R-9, r. 18 - Regulation respecting implementation of the Agreement on Social Security between the Gouvernement du Québec and the Government of the Republic of Finland

Schedule Disposition versions

2012-09-01

SCHEDULE II

(s. 2)

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

In accordance with Article 25 of the Agreement on Social Security between Québec and Finland, hereinafter called the «Agreement», the Parties 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 25 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;

(b) for Finland, the Social Insurance Institution, in respect of health insurance, the Central Pension Security Institute, in respect of the Employment Pensions Scheme; the Federation of Accident Insurance Institutions, in respect of industrial accident and occupational disease insurance, and the Ministry of Social Affairs and Health, in respect of all other cases.

Article 3

Certificate of Coverage

1. In the cases referred to in Article 7 of the Agreement, a certificate is issued to attest that the person on assignment and, as the case may be, the employer are subject to the legislation of the Party making the assignment.

2. The certificate of coverage is issued

(a) by the liaison agency, where Québec legislation applies;

(b) by the Central Pension Security Institute, where Finnish legislation applies.

3.The agency issuing the certificate of coverage sends a copy of that certificate to the other agency referred to in Paragraph 2, to the person on assignment and to the employer of that person.

Article 4

Right of Option

The right of option referred to in Article 9 of the Agreement must be exercised by giving notice within 6 months following the date of beginning the employment or, if the person employed already holds the employment on the date of coming into force of the Agreement, within 6 months of that date.

Article 5

Submission of Application for Benefits

An application for benefits under the Agreement may be submitted to the liaison agency of either Party or to the competent institution of the Party whose legislation is applied.

Article 6

Processing of Applications

1. The liaison agency of one Party that receives an application for benefits under the legislation of the other Party indicates thereon the date of receipt of the application and forwards it immediately to the liaison agency of the other Party.

2. To the extent that the legislation it is applying allows, the liaison agency of one Party forwards, with the application, any documentation it has in its possession that may be required by the competent institution of the other Party to establish an applicant’s entitlement to benefits.

3. Personal information regarding an individual contained in the application is duly certified by the liaison agency which confirms that the supporting documents corroborate that information; forwarding the application thus certified exempts the liaison agency from having to forward supporting documents. The liaison agencies of the Parties, with the assent of their respective competent authorities, agree on the kind of information covered by this Paragraph.

4. In addition to the application and the documents referred to in Paragraphs 1 and 2 of this Article, the liaison agency forwards a liaison form to the liaison agency of the other Party.

5. Where one Party so requires, the liaison agency of the other Party indicates the insurance periods on the liaison form.

6. Each competent institution thereafter determines the applicant’s eligibility and informs the other institution, through the liaison agencies, of the decision made.

Article 7

Benefits of the Institution of One Party in the Territory of the Other Party

1. A Person referred to in Article 15 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.

2. The attestation referred to in the preceding Paragraph is issued by the competent institution. 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.

3. Where benefits become payable under the legislation of one Party on behalf of a person referred to in Article 15 of the Agreement who stays or resides in the territory of the other Party, the institution of the latter Party institutes an administrative review as soon as possible and, as required, medical verification as if it were dealing with its own insured person. The report establishing the result of the administrative review and, as the case may be, the report of the verifying physician, 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.

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

5. The institution of the place of stay or residence gives the competent institution prior notice, by a means of rapid communication and through the liaison agency, of any decision regarding the awarding of benefits in kind of great importance or of an unusual nature. The competent institution has 30 days to give notice, as the case may be, of its objection with reasons; the institution of the place of stay or residence provides the benefits in kind if it has not received objection at the expiry of that period. If such benefits in kind must be provided urgently, the institution of the place of stay or residence so informs the competent institution immediately.

6. A person is bound to inform the institution of the place of stay or residence of any change in his situation likely to alter his entitlement to benefits in kind, in particular any transfer of residence or place of stay. The competent institution in addition 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 request that the competent institution provide it with any information regarding the affiliation or the entitlement of any person to benefits in kind.

Article 8

Health Benefits in the Territory of Québec

1. To receive health benefits in the territory of Québec, a person referred to in Article 20 to 23 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 of his accompanying dependants, a person must also submit:

(a) an attestation issued by the Social Insurance Institution of Finland certifying his entitlement to health benefits 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 Paragraph 1 of Article 21;

(b) a certificate of coverage issued by the Central Pension Security Institute of Finland 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 Paragraph 3 of Article 21;

(c) an attestation issued by the Social Insurance Institution of Finland certifying his entitlement to health benefits and 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 Paragraph 3 of Article 21 of the Agreement.

Article 9

Benefits in the Territory of Finland

1. To receive health benefits in the territory of Finland, a person referred to in Articles 20, 22 and 23 of the Agreement, together with each of his accompanying dependants, must register with the Social Insurance Institution of Finland.

2. To be eligible for health benefits in the territory of Finland, a person referred to in Article 21 of the Agreement must submit to the Social Insurance Institution of Finland a certificate issued by the competent Québec institution attesting his entitlement to health benefits, and a certificate of acceptance for work or a certificate of registration as a student. Persons on assignment referred to in Paragraph 3 of Article 21 of the Agreement need submit only the certificate referred to in Article 3 of this Arrangement to the Social Insurance Institution.

Article 10

Validity of Attestation

Any attestation certifying entitlement to health benefits is valid for not more than 2 years from the date of issue. The period of validity is specified in cases where it is less than 2 years. An attestation may be renewed.

Article 11

Expert Medical Appraisals

1. Where an applicant for or a beneficiary of benefits paid by one Party resides or stays in the territory of the other Party, the competent institution may, at any time, through the liaison agency of the first Party, request that the liaison agency of the other Party have the expert appraisals it may require made.

2. The forwarding of medical or other information already in the possession of institutions is an integral part of administrative assistance and is carried out free of charge. Notwithstanding the foregoing, the charges consequent upon medical examinations or other additional expert appraisals are borne by the competent institution requiring those examinations.

Article 12

Reimbursement between Institutions

1. The liaison agency of the Party that has provided benefits or had expert medical or other appraisals done on behalf of or chargeable to the institution of the other Party forwards to the liaison agency of the other Party a statement of benefits awarded or fees related to expert appraisals made during the fiscal period in question, indicating the amount payable. The statement is accompanied by supporting documents.

2. The institution on whose behalf or at whose charge benefits have been provided or expert appraisals made reimburses the amount payable to the institution that provided the benefits or had the expert appraisals made, as soon as possible and not later than 3 months following the date on which the statement referred to in Paragraph 1 is forwarded to it.

Article 13

Change in Situation of a Beneficiary

Where the institution of one Party ascertains, in the situation of a beneficiary, a change likely to affect his entitlement to benefits under the legislation of the other Party, it so informs the institution of that Party.

Article 14

Forms

Any form or other document required to implement the procedures set out in the Administrative Arrangement is established in common agreement by the liaison agencies.

Article 15

Statistics

The liaison agencies of the 2 Parties exchange statistics, in the form agreed to, regarding payments made to beneficiaries each calendar year under the Agreement.

Article 16

Coming into Force and Termination

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

Made at Québec on October 30, 1986, in duplicate, in French and in Finnish, both texts being equally authentic.

For Québec

AUBERT OUELLET

For Finland

HEIMER SUNBERG

O.C. 1739-87, Sch. II.