GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Proclamation Declaring the Agreement on Social Security Between Canada and the Republic of the Philippines in Force March 1, 1997 — Proclamation Declaring the Agreement on Social Security Between Canada and the Republic of the Philippines in Force March 1, 1997
Any person who is or who has been subject to the legislation of a Party, and the dependants and survivors of such a person, shall be subject to the obligations of the legislation of the other Party and shall be eligible for the benefits of that legislation under the same conditions as nationals of the latter Party.
Proclamation Declaring the Agreement on Social Security Between Canada and the Republic of the Philippines in Force March 1, 1997 — 1
1 Unless otherwise provided in this Agreement, benefits payable under the legislation of a Party to any person described in Article III, including benefits acquired by virtue of this Agreement, shall not be subject to any reduction, modification, suspension, cancellation or confiscation by reason only of the fact that the person resides in the territory of the other Party, and they shall be paid in the territory of the other Party.
Proclamation Declaring the Agreement on Social Security Between Canada and the Republic of the Philippines in Force March 1, 1997 — 2
2 Benefits payable under this Agreement to a person who is or who has been subject to the legislation of both Parties, or to the dependants or survivors of such a person, shall be paid in the territory of a third State.
Proclamation Declaring the Agreement on Social Security Between Canada and the Republic of the Philippines in Force March 1, 1997 — 1
1 Subject to the following provisions of this Article: (a) an employed person who works in the territory of a Party shall, in respect of that work, be subject only to the legislation of that Party; and (b) a self-employed person who ordinarily resides in the territory of a Party and who works for his or her own account in the territory of the other Party or in the territories of both Parties shall, in respect of that work, be subject only to the legislation of the first Party.
Proclamation Declaring the Agreement on Social Security Between Canada and the Republic of the Philippines in Force March 1, 1997 — (a)
(a) an employed person who works in the territory of a Party shall, in respect of that work, be subject only to the legislation of that Party; and
Proclamation Declaring the Agreement on Social Security Between Canada and the Republic of the Philippines in Force March 1, 1997 — (b)
(b) a self-employed person who ordinarily resides in the territory of a Party and who works for his or her own account in the territory of the other Party or in the territories of both Parties shall, in respect of that work, be subject only to the legislation of the first Party.
Proclamation Declaring the Agreement on Social Security Between Canada and the Republic of the Philippines in Force March 1, 1997 — 2
2 An employed person who is subject to the legislation of a Party and who performs services in the territory of the other Party for the same employer shall, in respect of those services, be subject only to the legislation of the first Party as though those services were performed in its territory. In the case of an assignment, this coverage may not be maintained for more than 60 months without the prior consent of the competent authorities of both Parties.
Proclamation Declaring the Agreement on Social Security Between Canada and the Republic of the Philippines in Force March 1, 1997 — 3
3 A person who, but for this Agreement, would be subject to the legislation of both Parties in respect of employment as a member of the crew of a ship shall, in respect of that employment, be subject only to the legislation of Canada if he or she ordinarily resides in the territory of Canada and only to the legislation of the Republic of the Philippines in any other case.
Proclamation Declaring the Agreement on Social Security Between Canada and the Republic of the Philippines in Force March 1, 1997 — 4
4 An employed person shall, in respect of the duties of a government employment of a Party performed in the territory of the other Party, be subject to the legislation of the latter Party only if he or she is a national thereof or ordinarily resides in its territory. In the latter case, that person may, however, elect to be subject only to the legislation of the first Party if he or she is a national thereof.
Proclamation Declaring the Agreement on Social Security Between Canada and the Republic of the Philippines in Force March 1, 1997 — 5
5 The competent authorities of the Parties may, by mutual consent, modify the application of the provisions of this Article with respect to any person or categories of persons.
Proclamation Declaring the Agreement on Social Security Between Canada and the Republic of the Philippines in Force March 1, 1997 — (a)
For the purpose of calculating the amount of benefits under the Old Age Security Act : (a) if a person is subject to the Canada Pension Plan or to the comprehensive pension plan of a province of Canada during any period of residence in the territory of the Republic of the Philippines, that period shall be considered as a period of residence in Canada for that person as well as for that person’s spouse and dependants who reside with him or her and who are not subject to the legislation of the Republic of the Philippines by reason of employment; and (b) if a person is subject to the legislation of the Republic of the Philippines during any period of residence in the territory of Canada, that period shall not be considered as a period of residence in Canada for that person and for that person’s spouse and dependants who reside with him or her and who are not subject to the Canada Pension Plan or to the comprehensive pension plan of a province of Canada by reason of employment.
Proclamation Declaring the Agreement on Social Security Between Canada and the Republic of the Philippines in Force March 1, 1997 — (a)
(a) if a person is subject to the Canada Pension Plan or to the comprehensive pension plan of a province of Canada during any period of residence in the territory of the Republic of the Philippines, that period shall be considered as a period of residence in Canada for that person as well as for that person’s spouse and dependants who reside with him or her and who are not subject to the legislation of the Republic of the Philippines by reason of employment; and
Proclamation Declaring the Agreement on Social Security Between Canada and the Republic of the Philippines in Force March 1, 1997 — (b)
(b) if a person is subject to the legislation of the Republic of the Philippines during any period of residence in the territory of Canada, that period shall not be considered as a period of residence in Canada for that person and for that person’s spouse and dependants who reside with him or her and who are not subject to the Canada Pension Plan or to the comprehensive pension plan of a province of Canada by reason of employment.
Proclamation Declaring the Agreement on Social Security Between Canada and the Republic of the Philippines in Force March 1, 1997 — 1
1 If a person is not entitled to the payment of a benefit because he or she has not accumulated sufficient creditable periods under the legislation of a Party, the entitlement of that person to the payment of that benefit shall be determined by totalizing these periods and those specified in paragraphs 2 through 4, provided that the periods do not overlap.
Proclamation Declaring the Agreement on Social Security Between Canada and the Republic of the Philippines in Force March 1, 1997 — 2. (a)
2. (a) For purposes of determining entitlement to the payment of a benefit under the Old Age Security Act of Canada, a creditable period under the legislation of the Republic of the Philippines shall be considered as a period of residence in the territory of Canada. (b) For purposes of determining entitlement to the payment of a benefit under the Canada Pension Plan , a calendar year including at least 3 months of contributions under the legislation of the Republic of the Philippines shall be considered as a year for which contributions have been made under the Canada Pension Plan .
Proclamation Declaring the Agreement on Social Security Between Canada and the Republic of the Philippines in Force March 1, 1997 —  (b)
(b) For purposes of determining entitlement to the payment of a benefit under the Canada Pension Plan , a calendar year including at least 3 months of contributions under the legislation of the Republic of the Philippines shall be considered as a year for which contributions have been made under the Canada Pension Plan .
Proclamation Declaring the Agreement on Social Security Between Canada and the Republic of the Philippines in Force March 1, 1997 — 3
3 For purposes of determining entitlement to the payment of a retirement benefit under the legislation of the Republic of the Philippines: (a) a calendar year which is a creditable period under the Canada Pension Plan shall be considered as 12 months of contributions under the legislation of the Republic of the Philippines; and (b) a month which is a creditable period under the Old Age Security Act of Canada and which is not part of a creditable period under the Canada Pension Plan shall be considered as a month of contributions under the legislation of the Republic of the Philippines.
Proclamation Declaring the Agreement on Social Security Between Canada and the Republic of the Philippines in Force March 1, 1997 — (a)
(a) a calendar year which is a creditable period under the Canada Pension Plan shall be considered as 12 months of contributions under the legislation of the Republic of the Philippines; and
Proclamation Declaring the Agreement on Social Security Between Canada and the Republic of the Philippines in Force March 1, 1997 — (b)
(b) a month which is a creditable period under the Old Age Security Act of Canada and which is not part of a creditable period under the Canada Pension Plan shall be considered as a month of contributions under the legislation of the Republic of the Philippines.
Proclamation Declaring the Agreement on Social Security Between Canada and the Republic of the Philippines in Force March 1, 1997 — 4
4 For the purposes of determining entitlement to the payment of a disability or death benefit under the legislation of the Republic of the Philippines, a calendar year which is a creditable period under the Canada Pension Plan shall be considered as 12 months of contributions under the legislation of the Republic of the Philippines.
Proclamation Declaring the Agreement on Social Security Between Canada and the Republic of the Philippines in Force March 1, 1997 — Proclamation Declaring the Agreement on Social Security Between Canada and the Republic of the Philippines in Force March 1, 1997
If a person is not entitled to the payment of a benefit on the basis of the creditable periods under the legislation of the Parties, totalized as provided in Article VIII, the entitlement of that person to the payment of that benefit shall be determined by totalizing these periods and creditable periods under the legislation of a third State with which both Parties are bound by social security instruments which provide for totalizing periods.
Proclamation Declaring the Agreement on Social Security Between Canada and the Republic of the Philippines in Force March 1, 1997 — Proclamation Declaring the Agreement on Social Security Between Canada and the Republic of the Philippines in Force March 1, 1997
Notwithstanding any other provision of this Agreement, if the total duration of the creditable periods accumulated by a person under the legislation of a Party is less than one year, the competent institution of that Party shall not be required to award benefits to that person in respect of those periods by virtue of this Agreement.
Proclamation Declaring the Agreement on Social Security Between Canada and the Republic of the Philippines in Force March 1, 1997 — 1
1 If a person is entitled to the payment of a pension or a spouse’s allowance solely through the application of the totalizing provisions of Chapter 1, the competent institution of Canada shall calculate the amount of the pension or spouse’s allowance payable to that person in conformity with the provisions of the Old Age Security Act governing the payment of a partial pension or a spouse’s allowance, exclusively on the basis of the periods of residence in Canada which may be considered under that Act.
Proclamation Declaring the Agreement on Social Security Between Canada and the Republic of the Philippines in Force March 1, 1997 — 2
2 Paragraph 1 shall also apply to a person who is entitled to the payment of a pension in Canada but who has not resided in Canada for the minimum period required by the Old AgeSecurity Act for entitlement to the payment of a pension outside Canada.
Proclamation Declaring the Agreement on Social Security Between Canada and the Republic of the Philippines in Force March 1, 1997 — 3
3 Notwithstanding any other provision of this Agreement: (a) an Old Age Security pension shall be paid to a person who is outside Canada only if that person’s periods of residence, when totalized as provided in Chapter 1, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for entitlement to the payment of a pension outside Canada; and (b) a spouse’s allowance and a guaranteed income supplement shall be paid to a person who is outside Canada only to the extent permitted by the Old Age Security Act .
Proclamation Declaring the Agreement on Social Security Between Canada and the Republic of the Philippines in Force March 1, 1997 — (a)
(a) an Old Age Security pension shall be paid to a person who is outside Canada only if that person’s periods of residence, when totalized as provided in Chapter 1, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for entitlement to the payment of a pension outside Canada; and
Proclamation Declaring the Agreement on Social Security Between Canada and the Republic of the Philippines in Force March 1, 1997 — (b)
(b) a spouse’s allowance and a guaranteed income supplement shall be paid to a person who is outside Canada only to the extent permitted by the Old Age Security Act .
Proclamation Declaring the Agreement on Social Security Between Canada and the Republic of the Philippines in Force March 1, 1997 — (a)
If a person is entitled to the payment of a benefit solely through the application of the totalizing provisions of Chapter 1, the competent institution of Canada shall calculate the amount of benefit payable to that person in the following manner: (a) the earnings-related portion of the benefit shall be determined in conformity with the provisions of the Canada Pension Plan , exclusively on the basis of the pensionable earnings under that Plan; and (b) the flat-rate portion of the benefit shall be prorated and the prorated amount shall be determined by multiplying: (i) the amount of the flat-rate portion of the benefit determined in conformity with the provisions of the Canada Pension Plan by (ii) the fraction which represents the ratio of the periods of contributions to the Canada Pension Plan in relation to the minimum qualifying period required under that Plan to establish entitlement to that benefit, but in no case shall that fraction exceed the value of one.
Proclamation Declaring the Agreement on Social Security Between Canada and the Republic of the Philippines in Force March 1, 1997 — (a)
(a) the earnings-related portion of the benefit shall be determined in conformity with the provisions of the Canada Pension Plan , exclusively on the basis of the pensionable earnings under that Plan; and
Proclamation Declaring the Agreement on Social Security Between Canada and the Republic of the Philippines in Force March 1, 1997 — (b)
(b) the flat-rate portion of the benefit shall be prorated and the prorated amount shall be determined by multiplying: (i) the amount of the flat-rate portion of the benefit determined in conformity with the provisions of the Canada Pension Plan by (ii) the fraction which represents the ratio of the periods of contributions to the Canada Pension Plan in relation to the minimum qualifying period required under that Plan to establish entitlement to that benefit, but in no case shall that fraction exceed the value of one.
Proclamation Declaring the Agreement on Social Security Between Canada and the Republic of the Philippines in Force March 1, 1997 — (i)
(i) the amount of the flat-rate portion of the benefit determined in conformity with the provisions of the Canada Pension Plan by
Proclamation Declaring the Agreement on Social Security Between Canada and the Republic of the Philippines in Force March 1, 1997 — (ii)
(ii) the fraction which represents the ratio of the periods of contributions to the Canada Pension Plan in relation to the minimum qualifying period required under that Plan to establish entitlement to that benefit, but in no case shall that fraction exceed the value of one.
Proclamation Declaring the Agreement on Social Security Between Canada and the Republic of the Philippines in Force March 1, 1997 — (a)
If a person is not entitled to the payment of a benefit solely on the basis of the creditable periods under the legislation of the Republic of the Philippines, but is entitled to the payment of that benefit through the application of the totalizing provisions of Chapter 1, the competent institution of the Republic of the Philippines shall calculate the amount of benefit payable to that person in the following manner: (a) it shall first determine the amount of the theoretical benefit which would be payable under the legislation of the Republic of the Philippines solely on the basis of the minimum creditable periods required under that legislation; (b) it shall then multiply the theoretical benefit by the ratio that the creditable periods actually completed under the legislation of the Republic of the Philippines represent in relation to the minimum creditable periods required under that legislation.
Proclamation Declaring the Agreement on Social Security Between Canada and the Republic of the Philippines in Force March 1, 1997 — (a)
(a) it shall first determine the amount of the theoretical benefit which would be payable under the legislation of the Republic of the Philippines solely on the basis of the minimum creditable periods required under that legislation;
Proclamation Declaring the Agreement on Social Security Between Canada and the Republic of the Philippines in Force March 1, 1997 — (b)
(b) it shall then multiply the theoretical benefit by the ratio that the creditable periods actually completed under the legislation of the Republic of the Philippines represent in relation to the minimum creditable periods required under that legislation.
Proclamation Declaring the Agreement on Social Security Between Canada and the Republic of the Philippines in Force March 1, 1997 — 1
1 The competent authorities of the Parties shall establish, by means of an administrative arrangement, the measures necessary for the application of this Agreement.
Proclamation Declaring the Agreement on Social Security Between Canada and the Republic of the Philippines in Force March 1, 1997 — 2
2 The liaison agencies of the Parties shall be designated in that arrangement.
Proclamation Declaring the Agreement on Social Security Between Canada and the Republic of the Philippines in Force March 1, 1997 — 1
1 The competent authorities and institutions responsible for the application of this Agreement: (a) shall, to the extent permitted by the legislation which they administer, communicate to each other any information necessary for the application of this Agreement; (b) shall lend their good offices and furnish assistance to one another with regard to the determination or payment of any benefit under this Agreement, or the legislation to which this Agreement applies, as if the matter involved the application of their own legislation; and (c) shall communicate to each other, as soon as possible, all information about the measures taken by them for the application of this Agreement or about changes in their respective legislation insofar as these changes affect the application of this Agreement.
Proclamation Declaring the Agreement on Social Security Between Canada and the Republic of the Philippines in Force March 1, 1997 — (a)
(a) shall, to the extent permitted by the legislation which they administer, communicate to each other any information necessary for the application of this Agreement;
Proclamation Declaring the Agreement on Social Security Between Canada and the Republic of the Philippines in Force March 1, 1997 — (b)
(b) shall lend their good offices and furnish assistance to one another with regard to the determination or payment of any benefit under this Agreement, or the legislation to which this Agreement applies, as if the matter involved the application of their own legislation; and
Proclamation Declaring the Agreement on Social Security Between Canada and the Republic of the Philippines in Force March 1, 1997 — (c)
(c) shall communicate to each other, as soon as possible, all information about the measures taken by them for the application of this Agreement or about changes in their respective legislation insofar as these changes affect the application of this Agreement.
Proclamation Declaring the Agreement on Social Security Between Canada and the Republic of the Philippines in Force March 1, 1997 — 2
2 The assistance referred to in subparagraph 1(b) shall be provided free of charge, subject to any provision contained in an administrative arrangement concluded pursuant to Article XIV for the reimbursement of certain types of expenses.
Proclamation Declaring the Agreement on Social Security Between Canada and the Republic of the Philippines in Force March 1, 1997 — 3
3 Unless disclosure is required under the laws of a Party, any information about a person which is transmitted in accordance with this Agreement to that Party by the other Party is confidential and shall be used only for purposes of implementing this Agreement and the legislation to which this Agreement applies.
Proclamation Declaring the Agreement on Social Security Between Canada and the Republic of the Philippines in Force March 1, 1997 — 1
1 Any exemption from or reduction of taxes, legal dues, consular fees or administrative charges for which provision is made in the legislation of a Party in connection with the issuing of any certificate or document required to be produced for the application of that legislation shall be extended to certificates or documents required to be produced for the application of the legislation of the other Party.
Proclamation Declaring the Agreement on Social Security Between Canada and the Republic of the Philippines in Force March 1, 1997 — 2
2 Any documents of an official nature required to be produced for the application of this Agreement shall be exempt from any authentication by diplomatic or consular authorities and similar formality.
Proclamation Declaring the Agreement on Social Security Between Canada and the Republic of the Philippines in Force March 1, 1997 — Proclamation Declaring the Agreement on Social Security Between Canada and the Republic of the Philippines in Force March 1, 1997
For the application of this Agreement, the competent authorities and institutions of the Parties may communicate directly with one another in any official language of either Party.
Proclamation Declaring the Agreement on Social Security Between Canada and the Republic of the Philippines in Force March 1, 1997 — 1
1 Any claim, notice or appeal concerning the determination or payment of a benefit under the legislation of a Party which should, for the purposes of that legislation, have been presented within a prescribed period to a competent authority or institution of that Party, but which is presented within the same period to an authority or institution of the other Party, shall be treated as if it had been presented to the competent authority or institution of the first Party.