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R-9, r. 39 - Regulation respecting the implementation of the Agreement on Social Security between the Gouvernement du Québec and the Government of Sweden

Schedule
Disposition versions

Full text
SCHEDULE II
(s. 2)
ADMINISTRATIVE ARRANGEMENT RESPECTING PROCEDURES FOR ADMINISTERING THE AGREEMENT ON SOCIAL SECURITY BETWEEN QUÉBEC AND SWEDEN
Administrative Arrangement respecting Procedures for Administering the Agreement on Social Security between Québec and Sweden, hereinafter called the Agreement.
Taking into consideration Article 27 of the Agreement, the Parties have agreed as follows:
TITLE I
GENERAL PROVISIONS
Article 1
The terms used in the Administrative Arrangement have the same meaning as assigned to them in the Agreement.
Article 2
In accordance with the provisions of the second paragraph 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 Québec authority may subsequently designate;
(b) for Sweden, the National Social Insurance Council (riksforsakringsverket) or any other agency the competent Swedish authority may subsequently designate.
Article 3
1. In the cases referred to in Article 7 of the Agreement, the employer of a person on assignment has the relevant information forwarded to the agency responsible for issuing the certificate of coverage.
2. The certificate of coverage is issued
(a) by the liaison agency or, with authorization, by a regional public insurance office, where Swedish legislation applies;
(b) by the liaison agency, where Québec legislation applies.
3.Where a certificate of coverage is issued, a copy of that certificate is sent to the liaison agency of the other Party, to the person on assignment and to the employer.
Article 4
For the purposes of Paragraph 2 of Article 9 of the Agreement, the Gouvernement du Québec and the Government of Sweden each agree, in the capacity of employer, to comply with the obligations that the provisions of the legislation of the other Party impose on every employer.
TITLE II
PROVISIONS RESPECTING BENEFITS
CHAPTER 1
RETIREMENT BENEFITS, DISABILITY BENEFITS AND SURVIVOR’S BENEFITS
Article 5
For the purposes of Chapter 1 of Title II of the Agreement:
(a) a person who resides elsewhere than in Sweden and who wishes to obtain benefits payable by Swedish legislation, under the Agreement, may submit his application to the Québec liaison agency or the public insurance office for the Stockholm region which so informs the Québec liaison agency;
(b) a person who resides elsewhere than in Québec and who wishes to obtain benefits payable by Québec legislation, under the Agreement, may submit his application to the Swedish liaison agency or the Régie des rentes du Québec which, where it is an application referred to in Paragraph 1 of Article 32 of the Agreement, so informs the Swedish liaison agency. Notwithstanding the foregoing, if that person resides in Canada, he may apply to any office qualified to receive an application for benefits under the Québec Pension Plan.
Article 6
1. The liaison agency to which an application has been submitted in accordance with Article 5 of this Arrangement forwards the application to the competent institution of the other Party, together with the supporting documents required.
2. A liaison agency informed that an application has been submitted to the institution of the other Party in accordance with Article 5 of this Arrangement forwards, on request, the supporting documents required to the competent institution of the other Party.
3. Any information respecting civil status entered on the application form referred to in the preceding paragraph is certified by the liaison agency that forwards the application, which exempts it from having to forward supporting documents.
4. Every original document or a copy thereof is kept by the liaison agency to which it was submitted and the copy is made available to the competent institution of the other Party, on request.
Article 7
1. The application or supporting documents referred to in Paragraph 1 of Article 6 are accompanied by the liaison form approved by the competent institution, in duplicate.
2. If the same is required by the other Party, the liaison agency indicates the periods credited on the liaison form.
Article 8
As soon as a decision is made by a competent institution under its legislation, it so informs the applicant and advises him of the means and periods of appeal prescribed by its own legislation; it also informs the liaison agency of the other Party by using the liaison form.
CHAPTER 2
INDUSTRIAL ACCIDENTS AND OCCUPATIONAL DISEASES
Article 9
1. To receive benefits in kind under Article 17 of the Agreement, a person who, after having received benefits under the legislation of one Party, transfers his residence or place of stay 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 continue receiving the said benefits in kind.
2. That attestation, issued by the competent institution, indicates in particular, as the case may be, the maximum period during which benefits in kind may still be provided, in accordance with the provisions of the legislation applicable 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.
Article 10
1. For the purposes of Article 17 of the Agreement, where entitlement to benefits is established under the legislation of one Party on behalf of a person who stays or resides in the territory of the other Party, the declaration of the industrial accident or occupational disease as well as the application for benefits must be made in accordance with the legislation of the first Party, within the periods fixed by that legislation. That declaration and application may be submitted either to the competent institution of the first Party, which forwards a copy thereof to the institution of the place of stay or residence, or to the latter institution, which keeps a copy thereof and forwards the originals to the competent institution of the first Party.
2. The institution of the place of stay or residence initiates an administrative review as soon as possible and, as the case may be, medical verification, as if it were dealing with its own insured person. The report ascertaining the result of the administrative review and, as the case may be, the verifying 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. The competent institution immediately notifies its decision directly to the persons in question, indicating to them, as the case may be, the means and periods of appeal. It also informs the institution of the place of stay or residence.
4. Pending a decision by the competent institution, the institution of the place of stay or residence may provide medical assistance benefits in kind, to be borne by the competent institution, if it is of the opinion that the application for benefits appears well founded.
Article 11
1. When submitting any application for benefits in kind referred to in Article 17 of the Agreement, a person who is eligible to receive those benefits submits the supporting documents required under the legislation applicable by the institution of the place of stay or residence.
2. The institution of the place of stay or residence gives prior notice to the competent institution, by a means of rapid communication and through the liaison agency, of any decision respecting the awarding of benefits in kind of great importance or of an unusual nature. The competent institution has thirty days to notify, as the case may be, its objection with reasons; the institution of the place of stay or residence awards the said benefits in kind if it has not received objections 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.
3. 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 request that the competent institution provide information respecting the affiliation or entitlement of any person to benefits in kind.
Article 12
1. For the purposes of Articles 18 and 19 of the Agreement, the declaration of occupational disease or recurrence as well as the application for benefits is forwarded to the institution of the place of stay or residence within the periods fixed by the legislation applicable by that institution. That institution forwards a copy of the declaration and the application to the institution of the other Party.
2. The institution of the place of stay or residence initiates an administrative review as soon as possible and, as the case may be, the medical verification required by its legislation.
3. If it ascertains that the legislation of the other Party is applicable under the provisions of Article 18 or Article 19 of the Agreement, the institution of the place of stay or residence forwards the file immediately to the competent institution of that Party, for decision. The file must include, in particular, the reports ascertaining the results of medical verifications. Pending the decision of the competent institution, the institution of the place of stay or residence may provide benefits in kind, if it is of the opinion that the application for benefits appears well founded.
4. The competent institution immediately notifies its decision directly to the persons in question, indicating to them, as the case may be, the means and periods of appeal. It also informs the institution of the place of stay or residence.
5. In a situation other than that referred to in Paragraph 1 (a) of Article 19, if the decision referred to in the preceding paragraph refuses the application for benefits, the institution that made the decision forwards the file to the institution of the place of stay or residence when it informs it of its decision. In that case, the institution of the place of stay or residence, taking into account the said decision of refusal, decides whether its own legislation is applicable.
6. If the institution of the place of stay or residence, in the case referred to in Paragraph 5, decides that entitlement to benefits is established under the legislation it is applying, where there is a right of appeal from the decision of refusal previously made by the institution of the other Party, the latter institution reimburses to the institution of the place of stay or residence its share of the amount of the benefits covered if, following an appeal, it is bound to award benefits.
Article 13
1. The apportionment of the cost of the benefits referred to in Articles 18 and 19 is made by the institution paying the benefits.
2. For the purposes of that apportionment, the institution referred to in Paragraph 1 may require of the person in question and the institution of the other Party any information and document respecting employment held by that person in the territory of either Party.
3. The said apportionment is ascertained on a form that the institution referred to in Paragraph 1 forwards, for agreement, to the institution of the other Party.
Article 14
1. At the end of each calendar year, the liaison agency of the Party that has provided benefits or made medical verifications on behalf of or to be borne by the institution of the other Party forwards to the liaison agency of the other Party a statement of the benefits awarded or fees related to medical verification during the fiscal period in question, indicating the amount payable. That statement is accompanied by supporting documents.
2. The institution on whose behalf or liability benefits have been provided or medical verification made reimburses the amount payable to the institution that provided the said benefits, as soon as possible and not later than three months following the date on which the statement referred to in Paragraph 1 was forwarded to it.
3. Notwithstanding Paragraph 1, the Parties agree not to claim reimbursement where the amount payable for a given person for one year is less than 500 $ Canadian or 2 500 Swedish Kronor. The authorized agencies of the two Parties may agree to revise those amounts.
CHAPTER 3
HEALTH SERVICES
Article 15
1. For the purposes of Article 24 of the Agreement:
(a) to receive health services in the territory of Québec, a person must submit to the competent Québec institution an attestation issued by the competent Swedish institution certifying his entitlement to health services and a certificate of acceptance for work or study issued by the Ministère des Communautés culturelles et de l’Immigration du Québec;
(b) to receive health services in the territory of Sweden, a person must submit to the competent Swedish institution an attestation issued by the competent Québec institution certifying his entitlement to health services and a certificate of acceptance for work or a certificate of registration at a Swedish institution covered by Swedish legislation respecting assistance for study.
2. The institution issuing the attestation referred to in the preceding paragraph indicates the period of validity of the attestation. In the absence of such an indication, the attestation is presumed valid for one year from the first day of its validity.
3. For the purposes of Paragraph 3 of Article 24, a student is a person registered full-time at a Québec institution recognized by the Ministère de l’Éducation du Québec or the Ministère de l’Enseignement supérieur, de la Recherche, de la Science et de la Technologie or at a Swedish institution covered by Swedish legislation respecting assistance for study.
TITLE III
MISCELLANEOUS PROVISIONS
Article 16
1. Where a person applying for or receiving disability benefits payable by one Party resides in the territory of the other, the competent liable institution may, at any time, request that the competent institution of the other Party have the medical examination it requires performed.
2. The forwarding of medical information already in the possession of the competent institutions is an integral part of administrative assistance and is carried out free of charge. Notwithstanding the foregoing, the costs resulting from supplementary medical examinations are borne by the competent institution requiring those examinations.
3. Medical costs are reimbursed by the liable institution on receipt of the account sent by the institution that has provided medical services, in the currency of the latter.
Article 17
Where the competent institution of one Party ascertains a change in the situation of a beneficiary that is likely to affect his entitlement to benefits under the legislation of the other Party, it so informs the competent institution of that Party.
Article 18
Any form or other document required to implement the procedures set out in the Administrative Arrangement is established in common agreement by the institutions and agencies responsible for the procedures for administering the Agreement for each Party.
Article 19
The liaison agencies of the two Parties exchange, in the form agreed to, statistics respecting payments made to beneficiaries during each calendar year under the Agreement. Those statistics include the number of beneficiaries and the total amount of benefits, by category of benefit.
TITLE IV
FINAL PROVISIONS
Article 20
The Administrative Arrangement comes into force on the same date as the Agreement. Termination of the Agreement has the effect to terminating the Administrative Arrangement.
Made at Québec on the twentieth day of September 1986, in duplicate, in French and in Swedish, both texts being equally authentic.
For the Gouvernement du
Québec
GIL RÉMILLARD
For the Government of
Sweden
ANITA GRADIN
O.C. 1745-87, Sch. II; S.Q. 2013, c. 28, s. 205.
SCHEDULE II
(s. 2)
ADMINISTRATIVE ARRANGEMENT RESPECTING PROCEDURES FOR ADMINISTERING THE AGREEMENT ON SOCIAL SECURITY BETWEEN QUÉBEC AND SWEDEN
Administrative Arrangement respecting Procedures for Administering the Agreement on Social Security between Québec and Sweden, hereinafter called the Agreement.
Taking into consideration Article 27 of the Agreement, the Parties have agreed as follows:
TITLE I
GENERAL PROVISIONS
Article 1
The terms used in the Administrative Arrangement have the same meaning as assigned to them in the Agreement.
Article 2
In accordance with the provisions of the second paragraph 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 Québec authority may subsequently designate;
(b) for Sweden, the National Social Insurance Council (riksforsakringsverket) or any other agency the competent Swedish authority may subsequently designate.
Article 3
1. In the cases referred to in Article 7 of the Agreement, the employer of a person on assignment has the relevant information forwarded to the agency responsible for issuing the certificate of coverage.
2. The certificate of coverage is issued
(a) by the liaison agency or, with authorization, by a regional public insurance office, where Swedish legislation applies;
(b) by the liaison agency, where Québec legislation applies.
3.Where a certificate of coverage is issued, a copy of that certificate is sent to the liaison agency of the other Party, to the person on assignment and to the employer.
Article 4
For the purposes of Paragraph 2 of Article 9 of the Agreement, the Gouvernement du Québec and the Government of Sweden each agree, in the capacity of employer, to comply with the obligations that the provisions of the legislation of the other Party impose on every employer.
TITLE II
PROVISIONS RESPECTING BENEFITS
CHAPTER 1
RETIREMENT BENEFITS, DISABILITY BENEFITS AND SURVIVOR’S BENEFITS
Article 5
For the purposes of Chapter 1 of Title II of the Agreement:
(a) a person who resides elsewhere than in Sweden and who wishes to obtain benefits payable by Swedish legislation, under the Agreement, may submit his application to the Québec liaison agency or the public insurance office for the Stockholm region which so informs the Québec liaison agency;
(b) a person who resides elsewhere than in Québec and who wishes to obtain benefits payable by Québec legislation, under the Agreement, may submit his application to the Swedish liaison agency or the Régie des rentes du Québec which, where it is an application referred to in Paragraph 1 of Article 32 of the Agreement, so informs the Swedish liaison agency. Notwithstanding the foregoing, if that person resides in Canada, he may apply to any office qualified to receive an application for benefits under the Québec Pension Plan.
Article 6
1. The liaison agency to which an application has been submitted in accordance with Article 5 of this Arrangement forwards the application to the competent institution of the other Party, together with the supporting documents required.
2. A liaison agency informed that an application has been submitted to the institution of the other Party in accordance with Article 5 of this Arrangement forwards, on request, the supporting documents required to the competent institution of the other Party.
3. Any information respecting civil status entered on the application form referred to in the preceding paragraph is certified by the liaison agency that forwards the application, which exempts it from having to forward supporting documents.
4. Every original document or a copy thereof is kept by the liaison agency to which it was submitted and the copy is made available to the competent institution of the other Party, on request.
Article 7
1. The application or supporting documents referred to in Paragraph 1 of Article 6 are accompanied by the liaison form approved by the competent institution, in duplicate.
2. If the same is required by the other Party, the liaison agency indicates the periods credited on the liaison form.
Article 8
As soon as a decision is made by a competent institution under its legislation, it so informs the applicant and advises him of the means and periods of appeal prescribed by its own legislation; it also informs the liaison agency of the other Party by using the liaison form.
CHAPTER 2
INDUSTRIAL ACCIDENTS AND OCCUPATIONAL DISEASES
Article 9
1. To receive benefits in kind under Article 17 of the Agreement, a person who, after having received benefits under the legislation of one Party, transfers his residence or place of stay 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 continue receiving the said benefits in kind.
2. That attestation, issued by the competent institution, indicates in particular, as the case may be, the maximum period during which benefits in kind may still be provided, in accordance with the provisions of the legislation applicable 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.
Article 10
1. For the purposes of Article 17 of the Agreement, where entitlement to benefits is established under the legislation of one Party on behalf of a person who stays or resides in the territory of the other Party, the declaration of the industrial accident or occupational disease as well as the application for benefits must be made in accordance with the legislation of the first Party, within the periods fixed by that legislation. That declaration and application may be submitted either to the competent institution of the first Party, which forwards a copy thereof to the institution of the place of stay or residence, or to the latter institution, which keeps a copy thereof and forwards the originals to the competent institution of the first Party.
2. The institution of the place of stay or residence initiates an administrative review as soon as possible and, as the case may be, medical verification, as if it were dealing with its own insured person. The report ascertaining the result of the administrative review and, as the case may be, the verifying 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. The competent institution immediately notifies its decision directly to the persons in question, indicating to them, as the case may be, the means and periods of appeal. It also informs the institution of the place of stay or residence.
4. Pending a decision by the competent institution, the institution of the place of stay or residence may provide medical assistance benefits in kind, to be borne by the competent institution, if it is of the opinion that the application for benefits appears well founded.
Article 11
1. When submitting any application for benefits in kind referred to in Article 17 of the Agreement, a person who is eligible to receive those benefits submits the supporting documents required under the legislation applicable by the institution of the place of stay or residence.
2. The institution of the place of stay or residence gives prior notice to the competent institution, by a means of rapid communication and through the liaison agency, of any decision respecting the awarding of benefits in kind of great importance or of an unusual nature. The competent institution has thirty days to notify, as the case may be, its objection with reasons; the institution of the place of stay or residence awards the said benefits in kind if it has not received objections 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.
3. 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 request that the competent institution provide information respecting the affiliation or entitlement of any person to benefits in kind.
Article 12
1. For the purposes of Articles 18 and 19 of the Agreement, the declaration of occupational disease or recurrence as well as the application for benefits is forwarded to the institution of the place of stay or residence within the periods fixed by the legislation applicable by that institution. That institution forwards a copy of the declaration and the application to the institution of the other Party.
2. The institution of the place of stay or residence initiates an administrative review as soon as possible and, as the case may be, the medical verification required by its legislation.
3. If it ascertains that the legislation of the other Party is applicable under the provisions of Article 18 or Article 19 of the Agreement, the institution of the place of stay or residence forwards the file immediately to the competent institution of that Party, for decision. The file must include, in particular, the reports ascertaining the results of medical verifications. Pending the decision of the competent institution, the institution of the place of stay or residence may provide benefits in kind, if it is of the opinion that the application for benefits appears well founded.
4. The competent institution immediately notifies its decision directly to the persons in question, indicating to them, as the case may be, the means and periods of appeal. It also informs the institution of the place of stay or residence.
5. In a situation other than that referred to in Paragraph 1 (a) of Article 19, if the decision referred to in the preceding paragraph refuses the application for benefits, the institution that made the decision forwards the file to the institution of the place of stay or residence when it informs it of its decision. In that case, the institution of the place of stay or residence, taking into account the said decision of refusal, decides whether its own legislation is applicable.
6. If the institution of the place of stay or residence, in the case referred to in Paragraph 5, decides that entitlement to benefits is established under the legislation it is applying, where there is a right of appeal from the decision of refusal previously made by the institution of the other Party, the latter institution reimburses to the institution of the place of stay or residence its share of the amount of the benefits covered if, following an appeal, it is bound to award benefits.
Article 13
1. The apportionment of the cost of the benefits referred to in Articles 18 and 19 is made by the institution paying the benefits.
2. For the purposes of that apportionment, the institution referred to in Paragraph 1 may require of the person in question and the institution of the other Party any information and document respecting employment held by that person in the territory of either Party.
3. The said apportionment is ascertained on a form that the institution referred to in Paragraph 1 forwards, for agreement, to the institution of the other Party.
Article 14
1. At the end of each calendar year, the liaison agency of the Party that has provided benefits or made medical verifications on behalf of or to be borne by the institution of the other Party forwards to the liaison agency of the other Party a statement of the benefits awarded or fees related to medical verification during the fiscal period in question, indicating the amount payable. That statement is accompanied by supporting documents.
2. The institution on whose behalf or liability benefits have been provided or medical verification made reimburses the amount payable to the institution that provided the said benefits, as soon as possible and not later than three months following the date on which the statement referred to in Paragraph 1 was forwarded to it.
3. Notwithstanding Paragraph 1, the Parties agree not to claim reimbursement where the amount payable for a given person for one year is less than 500 $ Canadian or 2 500 Swedish Kronor. The authorized agencies of the two Parties may agree to revise those amounts.
CHAPTER 3
HEALTH SERVICES
Article 15
1. For the purposes of Article 24 of the Agreement:
(a) to receive health services in the territory of Québec, a person must submit to the competent Québec institution an attestation issued by the competent Swedish institution certifying his entitlement to health services and a certificate of acceptance for work or study issued by the Ministère des Communautés culturelles et de l’Immigration du Québec;
(b) to receive health services in the territory of Sweden, a person must submit to the competent Swedish institution an attestation issued by the competent Québec institution certifying his entitlement to health services and a certificate of acceptance for work or a certificate of registration at a Swedish institution covered by Swedish legislation respecting assistance for study.
2. The institution issuing the attestation referred to in the preceding paragraph indicates the period of validity of the attestation. In the absence of such an indication, the attestation is presumed valid for one year from the first day of its validity.
3. For the purposes of Paragraph 3 of Article 24, a student is a person registered full-time at a Québec institution recognized by the Ministère de l’Éducation du Québec or at a Swedish institution covered by Swedish legislation respecting assistance for study.
TITLE III
MISCELLANEOUS PROVISIONS
Article 16
1. Where a person applying for or receiving disability benefits payable by one Party resides in the territory of the other, the competent liable institution may, at any time, request that the competent institution of the other Party have the medical examination it requires performed.
2. The forwarding of medical information already in the possession of the competent institutions is an integral part of administrative assistance and is carried out free of charge. Notwithstanding the foregoing, the costs resulting from supplementary medical examinations are borne by the competent institution requiring those examinations.
3. Medical costs are reimbursed by the liable institution on receipt of the account sent by the institution that has provided medical services, in the currency of the latter.
Article 17
Where the competent institution of one Party ascertains a change in the situation of a beneficiary that is likely to affect his entitlement to benefits under the legislation of the other Party, it so informs the competent institution of that Party.
Article 18
Any form or other document required to implement the procedures set out in the Administrative Arrangement is established in common agreement by the institutions and agencies responsible for the procedures for administering the Agreement for each Party.
Article 19
The liaison agencies of the two Parties exchange, in the form agreed to, statistics respecting payments made to beneficiaries during each calendar year under the Agreement. Those statistics include the number of beneficiaries and the total amount of benefits, by category of benefit.
TITLE IV
FINAL PROVISIONS
Article 20
The Administrative Arrangement comes into force on the same date as the Agreement. Termination of the Agreement has the effect to terminating the Administrative Arrangement.
Made at Québec on the twentieth day of September 1986, in duplicate, in French and in Swedish, both texts being equally authentic.
For the Gouvernement du
Québec
GIL RÉMILLARD
For the Government of
Sweden
ANITA GRADIN
O.C. 1745-87, Sch. II.
© Gouvernement du Québec