S-2.1, r. 22 - Regulation respecting the implementation of the provisions relating to industrial accidents and occupational diseases contained in the Agreement on Social Security between the Gouvernement du Québec and the Government of the French Republic

Schedule Disposition versions

2012-09-01

SCHEDULE 1

(s. 1)

AGREEMENT ON SOCIAL SECURITY

BETWEEN

THE GOUVERNEMENT DU QUÉBEC

AND

THE GOVERNMENT OF THE FRENCH REPUBLIC

TE GOUVERNEMENT DU QUÉBEC

AND

THE GOVERNMENT OF THE FRENCH REPUBLIC,

TAKING NOTE of the Agreement on Social Security between the Gouvernement du Québec and the Government of the French Republic signed on 12 February 1979, Avenant N° 1 to the Agreement signed on 5 September 1984 and Avenant N° 2 signed on 19 December 1998;

CONSIDERING the changes made to their respective statutes;

RESOLVED to preserve the mobility of persons between France and Québec by guaranteeing to their respective nationals the advantages of the coordination of their social security statutes,

HAVE AGREED AS FOLLOWS:

TITLE I

GENERAL

ARTICLE 1

DEFINITIONS

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

(a) “France” means the European and overseas departments of the French Republic;

(b) “competent authority” means the Québec minister or the French minister responsible for the administration of the statutes referred to in Article 2;

(c) “competent institution” means the Québec department or body or the French social security agency responsible for the administration of the statutes referred to in Article 2;

(d) “statutes” means laws, regulations and any other application measures relating to the social security branches and plans referred to in Article 2;

(e) “unsalaried activity” means as regards Québec, an activity that consists in doing business on one’s own account or similar work under the statutes of Québec; as regards France, an activity that justifies coverage by an unsalaried worker plan;

(f) “period of insurance” means,

— as regards Québec,

for the purposes of Chapters 1, 2 and 4 of Title III, 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;

— as regards France,

any period recognized as such by the statutes under which it was completed and any period considered as equivalent to a period of insurance;

(g) “insured person” for the purposes of Chapter 3 of Title III means,

— as regards Québec,

a person who, immediately before the person’s arrival in France, was a person residing in Québec within the meaning of the Health Insurance Act,

— as regards France,

a person who, immediately before the person’s arrival in Québec, was an insured person or claimant of an insured person under a French maternity health plan or received benefits under the universal health coverage;

(h) “benefit” means any benefit in kind or in cash provided under the statutes of each Party, including any supplement or increase applicable under the statutes referred to in Article 2;

(i) “pension” means any pension, annuity or lump sum, including any supplement or increase applicable under the statutes referred to in Article 2;

(j) “dependents” means the spouse and dependents according to Québec statutes or the persons deriving rights from an insured person according to French statutes;

(k) “reside” means for the purposes of paragraph 2 of Article 12 and Chapters 3 and 5 of Title III, to ordinarily live in the territory of a Party with the intent to establish or maintain therein a domicile and to have been legally authorized to do so;

(l) “stay” means to be temporarily in the territory of a Party without intending to live therein permanently;

and any term not defined in the Agreement has the meaning given to it under the applicable statutes.

ARTICLE 2

MATERIAL SCOPE

(1) The Agreement shall apply

(A) as regards Québec,

to the statutes respecting the Pension Plan, family benefits, industrial accidents and occupational diseases, the health insurance plan, hospital insurance plan and other health services and, when specified, the general prescription drug insurance plan;

(B) as regards France,

(a) to the statutes establishing the organization of social security;

(b) to the statutes respecting social insurance applicable to

— salaried workers in non-agricultural occupations,

— salaried workers in agricultural occupations;

(c) to the social statutes applicable to

— unsalaried workers in non-agricultural occupations, except occupations concerning supplemental old age insurance plans,

— unsalaried workers in agricultural occupations,

except the provisions which extend the right to become a member of a voluntary insurance plan to persons working or residing outside the French territory;

(d) to statutes relating to voluntary old age and continued disability insurance;

(e) to statutes respecting the prevention of and compensation for industrial accidents and occupational diseases and to statutes concerning voluntary insurance for industrial accidents and occupational diseases;

(f) to statutes relating to family benefits;

(g) to statutes relating to the various plans for unsalaried and equivalent workers;

(h) to statutes relating to special social security plans.

(2) The Agreement shall apply to any Act or regulation which amends, adds to or replaces the statutes referred to in paragraph 1.

The Agreement shall also apply to any Act or regulation of one Party which extends the existing plans to new classes of beneficiaries or to new benefits; notwithstanding the preceding, that Party may, within three months of the date of publication of the Act or regulation, notify the other Party that the Agreement shall not apply to that Party.

The Agreement shall not apply to an Act or regulation covering a new branch of social security, unless the Agreement is amended to that effect.

ARTICLE 3

PERSONAL SCOPE

(1) Unless otherwise provided, the Agreement shall apply

(a) to the persons who, regardless of their nationality, perform a salaried or unsalaried activity and who are subject to the statutes referred to in Article 2 or who have acquired rights under those statutes, as well as to their dependents;

(b) to the public servants of the Gouvernement du Québec and the public servants of the French administration and to their dependents;

(c) to other insured persons, regardless of their nationality, only for the purposes of Chapter 3 of Title III;

(d) to the voluntary insured persons, regardless of their nationality, for old age and industrial accident and occupational disease risks.

(2) The Agreement shall not apply to the categories of persons referred to in the Memorandum of Agreement on Social Security for Students and Participants in Cooperation Programs between the Gouvernement du Québec and the Government of the French Republic, except the categories for which explicit reference in the said Memorandum is made to this Agreement.

ARTICLE 4

EQUAL TREATMENT

The persons referred to in paragraph 1 of Article 3 of this Agreement shall receive the same treatment for the purposes of the statutes referred to in Article 2, as soon as the persons legally reside in the territory of either Party.

ARTICLE 5

EXPORT OF BENEFITS

Every old age, survivors or disability pension, death benefit or benefit in kind or industrial accident or occupational disease benefit acquired under the statutes of one Party, with or without applying the Agreement, shall not be subject to any reduction, modification, suspension, suppression or forfeiture for the sole reason that the beneficiary resides or stays outside the territory of the Party in which the debtor institution is located; the pension or benefit shall be payable to the beneficiary regardless of the place where the beneficiary stays or resides.

TITLE II

APPLICABLE STATUTES

ARTICLE 6

GENERAL RULE

Subject to Articles 7, 8, 9, 10, 11, 12 and 13, persons performing a salaried or unsalaried activity in the territory of one Party shall be subject to the statutes of that Party.

ARTICLE 7

PERSONS PERFORMING AN UNSALARIED ACTIVITY IN THE TERRITORY OF ONE PARTY AND TRAVELLING TEMPORARILY TO THE TERRITORY OF THE OTHER PARTY

(1) Persons performing an unsalaried activity in the territory of one Party and performing services on their account in the territory of the other Party may remain subject to the statutes of the first Party provided that the activity does not exceed one year and is directly related to the activity the person ordinarily performs.

(2) Persons ordinarily performing an activity considered to be unsalaried in the territory of one Party and performing for less than 3 months the same activity considered to be salaried in the territory of the other Party may remain subject, for that period, to the statutes of the first Party.

ARTICLE 8

SECONDMENT

(1) A salaried person performing work for his or her employer in the territory of the other Party may remain subject to the statutes of the Party where the activity is ordinarily performed so long as the proposed work period does not exceed 36 months and the person is not sent to replace another person who has reached the end of the secondment.

(2) If the period of the work to be performed for the same employer extends beyond the proposed initial period and exceeds 36 months, the statutes of the first Party shall remain applicable for a period proposed by common agreement by the competent authorities of both Parties or the bodies they have designated to that effect.

(3) A salaried person who has been seconded by his or her employer for the terms provided for in paragraphs 1 and 2 may be given a new secondment only after a period of one year has elapsed.

ARTICLE 9

DUAL STATUS

(1) A person simultaneously performing in the same calendar year a salaried activity in the territory of one Party and an unsalaried activity in the territory of the other Party or performing in the same calendar year an unsalaried activity in the territory of both Parties shall be simultaneously subject to the statutes of both Parties.

(2) Notwithstanding paragraph 1, a person who ordinarily performs a salaried activity in the territory of one Party and who, for a period of less than three months, performs an unsalaried activity in the territory of the other Party shall be exempt from paying contributions or fees for that activity under the statutes of the other Party. The exemption of contributions or fees shall exclude the person from the coverage of the applicable plan of that Party.

ARTICLE 10

TRAVELLING PERSONNEL EMPLOYED IN INTERNATIONAL TRANSPORT

(1) Persons working in the territory of both Parties as travelling personnel for an international carrier which, on the account of a third party or on its own account, transports passengers or goods, and which has its head office in the territory of one Party, shall, with respect to such work, be subject only to the statutes of the Party in whose territory the head office is located.

(2) Notwithstanding the preceding paragraph, if those persons are employed by a branch or permanent agency which the undertaking has in the territory of a Party other than the Party in whose territory it has its head office, they shall, with respect to such work, be subject only to the statutes of the Party in whose territory the branch or permanent agency is located.

(3) Notwithstanding paragraphs 1 and 2, if employees work for the most part in the territory of the Party in which they reside, they shall, with respect to such work, be subject only to the statutes of that Party even if the carrier employing them has no head office, branch or permanent agency in that territory.

ARTICLE 11

SEAMEN

(1) Persons working on a ship shall be subject to the statutes of the State under whose flag the ship sails.

(2) Persons employed for loading, unloading and repairing ships or employed in supervisory services in a port shall be subject to the statutes of the Party in which the port is located.

ARTICLE 12

PUBLIC SERVICE

(1) Persons in the public service for one of the Parties and assigned to a post in the territory of the other Party shall be subject only to the statutes of the first Party for all matters relative to that post.

(2) Persons residing in the territory of one Party and who are in the public service for the other Party in that territory shall, with respect to that service, be subject only to the statutes of the place of residence.

ARTICLE 13

DEROGATION FROM THE PROVISIONS ON COVERAGE

The competent authorities of the Parties or the bodies designated to that effect may, by common agreement, derogate from the provisions of Articles 6 to 12 with respect to any persons or categories of persons.

TITLE III

PENSIONS AND BENEFITS

CHAPTER 1

OLD AGE AND SURVIVORS PENSIONS

ARTICLE 14

PENSIONS

This Chapter shall apply,

— as regards Québec,

to retirement and survivors’ pensions, including death benefits, provided for in the Act respecting the Québec Pension Plan;

— as regards France,

to old age and survivors’ pensions provided for in the statutes referred to in paragraph 1.B. of Article 2.

ARTICLE 15

PENSION CLAIM

The date of receipt of a pension claim under the statutes of one Party is presumed to be the date of receipt of the claim under the statutes of the other Party, except if the person concerned expressly requests that the payment of benefits acquired under the statutes of the other Party be suspended.

ARTICLE 16

TOTALIZATION OF INSURANCE PERIODS

(1) If the statutes of one Party subordinates the acquisition, maintenance or recovery of the right to pensions under a plan that is not a special plan within the meaning of paragraph 2 or 3, on completion of periods of insurance, the competent institution of that Party shall totalize, to the extent necessary, the periods of insurance completed under the statutes of the other Party, whether the periods completed were in a general or special plan, as if the periods completed were under the statutes applied by the Party, the overlapping periods being counted only once.

For the purposes of such a totalization, only the periods completed from 1 January 1966 shall be considered.

(2) If the statutes of one Party include special plans that subordinate the granting of certain pensions provided that the periods of insurance have been completed in a determined occupation or employment, the periods completed under the statutes of the other Party shall be taken into account, for the granting of the pensions, only if they have been completed in the same occupation or employment.

(3) The provisions of paragraph 2 shall not apply, as regards the special plans of France, to special retirement plans for civil and military officers of the State, territorial and hospital officers and workers in industrial establishments of the State.

(4) If, considering the totalization provided for in paragraph 2 or the periods completed in plans referred to in paragraph 3, the person concerned does not meet the requirements for entitlement set out in the special plan, the periods of insurance completed in the special plan shall be taken into account in the conditions set out in the statutes of the Party where the special plan applies.

ARTICLE 17

MINIMUM DURATION OF INSURANCE

(1) If the total duration of the periods of insurance completed by a person under the statutes of a Party is less than one year, the competent institution of that Party shall not be required to have recourse to the totalization in Article 16 to grant a pension. If, however, those periods are enough for entitlement to a pension under those statutes, the pension shall be paid only on that basis.

(2) The periods referred to in paragraph 1 may, however, be taken into account for conferring and calculating the rights to a pension with regard to the statutes of the other Party.

ARTICLE 18

CALCULATION OF THE PENSION

(1) If persons who have been successively or alternately subject to the statutes of each Party meet the requirements for entitlement to pension benefits, for themselves or for their dependents or survivors, under the statutes of either Party, the competent institution of that Party shall determine the amount of the pension in accordance with the provisions of the statutes it applies having regard only to the periods of insurance completed under those statutes and, in accordance with paragraphs 2 and 3, using the best solution for the beneficiary.

(2) If the persons do not meet the requirements of the statutes of a Party without having recourse to the totalization referred to in Article 16, or to determine the best solution in accordance with paragraph 1,

(a) the competent institution of Québec shall recognize one year of contribution if the competent institution of France certifies that a period of insurance of at least 78 days, 13 weeks, 3 months or a quarter in a calendar year has been credited under the French statutes;

(b) the competent institution of France shall consider each year of insurance certified by the competent institution of Québec as equivalent to four quarters, 12 months, 52 weeks or 312 days of insurance with regard to the statutes it applies.

(3) Considering the totalization provided for in paragraph 2, the competent institution shall determine, in accordance with its own statutes, whether the person concerned fulfills the requirements to be entitled to a pension under those statutes.

(4) When entitlement to a pension is established with regard to the statutes it applies, considering the above totalization,

(a) the competent institution of Québec shall determine the amount of the portion of the pension related to earnings by calculating the amount in accordance with the provisions of the statutes of Québec and shall add to it the amount of the flat-rate benefit multiplied by the fraction that the contributory period to the Québec Pension Plan is of the contributory period as defined in the statutes relating to that plan;

(b) the competent institution of France shall determine the benefit that would be payable to the insured person as if all the periods of insurance or equivalent periods had been completed exclusively in respect of the statutes of France, then shall reduce the amount of the benefit in proportion to the duration of the periods of insurance and equivalent periods completed in respect of the statutes it applies, before the occurrence of the event insured against, with relation to the total duration of the periods completed, in respect of the statutes of both Parties, before the occurrence of the event insured against. The maximum total duration shall be the maximum duration eventually required by the statutes it applies for a complete pension.

ARTICLE 19

DEATH BENEFIT IN THE QUÉBEC PLAN

The provisions of Articles 15, 16, 17 and 18 apply, by analogy, to the death benefit provided for in the Québec Pension Plan.

CHAPTER 2

DISABILITY PENSIONS

ARTICLE 20

BENEFITS

This Chapter shall apply

— as regards Québec,

to the disability pensions and disabled contributor’s child’s pensions provided for in the Act respecting the Québec Pension Plan;

— as regards France,

to the disability pensions provided for in the statutes referred to in paragraph 1.B. of Article 2.

ARTICLE 21

DETERMINATION OF ENTITLEMENT

(1) The disability pension shall be paid in accordance with the statutes to which the person concerned is subject at the time of the disability taking into account, when the statutes so require, the periods of insurance completed in the territory of the other Party. The conversion rules applicable to the periods of insurance shall be the rules retained in paragraph 2 of Article 18.

(2) Subject to the provisions of paragraph 7, when entitlement is established under the statutes referred to in paragraph 1, with or without recourse to the totalization provided for in Article 16, the competent institution for the purposes of the statutes shall determine the amount of the pension as if the periods of insurance completed under the statutes of each Party had been completed only under the statutes it applies.

For the calculation of the pension,

— where the competent institution is the Québec institution, it shall allocate the average pensionable earnings for the Québec period of insurance to each year of the French period of insurance commencing in 1966;

— where the competent institution is the French institution, it shall calculate on the basis of the annual average salary or income corresponding to the periods of insurance completed with respect to its statutes.

(3) The payment of the pension is ensured by the competent institution, in accordance with the requirements of the statutes it applies.

(4) Subject to the provisions of paragraph 7, the institution paying the pension shall apportion the costs of the pension between the institutions of both Parties in the proportion that the periods of old age insurance completed under the statutes of each Party are of the aggregate of the periods of insurance applied, as soon as the person concerned does not receive old age pension under the statutes of France.

(5) If the pension is refused by the institution applying the statutes to which the person concerned is subject at the time of disability for a reason other than age, the institution shall send the claim to the institution of the other Party for examination.

(6) The latter institution shall determine entitlement to the pension considering the totalization of the periods of insurance, including the last periods completed under the statutes that refused the pension. If entitlement is established, the institution shall then ensure the payment and apportion the costs in accordance with paragraph 4.

(7) Where the person concerned receives an old age pension under the French statutes, the apportionment of the costs shall cease or shall not be applied. If entitlement to a Québec disability pension is established, with or without recourse to totalization, the pension is calculated or revised, as applicable, by applying the provisions of Article 18, as of the date of disability, with indexation of the amount in the case of a revision.

(8) The provisions of paragraphs 1 to 7 of this Article do not apply to the special plans of France for civil and military officers, territorial and hospital officers and workers in industrial establishments of the State.

ARTICLE 22

SUSPENSION OR TERMINATION OF PENSION

(1) Where the costs of a disability pension is apportioned in accordance with paragraph 4 of Article 21, the institution ensuring the payment shall notify the institution of the other Party of the suspension or termination, as applicable, of the pension.

(2) If, after suspension of the disability pension, the insured person regains entitlement, the pension shall be paid by the institution that is the debtor of the pension originally granted, in accordance with the provisions of paragraph 4 of Article 21.

CHAPTER 3

HEALTH AND MATERNITY BENEFITS

ARTICLE 23

ENTITLEMENT TO BENEFITS IN KIND

(1) For entitlement to, maintenance or recovery of health and maternity insurance benefits in kind when passing from the statutes of one Party to the statutes of the other Party, the periods of insurance completed under the statutes of the first Party shall be considered to be periods of insurance completed under the statutes of the other Party, provided that they do not overlap.

(2) For the purposes of paragraph 1, “periods of insurance” means,

(a) in Québec, any period of eligibility for health insurance;

(b) in France, any period of affiliation

— owing to a professional activity, an equivalent period or a period of compensated unemployment;

— owing to the pursuit of studies, the collection of a pension or a benefit entitling to health care; or

— alternatively, acquired under the condition of residence;

or any period during which a person had the status of dependent.

(3) The benefits under the requirements provided for in this chapter are granted only on presentation of the required documents, specified in the Administrative Arrangement.

ARTICLE 24

PASSING FROM THE STATUTES OF ONE PARTY TO THE STATUTES OF THE OTHER PARTY

(1) The insured person of one Party, other than a person referred to in Article 7, Article 8, paragraphs 1 and 2 of Article 10, Article 11, paragraph 1 of Article 12, or Article 13, who leaves the territory of that Party and stays in the territory of the other Party to carry on a salaried or unsalaried activity, shall receive benefits in kind under the conditions set out in the statutes that apply in the territory of the latter Party, and having regard to the provisions of Article 23, during the entire period of the salaried or unsalaried activity in the territory, regardless of the expected duration of the activity.

(2) The insured person who leaves the territory of one Party to reside in the territory of the other Party, shall receive benefits in kind provided for in the statutes that apply in the territory of the second Party, having regard to the provisions of Article 23, as of the day of arrival in that territory, under the other conditions set out in the statutes.

(3) The same provisions shall apply to the dependents accompanying or joining the insured person referred to in paragraphs 1 and 2, to the extent that, before their departure, they are entitled to benefits in the territory of the Party they are leaving.

ARTICLE 25

STAY OF THE INSURED PERSON IN THE TERRITORY OF THE ORIGINAL PARTY

(1) Canadian nationals insured in France who resided in Québec before their departure for France and who did not obtain French citizenship or French nationals insured in Québec who did not obtain Canadian citizenship and their dependents shall receive health and maternity insurance benefits in kind if they require immediate health care, including hospitalization, during a temporary stay in Québec or France respectively.

(2) The institution of the place of stay shall pay the benefits, according to the statutes it applies, on behalf of the competent institution, provided that the latter has certified entitlement to benefits in kind.

(3) The certificate, which is equivalent to an authorization, shall be valid for not more than three months. That period may be extended for another three months following a favourable opinion from the competent institution.

ARTICLE 26

TRANSFER OF THE PLACE OF STAY DURING TREATMENT OR COMPENSATION

(1) A person insured by virtue of professional activity or a beneficiary of unemployment benefits or one of their dependents, if entitled to health or maternity insurance benefits provided by the competent French institution, shall retain the benefits when staying in Québec provided that the person has been so authorized by that institution.

An insured person residing in Québec whose pre-existing health condition, including pregnancy, requires a foreseeable medical follow-up, shall retain the health and maternity insurance benefits when staying in France provided that the person has been so authorized by the competent Québec institution.

(2) The authorization may only be refused if it is established that the travel of the person concerned is such that it may compromise the person’s health or the application of the medical treatment, or that the travel is done to receive medical treatment. The authorization is valid for not more than three months. That period may be extended for another three months by the competent institution concerned.

In the case of an extremely serious disease, the competent institution may extend the benefits beyond the total period of six months referred to above.

(3) The institution in the place of stay shall provide the benefits on behalf of the competent institution.

ARTICLE 27

BENEFITS IN KIND PROVIDED FOR IN THE FRENCH STATUTES

(1) To examine entitlement to benefits in kind by virtue of health and maternity insurance, the competent French institution shall consider, under the requirements provided for in paragraph 1 of Article 23, the employment periods completed in Québec.

(2) In the cases provided for in Articles 25 and 26, insured persons subject to the French statutes shall be entitled to health and maternity insurance benefits in kind. The benefits shall be provided directly and covered by the competent institution.

ARTICLE 28

PERSONS REFERRED TO IN ARTICLE 7, 8, 12 OR 13

(1) Insured persons referred to in Article 7, Article 8, paragraph 1 of Article 12, or Article 13 and their dependents accompanying or joining them shall be entitled to benefits for the duration of the stay in the territory of the Party where they are carrying on their activity.

(2) Benefits in kind shall be provided, on request from the person concerned, by the institution of the place of stay on behalf of the competent institution or directly by that institution. With respect to a stay in Québec, all persons referred to in paragraph 1 shall also be entitled to the guarantees of the prescription drug general insurance plan under the conditions set out in the Administrative Arrangement.

(3) Benefits in kind shall be provided directly and covered by the competent institution.

ARTICLE 29

DEPENDENTS RESIDING IN THE TERRITORY OF THE OTHER PARTY

(1) Dependents of an insured person who reside or return to reside in the territory of the Party other than the territory in which the insured person is located shall be entitled to health and maternity insurance benefits in kind.

(2) The determination of the dependents as well as the scope, duration and terms and conditions of entitlement to the benefits shall result from the provisions of the statutes that apply in the territory of residence of the dependents.

ARTICLE 30

BENEFITS FOR THE HOLDERS OF A PENSION OR ANNUITY

The holders of a pension or an annuity shall be entitled to health and maternity insurance benefits in kind under the conditions set out in the statutes of the territory of the Party in which they reside, having regard to the provisions of paragraph 2 of Article 24.

CHAPTER 4

DEATH BENEFITS IN THE FRENCH PLAN

ARTICLE 31

DEATH OCCURRING IN QUÉBEC

(1) Where a person subject to the French statutes dies in Québec, entitlement to death benefits shall be in accordance with French statutes, considering the provisions of Article 16, as if the death had occurred in France.

(2) The competent French institution is required to grant death benefits under the statutes it applies even if the beneficiary resides in the territory of Québec.

ARTICLE 32

DEATH OCCURRING IN FRANCE

(1) Where a person subject to the French statutes dies in France and the requirement of insurance duration set out in the French statutes is not fulfilled, the periods of insurance completed in Québec shall be used to complete the periods of insurance completed in France.

(2) Where the person stays or resides in France without being subject to the French statutes, particularly in the situations referred to in Articles 25, 26 and 28, the death in France is deemed to have occurred in Québec.

CHAPTER 5

BENEFITS IN CASE OF INDUSTRIAL ACCIDENTS OR OCCUPATIONAL DISEASES

ARTICLE 33

BENEFITS

This Chapter shall apply to all benefits relating to industrial accidents and occupational diseases provided for in the statutes of each Party.

ARTICLE 34

VICTIMS SUBJECT TO THE STATUTES OF THE OTHER PARTY

(1) Workers referred to in Articles 7 to 13 who remain subject to the statutes of one Party and are victims of an industrial accident or suffer from an occupational disease in the territory of the other Party shall be entitled to the benefits in the territory of stay.

(2) For the purposes of paragraph 1, the institution in the place of stay must immediately contact the affiliated institution so that that institution may determine if the disease or accident comes under the statutes it applies.

(3) If it is determined that the disease or accident comes under the affiliated statutes, the affiliated institution shall issue a service entitlement form whereby the institution in the place of stay, is to provide the benefits in kind arising from the disease or accident, on behalf of the affiliated institution. The benefits in kind shall be provided directly by the affiliated institution.

ARTICLE 35

TEMPORARY OR PERMANENT TRANSFER OF RESIDENCE DURING A PERIOD OF TEMPORARY INCAPACITY

(1) Workers who are victims of an industrial accident or occupational disease in the territory of one of the Parties and who are entitled to the benefits owed during the temporary incapacity shall retain entitlement to the said benefits when they transfer their residence to the territory of the other Party, provided that prior to their departure the workers have obtained the authorization from the Québec or French institution to which they are affiliated.

(2) The authorization shall be valid only for the period fixed by that institution.

(3) If, on the expiry of the period fixed, the health of the victim so requires, the period shall be extended until the victim’s recovery or until the effective consolidation by decision of the affiliated institution, following a favourable opinion of its medical examination service.

ARTICLE 36

RELAPSE AFTER TRANSFER OF RESIDENCE

(1) If a worker who received benefits under the statutes of one Party suffers a relapse from the industrial accident or occupational disease when the worker has transferred his or her residence to the territory of the other Party, the worker shall be entitled, in that territory, to benefits arising from that relapse, provided that the worker has obtained the agreement of the institution to which the worker was affiliated on the date of the accident or the first report of the disease.

(2) For the application of paragraph 1 by the affiliated Québec institution, the term “relapse” also includes recurrence and aggravation. Benefits in kind for an occupational disease shall be granted, if applicable, subject to the provisions of Article 43.

ARTICLE 37

BENEFITS IN KIND AFTER CONSOLIDATION

If the health of a worker who has been recognized as a victim of an industrial accident or occupational disease after the worker has transferred his or her residence to the territory of the other Party, requires benefits in kind after consolidation of the worker’s condition, the worker shall be entitled to the benefits following agreement with the institution to which the worker was affiliated at the time of the accident or the first medical report of the disease.

ARTICLE 38

BENEFITS

In the cases provided for in Articles 35, 36 and 37, benefits in kind shall be provided by the institution in the territory of the new residence of the worker, in accordance with the provisions of the statutes applicable in the territory concerning the scope and terms and conditions of the provision of benefits. Benefits in kind shall be provided by the affiliated institution of the worker or, in the case of relapse, by the institution to which the worker was affiliated at the time of the accident or the first medical report of the disease, in accordance with the statutes it applies.

ARTICLE 39

BENEFIT COVERAGE

(1) Benefits in kind provided in accordance with Articles 34 and 38 shall be covered by the competent institution for compensation of the worker’s industrial accident or occupational disease.

(2) The Administrative Arrangement shall fix the terms and conditions of reimbursement of the benefits by the competent institution within the meaning of paragraph 1 to the institution of the place of residence or stay of the worker.

ARTICLE 40

GRANTING OF LARGE BENEFITS

In the cases provided for in Articles 34 to 37, the granting of prostheses, large devices and other large benefits in kind shall be subject, except in a case of emergency, to the authorization of the worker’s affiliated institution or the institution to which the worker was affiliated at the time of the accident or the first medical report of the disease.

ARTICLE 41

ASSESSMENT OF THE DEGREE OF INCAPACITY

To assess the degree of permanent incapacity resulting from an industrial accident or occupational disease with regard to the statutes of one Party, industrial accidents and occupational diseases that occurred previously under the statutes of the other Party shall be taken into account as if they had occurred under the statutes of the first Party.

ARTICLE 42

DOUBLE EXPOSURE TO THE SAME RISK

(1) Where a victim of an occupational disease performed, in the territory of both Parties, work likely to cause the said disease, the rights of the victim or the rights of the victim’s survivors shall be examined exclusively with respect to the statutes of the Party in whose territory the work concerned was last performed, and provided that the interested party meets the conditions set out in those statutes.

(2) Where, in the said statutes, the granting of benefits is subject to the condition that the work likely to cause the disease have been performed for a certain period, the periods completed under the statutes of the other Party in the carrying on of an activity likely to cause the disease shall be taken into account, if necessary.

(3) Where the statutes of one Party subject entitlement to occupational disease benefits to the condition that the disease be medically reported for the first time in its territory, that condition shall be deemed fulfilled when the disease has been reported for the first time in the territory of the other Party.

(4) Benefits shall be provided by the competent institution in accordance with the rules of the statutes it applies.

(5) In the case referred to in paragraph 2, benefits shall be covered by the institutions of each Party in the proportion that the duration of the periods of insured work likely to cause the said disease completed under their own statutes is of the aggregate of the periods of insured work during which the victim carried on a similar activity under the statutes of both Parties.

ARTICLE 43

AGGRAVATION OF A COMPENSATED OCCUPATIONAL DISEASE

In the case of the aggravation of an occupational disease compensated under the statutes of one Party while the victim resides in the territory of the other Party, the following rules shall apply:

(a) if the worker has not performed work under the statutes of the Party in whose territory the worker resides that is likely to aggravate that occupational disease, the institution of the first Party covers the aggravation of the disease under its own statutes;

(b) if the worker has performed work under the statutes of the Party in whose territory the worker resides that is likely to aggravate that occupational disease,

i. the institution of the first Party continues to cover the benefit owed under its own statutes as if there had not been any aggravation of the disease;

ii. the institution of the Party in whose territory the worker resides shall cover the benefit supplement corresponding to the aggravation. The amount of the supplement shall be determined according to the statutes of the latter Party as if the disease had occurred in its own territory; the amount shall be equal to the difference between the amount of the benefit owed after the aggravation and the amount of the benefit that would have been owed before the aggravation.

CHAPTER 6

COMMON PROVISIONS TO VARIOUS PENSIONS OR BENEFITS

ARTICLE 44

CONSIDERATION OF DEPENDENTS

If, under the statutes of one Party the amount of the pension or benefit varies according to the number of dependents, the institution that pays the pension or benefit shall also take into account the dependents residing in the territory of the other Party, provided that residence is not an essential criterion under the applicable statutes for determining the status of dependent.

ARTICLE 45

DETERMINATION OF BASIC WAGE OR INCOME

When under the statutes of one Party the payment of pensions or benefits is based on average wage or income for all or part of the period of insurance, the average wage or income taken into consideration for the calculation of pensions or benefits covered by the institutions of that Party shall be determined pursuant to the statutes of the said Party, having regard only to the period of insurance completed under those statutes.

ARTICLE 46

CONSIDERATION OF THE PERIOD OF INSURANCE

Any contribution period completed under the French statutes prior to the date on which the contributor has reached 18 years of age may be taken into account to determine the eligibility of an applicant for a disability or survivors’ pension or death benefit under the statutes of Québec. The application of that requirement cannot operate to permit the granting of a disability pension by Québec unless the contributory period of the contributor is at least two years under the Québec Pension Plan. No survivors’ pension or death benefit may be granted by Québec unless the contributory period of the deceased contributor is at least three years under the Québec Pension Plan.

CHAPTER 7

FAMILY BENEFITS

ARTICLE 47

GRANTING OF BENEFITS

(1) Subject to Article 48, the persons covered by this Agreement shall receive family benefits for their dependent children accompanying them in the territory of one Party provided for by the statutes of that Party as soon as they arrive in the territory.

(2) Where the insured persons are covered under the statutes of the Party other than the Party in whose territory one or more of their dependent children reside, family benefits shall be provided according to the conditions set out in the statutes of the place of residence of the children and according to the terms and conditions defined in the Administrative Arrangement.

ARTICLE 48

PERSONS REFERRED TO IN ARTICLES 7, 8, 12 AND 13

(1) The persons referred to in Articles 7 and 8, paragraph 1 of Article 12, and Article 13 shall be entitled for the children accompanying them in the territory of one Party to the family benefits listed in the Administrative Arrangement that are provided for by the statutes to which the persons remain subject.

(2) Benefits shall be covered directly by the competent institution.

TITLE IV

FINANCIAL AND MISCELLANEOUS

ARTICLE 49

ADMINISTRATIVE ARRANGEMENT

(1) The terms and conditions for the application of the Agreement shall be set out in an Administrative Agreement to be agreed to by the competent authorities.

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

ARTICLE 50

CLAIM FOR PENSION OR BENEFIT

(1) To be entitled to a pension or benefit under the Agreement, a person shall file a claim in accordance with the terms and conditions in the Administrative Arrangement.

(2) In the cases where no special provisions are provided in the Agreement or the Administrative Arrangement, a claim for a benefit filed with the institution of one Party is deemed to be a claim for a benefit under the statutes of the other Party. For the examination of rights, the date of receipt of such a claim shall be deemed to be the date on which the claim was received under the statutes of the first Party.

ARTICLE 51

PAYMENT OF BENEFITS

(1) Cash pensions or benefits owed by the debtor institutions shall be paid directly to the beneficiaries in accordance with the provisions of the statutes of each Party in the currency of the Party making the payment, without any deduction for administrative charges or for any other costs incurred in the payment of the pension or benefit.

(2) For the purposes of paragraph 1, where an exchange rate is required, that rate shall be the rate in effect on the day the payment is made.

(3) Pension arrears allocated by the Établissement national des invalides de la marine shall be paid directly to the beneficiaries by the territorially competent French consulate.

ARTICLE 52

FILING PERIOD

(1) A request, a declaration or an appeal respecting social security which, under the statutes of one Party, must be filed within a prescribed time to the authority or institution of that Party shall be accepted if it is filed within the same time period to the corresponding authority or institution of the other Party. In such a case, the authority or institution of the latter Party shall immediately forward 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 filed with the authority or institution of a Party shall be considered as the date of filing with the authority or institution of the other Party.

ARTICLE 53

MEDICAL EXAMINATION REPORTS AND ADMINISTRATIVE CONTROLS

(1) At the request of the competent institution of one Party, the corresponding institution of the other Party shall make the necessary arrangements to provide the medical examination reports required for persons residing or staying in the territory of the latter Party.

(2) The reports referred to in paragraph 1 shall not be disallowed solely because they have been made in the territory of the other Party.

(3) The terms and conditions for the application of administrative controls shall be set out in the Administrative Arrangement.

ARTICLE 54

PROTECTION OF PERSONAL INFORMATION

(1) In this Article, the word “information” means any information from which the identity of a natural or a legal person may be easily established.

(2) Unless disclosure is required under the statutes 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 Agreement.

(3) Access to personal information shall be subject to the statutes of the Party on whose territory the information is located.

ARTICLE 55

RESPONSIBILITIES OF THE COMPETENT AUTHORITIES AND INSTITUTIONS

The competent authorities and institutions shall

(a) communicate to each other any information concerning the measures taken, internally, for the application of the Agreement;

(b) assist each other without charge in any matter concerning the application of the Agreement;

(c) forward to each other any information on amendments to their statutes referred to in Article 2 to the extent that such amendments affect the application of the Agreement; and

(d) inform each other of the difficulties encountered in the interpretation or application of the Agreement.

ARTICLE 56

MUTUAL ASSISTANCE

For the application of this Agreement and the statutes on social security of the other Party, the competent administrative authorities and social security institutions of both Parties shall assist each other as if it involved the application of their own statutes.

ARTICLE 57

REIMBURSEMENT BETWEEN INSTITUTIONS

(1) The competent institution of one Party must reimburse the cost of benefits that, in accordance with the provisions of Chapters 3 and 5 of Title III, are provided on its behalf by the competent institution of the other Party and the share of pensions or benefits that it pays that are provided by the other competent institution.

(2) The competent institution of one Party must reimburse to the competent institution of the other Party the fees pertaining to each medical examination report produced in accordance with Article 53. The forwarding of medical information or other information already in the possession of the competent institutions shall be an integral part of administrative assistance and shall be effected without charge.

(3) The Administrative Arrangement shall determine the terms and conditions respecting the reimbursement of the costs referred to in paragraphs 1 and 2.

(4) The Parties shall determine, if applicable, in the Administrative Arrangement whether they waive all or part of the reimbursement of the costs.

ARTICLE 58

JOINT COMMISSION

(1) A joint commission, composed of representatives of the competent authorities of each Party, shall be responsible for monitoring the application of the Agreement and proposing possible amendments. The joint commission shall meet, as necessary, at the request of either Party, alternately in France and in Québec.

(2) Disputes concerning the application or the interpretation of the Agreement shall be settled by the joint commission. If a dispute cannot be settled in that manner, the dispute shall be settled by mutual agreement between the two Governments.

TITLE V

TRANSITIONAL AND FINAL

ARTICLE 59

TRANSITIONAL

(1) This Agreement shall not confer any new entitlement before the date of coming into force of the Agreement.

(2) Any period of insurance or residence completed under the statutes of one Party before the date of coming into force of this Agreement shall be taken into account for the determination of entitlement in accordance with the provisions of this Agreement.

(3) Any pension or benefit that has not been paid or that has been reduced or suspended by reason of the nationality of the person concerned shall be, at the request of that person, paid or reinstated from the date of coming into force of this Agreement, unless the rights paid previously led to a settlement in capital.

(4) Subject to the provisions of paragraph 1, there is entitlement under this Agreement even if the entitlement relates to an event prior to the date of coming into force of the Agreement.

(5) Despite the provisions of paragraph 7 of Article 21 of this Agreement, a person who, on the date of coming into force of this Agreement, receives a shared-cost disability pension provided by Québec and an old age pension under the French statutes, shall keep the said disability pension as long as the person has entitlement under the statutes of Québec and the cost remains apportioned between the institutions.

(6) A person who, on the coming into force of this Agreement, receives an old age pension under the French statutes and files a claim for a disability pension with Québec after the said date of coming into force, shall receive a pension under the conditions set out in Article 16 of the Agreement signed on 12 February 1979 if the person’s pension entitlement starts on a date prior to the date of coming into force of this Agreement.

(7) The holder of an old age, survivors, disability or income replacement benefit owed under Québec statutes who resides in France on the date of coming into force of this Agreement and is entitled on that date to health and maternity insurance benefits in kind for the purposes of the provisions of Article 12 of the Agreement signed on 12 February 1979, shall continue, with the person’s dependents, to be entitled to the vested rights as such, provided that no entitlement starts at a later time on account of the exercise of a professional activity or the collection of a pension or annuity under the French plan.

ARTICLE 60

FINAL

(1) This Agreement revokes and replaces the Entente en matière de sécurité sociale entre le Gouvernement du Québec et le Gouvernement de la République française signed on 12 February 1979, amended by Avenant n° 1 dated 5 September 1984 and Avenant n° 2 dated 19 December 1998, except Article 16 for the cases referred to in paragraph 6 of Article 59 of this Agreement.

(2) This Agreement is entered into for an undetermined term. A Party may withdraw from the Agreement by sending a written notice to the other Party. The withdrawal shall take effect on the 1st day of the 12th month following the date on which the said notice is received.

(3) In the case of a withdrawal from this Agreement, the provisions of the Agreement shall continue to apply to vested rights, notwithstanding any restrictive provisions contained in the plans concerned with respect to an insured person’s stays outside the country. The Parties shall make arrangements regarding the rights being vested.

(4) The Parties shall notify each other of the completion of its internal procedures required for the coming into force of this Agreement which shall take effect on the first day of the third month following the date on which the last notification is received.

Done in French, in duplicate, in Paris, on 17 December 2003.

For the Gouvernement For the Government of

du Québec the French Republic

________________________________________ ________________________________________

MONIQUE GAGNON-TREMBLAY, PIERRE-ANDRÉ WILTZER,

Deputy Premier, Minister Delegate for

Minister of International Cooperation and

Relations and Francophony

Minister responsible for

La Francophonie

O.C. 740-2006, Sch. 1.