R-9, r. 28 - Regulation respecting implementation of the Understanding on Social Security between the Gouvernement du Québec and the Government of Republic of Malta

Schedule Disposition versions

2012-09-01

SCHEDULE II

(a. 2)

ADMINISTRATIVE ARRANGEMENT TO THE UNDERSTANDING ON SOCIAL SECURITY BETWEEN QUÉBEC AND MALTA

The gouvernement du Québec,

and

The Government of Malta,

Considering Article 16 of the Understanding on Social Security between the Gouvernement du Québec and the Government of Malta,

Desirous to give application to this Understanding,

Have agreed as follows:

ARTICLE 1

DEFINITIONS

In this Administrative Arrangement,

(a) the term «Understanding» shall mean the Understanding on Social Security between the Gouvernement du Québec and the Government of Malta, signed on April 5, 1991;

(b) all other terms shall have the meaning given to them in Article 1 of the Understanding.

ARTICLE 2

LIAISON AGENCIES

In accordance with the provisions of paragraph 2 of Article 16 of the Understanding, the liaison agencies designated by each of the Parties shall be:

(a) as regards Québec, the Direction de l’administration des ententes de sécurité sociale of the Ministère des Communautés culturelles et de l’Immigration or any other agency that the competent authority of Québec may subsequently designate;

(b) as regards Malta, the Department of Social Security or any other agency that the competent authority of Malta may subsequently designate.

ARTICLE 3

CERTIFICATE OF COVERAGE

1. For the application of Articles 7 to 11 of the Understanding, when a person remains subject to the legislation of one Party while working in the territory of the other Party, a certificate of coverage shall be issued

(a) by the liaison agency of Québec, when the person remains subject to the legislation of Québec;

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

2. The liaison agency issuing the certificate of coverage shall send a copy of that certificate to the other liaison agency mentioned in paragraph 1, to the person concerned and, if applicable, to the employer of that person.

ARTICLE 4

RETIREMENT, DISABILITY AND SURVIVORS’ BENEFITS

1. A claim for a benefit by virtue of the Understanding may be presented to the liaison agency of either Party, or to the competent institution of the Party whose legislation applies.

2. When a claim for benefit mentioned in paragraph 1 is presented to a liaison agency, that agency shall send that claim to the competent institution of the Party whose legislation is applicable, along with the required supporting documents.

3. When the claim for a benefit referred to in paragraph 2 of Article 17 of the Understanding is presented to the competent institution of one Party, that institution shall send that claim to the liaison agency of the same Party. The liaison agency shall send that claim to the competent institution of the other Party, along with the required supporting documents.

4. Any information concerning the civil status indicated on a claim shall be certified by the liaison agency transmitting the claim, which shall then be exempt from transmission of the supporting documents.

5. Any original document or a copy thereof shall be kept by the liaison agency to which it was initially submitted and a copy shall, upon request, be provided to the competent institution of the other Party.

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

7. If so requested by the competent institution or by the liaison agency of one Party, the liaison agency or the competent institution of the other Party shall indicate, on the liaison form, the periods of insurance recognized under the legislation which it applies.

8. As soon as decisions have been taken pursuant to the legislation which it applies, a competent institution shall notify the claimants and inform them about the ways of recourse and time limits for such recourse prescribed by that legislation; the competent institution shall also inform, by means of the liaison form, the liaison agency of the other Party about the decisions.

ARTICLE 5

REIMBURSEMENT BETWEEN INSTITUTIONS

For the application of Article 24 of the Understanding, at the end of each calendar year, when the competent institution of a Party has provided benefits or has produced experts’ reports, on behalf or at the expense of the competent institution of the other Party, the liaison agency of the first Party shall send to the liaison agency of the other Party a statement listing the benefits granted or the fees pertaining to the experts’ reports produced during the year under consideration, indicating the amount owed. That statement shall be accompanied by supporting documents.

ARTICLE 6

FORMS

Any forms or other documents necessary to implement the procedures prescribed by the Administrative Arrangement shall be determined by common agreement by the competent institutions and the agencies responsible for the application of the Understanding for each of the Parties.

ARTICLE 7

STATISTICS

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

ARTICLE 8

COMING INTO FORCE AND DENUNCIATION

The Administrative Arrangement shall come into force on the same date as the Understanding. The denunciation of the Understanding carries the denunciation of the Administrative Arrangement.

Done at Montréal on April 5, 1991, in duplicate, in the French and English languages, both texts being equally authentic.

For the gouvernement du Québec

JOHN CIACCIA

For the Government of Malta

LOUIS CÔTÉ

O.C. 1625-91, Sch. II.