R-9, r. 33.1 - Regulation respecting the implementation of the Agreement on Social Security between the Gouvernement du Québec and the Government of the Republic of Poland

Schedule Disposition versions

2018-09-01

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 POLAND

PURSUANT TO paragraph 1 of Article 19 of the Agreement on Social Security between the Gouvernement du Québec and the Government of the Republic of Poland, signed at Québec, on 3 June 2015,

THE COMPETENT AUTHORITY OF QUÉBECC

AND

THE COMPETENT AUTHORITY OF THE REPUBLIC OF POLAND

have set out the terms and conditions for implementing the Agreement and have agreed as follows:

PART I

GENERAL PROVISIONS

ARTICLE 1

DEFINITIONS

(1) For the purposes of this Administrative Arrangement, the term “Agreement” means the Agreement on social security between the Gouvernement du Québec and Government of the Republic of Poland, signed at Québec, on 3 June 2015.

(2) All other terms and expressions shall have the meaning given to them in the Agreement.

ARTICLE 2

LIAISON AGENCIES AND COMPETENT INSTITUTIONS

(1) As regards the Republic of Poland, the liaison agencies responsible for the implementation of the Agreement shall be:

(a) Zakład Ubezpieczeń Społecznych, Centrala w Warszawie (Social Insurance Institution, based in Warsaw), for the purposes of the legislation on social insurance, with the exception of social insurance for farmers;

(b) Kasa Rolniczego Ubezpieczenia Społecznego, Centrala w Warszawie (Agricultural Social Insurance Fund, based in Warsaw), for the purposes of the legislation on social insurance for farmers;

(c) Zakład Ubezpieczeń Społecznych, Centrala w Warszawie (Social Insurance Institution, based in Warsaw), for the purposes of Article 9 and paragraph 13 of Article 22 of the Agreement.

(2) As regards the Republic of Poland, the competent institutions for the implementation of the Agreement shall be:

(a) Zakład Ubezpieczeń Społecznych (Social Insurance Institution), for the purposes of the legislation on social insurance, with the exception of social insurance for farmers;

(b) Kasa Rolniczego Ubezpieczenia Spolecznego (Agricultural Social Insurance Fund), for the administration of the legislation concerning social insurance for farmers.

(3) As regards Québec, the liaison agency responsible for the implementation of the Agreement shall be the Bureau des ententes de sécurité sociale of the Régie des rentes du Québec (Biuro do SPRAW porozumień w zakresie zabezpieczenia Społecznego Zakładu Emerytalno-Rentowego Québecu).

(4) As regards Québec, the competent institutions for the implementation of the Agreement shall be:

(a) the Régie des rentes du Québec (Zakład Emerytalno-Rentowy Québecu) for the implementation of the legislation concerning the Pension Plan;

(b) the Commission de la santé et de la sécurité du travail (Komisja Zdrowia i Bezpieczeństwa Pracy), for the implementation of the legislation on industrial accidents and occupational diseases.

ARTICLE 3

PROVISIONS RELATING TO THE LIAISON AGENCIES OR COMPETENT INSTITUTIONS

(1) The competent authority of each Party may designate liaison agencies other than those referred to in Article 2. Where appropriate, the competent authority shall immediately inform the competent authority of the other Party.

(2) The liaison agencies or competent institutions, referred to in Article 2, shall agree on procedures and forms necessary for the implementation of the Agreement and this Administrative Arrangement.

(3) To facilitate the application of the Agreement and this Administrative Arrangement, the liaison agencies may agree to means of exchanging data electronically.

PART II

PROVISIONS ON APPLICABLE LAW

ARTICLE 4

CERTIFICATE OF COVERAGE TO THE LEGISLATION

(1) For the purposes of paragraph b of Article 6 and Articles 7 to 9 of the Agreement, the liaison agency or competent institution of the Party whose legislation is applicable shall issue, upon request from the employer or self-employed worker, a certificate of coverage to the legislation for a specific period confirming, in relation to a given work, that the worker and the employer or self-employed worker remain subject to that legislation. The worker, his employer, the self-employed worker and the liaison agency or competent institution of the other Party shall be authorized to receive a copy of this certificate.

(2) The employer shall file a request for consent to the extension of the maximum period of detachment specified in Article 7 of the Agreement to the liaison agency of the Party whose legislation the employee is subjected to, before the end of the ongoing detachment period.

PART III

PROVISIONS ON BENEFITS

ARTICLE 5

EXAMINATION OF THE CLAIM

(1) When the liaison agency or competent institution of a Party receives a claim for a benefit pursuant to the legislation of the other Party, the liaison agency or competent institution of the first Party shall forward this claim without delay to the competent institution of the second Party, indicating the date of its filing.

(2) The liaison agency or the competent institution of the first Party shall forward the claim with the available documents, necessary for the competent institution of the second Party to establish the claimant’s right to a benefit.

(3) The personal information contained on a claim form can be certified by the liaison agency or competent institution forwarding the claim, which exempts it from forwarding the supporting documents. The nature of the information referred to in this paragraph shall be agreed upon by the liaison agencies or competent institutions of the Parties.

(4) In addition to the claim and documents referred to in paragraphs 1 and 2, the liaison agency or the competent institution of the first Party shall forward to the competent institution of the second Party the liaison form which includes, in particular, the periods of insurance completed under the legislation of the first Party.

(5) The competent institution of the second Party shall establish the claimant’s entitlement to the benefit and shall inform the competent institution of the first Party of its decision.

(6) Copies of documents certified as true copies of the originals by the liaison agency or the competent institution of a Party shall be accepted as true copies of the originals by the liaison agency or the competent institution of the other Party.

ARTICLE 6

SAME TYPE OF WORK

For the purposes of paragraph 2 of Article 16 of the Agreement, upon request from the competent institution of a Party, the competent institution of the other Party shall confirm the period of exercise of the same type of work as that which contributed to the occupational disease.

ARTICLE 7

AGGRAVATION OF AN OCCUPATIONAL DISEASE

(1) To establish the right to a benefit in case of aggravation of an occupational disease, the person referred to in paragraph 2 of Article 17 of the Agreement shall submit a claim to the competent institution of the Party whose legislation he or she was subjected to during the exercise of work likely to aggravate that disease.

(2) The competent institution receiving the claim referred to in paragraph 1 shall be able to obtain from the competent institution of the other Party the necessary information related to the benefit paid by it.

PART IV

ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

ARTICLE 8

MEDICAL ASSESSMENTS

(1) For the purposes of paragraph 2 of Article 21 of the Agreement, the competent institution which has taken the necessary steps to ensure that medical assessments are carried out shall establish, at the end of each calendar year, a request for refund of the cost of medical assessments made during that calendar year, indicating the amount due, and shall forward it to the liaison agency or competent institution of the other Party.

(2) The amount due must be reimbursed within six months from the date of receipt of the request referred to in paragraph 1.

ARTICLE 9

EXCHANGE OF STATISTICAL DATA

The liaison agencies or competent institutions of the Parties shall exchange annually statistical data on payments made in the territory of the other Party. These statistics shall include the number of beneficiaries and the total amount of benefits paid, broken down by type.

ARTICLE 10

ENTRY INTO FORCE AND DURATION

This Administrative Arrangement shall enter into force on the date of entry into force of the Agreement and its duration shall be the same as that of the Agreement.

DONE at Québec, on 3 June 2015, in two copies, each in the French and Polish languages, both texts being authentic.

FOR THE COMPETENT AUTHORITY OF QUÉBEC CHRISTINE ST-PIERRE

FOR THE MINISTER OF LABOUR AND SOCIAL POLICY THE REPUBLIC OF POLAND MAREK BUCIOR

O.C. 491-2018, 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 POLAND

PURSUANT TO paragraph 1 of Article 19 of the Agreement on Social Security between the Gouvernement du Québec and the Government of the Republic of Poland, signed at Québec, on 3 June 2015,

THE COMPETENT AUTHORITY OF QUÉBECC

AND

THE COMPETENT AUTHORITY OF THE REPUBLIC OF POLAND

have set out the terms and conditions for implementing the Agreement and have agreed as follows:

PART I

GENERAL PROVISIONS

ARTICLE 1

DEFINITIONS

(1) For the purposes of this Administrative Arrangement, the term “Agreement” means the Agreement on social security between the Gouvernement du Québec and Government of the Republic of Poland, signed at Québec, on 3 June 2015.

(2) All other terms and expressions shall have the meaning given to them in the Agreement.

ARTICLE 2

LIAISON AGENCIES AND COMPETENT INSTITUTIONS

(1) As regards the Republic of Poland, the liaison agencies responsible for the implementation of the Agreement shall be:

(a) Zakład Ubezpieczeń Społecznych, Centrala w Warszawie (Social Insurance Institution, based in Warsaw), for the purposes of the legislation on social insurance, with the exception of social insurance for farmers;

(b) Kasa Rolniczego Ubezpieczenia Społecznego, Centrala w Warszawie (Agricultural Social Insurance Fund, based in Warsaw), for the purposes of the legislation on social insurance for farmers;

(c) Zakład Ubezpieczeń Społecznych, Centrala w Warszawie (Social Insurance Institution, based in Warsaw), for the purposes of Article 9 and paragraph 13 of Article 22 of the Agreement.

(2) As regards the Republic of Poland, the competent institutions for the implementation of the Agreement shall be:

(a) Zakład Ubezpieczeń Społecznych (Social Insurance Institution), for the purposes of the legislation on social insurance, with the exception of social insurance for farmers;

(b) Kasa Rolniczego Ubezpieczenia Spolecznego (Agricultural Social Insurance Fund), for the administration of the legislation concerning social insurance for farmers.

(3) As regards Québec, the liaison agency responsible for the implementation of the Agreement shall be the Bureau des ententes de sécurité sociale of the Régie des rentes du Québec (Biuro do SPRAW porozumień w zakresie zabezpieczenia Społecznego Zakładu Emerytalno-Rentowego Québecu).

(4) As regards Québec, the competent institutions for the implementation of the Agreement shall be:

(a) the Régie des rentes du Québec (Zakład Emerytalno-Rentowy Québecu) for the implementation of the legislation concerning the Pension Plan;

(b) the Commission de la santé et de la sécurité du travail (Komisja Zdrowia i Bezpieczeństwa Pracy), for the implementation of the legislation on industrial accidents and occupational diseases.

ARTICLE 3

PROVISIONS RELATING TO THE LIAISON AGENCIES OR COMPETENT INSTITUTIONS

(1) The competent authority of each Party may designate liaison agencies other than those referred to in Article 2. Where appropriate, the competent authority shall immediately inform the competent authority of the other Party.

(2) The liaison agencies or competent institutions, referred to in Article 2, shall agree on procedures and forms necessary for the implementation of the Agreement and this Administrative Arrangement.

(3) To facilitate the application of the Agreement and this Administrative Arrangement, the liaison agencies may agree to means of exchanging data electronically.

PART II

PROVISIONS ON APPLICABLE LAW

ARTICLE 4

CERTIFICATE OF COVERAGE TO THE LEGISLATION

(1) For the purposes of paragraph b of Article 6 and Articles 7 to 9 of the Agreement, the liaison agency or competent institution of the Party whose legislation is applicable shall issue, upon request from the employer or self-employed worker, a certificate of coverage to the legislation for a specific period confirming, in relation to a given work, that the worker and the employer or self-employed worker remain subject to that legislation. The worker, his employer, the self-employed worker and the liaison agency or competent institution of the other Party shall be authorized to receive a copy of this certificate.

(2) The employer shall file a request for consent to the extension of the maximum period of detachment specified in Article 7 of the Agreement to the liaison agency of the Party whose legislation the employee is subjected to, before the end of the ongoing detachment period.

PART III

PROVISIONS ON BENEFITS

ARTICLE 5

EXAMINATION OF THE CLAIM

(1) When the liaison agency or competent institution of a Party receives a claim for a benefit pursuant to the legislation of the other Party, the liaison agency or competent institution of the first Party shall forward this claim without delay to the competent institution of the second Party, indicating the date of its filing.

(2) The liaison agency or the competent institution of the first Party shall forward the claim with the available documents, necessary for the competent institution of the second Party to establish the claimant’s right to a benefit.

(3) The personal information contained on a claim form can be certified by the liaison agency or competent institution forwarding the claim, which exempts it from forwarding the supporting documents. The nature of the information referred to in this paragraph shall be agreed upon by the liaison agencies or competent institutions of the Parties.

(4) In addition to the claim and documents referred to in paragraphs 1 and 2, the liaison agency or the competent institution of the first Party shall forward to the competent institution of the second Party the liaison form which includes, in particular, the periods of insurance completed under the legislation of the first Party.

(5) The competent institution of the second Party shall establish the claimant’s entitlement to the benefit and shall inform the competent institution of the first Party of its decision.

(6) Copies of documents certified as true copies of the originals by the liaison agency or the competent institution of a Party shall be accepted as true copies of the originals by the liaison agency or the competent institution of the other Party.

ARTICLE 6

SAME TYPE OF WORK

For the purposes of paragraph 2 of Article 16 of the Agreement, upon request from the competent institution of a Party, the competent institution of the other Party shall confirm the period of exercise of the same type of work as that which contributed to the occupational disease.

ARTICLE 7

AGGRAVATION OF AN OCCUPATIONAL DISEASE

(1) To establish the right to a benefit in case of aggravation of an occupational disease, the person referred to in paragraph 2 of Article 17 of the Agreement shall submit a claim to the competent institution of the Party whose legislation he or she was subjected to during the exercise of work likely to aggravate that disease.

(2) The competent institution receiving the claim referred to in paragraph 1 shall be able to obtain from the competent institution of the other Party the necessary information related to the benefit paid by it.

PART IV

ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

ARTICLE 8

MEDICAL ASSESSMENTS

(1) For the purposes of paragraph 2 of Article 21 of the Agreement, the competent institution which has taken the necessary steps to ensure that medical assessments are carried out shall establish, at the end of each calendar year, a request for refund of the cost of medical assessments made during that calendar year, indicating the amount due, and shall forward it to the liaison agency or competent institution of the other Party.

(2) The amount due must be reimbursed within six months from the date of receipt of the request referred to in paragraph 1.

ARTICLE 9

EXCHANGE OF STATISTICAL DATA

The liaison agencies or competent institutions of the Parties shall exchange annually statistical data on payments made in the territory of the other Party. These statistics shall include the number of beneficiaries and the total amount of benefits paid, broken down by type.

ARTICLE 10

ENTRY INTO FORCE AND DURATION

This Administrative Arrangement shall enter into force on the date of entry into force of the Agreement and its duration shall be the same as that of the Agreement.

DONE at Québec, on 3 June 2015, in two copies, each in the French and Polish languages, both texts being authentic.

FOR THE COMPETENT AUTHORITY OF QUÉBEC CHRISTINE ST-PIERRE

FOR THE MINISTER OF LABOUR AND SOCIAL POLICY THE REPUBLIC OF POLAND MAREK BUCIOR

O.C. 491-2018, Sch. 2.