GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Proclamation Giving Notice that the Agreement on Social Security Between Canada and Japan Comes into Force on March 1, 2008 — 1
1 Persons who are or have been subject to the legislation of one Party, as well as other persons who derive rights from such persons, who ordinarily reside in the territory of the other Party, shall receive equal treatment with nationals of that other Party in the application of the legislation of that other Party. However, the foregoing shall not affect the provisions on complementary periods for Japanese nationals on the basis of ordinary residence outside the territory of Japan under the legislation of Japan.
Proclamation Giving Notice that the Agreement on Social Security Between Canada and Japan Comes into Force on March 1, 2008 — 2
2 Any provision of the legislation of one Party which restricts entitlement to or payment of benefits solely because the person ordinarily resides outside or is absent from the territory of that Party shall not be applicable to persons who ordinarily reside in the territory of the other Party. However, the foregoing shall not affect: (a) the provisions of the legislation of Japan which require a person who is aged 60 or over but under 65 on the date of the first medical examination or of death to reside ordinarily in the territory of Japan for the acquisition of entitlement to the Disability Basic Pension or the Survivors’ Basic Pension; (b) the provisions of the Old Age Security Act of Canada which require that a person have completed a prescribed minimum period of residence in Canada in order for that person to be entitled to the payment of a pension when he or she is outside the territory of Canada for an indefinite period. Notwithstanding the foregoing provisions of this subparagraph, the requirement of that Act regarding a prescribed minimum period of residence in Canada for the purpose of the payment of a pension to a person who is outside the territory of Canada shall be fulfilled, when required, through the totalization of periods of residence in Canada and periods of coverage under the legislation of Japan in accordance with paragraph 3 and subparagraph 4(a) of Article 6; and (c) the provisions of the Old Age Security Act of Canada regarding the payment of an allowance and a guaranteed income supplement to a person who is outside the territory of Canada, and any other similar benefits, to be introduced after the entry into force of this Agreement, and as may be agreed upon between the two Parties.
Proclamation Giving Notice that the Agreement on Social Security Between Canada and Japan Comes into Force on March 1, 2008 — (a)
(a) the provisions of the legislation of Japan which require a person who is aged 60 or over but under 65 on the date of the first medical examination or of death to reside ordinarily in the territory of Japan for the acquisition of entitlement to the Disability Basic Pension or the Survivors’ Basic Pension;
Proclamation Giving Notice that the Agreement on Social Security Between Canada and Japan Comes into Force on March 1, 2008 — (b)
(b) the provisions of the Old Age Security Act of Canada which require that a person have completed a prescribed minimum period of residence in Canada in order for that person to be entitled to the payment of a pension when he or she is outside the territory of Canada for an indefinite period. Notwithstanding the foregoing provisions of this subparagraph, the requirement of that Act regarding a prescribed minimum period of residence in Canada for the purpose of the payment of a pension to a person who is outside the territory of Canada shall be fulfilled, when required, through the totalization of periods of residence in Canada and periods of coverage under the legislation of Japan in accordance with paragraph 3 and subparagraph 4(a) of Article 6; and
Proclamation Giving Notice that the Agreement on Social Security Between Canada and Japan Comes into Force on March 1, 2008 — Proclamation Giving Notice that the Agreement on Social Security Between Canada and Japan Comes into Force on March 1, 2008
Notwithstanding the foregoing provisions of this subparagraph, the requirement of that Act regarding a prescribed minimum period of residence in Canada for the purpose of the payment of a pension to a person who is outside the territory of Canada shall be fulfilled, when required, through the totalization of periods of residence in Canada and periods of coverage under the legislation of Japan in accordance with paragraph 3 and subparagraph 4(a) of Article 6; and
Proclamation Giving Notice that the Agreement on Social Security Between Canada and Japan Comes into Force on March 1, 2008 — (c)
(c) the provisions of the Old Age Security Act of Canada regarding the payment of an allowance and a guaranteed income supplement to a person who is outside the territory of Canada, and any other similar benefits, to be introduced after the entry into force of this Agreement, and as may be agreed upon between the two Parties.
Proclamation Giving Notice that the Agreement on Social Security Between Canada and Japan Comes into Force on March 1, 2008 — 3
3 A benefit under the legislation of one Party which is payable to a person who is or has been subject to the legislation of the other Party, as well as other persons who derive rights from such a person, shall be paid when that person or those persons ordinarily reside in the territory of a third State under the same conditions as it would to a national of the first Party who ordinarily resides in the territory of that third State.
Proclamation Giving Notice that the Agreement on Social Security Between Canada and Japan Comes into Force on March 1, 2008 — 1
1 Unless otherwise provided in this Article, a person who works as an employee or a self-employed person in the territory of one Party shall, with respect to that employment or self-employment, be subject only to the legislation of that Party.
Proclamation Giving Notice that the Agreement on Social Security Between Canada and Japan Comes into Force on March 1, 2008 — 2
2 Subject to paragraph 5 of this Article, where a person who is covered under the legislation of one Party and normally employed in the territory of that Party by an employer with a place of business in that territory is sent by that employer from that territory to work in the territory of the other Party, the employee shall, with respect to that employment, be subject only to the legislation of the first Party as if that employee were working in the territory of the first Party, provided that the period of such detachment is not expected to exceed five years. If the detachment continues beyond five years, the competent authority or competent institution of the second Party may, with the prior concurrence of the competent authority or competent institution of the first Party, grant further exemption of the employee from the legislation of the second Party. For the purpose of this paragraph in the case of an employee who is sent from the territory of Canada by an employer in that territory to a related company of that employer in the territory of Japan, that employer and the related company of that employer shall be deemed to be the same employer, provided that the employment is covered under the legislation of Canada.
Proclamation Giving Notice that the Agreement on Social Security Between Canada and Japan Comes into Force on March 1, 2008 — 3
3 Paragraph 2 of this Article shall apply where a person who has been sent by an employer from the territory of one Party to the territory of a third State is subsequently sent by that employer from the territory of the third State to the territory of the other Party.
Proclamation Giving Notice that the Agreement on Social Security Between Canada and Japan Comes into Force on March 1, 2008 — 4
4 Where a person covered under the legislation of one Party, who ordinarily works as a self-employed person in the territory of that Party, works temporarily as a self-employed person in the territory of the other Party, that self-employed person shall, with respect to that self-employment, be subject only to the legislation of the first Party as if that self-employed person were working in the territory of the first Party, provided that the period of such self-employment in the territory of the second Party is not expected to exceed five years. If that self-employment continues beyond five years, the competent authority or competent institution of the second Party may, with the prior concurrence of the competent authority or competent institution of the first Party, grant further exemption of that self-employed person from the legislation of the second Party.
Proclamation Giving Notice that the Agreement on Social Security Between Canada and Japan Comes into Force on March 1, 2008 — (a)
(a) This Agreement shall not affect the provisions of the Vienna Convention on Diplomatic Relations of April 18, 1961, or the Vienna Convention on Consular Relations of April 24, 1963.
Proclamation Giving Notice that the Agreement on Social Security Between Canada and Japan Comes into Force on March 1, 2008 — (b)
(b) Subject to subparagraph (a) of this paragraph, where any person in government employment in the territory of Canada is sent to work as part of that employment in the territory of Japan, that person shall, with respect to that employment, be subject only to the legislation of Canada.
Proclamation Giving Notice that the Agreement on Social Security Between Canada and Japan Comes into Force on March 1, 2008 — (c)
(c) Subject to subparagraph (a) of this paragraph, where any civil servant of Japan or any person treated as such under the legislation of Japan is sent to work in the territory of Canada, that person shall, with respect to that work, be subject only to the legislation of Japan.
Proclamation Giving Notice that the Agreement on Social Security Between Canada and Japan Comes into Force on March 1, 2008 — 6
6 The competent authority or competent institution of Japan and the competent authority of Canada may agree to grant an exception to the provisions of this Article in the interest of particular persons or categories of persons, provided that such persons or categories of persons shall be subject to the legislation of one of the Parties.
Proclamation Giving Notice that the Agreement on Social Security Between Canada and Japan Comes into Force on March 1, 2008 — 7
7 As regards the accompanying spouse or children of a person who works in the territory of Japan and who is subject to the legislation of Canada in accordance with paragraph 2, 4, 5(b) or 6 of this Article: (a) in cases in which the accompanying spouse or children are persons other than Japanese nationals, the legislation of Japan shall not apply to them. However, when the accompanying spouse or children so request, the foregoing shall not apply; (b) in cases in which the accompanying spouse or children are Japanese nationals, the exemption from the legislation of Japan shall be determined in accordance with the legislation of Japan.
Proclamation Giving Notice that the Agreement on Social Security Between Canada and Japan Comes into Force on March 1, 2008 — (a)
(a) in cases in which the accompanying spouse or children are persons other than Japanese nationals, the legislation of Japan shall not apply to them. However, when the accompanying spouse or children so request, the foregoing shall not apply;
Proclamation Giving Notice that the Agreement on Social Security Between Canada and Japan Comes into Force on March 1, 2008 — (b)
(b) in cases in which the accompanying spouse or children are Japanese nationals, the exemption from the legislation of Japan shall be determined in accordance with the legislation of Japan.
Proclamation Giving Notice that the Agreement on Social Security Between Canada and Japan Comes into Force on March 1, 2008 — 8
8 This Article shall apply, as regards Japan, only to compulsory coverage under the legislation of Japan.
Proclamation Giving Notice that the Agreement on Social Security Between Canada and Japan Comes into Force on March 1, 2008 — Proclamation Giving Notice that the Agreement on Social Security Between Canada and Japan Comes into Force on March 1, 2008
The following provisions shall apply to Canada:
Proclamation Giving Notice that the Agreement on Social Security Between Canada and Japan Comes into Force on March 1, 2008 — 1
1 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 in which that person is present or resides in the territory of Japan, that period shall be considered as a period of residence in Canada for that person as well as for that person’s spouse or common-law partner and dependants who reside with him or her and who are not subject to the legislation of Japan; (b) if a person is subject to the legislation of Japan during any period in which that person is present or resides 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 or common-law partner and dependants who reside with him or her unless that person’s spouse or common-law partner and dependants are subject to the Canada Pension Plan or to the comprehensive pension plan of a province of Canada by reason of employment or self-employment.
Proclamation Giving Notice that the Agreement on Social Security Between Canada and Japan Comes into Force on March 1, 2008 — (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 in which that person is present or resides in the territory of Japan, that period shall be considered as a period of residence in Canada for that person as well as for that person’s spouse or common-law partner and dependants who reside with him or her and who are not subject to the legislation of Japan;
Proclamation Giving Notice that the Agreement on Social Security Between Canada and Japan Comes into Force on March 1, 2008 — (b)
(b) if a person is subject to the legislation of Japan during any period in which that person is present or resides 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 or common-law partner and dependants who reside with him or her unless that person’s spouse or common-law partner and dependants are subject to the Canada Pension Plan or to the comprehensive pension plan of a province of Canada by reason of employment or self-employment.
Proclamation Giving Notice that the Agreement on Social Security Between Canada and Japan Comes into Force on March 1, 2008 — 2
2 In the application of paragraph 1 of this Article: (a) a person shall be considered to be subject to the Canada Pension Plan or to the comprehensive pension plan of a province of Canada during a period in which that person is present or resides in the territory of Japan only if that person makes contributions pursuant to the plan concerned during that period by reason of employment or self-employment. That person’s spouse or common-law partner and dependants who reside with him or her shall be considered to be subject to the legislation of Japan during a period in which that person’s spouse or common-law partner and dependants are present or reside in the territory of Japan only if that person’s spouse or common-law partner and dependants are covered as Category II insured persons under the National Pension during that period; (b) a person and that person’s spouse or common-law partner and dependants who reside with him or her shall be considered to be subject to the legislation of Japan during a period in which that person is present or resides in the territory of Canada only if they are covered under the National Pension during that period. That person’s spouse or common-law partner and dependants who reside with him or her shall be considered to be subject to the Canada Pension Plan or to the comprehensive pension plan of a province of Canada during a period in which that person’s spouse or common-law partner and dependants are present or reside in the territory of Canada only if that person’s spouse or common-law partner and dependants make contributions pursuant to the plan concerned during that period by reason of employment or self-employment.
Proclamation Giving Notice that the Agreement on Social Security Between Canada and Japan Comes into Force on March 1, 2008 — (a)
(a) a person shall be considered to be subject to the Canada Pension Plan or to the comprehensive pension plan of a province of Canada during a period in which that person is present or resides in the territory of Japan only if that person makes contributions pursuant to the plan concerned during that period by reason of employment or self-employment.
Proclamation Giving Notice that the Agreement on Social Security Between Canada and Japan Comes into Force on March 1, 2008 — Proclamation Giving Notice that the Agreement on Social Security Between Canada and Japan Comes into Force on March 1, 2008
That person’s spouse or common-law partner and dependants who reside with him or her shall be considered to be subject to the legislation of Japan during a period in which that person’s spouse or common-law partner and dependants are present or reside in the territory of Japan only if that person’s spouse or common-law partner and dependants are covered as Category II insured persons under the National Pension during that period;
Proclamation Giving Notice that the Agreement on Social Security Between Canada and Japan Comes into Force on March 1, 2008 — (b)
(b) a person and that person’s spouse or common-law partner and dependants who reside with him or her shall be considered to be subject to the legislation of Japan during a period in which that person is present or resides in the territory of Canada only if they are covered under the National Pension during that period.
Proclamation Giving Notice that the Agreement on Social Security Between Canada and Japan Comes into Force on March 1, 2008 — Proclamation Giving Notice that the Agreement on Social Security Between Canada and Japan Comes into Force on March 1, 2008
That person’s spouse or common-law partner and dependants who reside with him or her shall be considered to be subject to the Canada Pension Plan or to the comprehensive pension plan of a province of Canada during a period in which that person’s spouse or common-law partner and dependants are present or reside in the territory of Canada only if that person’s spouse or common-law partner and dependants make contributions pursuant to the plan concerned during that period by reason of employment or self-employment.
Proclamation Giving Notice that the Agreement on Social Security Between Canada and Japan Comes into Force on March 1, 2008 — 3
3 Where a person has completed a period of residence in Canada of at least one year under the Old Age Security Act or a period of coverage of at least one year under the Canada Pension Plan , but does not have sufficient periods of residence in Canada or periods of coverage to satisfy the requirements for entitlement to benefits under that Act or that Plan, the competent institution of Canada shall take into account, for the purpose of establishing entitlement to benefits under this Article in accordance with paragraphs 4 and 7 of this Article, periods of coverage under the legislation of Japan which do not coincide with periods of residence in Canada or periods of coverage under the legislation of Canada.
Proclamation Giving Notice that the Agreement on Social Security Between Canada and Japan Comes into Force on March 1, 2008 — (a)
(a) For the purpose of establishing entitlement to benefits under the Old Age Security Act through the application of paragraph 3 of this Article, the competent institution of Canada shall: (i) consider, in accordance with the legislation of Canada, a calendar month beginning on or after January 1, 1952, which is a period of coverage under the legislation of Japan, and certified as such by the competent institutions of Japan, as a period of residence in Canada; and (ii) take into account only periods of residence in Canada completed on or after January 1, 1952.
Proclamation Giving Notice that the Agreement on Social Security Between Canada and Japan Comes into Force on March 1, 2008 — (i)
(i) consider, in accordance with the legislation of Canada, a calendar month beginning on or after January 1, 1952, which is a period of coverage under the legislation of Japan, and certified as such by the competent institutions of Japan, as a period of residence in Canada; and
Proclamation Giving Notice that the Agreement on Social Security Between Canada and Japan Comes into Force on March 1, 2008 — (ii)
(ii) take into account only periods of residence in Canada completed on or after January 1, 1952.
Proclamation Giving Notice that the Agreement on Social Security Between Canada and Japan Comes into Force on March 1, 2008 — (b)
(b) For the purpose of establishing entitlement to benefits under the Canada Pension Plan through the application of paragraph 3 of this Article, the competent institution of Canada shall consider, in accordance with the legislation of Canada, a calendar year which contains a period of coverage of at least three months under the legislation of Japan and certified as such by the competent institutions of Japan, as a period of coverage of one year.
Proclamation Giving Notice that the Agreement on Social Security Between Canada and Japan Comes into Force on March 1, 2008 — (a)
(a) Where a person’s entitlement to a pension or an allowance under the Old Age Security Act is established solely through the application of paragraph 3 of this Article, the competent institution of Canada shall calculate the amount of the pension or of the allowance payable to that person in conformity with the provisions of that Act governing the payment of a partial pension or allowance, exclusively on the basis of the periods of residence in Canada which may be considered under that Act and which have been completed on or after January 1, 1952.
Proclamation Giving Notice that the Agreement on Social Security Between Canada and Japan Comes into Force on March 1, 2008 — (b)
(b) Subparagraph (a) of this paragraph shall also apply to a person who is outside the territory of Canada and who would be entitled to a full pension if he or she were in the territory of Canada, but whose period of residence in Canada is less than the minimum period required by the Old Age Security Act for the payment of a pension outside the territory of Canada.
Proclamation Giving Notice that the Agreement on Social Security Between Canada and Japan Comes into Force on March 1, 2008 — 6
6 Where a person’s entitlement to a benefit under the Canada Pension Plan is established solely through the application of paragraph 3 of this Article, 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; (b) the flat-rate portion of the benefit 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 contribution 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 Giving Notice that the Agreement on Social Security Between Canada and Japan Comes into Force on March 1, 2008 — (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;