the rights that are not forfeited or prescribed shall be acquired as of the date of the request, subject to more favourable provisions in the legislation of the Party involved.

(5) If a pension is payable under paragraph 1 of Article 12 or paragraph 1 of Article 20 and the request for that pension is made within two years after the date of coming into force of the Agreement, the rights conferred in accordance with the provisions of the Agreement shall be acquired as of that date or as of the date of the event conferring the right to the pension if the latter date comes after, notwithstanding the provisions of the legislation of either Party related to forfeiture or prescription of rights.

ARTICLE 44

TERM

The Agreement is entered into for an indefinite term. It may be denounced by either Party by written notice to the other Party with prior notice of 12 months.

ARTICLE 45

GUARANTEE OF RIGHTS ACQUIRED OR IN THE PROCESS OF BEING ACQUIRED

If the Agreement is terminated by denunciation, rights regarding entitlement to and payment of pensions acquired under it shall be maintained. The Parties shall make arrangements dealing with rights in the process of being acquired.

ARTICLE 46

COMING INTO FORCE

The Agreement comes into force on the first day of the third month following the date of receipt of the notice through which the last of the two Parties will have indicated to the other Party that the legal formalities required are fulfilled.

In witness whereof the undersigned, duly authorized, have signed the Agreement.

Done at Québec on 28 March 2006, in two copies, in French and in Dutch, both texts being equally authentic.

For the competent authority of Québec

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ALAIN CLOUTIER

For the competent authority of Belgium

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GODELIEVE VAN DEN BERGH

O.C. 561-2010, Sch. 1.