R-9, r. 16 - Regulation respecting the implementation of the Understanding on Social Security between the Gouvernement du Québec and the Government of the Commonwealth of Dominica

Schedule Disposition versions

2012-09-01

SCHEDULE 1

(s. 1)

UNDERSTANDING ON SOCIAL SECURITY BETWEEN QUÉBEC AND THE COMMONWEALTH OF DOMINICA

The Gouvernement du Québec,

and

The Government of the Commonwealth of Dominica

Having resolved to guarantee to their respective nationals the advantages of the co-ordination of their Social Security legislations,

Have agreed as follows:

PART I

GENERAL PROVISIONS

ARTICLE 1

DEFINITIONS

In this Understanding, unless a different meaning is indicated by the context;

(a) «competent authority»: the minister of Québec or the minister of Dominica responsible for the application of the legislation referred to in paragraph 1 of Article 2;

(b) «competent institution»: the department or agency of Québec or the department or agency of Dominica responsible for the administration of the legislation referred to in paragraph 1 of Article 2;

(c) «period of insurance»: any year for which contributions have been paid or for which a disability pension has been paid under the Act respecting the Québec Pension Plan (chapter R-9), as regards Dominica, a period of contribution whether paid or credited;

(d) «benefit»: means any cash benefit, pension or allowance for which provision is made in the legislation of either Party and includes supplements or increases applicable to such a cash benefit, pension or allowance; however, for the purposes of Articles 12, 13 and 14, «benefit» does not include a grant, other than a funeral grant, payable under the legislation of Dominica;

(e) «national»: means a person of Canadian citizenship residing in Québec or a person of Dominican citizenship,

and any term not defined in the Understanding shall be understood as having the meaning given to it in the applicable legislation.

ARTICLE 2

MATERIAL SCOPE

1. This Understanding shall apply:

(a) to the legislation of Québec concerning the Québec Pension Plan;

(b) to the legislation of Dominica concerning old age benefits, invalidity benefits, survivor’s benefits and funeral grants.

2. This Understanding shall apply equally to any enactment which modifies, adds to, or replaces the legislation referred to in paragraph 1.

3. This Understanding shall also apply to any enactment by one Party which extends the existing systems to new categories of beneficiaries; however, this Party may, within three months of the date of the official publication of that enactment, notify the other Party that the Understanding shall not apply.

4. Unless this Understanding is modified to that effect, it shall not apply to any enactment which covers a new branch of Social Security.

ARTICLE 3

PERSONAL SCOPE

Unless otherwise provided, this Understanding shall apply:

(a) to nationals of each Party;

(b) to refugees, within the meaning of Article 1 of the Convention relating to the Status of Refugees of July 28, 1951, and of the Protocol of January 31, 1967, to that Convention;

(c) to stateless persons, within the meaning of Article 1 of the Convention relating to the Status of Stateless Persons of September 28, 1954;

(d) to other persons

who are or have been subject to the legislation of a Party or who have acquired rights by virtue of that legislation.

ARTICLE 4

EQUALITY OF TREATMENT

Unless otherwise provided in the Understanding, persons designated in Article 3 shall, in the application of the legislation of a Party, receive equal treatment with the nationals of that Party.

ARTICLE 5

EXPORT OF BENEFITS

1. Unless otherwise provided in the Understanding, any benefit acquired under the legislation of one Party, as well as benefits acquired under the Understanding, may not suffer any reduction, modification, suspension, suppression or confiscation solely as a result of the beneficiary residing or sojourning in the territory of the other Party, and such benefit shall be payable in the territory of the other Party.

2. Any benefit which, under the Understanding, is payable by one Party in the territory of the other Party, shall also be payable outside the territory of either Party under the same conditions that the first Party applies to its nationals under its internal legislation.

PART II

PROVISIONS ON THE APPLICABLE LEGISLATION

ARTICLE 6

GENERAL RULE

Subject to Articles 7, 8, 9, 10 and 11, persons shall be subject only to the legislation of the Party in whose territory they are working.

ARTICLE 7

SELF-EMPLOYED PERSONS

Persons residing in the territory of one Party and working for their own account in the territory of the other Party or in the territory of both Parties shall, with respect to such work, be subject only to the legislation of their place of residence.

ARTICLE 8

DETACHMENT

1. Persons subject to the legislation of one Party and temporarily detached by their employers, for a period not exceeding thirty-six months, to the territory of the other Party shall, with respect to such employment, be subject only to the legislation of the first Party during the time of their temporary detachment.

2. However, if the time required to complete the work exceeds thirty-six months, the legislation of the first Party may continue to apply provided that the competent institutions of both Parties give their approval.

ARTICLE 9

TRAVELLING PERSONNEL EMPLOYED IN INTERNATIONAL TRANSPORT

1. Persons working in the territory of both Parties as travelling personnel for an international carrier which, on behalf of others or on its own account, transports passengers or goods, by air or by sea, and which has its registered office in the territory of one Party, shall be subject to the legislation of that Party.

2. However, if those persons are employed by a branch or permanent agency which the undertaking has in the territory of one Party other than the Party in whose territory it has its registered office, they shall be subject to the legislation of the Party in whose territory the branch or permanent agency is located.

3. Notwithstanding paragraphs 1 and 2, if the persons are employed wholly or mainly in the territory of the Party where they are resident, they shall be subject to the legislation of that Party, even if the undertaking which employs them has neither its registered office nor a branch or permanent agency in that territory.

ARTICLE 10

PERSONS IN GOVERNMENT SERVICE

1. Persons employed by one of the Parties and assigned to a post in the territory of the other Party shall be subject only to the legislation of the first Party for all matters relative to that post.

2. Persons residing in the territory of one Party and being in that territory in Government Service for the other Party shall, with respect to that service, be subject only to the legislation which applies in that territory. However, if those persons are nationals of the Party by which they are employed, the may, within six months from the beginning of their employment or from the coming into force of this Understanding, choose to be subject only to the legislation of that Party.

3. In the application of this Article, Canadian citizens who do not reside in Québec but who are or have been subject to the legislation of Québec are deemed to be nationals of Québec.

4. No provision of this Understanding shall be interpreted as being contrary to the provisions of the Vienna Convention on Diplomatic Relations of April 18, 1961, or to the provisions of the Vienna Convention on Consular Relations of April 24, 1963, relative to the legislation mentioned in Article 2.

ARTICLE 11

DEROGATION FROM THE PROVISIONS ON COVERAGE

The competent authorities of both Parties may by common agreement derogate from the provisions of Articles 6, 7, 8, 9 and 10 with respect to any person or category of persons.

PART III

PROVISIONS ON BENEFITS

ARTICLE 12

PRINCIPLE OF TOTALIZATION

When persons have completed periods of insurance under the legislation of both Parties and are not eligible to benefits by virtue of the periods of insurance completed solely under the legislation of one Party, the competent institution of that Party shall totalize, to the extent necessary for the entitlement to benefits under the legislation which it applies, the periods of insurance completed under the legislation of each of the Parties, provided that they do not overlap.

ARTICLE 13

BENEFITS UNDER THE LEGISLATION OF QUÉBEC

1. Persons who have been subject to the legislation of both Parties shall be entitled, as shall their dependants, survivors and other rightful claimants, to benefits under the Québec legislation if they meet the requirements for entitlement to benefits under this legislation. The competent institution of Québec shall determine the amount of benefits in accordance with the provisions of the legislation which it applies.

2. If the persons are not entitled to benefits without totalization under the Québec legislation, the competent institution of Québec shall proceed as follows:

(a) it shall recognize a year of contribution when the competent institution of Dominica certifies that those persons have been credited with a period of insurance of at least thirteen weeks in a calendar year under the legislation of Dominica, provided that the year is included in the contributory period as defined in the Québec legislation;

(b) years recognized under sub-paragraph a shall be totalized with periods of insurance completed under the Québec legislation in accordance with Article 12.

3. When the totalization prescribed in paragraph 2 entitles persons to benefits, the competent institution of Québec shall determine the amount payable as follows:

(a) that part of the benefit which is related to earnings is calculated according to the provisions of the Québec legislation;

(b) the flat rate portion of the benefit is adjusted proportionately to the periods for which contributions were paid under the Québec legislation relative to the contributory period as defined in that legislation.

ARTICLE 14

BENEFITS UNDER THE LEGISLATION OF DOMINICA

1. Persons who have been subject to the legislation of both Parties shall be entitled, as shall their dependants, survivors and other rightful claimants, to benefits under the legislation of Dominica if they meet the requirements for entitlement to benefits under that legislation. The competent institution of Dominica shall determine the amount of benefits in accordance with the provisions of the legislation which it applies.

2. If the persons are not entitled to benefits without totalization under the Dominica legislation, the competent institution of Dominica shall proceed as follows:

(a) it shall recognize, with respect to any year commencing on or after January 1, 1971, fifty-two weeks for which contributions have been paid under the legislation of Dominica, where the competent institution of Québec certifies that these persons have been credited with a period of insurance for each of those years;

(b) it shall recognize, with respect to any week commencing on or after January 1, 1971, a week for which contributions have been paid under the legislation of Dominica, where that week is considered, under the Old Age Security Act which applies in the territory of Quebec, as a week of residence and where that week is not part of a period of insurance under the Quebec Pension Plan;

(c) weeks recognized under sub-paragraphs a and b shall be totalized with periods of insurance completed under the legislation of Dominica, in accordance with Article 12.

3. Where the totalization prescribed in paragraph 2 entitles persons to benefits, the competent institution of Dominica shall determine the amount payable as follows:

(a) it shall first determine the amount of the theoretical benefit which would be payable under the legislation of Dominica on the basis of the minimum period of insurance required under that legislation for entitlement to the benefits;

(b) it shall then multiply the theoretical benefit by the ratio that the periods of insurance actually completed under the legislation of Dominica represent in relation to the minimum periods of insurance required under that legislation for entitlement to the benefit in question.

4. Notwithstanding any other provision of this Understanding, where a retirement grant, an invalidity grant or a survivor’s grant is payable under the legislation of Dominica, but eligibility for a corresponding pension under that legislation can be established through the application of this Understanding, the pension shall be paid in lieu of the grant.

5. Where a retirement grant, an invalidity grant or a survivor’s grant was paid under the legislation of Dominica in respect of an event which happened before the date of the coming into force of this Understanding, and where eligilibity for a corresponding pension under that legislation is subsequently established through the application of this Understanding, the competent institution of Dominica shall deduct from any benefit payable in the form of a pension any amount previously paid in the form of a grant.

ARTICLE 15

COMMON PROVISIONS

If persons are not entitled to benefits after the totalization prescribed in Article 13 or in Article 14, the periods of insurance completed under the legislation of a third party bound to each Party by a legal instrument on Social Security containing provisions on the totalization of periods of insurance shall be taken into account for the determination of entitlement to benefits in accordance with the terms and conditions prescribed in this Part.

PART IV

MISCELLANEOUS PROVISIONS

ARTICLE 16

ADMINISTRATIVE ARRANGEMENT

1. The terms and conditions for the application of this Understanding are established by the Administrative Arrangement agreed by both Parties.

2. The liaison agency of each Party is designated in the Administrative Arrangement.

ARTICLE 17

CLAIM FOR BENEFITS

1. To be entitled to a benefit under this Understanding, a person shall file a claim in accordance with the terms and conditions provided for in the Administrative Arrangement.

2. A claim for a benefit filed under the legislation of one Party after the coming into force of this Understanding shall be deemed to be a claim for an equivalent benefit under the legislation of the other Party, if the claimant:

(a) requests that it be considered a claim under the legislation of the other Party, or

(b) provides information at the time of the claim indicating that the person on whose record benefits are claimed has completed periods of insurance under the legislation of the other Party.

The date of receipt of such claim shall be deemed to be the date on which that claim was received under the legislation of the first Party.

3. The presumption set out in the preceding paragraph shall not impede a person from requesting that a claim for benefits under the legislation of the other Party by deferred.

ARTICLE 18

PAYMENT OF BENEFITS

1. All benefits shall be payable directly to the beneficiary, without any deduction for administrative costs, or for any other cost incurred in paying the benefits.

2. Benefits under this Understanding shall be paid by the competent institution of Québec and Dominica, in a currency freely convertible in the place of residence of the beneficiary.

3. In the application of paragraph 2, when it is necessary to use a conversion rate, that rate shall be the official rate of exchange in effect on the day when the payment is made.

ARTICLE 19

DELAY OF PRESENTATION

1. A request, a declaration or an appeal which, under the legislation of one Party, should have been presented within a prescribed time to the authority or institution of that Party shall be accepted if presented within the same time to the corresponding authority or institution of the other Party. In such a case, the authority or institution of the second Party shall forward, without delay, the request, declaration or appeal to the authority or institution of the first Party.

2. The date on which the request, declaration or appeal is presented to the authority or institution of one Party shall be considered as the date of presentation to the authority or institution of the other Party.

ARTICLE 20

EXPERTS’ REPORTS

1. The competent institution of one Party may, at the request of the competent institution of the other Party, make arrangements for providing experts’ reports concerning person residing or sojourning in its territory.

2. The experts’ reports referred to in paragraph 1 shall not be considered invalid solely on the basis of the fact that they have been prepared in the territory of the other Party.

ARTICLE 21

EXEMPTION OF FEES AND AUTHENTIFICATION

1. Any reduction or exemption of fees provided for in the legislation of one Party with respect to the issuing of a certificate or document required in accordance with that legislation shall be extended to the certificates and documents required in accordance with the legislation of the other Party.

2. Any document required for the application of this Understanding shall be exempt from authentification by diplomatic or consular authorities or from any other similar formalities.

ARTICLE 22

PROTECTION OF PERSONAL INFORMATION

1. In this Article, the word «information» shall mean any indication from which the identity of an individual or legal entity can be easily established.

2. Unless disclosure is required under the legislation or a Party, any information communicated by an institution of one Party to an institution of the other Party shall be confidential and shall be used exclusively for the application of this Understanding.

3. Access to a file containing information shall be subject to the legislation of the Party in whose territory the file is located.

ARTICLE 23

MUTUAL ASSISTANCE

The competent authorities and institutions shall:

(a) communicate to each other any information required for the application of this Understanding;

(b) assist each other at no cost with regard to any matter concerning the application of this Understanding;

(c) forward to each other any information on measures adopted for the application of this Understanding or on modifications to their legislation to the extent that such modifications affect the application of this Understanding;

(d) notify each other of the difficulties encountered in the interpretation or in the application of this Understanding and try to resolve them as far as possible.

ARTICLE 24

REIMBURSEMENT BETWEEN INSTITUTIONS

1. The competent institution of one Party shall reimburse to the competent institution of the other Party the costs related to each expert’s report produced in accordance with Article 20. However, the transmission of medical or other information already in the possession of the competent institutions constitutes an integral part of administrative assistance and shall be prodived without charge.

2. The Administrative Arrangement shall provide for the terms and conditions of the reimbursement of costs referred to in the previous paragraph.

ARTICLE 25

COMMUNICATION

1. The competent authorities and institutions of both Parties and the liaison agencies may communicate with each other in their official language.

2. A decision of a tribunal or of an institution may be communicated directly to a person residing in the territory of the other Party.

PART V

TRANSITIONAL AND FINAL PROVISIONS

ARTICLE 26

TRANSITIONAL PROVISIONS

1. This Understanding shall not confer any right to the payment of benefits for a period before the date of its coming into force.

2. Subject to the provisions of paragraph 1:

(a) periods of insurance completed prior to the date of the coming into force of this Understanding shall be taken into consideration for the purposes of determining entitlement to a benefit under this Understanding:

(b) a benefit, other than a death benefit or a funeral grant, is due under this Understanding even if it is related to an event prior to the date of its coming into force;

(c) any benefit which, on account of nationality or residence, has been refused, reduced or suspended shall, at the request of the person concerned, be granted or re-established from the date of the coming into force of this Understanding;

(d) a benefit granted before the date of the coming into force of this Understanding shall be reviewed, at the request of the person concerned;

(e) if a claim referred to in sub-paragraphs c and d is filed within two years of the date of the coming into force of this Understanding and unless there are more favourable provisions in the applicable legislation, rights under this Understanding shall be acquired from the later date, notwithstanding the provisions of the legislation of either Party concerning the forfeiture or limitation of rights;

(f) if a claim referred to in sub-paragraph c and d is filed after the limit of two years after the coming into force of this Understanding, rights which are not forfeited shall be acquired from the date of the claim, unless there are more favourable provisions in the applicable legislation;

(g) in the case of a benefit payable by virtue of the application of Article 12 and when the claim for such benefit is made within two years from the date of the coming into force of this Understanding, rights created by virtue of this Understanding shall be acquired from that date or from the date of the retirement, the death or the invalidity as confirmed by a medical practitioner causing the right to benefit, whichever is latter, notwithstanding the provisions of the legislation of either Party relative to the forfeiture of rights;

3. For the application of Article 8, a person already detached at the date of the coming into force of this Understanding shall be deemed to have become detached on that date.

ARTICLE 27

COMING INTO FORCE AND DURATION

1. Each contracting Party shall notify the other when the internal procedures required for the coming into force of this Understanding have been completed.

2. This Understanding shall be entered into for an indefinite duration beginning with the date of its coming into force, which shall be set by an exchange of letters between the contracting Parties. It may be denounced by one of the Parties by notifying the other Party in writing. This Understanding shall expire on the 31st day of December which follow the date of notification by at least twelve.

3. If this Understanding is terminated after denunciation, all rights acquired by a person under the provisions of this Understanding shall remain in effect, and negociations shall be undertaken in order to settle rights in the process of being acquired under this Understanding.

Done at Québec City on June 14, 1988, in duplicate, in the French and English languages, both texts being equally authentic.

For the Gouvernement

du Québec

..............

LOUISE ROBIC

In the presence of:

..............

A. OUELLET

For the Government of the

Commonwealth of Dominica

..............

BRIAN G.K. ALLEYNE

In the presence of:

..............

A. WATTY

O.C. 1791-88, Sch. 1.