R-9, r. 36.1 - Regulation respecting the implementation of the Agreement on Social Security between the Gouvernement du Québec and the Government of the Republic of Serbia

Schedule Disposition versions

2022-02-01

SCHEDULE 2

(s. 2)

ADMINISTRATIVE ARRANGEMENT FOR THE APPLICATION OF THE AGREEMENT ON SOCIAL SECURITY BETWEEN THE GOUVERNEMENT DU QUÉBEC AND THE GOVERNMENT OF THE REPUBLIC OF SERBIA

THE COMPETENT AUTHORITY OF QUÉBEC

AND

THE COMPETENT AUTHORITY OF THE REPUBLIC OF SERBIA,

IN ACCORDANCE WITH Article 34 of the Agreement on Social Security between the Gouvernement du Québec and the Government of the Republic of Serbia;

HAVE AGREED TO THE FOLLOWING PROVISIONS:

TITLE I

GENERAL PROVISIONS

ARTICLE 1

Definitions

In this Administrative Arrangement:

(1) the term “Agreement” shall mean the Agreement on Social Security between the Gouvernement du Québec and the Government of the Republic of Serbia;

(2) the other terms used shall have the meaning given to them in Article 1 of the Agreement.

ARTICLE 2

Liaison agencies

In accordance with the provisions of paragraph 2 of Article 34 of the Agreement, the liaison agencies shall be:

— for Québec, the Bureau des ententes de sécurité sociale of Retraite Québec or any other body that the Gouvernement du Québec could subsequently designate;

— for the Republic of Serbia, the Social Insurance Institute (за Републику Србију, Завод за социјално осигурање).

ARTICLE 3

Competent institutions

The competent institutions for the purposes of Title III of the Agreement shall be:

For Québec:

— Retraite Québec, for retirement, disability and survivor’s benefits;

— the Commission des normes, de l’équité, de la santé et de la sécurité du travail, for benefits in case of occupational injury; and

— the Régie de l’assurance maladie du Québec, hereinafter referred to as “RAMQ”, for health benefits.

For the Republic of Serbia:

— the Pension and Disability Fund of the Republic of Serbia (Републички фонд за пензијско и инвалидско осигурање), for old age and disability insurance benefits for workers and benefits in case of industrial accidents and occupational diseases;

— the Health Insurance Fund of the Republic of Serbia (Републички фонд за здравствено осигурање), for health insurance benefits and benefits in case of industrial accidents and occupational diseases; and

— the Fund for Military Social Insurance (Фонд за социјално осигурање војних осигураника), for social insurance benefits for insured military personnel.

TITLE II

PROVISIONS CONCERNING THE APPLICABLE LEGISLATION

ARTICLE 4

Certificate of coverage

(1) For the purposes of Articles 7, 8, 9 and 11 of the Agreement, a certificate of coverage shall be issued:

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

— by the organization unit of the competent institution for health insurance of the Republic of Serbia, where a person remains subject to the legislation of the Republic of Serbia.

(2) The liaison agency or the competent institution that issues the certificate of coverage shall give that certificate to the applicant and shall send a copy to the liaison agency or the competent institution of the other Party referred to in paragraph 1 of this Article.

(3) For the purposes of Article 11 of the Agreement, the liaison agency of Québec and the competent authority of the Republic of Serbia shall send each other any application for derogation from the provisions on coverage. The liaison agency of Québec shall be responsible for obtaining the decision of its competent authorities and shall so inform the competent authority of the Republic of Serbia.

TITLE III

PROVISIONS CONCERNING BENEFITS

CHAPTER 1

RETIREMENT BENEFITS, DISABILITY BENEFITS AND SURVIVORS’ BENEFITS

ARTICLE 5

Filing and processing of claim

(1) For the purposes of Chapter 1 of Title III of the Agreement, the competent institution or the liaison agency of one Party may receive a claim for benefits under the legislation of either Party. Where the claim is submitted, the competent institution or liaison agency shall require from the claimant the supporting documents required for processing the claim.

(2) Where the claim for benefits referred to in paragraph 1 is submitted to a competent institution or a liaison agency of one Party, the application shall be forwarded to the competent institution of the Party whose legislation is applicable, together with copies that the institution or agency has certified true to the original of the supporting documents required. A bilingual liaison form shall accompany the application and supporting documents referred to in this paragraph.

(3) A copy of the claim for benefits and supporting documents shall be kept by the competent institution or the liaison agency that initially received the claim. A copy of those documents shall be made available, on request, to the competent institution of the other Party.

(4) Any information respecting civil status entered on the claim form for benefits shall be certified on the liaison form by the competent institution or by the liaison agency that forwards the application, which exempts it from sending the supporting documents.

(5) Where a claim for benefits is submitted or where the competent institution or the liaison agency of one Party so requires, the competent institution or the liaison agency of the other Party shall indicate on a bilingual form the insurance periods recognized under the legislation it applies.

(6) As soon as it has made a decision under the legislation it applies, the competent institution shall so notify the claimant and inform the claimant of the means and periods of appeal prescribed by that legislation; it shall also inform the competent institution or the liaison agency of the other Party, using the liaison form.

(7) Where the competent institution or the liaison agency of one Party observes a change likely to affect the entitlement of a recipient to a benefit under the legislation of the other Party, the institution or agency shall so inform the competent institution of that other Party.

CHAPTER 2

OCCUPATIONAL INJURY BENEFITS

ARTICLE 6

Person covered by the legislation of one Party and staying or residing in the territory of the other Party

(1) For the purposes of Article 18 of the Agreement, where an occupational injury occurs while the person subject to the legislation of one Party stays or resides in the territory of the other Party, the institution of the place of stay or residence, when it receives a claim for that person, shall send it to the competent institution so that the latter may determine if the occupational injury is covered by the legislation it applies. If it is established that it is an occupational injury under the legislation applied by the competent institution, that institution shall issue, where applicable, a service entitlement form whereby the institution in the place of stay or residence is to provide the benefits in kind.

(2) If the person is entitled to a benefit before going to the territory of the other Party to stay or reside in the territory, the person is required to submit a form to the institution of the place of stay or residence attesting that the competent institution authorizes the person to maintain entitlement to benefits in kind. If the form could not be established prior to departure, the competent institution may, on request from the person or the institution of the place of stay or residence, issue the form.

(3) Where the person referred to in paragraph 1 or 2 requests that the entitlement to benefits in kind be extended beyond the period indicated in the form that is issued, the person shall address the claim to the competent institution either directly or through the institution of the place of stay or residence. The competent institution shall issue, where applicable, a new form attesting the person’s right for an extension of the benefits in kind.

ARTICLE 7

Relapse

(1) To receive benefits in case of relapse, the person referred to in Article 19 of the Agreement shall submit a claim to the institution of the place of stay or residence, along with a medical report and a declaration signed by the person describing the location and circumstances of the relapse, specifying that the person has already received benefits from the competent institution of the other Party following an industrial accident or an occupational disease. In addition, the person shall be required to provide the institution of the place of stay or residence with the necessary information relating to benefits previously granted for that accident or occupational disease. If deemed necessary, the institution of the place of stay or residence may inquire upon the competent institution which provided the benefits in order to obtain any relevant details.

(2) For the purposes of subparagraph 1.2 of subparagraph 1 of paragraph 2 of Article 19 of the Agreement, the competent institution of the place of stay or residence which bears the additional benefits corresponding to the relapse shall notify the competent institution of the other Party.

(3) For the purposes of subparagraph 2 of paragraph 2 of Article 19 of the Agreement, a copy of the decision of refusal by the institution of the place of stay or residence shall be forwarded to the competent institution of the other Party, along with the claim and the documents referred to in paragraph 1 so that it may make a decision on the relapse, according to the legislation it applies.

ARTICLE 8

Granting of benefits in kind of great importance

(1) For the purposes of Article 21 of the Agreement, 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, of a value greater than 500 euros, converted in Canadian dollars or Serbian dinars, it shall ask the competent institution to transmit its decision on such benefits, using the prescribed form. If, however, the 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 the notice shall then be considered as retroactive authorization.

(2) Benefits referred to in paragraph 1 shall be provided in accordance with the conditions and manner prescribed by the legislation applied by the institution of the place of stay or residence, unless otherwise stated by the competent institution.

(3) The competent authorities shall revise, every five years following the date of entry into force of the Agreement, the amount mentioned in paragraph 1 to take into account the increase of the costs of benefits in kind of great importance, which shall be set by an exchange of letters.

ARTICLE 9

Assessment of the degree of disability

For the purposes of Articles 22 and 23 of the Agreement, the person and the competent institution to which the person was previously affiliated shall provide the competent institution dealing with the claim, insofar as it is required to process the claim, with information on occupational injuries that occurred under the previous legislation.

ARTICLE 10

Double exposure to same risk

(1) The competent institution that examines a claim filed pursuant to paragraph 1 of Article 24 shall request confirmation from the competent institution of the other Party, using the appropriate form, of the duration of the work periods involving contributory exposure, given the occupational disease diagnosed, and completed under the legislation it applies.

(2) When the competent institution that examines the claim concludes that it cannot, in accordance with the legislation it applies, grant the claim, even taking into account the provisions of paragraph 1 of Article 24 of the Agreement, that institution shall notify the person or, in case of death, the beneficiaries, of its decision indicating the reasons for refusal and the procedures and time limits for legal remedies provided for by law. That institution shall notify the person or, in case of death, the beneficiaries, of the possibility to consent to the transmission, to the competent institution of the other Party, of a copy of the decision and its accompanying documents so that the latter may make its own decision on the claim. If there is consent, that institution shall forward without delay, to the competent institution of the other Party, a copy of the decision and its accompanying documents.

(3) In the case where a legal remedy is lodged against the decision to deny benefits of the competent institution of the first Party, that institution shall be obliged to inform the competent institution of the other Party of the proceedings and of any subsequent final decision made.

ARTICLE 11

Notice of shared costs

For the purposes of subparagraph 2 of paragraph 2 of Article 24 of the Agreement, the competent institution that ensures the provision of benefits shall forward to the competent institution of the other Party a form on which it indicates the amount of the benefits provided to the person or the person’s beneficiaries, the period of work that caused the occupational disease performed in the territory of each Party, as confirmed according to the form provided for in paragraph 1 of Article 10 of this Administrative Arrangement, and the share to be paid by each of the competent institutions. The invoicing and reimbursement shall be done according to the terms and conditions of Article 15 of this Administrative Arrangement.

CHAPTER 3

HEALTH BENEFITS

ARTICLE 12

Procedure respecting entitlement to benefits in kind

(1) For the purposes of Articles 28 and 29 of the Agreement, information on the insurance periods completed previously shall be provided by the institution of the Party whose legislation the person has been subjected to earlier by means of a form attesting to the insurance periods.

(2) To receive benefits in kind in the territory of Québec, persons shall register with the RAMQ by using the registration form intended for that purpose and submitting, in addition to the document relating to their immigration status in Québec and, where applicable, proof of establishment of domicile, the attestation referred to in paragraph 1. Entitlement to benefits shall be established upon receipt of those documents by the RAMQ with retroactive effect to the day of arrival.

(3) To receive benefits in kind in the territory of the Republic of Serbia, persons shall register with the organization unit of the competent institution for health insurance under the conditions set out in the legislation of the Republic of Serbia by submitting the attestation referred to in paragraph 1. The benefits shall be granted from the day of arrival.

ARTICLE 13

Procedure preceding the provision of benefits to detached persons, spouse and dependants

(1) For the purposes of Article 30 of the Agreement:

— in Québec, persons shall register with the RAMQ by using the form intended for that purpose and submitting the document relating to their immigration status in Québec and the certificate of coverage;

— in the Republic of Serbia, persons shall register with the organization unit of the health insurance institution by using the form prescribed and submitting a certificate of coverage.

(2) Paragraph 1 shall also apply to the spouse and the dependants accompanying or joining the person as long as their names appear on the certificate of coverage that was issued to the person.

ARTICLE 14

Procedure preceding the provision of benefits during a stay for studies

For the purposes of Article 31 of the Agreement:

— in Québec, persons shall register with the RAMQ by using the form intended for that purpose and submitting the document relating to their immigration status in Québec and the form attesting to their status of insured person established by the competent institution of the Republic of Serbia;

— in the Republic of Serbia, persons shall register with the organization unit of the health insurance institution under the conditions set out in the legislation of the Republic of Serbia, by submitting the form attesting to their status of insured person established by the RAMQ.

TITLE IV

MISCELLANEOUS PROVISIONS

ARTICLE 15

Reimbursement between institutions

(1) For the reimbursement of the benefits referred to in Chapter 2 of Title III and Articles 30 and 31 of the Agreement:

(1) The institution that provided benefits in kind shall forward to the competent institution a claim for reimbursement at the end of a calendar year.

(2) The institution that provided benefits in kind shall address to the competent institution the claim for reimbursement with two copies of the individual cost statements on the bilingual form established and the summary.

(3) The competent institution shall reimburse expenses within six months following the date on which the request for reimbursement is received.

(4) If an expense is contested, the competent institution shall submit a notice to the institution that provided benefits in kind within six months following the date on which the request is received.

(5) If the amount of the reimbursement is contested or payment is not made, the institution that provided benefits in kind shall submit a notice to the competent institution within six months following the date of reimbursement or the expiry of the period mentioned in subparagraph 3.

(6) In the cases referred to in subparagraphs 4 and 5, if the notice remains unanswered for six months, it shall be considered accepted.

(7) Claims for reimbursement shall be established in the currency in effect in the territory in which the costs were incurred.

(8) For Québec, the reimbursement shall be in Canadian dollars. For the Republic of Serbia, the amount of the reimbursement shall be converted in euros at the average exchange rate of the National Bank of Serbia, on the date on which the statement is established. A document indicating the exchange rate used shall be attached.

(9) Claims for reimbursement shall be submitted to the competent institution by the institution that provided the benefits in kind not later than the fifth year following the year in which the benefits were provided.

(2) For the reimbursement of the medical examinations and expert appraisals referred to in Article 38 of the Agreement, subparagraphs 1, 2, 3, 7 and 8 of paragraph 1 shall apply by analogy with the necessary adaptations.

ARTICLE 16

Forms

The model of the attestations and forms necessary for the application of the Agreement and of this Administrative Arrangement shall be prescribed by common agreement, by the liaison agencies and by the competent institutions of both Parties.

ARTICLE 17

Statistical data

The liaison agencies of both Parties shall exchange, during the year, statistical data concerning the previous calendar year as soon as it is available. Such data shall include the number of certificates of coverage issued under Title II of the Agreement and the payments made to the beneficiaries under Chapter 1 of Title III of the Agreement, including the number of beneficiaries and the total amount of benefits by category.

ARTICLE 18

Entry into force and term

This Administrative Arrangement shall enter into force on the same date as the Agreement and applies for as long as the Agreement is in force.

Done in two copies, in the French and Serbian languages, both texts being equally authentic.

FOR THE COMPETENT AUTHORITY OF QUÉBEC		FOR THE COMPETENT AUTHORITY OF THE REPUBLIC OF SERBIA
In Québec, 19 June 2020		In Ottawa, 19 June 2020
Nadine Girault, Minister of International Relations and La Francophonie		Mihailo Papazoglu, Ambassador of the Republic of Serbia in Ottawa

O.C. 1113-2021, Sch. 2.

Not in force

SCHEDULE 2

(s. 2)

ADMINISTRATIVE ARRANGEMENT FOR THE APPLICATION OF THE AGREEMENT ON SOCIAL SECURITY BETWEEN THE GOUVERNEMENT DU QUÉBEC AND THE GOVERNMENT OF THE REPUBLIC OF SERBIA

THE COMPETENT AUTHORITY OF QUÉBEC

AND

THE COMPETENT AUTHORITY OF THE REPUBLIC OF SERBIA,

IN ACCORDANCE WITH Article 34 of the Agreement on Social Security between the Gouvernement du Québec and the Government of the Republic of Serbia;

HAVE AGREED TO THE FOLLOWING PROVISIONS:

TITLE I

GENERAL PROVISIONS

ARTICLE 1

Definitions

In this Administrative Arrangement:

(1) the term “Agreement” shall mean the Agreement on Social Security between the Gouvernement du Québec and the Government of the Republic of Serbia;

(2) the other terms used shall have the meaning given to them in Article 1 of the Agreement.

ARTICLE 2

Liaison agencies

In accordance with the provisions of paragraph 2 of Article 34 of the Agreement, the liaison agencies shall be:

— for Québec, the Bureau des ententes de sécurité sociale of Retraite Québec or any other body that the Gouvernement du Québec could subsequently designate;

— for the Republic of Serbia, the Social Insurance Institute (за Републику Србију, Завод за социјално осигурање).

ARTICLE 3

Competent institutions

The competent institutions for the purposes of Title III of the Agreement shall be:

For Québec:

— Retraite Québec, for retirement, disability and survivor’s benefits;

— the Commission des normes, de l’équité, de la santé et de la sécurité du travail, for benefits in case of occupational injury; and

— the Régie de l’assurance maladie du Québec, hereinafter referred to as “RAMQ”, for health benefits.

For the Republic of Serbia:

— the Pension and Disability Fund of the Republic of Serbia (Републички фонд за пензијско и инвалидско осигурање), for old age and disability insurance benefits for workers and benefits in case of industrial accidents and occupational diseases;

— the Health Insurance Fund of the Republic of Serbia (Републички фонд за здравствено осигурање), for health insurance benefits and benefits in case of industrial accidents and occupational diseases; and

— the Fund for Military Social Insurance (Фонд за социјално осигурање војних осигураника), for social insurance benefits for insured military personnel.

TITLE II

PROVISIONS CONCERNING THE APPLICABLE LEGISLATION

ARTICLE 4

Certificate of coverage

(1) For the purposes of Articles 7, 8, 9 and 11 of the Agreement, a certificate of coverage shall be issued:

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

— by the organization unit of the competent institution for health insurance of the Republic of Serbia, where a person remains subject to the legislation of the Republic of Serbia.

(2) The liaison agency or the competent institution that issues the certificate of coverage shall give that certificate to the applicant and shall send a copy to the liaison agency or the competent institution of the other Party referred to in paragraph 1 of this Article.

(3) For the purposes of Article 11 of the Agreement, the liaison agency of Québec and the competent authority of the Republic of Serbia shall send each other any application for derogation from the provisions on coverage. The liaison agency of Québec shall be responsible for obtaining the decision of its competent authorities and shall so inform the competent authority of the Republic of Serbia.

TITLE III

PROVISIONS CONCERNING BENEFITS

CHAPTER 1

RETIREMENT BENEFITS, DISABILITY BENEFITS AND SURVIVORS’ BENEFITS

ARTICLE 5

Filing and processing of claim

(1) For the purposes of Chapter 1 of Title III of the Agreement, the competent institution or the liaison agency of one Party may receive a claim for benefits under the legislation of either Party. Where the claim is submitted, the competent institution or liaison agency shall require from the claimant the supporting documents required for processing the claim.

(2) Where the claim for benefits referred to in paragraph 1 is submitted to a competent institution or a liaison agency of one Party, the application shall be forwarded to the competent institution of the Party whose legislation is applicable, together with copies that the institution or agency has certified true to the original of the supporting documents required. A bilingual liaison form shall accompany the application and supporting documents referred to in this paragraph.

(3) A copy of the claim for benefits and supporting documents shall be kept by the competent institution or the liaison agency that initially received the claim. A copy of those documents shall be made available, on request, to the competent institution of the other Party.

(4) Any information respecting civil status entered on the claim form for benefits shall be certified on the liaison form by the competent institution or by the liaison agency that forwards the application, which exempts it from sending the supporting documents.

(5) Where a claim for benefits is submitted or where the competent institution or the liaison agency of one Party so requires, the competent institution or the liaison agency of the other Party shall indicate on a bilingual form the insurance periods recognized under the legislation it applies.

(6) As soon as it has made a decision under the legislation it applies, the competent institution shall so notify the claimant and inform the claimant of the means and periods of appeal prescribed by that legislation; it shall also inform the competent institution or the liaison agency of the other Party, using the liaison form.

(7) Where the competent institution or the liaison agency of one Party observes a change likely to affect the entitlement of a recipient to a benefit under the legislation of the other Party, the institution or agency shall so inform the competent institution of that other Party.

CHAPTER 2

OCCUPATIONAL INJURY BENEFITS

ARTICLE 6

Person covered by the legislation of one Party and staying or residing in the territory of the other Party

(1) For the purposes of Article 18 of the Agreement, where an occupational injury occurs while the person subject to the legislation of one Party stays or resides in the territory of the other Party, the institution of the place of stay or residence, when it receives a claim for that person, shall send it to the competent institution so that the latter may determine if the occupational injury is covered by the legislation it applies. If it is established that it is an occupational injury under the legislation applied by the competent institution, that institution shall issue, where applicable, a service entitlement form whereby the institution in the place of stay or residence is to provide the benefits in kind.

(2) If the person is entitled to a benefit before going to the territory of the other Party to stay or reside in the territory, the person is required to submit a form to the institution of the place of stay or residence attesting that the competent institution authorizes the person to maintain entitlement to benefits in kind. If the form could not be established prior to departure, the competent institution may, on request from the person or the institution of the place of stay or residence, issue the form.

(3) Where the person referred to in paragraph 1 or 2 requests that the entitlement to benefits in kind be extended beyond the period indicated in the form that is issued, the person shall address the claim to the competent institution either directly or through the institution of the place of stay or residence. The competent institution shall issue, where applicable, a new form attesting the person’s right for an extension of the benefits in kind.

ARTICLE 7

Relapse

(1) To receive benefits in case of relapse, the person referred to in Article 19 of the Agreement shall submit a claim to the institution of the place of stay or residence, along with a medical report and a declaration signed by the person describing the location and circumstances of the relapse, specifying that the person has already received benefits from the competent institution of the other Party following an industrial accident or an occupational disease. In addition, the person shall be required to provide the institution of the place of stay or residence with the necessary information relating to benefits previously granted for that accident or occupational disease. If deemed necessary, the institution of the place of stay or residence may inquire upon the competent institution which provided the benefits in order to obtain any relevant details.

(2) For the purposes of subparagraph 1.2 of subparagraph 1 of paragraph 2 of Article 19 of the Agreement, the competent institution of the place of stay or residence which bears the additional benefits corresponding to the relapse shall notify the competent institution of the other Party.

(3) For the purposes of subparagraph 2 of paragraph 2 of Article 19 of the Agreement, a copy of the decision of refusal by the institution of the place of stay or residence shall be forwarded to the competent institution of the other Party, along with the claim and the documents referred to in paragraph 1 so that it may make a decision on the relapse, according to the legislation it applies.

ARTICLE 8

Granting of benefits in kind of great importance

(1) For the purposes of Article 21 of the Agreement, 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, of a value greater than 500 euros, converted in Canadian dollars or Serbian dinars, it shall ask the competent institution to transmit its decision on such benefits, using the prescribed form. If, however, the 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 the notice shall then be considered as retroactive authorization.

(2) Benefits referred to in paragraph 1 shall be provided in accordance with the conditions and manner prescribed by the legislation applied by the institution of the place of stay or residence, unless otherwise stated by the competent institution.

(3) The competent authorities shall revise, every five years following the date of entry into force of the Agreement, the amount mentioned in paragraph 1 to take into account the increase of the costs of benefits in kind of great importance, which shall be set by an exchange of letters.

ARTICLE 9

Assessment of the degree of disability

For the purposes of Articles 22 and 23 of the Agreement, the person and the competent institution to which the person was previously affiliated shall provide the competent institution dealing with the claim, insofar as it is required to process the claim, with information on occupational injuries that occurred under the previous legislation.

ARTICLE 10

Double exposure to same risk

(1) The competent institution that examines a claim filed pursuant to paragraph 1 of Article 24 shall request confirmation from the competent institution of the other Party, using the appropriate form, of the duration of the work periods involving contributory exposure, given the occupational disease diagnosed, and completed under the legislation it applies.

(2) When the competent institution that examines the claim concludes that it cannot, in accordance with the legislation it applies, grant the claim, even taking into account the provisions of paragraph 1 of Article 24 of the Agreement, that institution shall notify the person or, in case of death, the beneficiaries, of its decision indicating the reasons for refusal and the procedures and time limits for legal remedies provided for by law. That institution shall notify the person or, in case of death, the beneficiaries, of the possibility to consent to the transmission, to the competent institution of the other Party, of a copy of the decision and its accompanying documents so that the latter may make its own decision on the claim. If there is consent, that institution shall forward without delay, to the competent institution of the other Party, a copy of the decision and its accompanying documents.

(3) In the case where a legal remedy is lodged against the decision to deny benefits of the competent institution of the first Party, that institution shall be obliged to inform the competent institution of the other Party of the proceedings and of any subsequent final decision made.

ARTICLE 11

Notice of shared costs

For the purposes of subparagraph 2 of paragraph 2 of Article 24 of the Agreement, the competent institution that ensures the provision of benefits shall forward to the competent institution of the other Party a form on which it indicates the amount of the benefits provided to the person or the person’s beneficiaries, the period of work that caused the occupational disease performed in the territory of each Party, as confirmed according to the form provided for in paragraph 1 of Article 10 of this Administrative Arrangement, and the share to be paid by each of the competent institutions. The invoicing and reimbursement shall be done according to the terms and conditions of Article 15 of this Administrative Arrangement.

CHAPTER 3

HEALTH BENEFITS

ARTICLE 12

Procedure respecting entitlement to benefits in kind

(1) For the purposes of Articles 28 and 29 of the Agreement, information on the insurance periods completed previously shall be provided by the institution of the Party whose legislation the person has been subjected to earlier by means of a form attesting to the insurance periods.

(2) To receive benefits in kind in the territory of Québec, persons shall register with the RAMQ by using the registration form intended for that purpose and submitting, in addition to the document relating to their immigration status in Québec and, where applicable, proof of establishment of domicile, the attestation referred to in paragraph 1. Entitlement to benefits shall be established upon receipt of those documents by the RAMQ with retroactive effect to the day of arrival.

(3) To receive benefits in kind in the territory of the Republic of Serbia, persons shall register with the organization unit of the competent institution for health insurance under the conditions set out in the legislation of the Republic of Serbia by submitting the attestation referred to in paragraph 1. The benefits shall be granted from the day of arrival.

ARTICLE 13

Procedure preceding the provision of benefits to detached persons, spouse and dependants

(1) For the purposes of Article 30 of the Agreement:

— in Québec, persons shall register with the RAMQ by using the form intended for that purpose and submitting the document relating to their immigration status in Québec and the certificate of coverage;

— in the Republic of Serbia, persons shall register with the organization unit of the health insurance institution by using the form prescribed and submitting a certificate of coverage.

(2) Paragraph 1 shall also apply to the spouse and the dependants accompanying or joining the person as long as their names appear on the certificate of coverage that was issued to the person.

ARTICLE 14

Procedure preceding the provision of benefits during a stay for studies

For the purposes of Article 31 of the Agreement:

— in Québec, persons shall register with the RAMQ by using the form intended for that purpose and submitting the document relating to their immigration status in Québec and the form attesting to their status of insured person established by the competent institution of the Republic of Serbia;

— in the Republic of Serbia, persons shall register with the organization unit of the health insurance institution under the conditions set out in the legislation of the Republic of Serbia, by submitting the form attesting to their status of insured person established by the RAMQ.

TITLE IV

MISCELLANEOUS PROVISIONS

ARTICLE 15

Reimbursement between institutions

(1) For the reimbursement of the benefits referred to in Chapter 2 of Title III and Articles 30 and 31 of the Agreement:

(1) The institution that provided benefits in kind shall forward to the competent institution a claim for reimbursement at the end of a calendar year.

(2) The institution that provided benefits in kind shall address to the competent institution the claim for reimbursement with two copies of the individual cost statements on the bilingual form established and the summary.

(3) The competent institution shall reimburse expenses within six months following the date on which the request for reimbursement is received.

(4) If an expense is contested, the competent institution shall submit a notice to the institution that provided benefits in kind within six months following the date on which the request is received.

(5) If the amount of the reimbursement is contested or payment is not made, the institution that provided benefits in kind shall submit a notice to the competent institution within six months following the date of reimbursement or the expiry of the period mentioned in subparagraph 3.

(6) In the cases referred to in subparagraphs 4 and 5, if the notice remains unanswered for six months, it shall be considered accepted.

(7) Claims for reimbursement shall be established in the currency in effect in the territory in which the costs were incurred.

(8) For Québec, the reimbursement shall be in Canadian dollars. For the Republic of Serbia, the amount of the reimbursement shall be converted in euros at the average exchange rate of the National Bank of Serbia, on the date on which the statement is established. A document indicating the exchange rate used shall be attached.

(9) Claims for reimbursement shall be submitted to the competent institution by the institution that provided the benefits in kind not later than the fifth year following the year in which the benefits were provided.

(2) For the reimbursement of the medical examinations and expert appraisals referred to in Article 38 of the Agreement, subparagraphs 1, 2, 3, 7 and 8 of paragraph 1 shall apply by analogy with the necessary adaptations.

ARTICLE 16

Forms

The model of the attestations and forms necessary for the application of the Agreement and of this Administrative Arrangement shall be prescribed by common agreement, by the liaison agencies and by the competent institutions of both Parties.

ARTICLE 17

Statistical data

The liaison agencies of both Parties shall exchange, during the year, statistical data concerning the previous calendar year as soon as it is available. Such data shall include the number of certificates of coverage issued under Title II of the Agreement and the payments made to the beneficiaries under Chapter 1 of Title III of the Agreement, including the number of beneficiaries and the total amount of benefits by category.

ARTICLE 18

Entry into force and term

This Administrative Arrangement shall enter into force on the same date as the Agreement and applies for as long as the Agreement is in force.

Done in two copies, in the French and Serbian languages, both texts being equally authentic.

FOR THE COMPETENT AUTHORITY OF QUÉBEC		FOR THE COMPETENT AUTHORITY OF THE REPUBLIC OF SERBIA
In Québec, 19 June 2020		In Ottawa, 19 June 2020
Nadine Girault, Minister of International Relations and La Francophonie		Mihailo Papazoglu, Ambassador of the Republic of Serbia in Ottawa

O.C. 1113-2021, Sch. 2.