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R-9, r. 8.1 - Regulation respecting the implementation of the Understanding on Social Security between the Gouvernement du Québec and the Government of the Republic of Austria

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SCHEDULE II
(s. 2)
ADMINISTRATIVE ARRANGEMENT FOR THE APPLICATION OF THE UNDERSTANDING ON SOCIAL SECURITY BETWEEN THE GOUVERNEMENT DU QUÉBEC AND THE GOVERNMENT OF THE REPUBLIC OF AUSTRIA
Pursuant to Article 21 (1) of the Understanding on Social Security between the Gouvernement du Québec and the Government of the Republic of Austria,
for Québec,
the Minister of International Relations and La Francophonie,
for Austria,
the Federal Minister of Social Affairs, Health, Care and Consumer Protection,
have agreed on the following provisions:
PART I
GENERAL PROVISIONS
ARTICLE 1
Definitions
(a) For the purposes of this Administrative Arrangement, “Understanding” means the Understanding on Social Security between the Gouvernement du Québec and the Government of the Republic of Austria, done at Montréal on 14 December 2022.
(b) A term that is not defined in this Administrative Arrangement and is found in the Understanding shall have the meaning assigned to it in the Understanding.
ARTICLE 2
Liaison Agencies
Pursuant to Article 21 (2) of the Understanding, the following organizations shall act as the respective liaison agencies of the competent authorities:
(a) for the Republic of Austria (“Austria”):
the Federation of Social Insurances (Dachverband der Sozialversicherungsträger), Vienna;
(b) for Québec:
for pension insurance and determination of applicable legislation: the Bureau des ententes de sécurité sociale of Retraite Québec, Montréal;
for industrial accidents and occupational diseases: the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST), Montréal.
PART II
APPLICABLE LEGISLATION
ARTICLE 3
Coverage of Employed and Self-employed Persons
(a) For Articles 7, 8 or 10 of the Understanding, the institution responsible for the applicable legislation and designated in subparagraph (b) shall, on request of the employer or the self-employed person, issue a certificate of coverage that certifies that the work is subject to that legislation. The institution shall send a copy of that certificate to the applicant.
(b) (i) If the legislation of Austria applies, the competent institution of Austria shall issue the certificate of coverage and send a copy of the certificate to the liaison agency of Québec.
(ii) If the legislation of Québec applies, the liaison agency of Québec shall issue the certificate of coverage and send a copy to the liaison agency of Austria.
(c) Written communication concerning exceptions under Article 10 of the Understanding shall be done between the competent authority of Austria and the liaison agency of Québec.
PART III
OLD AGE, DISABILITY AND SURVIVORS PENSIONS
ARTICLE 4
Initial or ongoing Eligibility
(a) For the purpose of this Article “agency” means, for Austria, the competent institution and, for Québec, the liaison agency.
(b) For purposes of the application of Part III of the Understanding, the agency which receives a claim and it appears that there may be eligibility for a benefit under the legislation of the other Party shall notify the agency of the other Party, and confirm the date of receipt of the claim.
(c) If an agency receives a claim for a benefit under the legislation of the other Party, it shall, without delay, send the claim to the agency of the other Party and confirm the date of receipt of the claim.
(d) An agency shall send any information it detains that may be necessary for the agency of the other Party to establish the person’s eligibility for the benefit.
(e) An agency shall certify the information about any person that it receives as part of the claim and confirm that this information is corroborated by documentary evidence. An agency shall not have to send the corroborating documentary evidence to the agency of the other Party if it is certified. The liaison agencies shall jointly decide the type of information that has to be certified and the method of certification.
(f) An agency shall, to the extent permitted by the Understanding, provide to the agency of the other Party any available medical information concerning the disability of the person.
(g) An agency shall send to the agency of the other Party the periods of insurance and any other information available under the legislation that it administers that may be necessary for the other agency to establish the person’s eligibility for the benefit. An agency may also request from the agency of the other Party any additional information, such as periods of coverage in Austria that the agency may require to establish the person’s eligibility for a benefit under its legislation.
(h) Each competent institution shall determine a person’s eligibility to a benefit under its respective legislation and shall notify the person and the agency of the other Party of the decision to grant or deny the benefit. It shall also inform the claimant of any recourse available and the deadlines for such recourse as provided for in that legislation.
(i) The agencies shall, on request, provide to each other any information available that may be necessary to maintain a person’s eligibility to a benefit.
(j) When an agency is aware that a person also receives benefits under the legislation of the other Party, it shall inform the agency of that other Party of the death of this person.
PART IV
INDUSTRIAL ACCIDENTS AND OCCUPATIONAL DISEASES
ARTICLE 5
Benefits in Kind
(a) In order to obtain benefits in kind according to Article 17 of the Understanding, the person who is entitled to benefits shall present a certificate issued by the competent institution to the institution of the beneficiary’s place of stay or residence designated in Article 17 (3) of the Understanding. This certificate may also be exchanged directly between the competent institutions.
(b) Benefits in kinds according to Article 17 (2) of the Understanding shall, insofar as they are provided by the legislation applied by the institution designated in Article 17 (3) of the Understanding, be listed in an operational agreement to be concluded by the liaison agencies and updated when necessary.
(c) For the purposes of Article 17 (2) of the Understanding, when the institution of the place of stay or residence provides for the granting of prostheses, large devices or other benefits in kind of great importance, it shall ask the competent institution to transmit its decision on such benefits, using the prescribed form. If, however, these benefits have already been granted because of an emergency, the institution of the place of stay or residence shall notify the competent institution and the acknowledgement of receipt of this notice shall then be considered as retroactive authorization.
ARTICLE 6
Occupational Disease and Aggravation
For the application of Articles 18 and 19 of the Understanding, the competent institutions shall exchange necessary information using agreed upon forms.
PART V
MISCELLANEOUS
ARTICLE 7
Medical Examinations
(a) If a competent institution requires a person who resides in the territory of the other Party to undergo a medical examination, it shall ask the competent institution of Austria or the liaison agency of Québec to arrange the examination according to its own practices. The competent institution that requests the medical examination shall reimburse any expenses incurred for the examination.
(b) Each competent institution shall prepare a statement of the expenses that it incurs on behalf of the competent institution of the other Party for each calendar year; the competent institution that requested the medical examination shall reimburse the expenses of the requested competent institution within six months of receipt of the statement.
(c) A competent institution or liaison agency may refuse to make arrangements for additional medical examinations if the competent institution of the other Party does not reimburse the expenses within the specified period.
ARTICLE 8
Exchange of Statistics
The liaison agencies of the two Parties shall exchange statistics on an annual basis regarding the application of the Understanding. These statistics shall include data on the number of beneficiaries, the total amount of benefits paid, by type of benefit, and the number of certificates of coverage issued.
ARTICLE 9
Financial Provisions
(a) For the application of Article 17 (4) of the Understanding the request for reimbursement of the costs of benefits in kind shall be made by the institution designated in Article 17 (3) of the Understanding at least once every calendar year.
(b) Requests for reimbursement which are not disputed shall be paid.
(c) The liaison agencies may agree on the procedures for the implementation of paragraph (a) of this Article.
(d) Communications and reimbursements under this Article shall be made through the liaison agencies of both Parties.
ARTICLE 10
Forms and Detailed Procedures
(a) The liaison agencies shall jointly decide on the forms and procedures necessary to implement the Understanding and this Administrative Arrangement.
(b) A competent institution or liaison agency may refuse to accept information from or to provide information to the competent institution or liaison agency of the other Party, if the competent institution or liaison agency of the other Party does not provide or request information on the forms that the liaison agencies have jointly decided on.
ARTICLE 11
Entry into Effect
(a) This Administrative Arrangement shall take effect on the date of entry into force of the Understanding and shall remain in effect while the Understanding remains in force.
(b) The competent authorities may modify this Administrative Arrangement by mutual consent in writing.
SIGNED in duplicate at Montréal, this 14th day of December 2022, in the German and French languages, each version being equally valid.
THE MINISTER OF INTERNATIONAL RELATIONS AND LA FRANCOPHONIE OF QUÉBECFOR THE FEDERAL MINISTER OF SOCIAL AFFAIRS, HEALTH, CARE AND CONSUMER PROTECTION OF THE REPUBLIC OF AUSTRIA
Martine BironSylvia Meier-Kajbić
O.C. 1667-2023, Sch. II.
SCHEDULE II
(s. 2)
ADMINISTRATIVE ARRANGEMENT FOR THE APPLICATION OF THE UNDERSTANDING ON SOCIAL SECURITY BETWEEN THE GOUVERNEMENT DU QUÉBEC AND THE GOVERNMENT OF THE REPUBLIC OF AUSTRIA
Pursuant to Article 21 (1) of the Understanding on Social Security between the Gouvernement du Québec and the Government of the Republic of Austria,
for Québec,
the Minister of International Relations and La Francophonie,
for Austria,
the Federal Minister of Social Affairs, Health, Care and Consumer Protection,
have agreed on the following provisions:
PART I
GENERAL PROVISIONS
ARTICLE 1
Definitions
(a) For the purposes of this Administrative Arrangement, “Understanding” means the Understanding on Social Security between the Gouvernement du Québec and the Government of the Republic of Austria, done at Montréal on 14 December 2022.
(b) A term that is not defined in this Administrative Arrangement and is found in the Understanding shall have the meaning assigned to it in the Understanding.
ARTICLE 2
Liaison Agencies
Pursuant to Article 21 (2) of the Understanding, the following organizations shall act as the respective liaison agencies of the competent authorities:
(a) for the Republic of Austria (“Austria”):
the Federation of Social Insurances (Dachverband der Sozialversicherungsträger), Vienna;
(b) for Québec:
for pension insurance and determination of applicable legislation: the Bureau des ententes de sécurité sociale of Retraite Québec, Montréal;
for industrial accidents and occupational diseases: the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST), Montréal.
PART II
APPLICABLE LEGISLATION
ARTICLE 3
Coverage of Employed and Self-employed Persons
(a) For Articles 7, 8 or 10 of the Understanding, the institution responsible for the applicable legislation and designated in subparagraph (b) shall, on request of the employer or the self-employed person, issue a certificate of coverage that certifies that the work is subject to that legislation. The institution shall send a copy of that certificate to the applicant.
(b) (i) If the legislation of Austria applies, the competent institution of Austria shall issue the certificate of coverage and send a copy of the certificate to the liaison agency of Québec.
(ii) If the legislation of Québec applies, the liaison agency of Québec shall issue the certificate of coverage and send a copy to the liaison agency of Austria.
(c) Written communication concerning exceptions under Article 10 of the Understanding shall be done between the competent authority of Austria and the liaison agency of Québec.
PART III
OLD AGE, DISABILITY AND SURVIVORS PENSIONS
ARTICLE 4
Initial or ongoing Eligibility
(a) For the purpose of this Article “agency” means, for Austria, the competent institution and, for Québec, the liaison agency.
(b) For purposes of the application of Part III of the Understanding, the agency which receives a claim and it appears that there may be eligibility for a benefit under the legislation of the other Party shall notify the agency of the other Party, and confirm the date of receipt of the claim.
(c) If an agency receives a claim for a benefit under the legislation of the other Party, it shall, without delay, send the claim to the agency of the other Party and confirm the date of receipt of the claim.
(d) An agency shall send any information it detains that may be necessary for the agency of the other Party to establish the person’s eligibility for the benefit.
(e) An agency shall certify the information about any person that it receives as part of the claim and confirm that this information is corroborated by documentary evidence. An agency shall not have to send the corroborating documentary evidence to the agency of the other Party if it is certified. The liaison agencies shall jointly decide the type of information that has to be certified and the method of certification.
(f) An agency shall, to the extent permitted by the Understanding, provide to the agency of the other Party any available medical information concerning the disability of the person.
(g) An agency shall send to the agency of the other Party the periods of insurance and any other information available under the legislation that it administers that may be necessary for the other agency to establish the person’s eligibility for the benefit. An agency may also request from the agency of the other Party any additional information, such as periods of coverage in Austria that the agency may require to establish the person’s eligibility for a benefit under its legislation.
(h) Each competent institution shall determine a person’s eligibility to a benefit under its respective legislation and shall notify the person and the agency of the other Party of the decision to grant or deny the benefit. It shall also inform the claimant of any recourse available and the deadlines for such recourse as provided for in that legislation.
(i) The agencies shall, on request, provide to each other any information available that may be necessary to maintain a person’s eligibility to a benefit.
(j) When an agency is aware that a person also receives benefits under the legislation of the other Party, it shall inform the agency of that other Party of the death of this person.
PART IV
INDUSTRIAL ACCIDENTS AND OCCUPATIONAL DISEASES
ARTICLE 5
Benefits in Kind
(a) In order to obtain benefits in kind according to Article 17 of the Understanding, the person who is entitled to benefits shall present a certificate issued by the competent institution to the institution of the beneficiary’s place of stay or residence designated in Article 17 (3) of the Understanding. This certificate may also be exchanged directly between the competent institutions.
(b) Benefits in kinds according to Article 17 (2) of the Understanding shall, insofar as they are provided by the legislation applied by the institution designated in Article 17 (3) of the Understanding, be listed in an operational agreement to be concluded by the liaison agencies and updated when necessary.
(c) For the purposes of Article 17 (2) of the Understanding, when the institution of the place of stay or residence provides for the granting of prostheses, large devices or other benefits in kind of great importance, it shall ask the competent institution to transmit its decision on such benefits, using the prescribed form. If, however, these benefits have already been granted because of an emergency, the institution of the place of stay or residence shall notify the competent institution and the acknowledgement of receipt of this notice shall then be considered as retroactive authorization.
ARTICLE 6
Occupational Disease and Aggravation
For the application of Articles 18 and 19 of the Understanding, the competent institutions shall exchange necessary information using agreed upon forms.
PART V
MISCELLANEOUS
ARTICLE 7
Medical Examinations
(a) If a competent institution requires a person who resides in the territory of the other Party to undergo a medical examination, it shall ask the competent institution of Austria or the liaison agency of Québec to arrange the examination according to its own practices. The competent institution that requests the medical examination shall reimburse any expenses incurred for the examination.
(b) Each competent institution shall prepare a statement of the expenses that it incurs on behalf of the competent institution of the other Party for each calendar year; the competent institution that requested the medical examination shall reimburse the expenses of the requested competent institution within six months of receipt of the statement.
(c) A competent institution or liaison agency may refuse to make arrangements for additional medical examinations if the competent institution of the other Party does not reimburse the expenses within the specified period.
ARTICLE 8
Exchange of Statistics
The liaison agencies of the two Parties shall exchange statistics on an annual basis regarding the application of the Understanding. These statistics shall include data on the number of beneficiaries, the total amount of benefits paid, by type of benefit, and the number of certificates of coverage issued.
ARTICLE 9
Financial Provisions
(a) For the application of Article 17 (4) of the Understanding the request for reimbursement of the costs of benefits in kind shall be made by the institution designated in Article 17 (3) of the Understanding at least once every calendar year.
(b) Requests for reimbursement which are not disputed shall be paid.
(c) The liaison agencies may agree on the procedures for the implementation of paragraph (a) of this Article.
(d) Communications and reimbursements under this Article shall be made through the liaison agencies of both Parties.
ARTICLE 10
Forms and Detailed Procedures
(a) The liaison agencies shall jointly decide on the forms and procedures necessary to implement the Understanding and this Administrative Arrangement.
(b) A competent institution or liaison agency may refuse to accept information from or to provide information to the competent institution or liaison agency of the other Party, if the competent institution or liaison agency of the other Party does not provide or request information on the forms that the liaison agencies have jointly decided on.
ARTICLE 11
Entry into Effect
(a) This Administrative Arrangement shall take effect on the date of entry into force of the Understanding and shall remain in effect while the Understanding remains in force.
(b) The competent authorities may modify this Administrative Arrangement by mutual consent in writing.
SIGNED in duplicate at Montréal, this 14th day of December 2022, in the German and French languages, each version being equally valid.
THE MINISTER OF INTERNATIONAL RELATIONS AND LA FRANCOPHONIE OF QUÉBECFOR THE FEDERAL MINISTER OF SOCIAL AFFAIRS, HEALTH, CARE AND CONSUMER PROTECTION OF THE REPUBLIC OF AUSTRIA
Martine BironSylvia Meier-Kajbić
O.C. 1667-2023, Sch. II.
© Gouvernement du Québec