R-9, r. 23 - Regulation respecting the implementation of the Understanding on Social Security between the Gouvernement du Québec and the Government of Ireland

Schedule Disposition versions

2012-09-01

SCHEDULE I

(s. 1)

UNDERSTANDING ON SOCIAL SECURITY

BETWEEN

THE GOUVERNEMENT DU QUÉBEC

AND

THE GOVERNMENT OF IRELAND

THE GOVERNEMENT DU QUÉBEC

AND

THE GOVERNMENT OF IRELAND

Resolved to co-ordinate their social security legislations,

Have decided to conclude an Understanding for this purpose, and

Have agreed as follows:

PART I

GENERAL PROVISIONS

ARTICLE 1

DEFINITIONS

In the Understanding, unless a different meaning is indicated by the context, the following expressions shall mean:

(a) «competent authority»: as regards Québec, the Minister responsible for the application of the legislation referred to in Article 2 and, as regards Ireland, the Minister for Social Welfare;

(b) «competent institution»: as regards Québec, the department or agency responsible for the administration of the legislation referred to in Article 2 and, as regards Ireland, the Department of Social Welfare;

(c) «period of insurance»: as regards Québec, 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 or any other year considered as equivalent; and, as regards Ireland, a period in respect of which qualifying contributions have been paid or credited, treated as paid or would have been paid but for the operation of the earnings ceiling;

(d) «benefit»: a pension, an annuity, an allowance, a lump-sum grant or any other benefit in cash provided under the legislation of each Party, including any extension, supplement or increase thereto;

(e) «national»: a person of Canadian citizenship residing in Québec or a person of Irish nationality;

(f) «employed person» and «self-employed person»: as regards Ireland, an employed contributor and a self-employed contributor respectively;

(g) «legislation»: the laws and regulations specified in Article 2,

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

ARTICLE 2

LEGISLATION TO WHICH THE UNDERSTANDING APPLIES

1. The Understanding shall apply:

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

(b) in relation to Ireland, to the Social Welfare Acts 1981 to 1993 and the Regulations made under those Acts insofar as they apply to:

i. old age (contributory) pension;

ii. retirement pension;

iii. widows (contributory) pension;

iv. orphans (contributory) allowance;

v. invalidity pension;

vi. death grant; and

vii. the liability for the payment of employment or self-employment contributions.

2. The Understanding shall apply equally to any law or regulation which modifies, adds to, replaces or consolidates the legislation referred to in paragraph 1.

3. The Understanding shall apply also to a law or regulation of one Party which extends the existing systems to new categories of beneficiaries; however, this Party may, within three months of the date of the coming into force of that law or regulation, notify the other Party that the Understanding shall not apply.

4. The Understanding shall not apply to a law or regulation which covers a new branch of social security, unless the Understanding is modified to that effect.

ARTICLE 3

PERSONS TO WHOMS THIS UNDERSTANDING APPLIES

Unless otherwise provided, the 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, including their survivors and dependants, 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 benefit acquired under the Understanding, may not suffer any reduction, modification, suspension, supression or confiscation solely as a result of the beneficiary permanently or temporarily residing 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

Unless otherwise provided in the Understanding and 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 as employed or self-employed persons.

ARTICLE 7

SELF-EMPLOYED PERSONS

Persons ordinarily residing in the territory of one Party and working as self-employed persons 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

DETACHED PERSONS

1. Persons subject to the legislation of one Party and temporarily detached by their employer, for a period not exceeding twenty-four months, to the territory of the other Party to perform work for the same employer shall, with respect to such employment, be subject only to the legislation of the first Party during the term of their detachment.

2. However, if the time required to complete the work comes to exceed twenty-four 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, and which has its registered office in the territory of one Party, shall be subject to the legislation of this 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 the preceding two paragraphs, 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, event if the undertaking which employs them has neither its registered office nor a branch or permanent agency in that territory.

4. Persons who, but for this article, would be subject to the legislation of both Parties in respect of employment as members of the crew of a ship shall, in respect of that employment, be subject only to the legislation of Ireland if the ship is flying the Irish flag and only to the legislation of Québec in any other case.

ARTICLE 10

PERSONS IN GOVERNMENT SERVICE

1. Persons in Government Service for 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, they may, within six months from the beginning of their employment or from the coming into force of the 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. In the application of this Article, persons in Government Service include, for Ireland, persons employed by public corporations.

5. No provision of the Understanding may 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 referred to 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 persons or categories of persons.

PART III

PROVISIONS ON BENEFITS

ARTICLE 12

ACCEPTANCE OF PERIODS OF INSURANCE AND TOTALISATION

When persons have completed periods of insurance under the legislation of both Parties and are not eligible for benefits by virtue of the periods of insurance completed solely under the legislation of one Party, the competent institution of that Party shall take into account periods of insurance completed under the legislation of the other Party as though they had been completed under the legislation of that Party. The competent institution of that Party shall totalise, to the extent necessary for 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. If persons who have been subject to the legislation of both Parties meet the requirements for entitlement to benefits, for themselves or for their dependants, survivors or other rightful claimants, under the legislation of Québec without having recourse to the provisions of Article 12, 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 referred to in paragraph 1 are not entitled to benefits without totalisation, the competent institution of Québec shall proceed as follows:

(a) it shall recognize a year of contribution when the competent institution of Ireland certifies that those persons have qualifying contributions in respect of at least thirteen (13) contribution weeks in a contribution year under the legislation of Ireland, provided that the year is included in the contributory period as defined in the legislation of Québec;

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

3. When the totalisation 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 legislation of Québec;

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

ARTICLE 14

BENEFITS UNDER THE LEGISLATION OF IRELAND

1. If persons who have been subject to the legislation of both Parties meet the requirements for entitlement to benefits, for themselves or for their dependants, survivors or other rightful claimants, under the legislation of Ireland without having recourse to the provisions of Article 12, the competent institution of Ireland shall determine the amount of benefits in accordance with the provisions of the legislation which it applies.

2. If the persons referred to in paragraph 1 are not entitled to benefits without totalisation, the competent institution of Ireland shall proceed as follows:

(a) for the purpose of determining entitlement to a benefit other than a death grant:

i. it shall recognize, with respect to any year commencing on or after January 1, 1966, fifty-two (52) contribution weeks under the legislation of Ireland in respect of which qualifying contributions have been paid, when the competent institution of Québec certifies that those persons have been credited with a period of insurance under the legislation of Québec;

ii. if entitlement does not ensue from totalisation under sub-paragraph i, it shall recognize, with respect to any week considered as a week of residence under the Old Age Security Act which applies in the territory of Québec, a contribution week under the legislation of Ireland in respect of which contributions have been paid, provided that that week is not part of a period of insurance under the legislation of Québec;

iii. weeks recognized under sub-paragraphs i and ii shall be totalised with periods of insurance completed under the legislation of Ireland, in accordance with Article 12.

(b) for the purpose of determining entitlement to a death grant:

i. it shall recognize, with respect to any year commencing on or after January 1, 1971, fifty-two (52) contribution weeks under the legislation of Ireland in respect of which qualifying contributions have been paid, when the competent institution of Québec certifies that those persons have been credited with a period of insurance under the legislation of Québec;

ii. it shall recognize, with respect to any week commencing on or after October 1, 1970, a contribution week under the legislation of Ireland in respect of which qualifying contributions have been paid, when that week is considered as a week of residence under the Old Age Security Act which applies in the territory of Québec provided that that week is not part of a period of insurance under the legislation of Québec;

iii. it shall recognize thirteen (13) contribution weeks under the legislation of Ireland in respect of which qualifying contributions have been paid, when the competent institution of Québec certifies that the period from October 1, 1970, to December 31, 1970, is part of a period of insurance under the legislation of Québec;

iv. weeks recognized under sub-paragraphs i, ii and iii shall be totalised with periods of insurance completed under the legislation of Ireland, in accordance with Article 12.

3. (a) When the totalisation provisions in this Understanding are invoked, the persons entitlement to benefit shall be determined by the competent authority of Ireland on the basis of the totalised periods in accordance with the relevant statutory contribution conditions provided for under the legislation of Ireland and the aforesaid competent authority shall calculate the amount of Irish benefit, other than death grant and orphans (contributory) allowance, as follows:

i. the amount of the theoretical benefit, exclusive of any increase or additional allowance, other than an increase for an adult dependant, which would be payable if all the periods reckonable under the legislation of both Parties had been completed under its own legislation shall first be calculated;

ii. the proportion of such theoretical benefit which bears the same relation to the whole as the total of the reckonable periods completed under the legislation of Ireland bears to the total of the reckonable periods under the legislation of Ireland and the periods taken into account under paragraph 2 a (i) or 2 a (i) and (ii) shall then be calculated.

The proportionate amount thus calculated shall be the rate of benefit actually payable to such persons by the competent institution of Ireland.

(b) In the case of death grant and orphans (contributory) allowance, the amount of benefit payable shall be calculated in accordance with the relevant contribution conditions under the legislation of Ireland.

(c) For purposes of the application of sub-paragraph a,

i. where a compulsory or voluntary period of insurance completed under the legislation of Ireland coincides with a period of insurance completed under the legislation of Québec, only the period of insurance completed under the legislation of Ireland shall be considered;

ii. where a credited period of insurance completed under the legislation of Ireland coincides with a period of insurance completed under the legislation of Québec, the period of insurance completed under the legislation of Ireland shall not be considered.

4 (a) If the total duration of the periods of insurance completed under the legislation of Ireland is less than fifty-two weeks and if, taking into account only those periods, no right to a benefit exists under that legislation, the competent institution of Ireland will not be required to award benefits in respect of those periods by virtue of this Understanding.

(b) These periods shall however be taken into account by competent institution of Québec to determine eligibility for benefits under the legislation of Québec through the application of Article 13.

PART IV

MISCELLANEOUS PROVISIONS

ARTICLE 15

ADMINISTRATIVE ARRANGEMENT

1. The terms and conditions for the application of the Understanding shall be set out in an Administrative Arrangement to be agreed to by both Parties.

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

ARTICLE 16

CLAIM FOR BENEFITS

1. To be entitled to a benefit under the 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 date of the coming into force of the Understanding shall be deemed to be a claim for an equivalent benefit under the legislation of the other Party, if the person:

(a) indicates that the claim be considered as a claim under the legislation of the other Party; or

(b) indicates, at the time of the claim, that periods of insurance have been completed under the legislation of the other Party.

The date of receipt of such a 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 be deferred.

ARTICLE 17

PAYMENT OF BENEFITS

All cash benefits shall be payable directly to the beneficiary or, as regards the legislation of Ireland, to his or her authorized agent where appropriate, in the currency of the Party making the payments, without any deduction for administrative costs, or for any other costs incurred in paying the benefits.

ARTICLE 18

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 19

MEDICAL REPORTS

1. At the request of the competent institution of one Party, the competent institution of the other Party shall make the necessary arrangements for providing medical reports required for persons permanently or temporarily residing in the territory of the last Party.

2. The medical reports referred to in paragraph 1 shall not be considered invalid because they have been prepared in the territory of the other Party.

ARTICLE 20

EXEMPTION OF FEES AND AUTHENTICATION

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 the Understanding shall be exempt from authentication by diplomatic or consular authorities or from any other similar formalities.

ARTICLE 21

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 of 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 the Understanding.

3. Access to a file containing information shall be subject to the legislation of the Party on whose territory the file is located. In the case of Ireland, that legislation means the Data Protection Act, 1988.

ARTICLE 22

MUTUAL ASSISTANCE

The competent authorities and institutions shall:

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

(b) assist each other free of charge in any matter concerning the application of the Understanding;

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

(d) notify each other of any difficulty encountered in the interpretation or in the application of the Understanding.

ARTICLE 23

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 medical report produced in accordance with Article 19. However, the transmission of medical or other information already in the possession of the competent institutions shall constitute an integral part of administrative assistance and shall be performed 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 24

COMMUNICATION

1. The competent authorities and institutions and the liaison agencies of both Parties may communicate with each other in any of the official languages of either Party.

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

ARTICLE 25

SETTLEMENT OF DISPUTES

1. Any dispute between the two contracting Parties concerning the interpretation or the application of the Understanding shall, as far as possible, be settled by the competent authorities.

2. If a dispute cannot be settled as prescribed in paragraph 1, it shall be referred, at the request of one Party, to a joint commission.

3. The joint commission shall be formed on an ad hoc basis.

4. The joint commission shall study the dispute and try to conciliate the Parties by submitting recommendations likely to settle the dispute. The legislation of Ireland and Quebec should be consulted for guidance in this respect.

PART V

TRANSITIONAL AND FINAL PROVISIONS

ARTICLE 26

TRANSITIONAL PROVISIONS

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

2. For the application of Part III and subject to the provisions of paragraph 1 of this Article:

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

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

(c) 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 the Understanding, rights arising by virtue of the 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 opening the right to benefit, whichever is latter, notwithstanding the provisions of the legislation of both Parties relative to the forfeiture of rights;

(d) a benefit granted before the date of the coming into force of the Understanding shall be revised, at the request of the person concerned. If the revision leads to a benefit lower than that which was paid before the coming into force of the Understanding, the amount of benefit previously paid shall be maintained;

(e) if a claim referred to in sub-paragraph d is filed within two years of the date of the coming into force of the Understanding, rights arising by virtue of the Understanding shall be acquired from that date, notwithstanding the provisions of the legislation of both Parties relative to the forfeiture of rights;

(f) if a claim referred to in sub-paragraph d is filed after the limit of two years after the coming into force of the 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.

3. For the application of Article 8, a person who makes a request and is already detached at the date of the coming into force of the 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 the Understanding have been completed.

2. The 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. The Understanding shall expire on the 31st day of December which follows the date of notification by at least twelve months.

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

Done at Québec, on October 6, 1993, in duplicate, in the French and English languages, both texts being equally authentic.

FOR THE GOUVERNEMENT DU QUÉBEC

JOHN CIACCIA,

Minister of International Affairs

FOR THE GOVERNMENT OF IRELAND

DR. MICHAEL WOODS T.D.,

Minister of Social Welfare

O.C. 274-94, Sch. I.