R-9, r. 29 - Regulation respecting the implementation of the Agreement on Social Security between the Gouvernement du Québec and the Government of the Kingdom of Morocco

Schedule Disposition versions

2012-09-01

SCHEDULE 2

(s. 2)

ADMINISTRATIVE ARRANGEMENT FOR THE IMPLEMENTATION OF THE AGREEMENT ON SOCIAL SECURITY BETWEEN QUÉBEC AND THE KINGDOM OF MOROCCO

CONSIDERING Article 18 of the Agreement on Social Security between Québec and the Kingdom of Morocco, the competent authorities:

— for the Gouvernement du Québec: the Minister of International Relations;

— for the Government of the Kingdom of Morocco: the Minister of Social Development, Solidarity, Employment and Professional Training;

Wishing to implement the Agreement,

Have agreed as follows:

ARTICLE 1

DEFINITIONS

In this Administrative Arrangement,

(a) the term “Agreement” shall mean the Agreement on Social Security between Québec and the Kingdom of Morocco signed at Rabat on 25 May 2000;

(b) all other terms used in this Arrangement shall have the meaning given to them in Article 1 of the Agreement.

ARTICLE 2

LIAISON AGENCIES

In accordance with the provisions of paragraph 2 of Article 18 of the Agreement, the liaison agencies designated by each of the Parties shall be:

(a) as regards Québec, the Direction des équivalences et des ententes de sécurité sociale of the Ministère des Relations avec les citoyens et de l’Immigration or any other agency that the competent authority of Québec may subsequently designate;

(b) as regards the Kingdom of Morocco, the Social Security National Fund as the manager of the social security general plan and as the representative of the other competent institutions.

ARTICLE 3

CERTIFICATE OF COVERAGE

(1) For the purposes of Articles 7 to 11 of the Agreement, when a person remains subject to the legislation of one Party while working in the territory of the other Party, a certificate of coverage shall be issued upon request

(a) by the competent Moroccan authority in charge of the administration of Moroccan legislation on social security, when the person remains subject to the legislation of Morocco;

(b) by the liaison agency of Québec, when the person remains subject to the legislation of Québec.

A copy of the certificate of coverage shall be sent to the competent Moroccan authority or to the Québec liaison agency, as the case may be, to the person in question and, if applicable, to the employer of that person.

(2) For the purposes of paragraph 2 of Article 8 of the Agreement, an application for an extension of the detachment, as well as an application for approval by the competent authority or liaison agencies referred to in paragraph 1 of this Article, shall be made before the end of the current detachment term.

(3) For the purposes of paragraph 2 of Article 10, a person who wishes to exercise the option provided therein shall apply for a certificate of coverage with the liaison agency if the person resides in Québec or with the competent authority if the person resides in Morocco. The certificate shall be sent for approval to the agency or competent authority in question of the employer Party.

The option shall be exercised within 6 months of the date of coming into force of the Agreement, for nationals recruited before that date, and within 6 months of the date of recruitment, in all other cases.

ARTICLE 4

PROCESSING OF CLAIMS FOR BENEFITS

(1) For the purposes of Title III of the Agreement, a claim for benefits under the Agreement may be filed with the liaison agency of either Party or the competent institution of the Party whose legislation is applicable.

(2) When the claim for benefits referred to in paragraph 1 is filed with a liaison agency, that agency shall send it to the competent institution of the Party whose legislation is applicable, with the required supporting documents.

(3) When the claim for benefits referred to in paragraph 2 of Article 19 of the Agreement is received by the competent institution of one Party, that institution shall send the claim to the liaison agency of the same Party. The liaison agency shall forward the claim to the competent institution of the other Party, with the required supporting documents.

(4) Any information pertaining to the civil status written on a claim form shall be duly certified by the liaison agency of the first Party which confirms that original supporting documents confirm the information; forwarding a certified form exempts the liaison agency from sending supporting documents. The information referred to in this paragraph shall be determined by mutual agreement between both Parties’ liaison agencies.

(5) A liaison form shall accompany the claim and the supporting documents referred to in this Article.

(6) If so requested by the competent institution or by the liaison agency of one Party, the liaison agency or the competent institution of the other Party shall indicate, on the liaison form, the periods of insurance recognized under the legislation it administers.

(7) The competent institution shall notify the claimant of its decision and inform the claimant about recourses and time limits for such recourse prescribed by its legislation. The competent institution shall also inform the other Party’s liaison agency of its decision by means of the liaison form.

ARTICLE 5

REIMBURSEMENT BETWEEN INSTITUTIONS

For the purposes of Article 26 of the Agreement, at the end of each calendar year, when the competent institution of one Party has had medical examinations carried out on behalf or at the expense of the competent institution of the other Party, the liaison agency of the first Party shall send to the liaison agency of the other Party a statement of the fees pertaining to the medical examinations carried out during that year, indicating the amount owed. Supporting documents shall be attached.

ARTICLE 6

STATISTICS

The liaison agencies of both Parties may exchange, in the form agreed upon, statistical data concerning the payments made to beneficiaries during each calendar year under the Agreement. Such data shall include the number of beneficiaries and the total amount of benefits, by benefit category.

ARTICLE 7

FORMS

Any form or other document necessary to implement the procedures prescribed by the Administrative Arrangement shall be determined by mutual agreement by the competent institutions and liaison agencies designated by both Parties.

ARTICLE 8

COMING INTO FORCE AND DENUNCIATION

The Administrative Arrangement comes into force on the same date as the Agreement and they shall both have the same term. Denunciation of the Agreement entails the denunciation of the Administrative Arrangement.

Done at Rabat on 25 May 2000, in two copies, in French and in Arab, both texts being equally authentic.

For the competent authority of Québec For the competent authority of the Kingdom

of Morocco

_________________________________________ _________________________________________

LOUISE BEAUDOIN, KHALID ALIOUA,

Minister of International Relations Minister of Social Development, Solidarity,

Employment and Professional Training

O.C. 303-2010, Sch. 2.