R-9, r. 15 - Regulation respecting the implementation of the Agreement on Social Security between the Gouvernement du Québec and the Government of the Kingdom of Denmark

Schedule Disposition versions

2012-09-01

SCHEDULE II

(s. 2)

ADMINISTRATIVE ARRANGEMENT TO THE AGREEMENT ON SOCIAL SECURITY BETWEEN QUÉBEC AND DANEMARK

The Gouvernement du Québec

and

The Government of the Kingdom of Denmark,

Taking into consideration Article 27 of the Agreement on Social Security between the Gouvernement du Québec and the Government of the Kingdom of Denmark, hereinafter called the «Agreement»,

Desirous of implementing the Agreement,

Have agreed to the following provisions:

Article 1

Definitions

The terms used in the Administrative Arrangement have the same meaning as in the Agreement.

Article 2

Liaison Agencies

In accordance with the provisions of Paragraph 2 of Article 27 of the Agreement, the liaison agencies designated by each of the Parties are:

(a) for Québec, the Secrétariat de l’administration des Ententes de sécurité sociale, or any other agency the competent authority of Québec may subsequently designate;

(b) for Denmark, the National Social Insurance Office, or any other agency the competent authority of Denmark may subsequently designate.

Article 3

Certificate of Coverage

1. In the cases referred to in Article 8 of the Agreement, a certificate of coverage is issued by the liaison agency whose legislation applies.

2. The liaison agency that issues the certificate of coverage sends a copy of that certificate to the liaison agency of the other Party, to the person on assignment and to his employer.

Article 4

Retirement Benefits, Disability Benefits and Survivor’s Benefits

1. For the purposes of Chapter I of Title III of the Agreement, an application for benefits may be submitted to the competent institution of the Party whose legislation is applicable or to the liaison agency of either Party.

2. Where the application for benefits referred to in Paragraph 1 is submitted to a liaison agency, the liaison agency forwards that application to the competent institution of the Party whose legislation is applicable, together with the supporting documents required.

3. The competent institution of one Party that receives an application for benefits referred to in Paragraph 2 of Article 28 of the Agreement, has it forwarded, directly or through the liaison agency of the same Party, to the competent institution of the other Party, together with the supporting documents required.

4. Any application for benefits is deemed to have been received by the institution of one Party on the date it was initially received in accordance with the Agreement.

5. Any information respecting civil status entered on the application form referred to in Paragraphs 2 and 3 is certified by the competent institution or by the liaison agency that forwards the application. In that case, it is not necessary to forward supporting documents.

6. Every original document or a copy thereof is kept by the competent institution or the liaison agency that initially received it, and a copy is made available, on request, to the competent institution of the other Party.

7. A liaison form accompanies the application and supporting documents referred to in Paragraphs 2 and 3 of this Article.

8. Where the competent institution or liaison agency of one Party so requires, the competent institution or liaison agency of the other Party indicates the insurance periods on the liaison form.

9. As soon as it has made a decision under the legislation it is applying, a competent institution so advises the applicant and informs him of the means and periods of appeal prescribed by that legislation; it also informs the liaison agency of the other Party, using the liaison form.

Article 5

Industrial Accident or Occupational Disease Benefits

1. A person referred to in Article 18 of the Agreement who, after having become eligible to receive benefits under the legislation of one Party, stays in or transfers his residence to the territory of the other Party, is bound to submit to the institution of the place of stay or residence an attestation certifying that he is authorized to maintain entitlement to his benefits in kind. Where it could not be issued before departure, the attestation may be issued thereafter and on application by the person in question or the institution of the place of stay or residence.

2. Where a person referred to in Article 18 of the Agreement who stays or resides in the territory of one Party submits an application for benefits under the legislation of the other Party, the institution of the first Party examines that application as soon as possible and, if necessary, carries out a medical evaluation, as if it were dealing with its own insured person. The report of that examination and, as the case may be, the physician’s report, which indicates in particular the probable duration of work disability, are forwarded immediately by the institution of the place of stay or residence to the competent institution, for decision.

3. Pending the decision of the competent institution referred to in Paragraph 2, the institution of the place of stay or residence may provide benefits in kind, to be borne by the competent institution, if it is of the opinion that the application for benefits appears well founded.

4. The institution of the place of stay or residence gives prior notice, by a means of rapid communication, to the competent institution of any decision respecting the awarding of benefits in kind of great importance or of an unusual nature. The competent institution has 30 days to notify, as the case may be, its objection, with reasons; the institution of the place of stay or residence awards those benefits in kind if it has received no objection at the expiry of that period. If such benefits in kind must be awarded urgently, the institution of the place of stay or residence so informs the competent institution immediately.

5. A person is bound to inform the institution of the place of stay or residence of any change in his situation likely to alter entitlement to benefits in kind, in particular any transfer of residence or place of stay. The competent institution also informs the institution of the place of stay or residence of the cessation of affiliation or the termination of entitlement of the person in question to benefits in kind. The institution of the place of stay or residence may at any time require that the competent institution provides it with information respecting the affiliation or entitlement of any person to benefits in kind.

Article 6

Health or Maternity Benefits in the Territory of Québec

1. To receive health or maternity benefits in the territory of Québec, a person referred to in Articles 23, 24 and 25 of the Agreement, together with each accompanying dependant, must register with the Régie de l’assurance maladie du Québec, using the registration form provided for that purpose.

2. When submitting his registration and that of each accompanying dependant, a person must also submit:

(a) a valid health insurance card issued by the community social affairs and health service of Denmark and a certificate of acceptance for work issued by the Ministère des Communautés culturelles et de l’Immigration du Québec, if he is a person on a temporary stay referred to in Article 23;

(b) a certificate of coverage issued by the National Social Security Office of Denmark and a certificate of acceptance for work issued by the Ministère des Communautés culturelles et de l’Immigration du Québec, if he is a person on assignment referred to in Article 24;

(c) a valid health insurance card issued by the community social affairs and health service of Denmark certifying his entitlement to benefits, a certificate of acceptance for study issued by the Ministère des Communautés culturelles et de l’Immigration du Québec and an attestation of his registration as a full-time student at a collegiate or university educational institution recognized by the department responsible for higher education in Québec, if he is a student referred to in Article 25.

Article 7

Health or Maternity Benefits in the Territory of Denmark

1. To receive health or maternity benefits in the territory of Denmark, a person referred to in Articles 23, 24 and 25 of the Agreement, together with each accompanying dependant, must register with the community social affairs and health service of the place of stay.

2. When submitting his registration and that of each accompanying dependant, he must also submit:

(a) a valid attestation issued by the Régie de l’assurance maladie du Québec certifying his entitlement to benefits and a work and stay permit issued by the authority in question of Denmark, if he is a person on a temporary stay referred to in Article 23;

(b) a certificate of coverage issued by the liaison agency of Québec and a work and stay permit issued by the authority in question of Denmark, if he is a person on assignment referred to in Article 24;

(c) a valid attestation issued by the Régie de l’assurance maladie du Québec certifying his entitlement to benefits, a stay permit issued by the authority in question of Denmark and an attestation of his registration at an educational institution in Denmark, if he is a student referred to in Article 25.

Article 8

Reimbursement between Institutions

1. For the purposes of Article 36 of the Agreement, at the end of each calendar year, where the competent institution of one Party has provided benefits or had expert appraisals made on behalf of or to be borne by the competent institution of the other Party, the liaison agency of the first Party forwards to the liaison agency of the other Party a statement of the benefits granted or fees relating to expert appraisals done during the fiscal period in question, indicating the amount payable. The statement is accompanied by supporting documents.

2. For the purposes of Paragraph a of Article 18 of the Agreement, the Parties agree to waive reimbursement where the cost of the benefits provided to a given person during 1 year is less than 500 $ or 2.600 DKK. Those amounts may be revised by common agreement by the competent institutions.

Article 9

Forms

Any form or other document required to implement the procedures set out in the Administrative Arrangement is established in common agreement by the competent institutions and the agencies responsible for the administration of the Agreement of each Party.

Article 10

Coming into Force and Termination

The Administrative Arrangement comes into force on the same date as the Agreement. The termination of the Agreement has the effect of terminating the Administrative Arrangement.

Made at Copenhagen this 23th day of November 1987, in duplicate, in French and in Danish, both texts being equally authentic.

For the Gouvernement du

Québec

Reed Scowen

For the Government of

the Kingdom of Denmark

MIMI STILLING JAKOBSEN

O.C. 1738-87, Sch. II.