GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 — (c)
(c) has resided in New Zealand at any time in his or her life for a continuous period of at least one year since attaining the age of 20 years.
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 — 2
2 Subject to this Agreement, if a person is entitled to receive a benefit under the legislation of New Zealand (including a person who is entitled as a result of paragraph 1, or of Article VI, or of both) but payment of that benefit is conditional on presence in New Zealand, that person shall be deemed, for the purpose of the payment of that benefit, to be present in New Zealand, provided that he or she:
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 — (a)
(a) is ordinarily resident in Canada, and present either in Canada or New Zealand; and
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 — (b)
(b) has resided in New Zealand at any time in his or her life for a continuous period of at least one year since attaining the age of 20 years.
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 — (a)
(a) if a person who is ordinarily resident in Canada is temporarily absent from Canada for a period which does not exceed 26 weeks, the period of temporary absence from Canada shall not be considered as interrupting that person’s ordinary residence in Canada;
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 — (b)
(b) if a person who has been ordinarily resident in Canada is absent from Canada for a period which exceeds 26 weeks, that person shall cease to be considered ordinarily resident in Canada on the date of his or her departure from Canada; and
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 — (c)
(c) if a person leaves New Zealand with the intention of becoming ordinarily resident in Canada for at least 26 weeks, and if that person begins to be ordinarily resident in Canada within 26 weeks of his or her departure from New Zealand, that person shall be deemed to have become ordinarily resident in Canada on the date of his or her departure from New Zealand.
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 — 4
4 If a person who is ordinarily resident in Canada reaches the age of entitlement to New Zealand superannuation or a veteran’s pension, that person shall not be entitled to receive, or shall no longer be entitled to receive, as the case may be, an invalids benefit, widows benefit or domestic purposes benefit paid to a widower.
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 — 5
5 For the purposes of this Agreement, a person who has not reached the age of entitlement for New Zealand superannuation shall not be deemed to be entitled or qualified to receive New Zealand superannuation or a veteran’s pension.
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 — 1
1 In determining whether a person meets the residential qualifications for a benefit specified in the legislation of New Zealand, the institution of New Zealand shall:
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 — (a)
(a) in the case of New Zealand superannuation or a veteran’s pension, deem a Canadian creditable period accumulated by that person after attaining the age of 20 years to be a period during which that person was both resident and present in New Zealand; and
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 — (b)
(b) in the case of an invalids benefit, a widows benefit or a domestic purposes benefit paid to a widower, deem a Canadian creditable period accumulated by that person under the Canada Pension Plan to be a period during which that person was both resident and present in New Zealand.
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 — (a)
(a) if a period of residence in New Zealand and a Canadian creditable period coincide, the period of coincidence shall be taken into account only once as a period of residence in New Zealand;
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 — (b)
(b) a Canadian creditable period accumulated under the Old Age Security Act which coincides with a Canadian creditable period accumulated under the Canada Pension Plan shall be taken into account only once.
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 — 3
3 In determining whether a person who is ordinarily resident in New Zealand or Canada is entitled to receive a widows benefit or a domestic purposes benefit paid to a widower, a dependent child of that person born in Canada shall be treated as though that child was born in New Zealand provided that:
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 — (a)
(a) in the case of a widow, the child was conceived before the death of the person’s last deceased spouse; and
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 — (b)
(b) in the case of a widower, the child was born before the death of the person’s last deceased spouse.
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 — 4
4 In determining whether a widow who is ordinarily resident in New Zealand or Canada is entitled to receive a widows benefit:
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 — (a)
(a) that widow shall be deemed to have accumulated a Canadian creditable period for any period during which her last deceased spouse accumulated a Canadian creditable period under the Canada Pension Plan ;
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 — (b)
(b) any period during which that widow and her last deceased spouse both accumulated Canadian creditable periods under the Canada Pension Plan shall be taken into account once only; and
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 — (c)
(c) a Canadian creditable period accumulated under the Canada Pension Plan by that widow’s last deceased spouse shall be deemed to be a period during which that spouse was ordinarily resident in New Zealand for the purposes of determining the ordinary residence of that spouse.
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 — Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997
If a person who is ordinarily resident in Canada is entitled to receive New Zealand superannuation or a veteran’s pension as a result of Article V, the amount of that benefit shall be calculated in accordance with the following formula:
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 — (a)
(a) in determining the number of whole months residence in New Zealand, only residence after attaining the age of 20 years shall be taken into account;
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 — (b)
(b) all periods of residence in New Zealand since attaining the age of 20 years shall be aggregated;
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 — (i)
(i) in the case of a single person, the maximum rate of benefit payable under the legislation of New Zealand to a single person who is not living alone; and,
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 — (ii)
(ii) in the case of a married person, the maximum rate of benefit payable under the legislation of New Zealand to a married person whose spouse also qualifies for New Zealand superannuation or a veteran’s pension;
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 — (d)
(d) if a person who became or becomes ordinarily resident in Canada after 1 April 1990 was entitled to receive New Zealand superannuation or a veteran’s pension at the date of departure from New Zealand and is entitled to receive that benefit as a result of Article V, but not as a result of Article VI, the amount of that benefit shall not be less than the amount that would be paid in the absence of this Agreement;
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 — (e)
(e) in no case shall the rate of benefit exceed 100%;
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 — (f)
(f) no account shall be taken of any benefit which is also payable under the Old Age Security Act of Canada, the Canada Pension Plan or any benefit or pension payable under the social security laws of a third party.
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 — Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997
If a person who is ordinarily resident in Canada is entitled to receive a widows benefit, a domestic purposes benefit paid to a widower or an invalids benefit as a result of Article V, the amount of that benefit shall be calculated in accordance with the following formula:
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 — (c)
(c) the maximum amount of benefit payable shall be the maximum rate of benefit which that person would be entitled to receive under the legislation of New Zealand; and
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 — (d)
(d) no account shall be taken of any benefit which is also payable under the Canada Pension Plan or any pension or benefit payable under the social security laws of a third party.
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 — 1
1 If a person who is ordinarily resident in New Zealand becomes entitled to receive a New Zealand benefit as a result of Article VI, the institution of New Zealand shall also pay to that person any supplementary benefit or allowance under the legislation of New Zealand for which that person is qualified.
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 — 2
2 If a person who is ordinarily resident in Canada becomes entitled to receive a New Zealand benefit as a result of this Agreement, the amount of that benefit shall not include any supplementary benefit or allowance which would be payable under the legislation of New Zealand if that person were ordinarily resident in New Zealand.
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 — (a)
(a) is ordinarily resident in New Zealand;
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 — (b)
(b) is entitled to receive a benefit solely through the application of the totalising provisions of Article VI; and
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 — (i)
(i) departs New Zealand with the intention of residing in a third State for a period which exceeds 26 weeks; or
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 — (ii)
(ii) resides in a third State for a period which exceeds 26 weeks;
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 — Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997
shall not be entitled to receive New Zealand superannuation or a veteran’s pension while outside New Zealand or Canada unless he or she is entitled to receive that benefit under a social security agreement which New Zealand has entered into with that third State.
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 — 1
1 If a person is not entitled to the payment of a benefit under the legislation of Canada because he or she has not accumulated sufficient Canadian creditable periods, entitlement of that person to the payment of that benefit shall be determined by totalising these periods and those specified in paragraph 2, provided that the periods do not overlap.
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 — (a)
(a) For purposes of determining entitlement to the payment of a benefit under the Old Age Security Act , a period of residence in New Zealand after attaining the age of 20 years shall be considered as a period of residence in Canada.
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 — (b)
(b) For purposes of determining entitlement to the payment of a benefit under the Canada Pension Plan , a calendar year which includes at least 6 months of residence in New Zealand after attaining the age of 18 years shall be considered as a year which is creditable under the Canada Pension Plan .
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 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 totalising provisions of Article XI, the 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 New Zealand in Force May 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 Age Security Act for entitlement to the payment of a pension outside Canada.
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 — 3
3 Notwithstanding any other provision of this Agreement:
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 — (a)
(a) a benefit shall not be payable by virtue of this Agreement to a person who has not accumulated a period of residence in Canada of at least one year;
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 — (b)
(b) the Old Age Security pension shall be paid to a person who is outside Canada only if that person’s periods of residence in Canada and New Zealand, when totalised as provided in Article XI, 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 New Zealand in Force May 1, 1997 — (c)
(c) the spouse’s allowance and the 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 New Zealand in Force May 1, 1997 — Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997
If a person is entitled to the payment of a benefit solely through the application of the totalising provisions of Article XI, the institution of Canada shall calculate the amount of benefit payable to that person in the following manner:
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 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 New Zealand in Force May 1, 1997 — (b)
(b) the flat-rate portion of the benefit shall be determined by multiplying:
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 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
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 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 New Zealand in Force May 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 New Zealand in Force May 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 New Zealand in Force May 1, 1997 — Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997
The competent authorities and institutions responsible for the application of this Agreement:
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 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 New Zealand in Force May 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 New Zealand in Force May 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 in so far as these changes affect the application of this Agreement.
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 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 New Zealand in Force May 1, 1997 — 3
3 Unless disclosure is required under the laws of a Party, any information about an individual 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 New Zealand in Force May 1, 1997 — Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 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 New Zealand in Force May 1, 1997 — 1
1 Any application, 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.
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 — 2
2 The date of an application for a benefit under the legislation of a Party made after the entry into force of this Agreement shall be deemed to be the date of an application for the corresponding benefit under the legislation of the other Party, provided that the applicant:
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 — (a)
(a) requests that it be considered an application under the legislation of the other Party; or
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 — (b)
(b) provides information at the time of application indicating that a creditable period or a period of residence has been completed under the legislation of the other Party.
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 — 3
3 In any case to which paragraph 1 or 2 applies, the authority or institution to which the application, notice or appeal has been submitted shall transmit it without delay to the authority or institution of the other Party.
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 — 1
1 The institution of a Party may discharge its obligations under this Agreement in the currency of that Party or in any other freely convertible currency.
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 — 2
2 Benefits shall be paid to beneficiaries free from any deduction for administrative expenses that may be incurred by either Party in paying the benefits.
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 — 3
3 Should currency restrictions be introduced by either Party, the two Parties shall immediately and jointly take steps to safeguard transfers between their territories of any money required to implement this Agreement.
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 — 1
1 The competent authorities of the Parties shall resolve, to the extent possible, any difficulties which arise in interpreting or applying this Agreement according to its spirit and fundamental principles.
Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 — 2
2 The Parties shall consult promptly at the request of either Party concerning matters which have not been resolved by the competent authorities in accordance with paragraph 1.