GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990
When a national of one Party or a person described in paragraph 2(b) or (c) of Article IV was, at the time of death, subject to the legislation specified in paragraph 1(a)(ii) of Article II and had previously completed a total creditable period of at least twelve months under the Netherlands legislation on widows’ and orphans’ insurance, the widow or the orphans shall be entitled to a benefit determined in accordance with the latter legislation and calculated according to the provisions of Article XVI.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990
If entitlement to a benefit is established through the application of Article XV, the amount of the benefit payable shall be calculated in proportion to the ratio of the total length of the creditable periods completed by the deceased under the Netherlands legislation before reaching the age of sixty-five to the period between the date on which the deceased reached the age of fifteen and the date of death, but at the latest the date on which the deceased reached the age of sixty-five.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 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 of 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; (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 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 Netherlands in Force October 1, 1990 — (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 Netherlands in Force October 1, 1990 — (b)
(b) shall lend their good offices and furnish assistance to one another with regard to the determination of 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;
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — (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 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 Netherlands in Force October 1, 1990 — 2
2 The assistance referred to in subparagraph 1(b) shall be provided free of charge, subject to any agreement reached between the competent authorities of the Parties for the reimbursement of certain types of expenses.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 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 an authority of an institution of that Party by an authority or an institution of 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 Netherlands in Force October 1, 1990 — 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 Netherlands in Force October 1, 1990 — 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 Netherlands in Force October 1, 1990 — 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 one 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 Netherlands in Force October 1, 1990 — 2
2 Any acts or 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 or similar formality.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 1
1 For the application of this Agreement, the competent authorities and institutions of the Parties may communicate directly with one another in any of the official languages of either Party.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 2
2 The authorities, institutions and tribunals of a Party may not reject claims or other documents submitted to them by reason of the fact that they are written in a foreign language, provided they are in an official language of the other Party.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 1
1 Any claim, notice or appeal concerning the determination or payment of a benefit under the legislation of one Party which should, for the purposes of that legislation, have been presented within a prescribed period to a competent authority, institution or tribunal of that Party, but which is presented within the same period to a competent authority, institution or tribunal of the other Party, shall be treated as if it had been presented to the authority, institution or tribunal of the first Party. The date on which such a claim, notice or appeal was submitted to the authority, institution or tribunal of the first Party shall be considered as the date of its submission to the authority, institution or tribunal of the other Party.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 2
2 A claim for a benefit payable under the legislation of one Party shall be deemed to be a claim for the corresponding benefit under the legislation of the other Party, provided that the applicant: (a) requests that it be considered an application under the legislation of the other Party, or (b) provides information at the time of application indicating that creditable periods have been completed under the legislation of the other Party.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — (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 the Netherlands in Force October 1, 1990 — (b)
(b) provides information at the time of application indicating that creditable periods have been completed under the legislation of the other Party.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 3
3 In any case to which paragraph 1 or 2 applies, the authority, institution or tribunal to which the claim, notice or appeal has been submitted shall transmit it without delay to the authority, institution or tribunal of the other Party.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 1
1 The institution or authority of a Party shall discharge its obligations under this Agreement in the currency of that Party.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 2
2 Benefits shall be paid to beneficiaries free from deductions for administrative expenses that may be incurred in paying the benefits.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 1
1 The competent authorities of the Parties shall resolve, to the extent possible, any dispute which arises in interpreting or applying this Agreement according to its spirit and fundamental principles.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 2
2 If the dispute has not been settled within six months, it shall be submitted to an arbitration tribunal whose composition and procedure shall be agreed upon by the Parties. The arbitration tribunal shall settle the dispute in accordance with the spirit and fundamental principles of this Agreement. The arbitration shall be final and binding for the Parties.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990
The relevant authority of the Netherlands and a province of Canada may conclude understandings concerning any social security matter within provincial jurisdiction in Canada insofar as those understandings are not inconsistent with the provisions of this Agreement.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 1
1 Any creditable period completed before the date of entry into force of this Agreement shall be taken into account for the purpose of determining the right to a benefit under this Agreement.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 2
2 No provision of this Agreement shall confer any right to receive payment of a benefit for a period before the date of entry into force of the Agreement.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 3
3 Subject to paragraph 2, a benefit, other than a lump sum payment, shall, on application, be payable under this Agreement in respect of events which happened before the date of entry into force of this Agreement.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 1
1 The Parties shall notify each other in writing of the completion of their respective constitutional or legal procedures required for the entry into force of this Agreement. This Agreement shall enter into force, after the conclusion of the administrative arrangement referred to in Article XVIII, on the first day of the third month after the date of the last notification.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 2
2 This Agreement shall remain in force without any limitation on its duration. It may be denounced at any time by either Party giving twelve months’ notice in writing to the other Party.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 3
3 In the event of the termination of this Agreement, any right acquired by a person in accordance with its provisions shall be maintained and negotiations shall take place for the settlement of any rights then in course of acquisition by virtue of its provisions.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990
IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their respective Governments, have signed this Agreement.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990
DONE in two copies at The Hague this 26th day of February, 1987, in English, French and Dutch, each text being equally authentic.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990
Pursuant to Article XVIII of the Agreement on Social Security between Canada and the Kingdom of the Netherlands, concluded on February 26, the competent authorities:
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990
the Minister of National Health and Welfare
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990
the Minister for Social Affairs and Employment
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990
Have agreed on the following provisions:
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 1
1 For the application of this Administrative Arrangement, “Agreement” means the Agreement on Social Security between the Kingdom of the Netherlands and Canada, signed at The Hague on February 26, 1987.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 2
2 Other terms will have the meaning given to them in the Agreement.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 1
1 The following are designated as liaison agencies, pursuant to Article XVIII of the Agreement: for Canada: International Operation Division, Income Security Programs Branch, Department of National Health and Welfare, Ottawa; for the Netherlands; (a) as regards old age, widow’s and orphan’s insurance: Sociale Verzekeringsbank (Social Insurance Bank), Amsterdam; (b) as regards invalidity insurance: Gemeenschappelijk Administratiekantoor (Joint Administration Office), Amsterdam.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990
Department of National Health and Welfare,
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — (a)
(a) as regards old age, widow’s and orphan’s insurance: Sociale Verzekeringsbank (Social Insurance Bank), Amsterdam;
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — (b)
(b) as regards invalidity insurance: Gemeenschappelijk Administratiekantoor (Joint Administration Office), Amsterdam.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 2
2 The duties of the liaison agencies are stated in this Arrangement. For the application of the Agreement, the liaison agencies may communicate directly with each other as well as with the persons concerned or their representatives. The liaison agencies of the Parties will assist each other in the application of the Agreement.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990
The competent institution for the application of Articles XII and XIII of the Agreement is the Nieuwe Algemene Bedrijfsvereniging (New General Professional Association), Amsterdam.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 1
1 For the purposes of this Article, “institution” means, as regards Canada, the Source Deductions Division, Department of National Revenue, Taxation and, as regards the Netherlands, the Sociale Verzekeringsraad (Social Insurance Council).
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — (a)
(a) When the legislation of a Party is applicable in the circumstances described in paragraph 2 or 3 of Article VI of the Agreement, the institution of that Party will, at the request of the employed person or the employer of that person, issue a certificate certifying, in respect of the work in question, that the employed person is subject to that legislation until the date indicated.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — (b)
(b) When the employed person described in subparagraph (a) takes on an employment in the territory of the other Party by a different employer located in that territory, the employed person must, without delay, inform the institution that issued the certificate. That institution will thereupon revoke the certificate and inform the institution of the other Party.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — (c)
(c) Until revoked, a certificate issued under subparagraph (a) or under paragraph 3 of this Article will be accepted as evidence that the employed person is not subject to the legislation of the other Party in respect of the work or employment for which the certificate was issued.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 3
3 When the legislation of a Party is applicable by reason of an election under paragraph 5 of Article VI of the Agreement or agreement of the competent authorities under paragraph 6 of that Article, the institution of that party will issue a certificate certifying in respect of the work or employment in question, that the employed person is subject to that legislation.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 4
4 To make an election under paragraph 5(a) of Article VI of the Agreement the employed person must, within the stated time limit give notice in writing to his or her employer and to the institution of the Party whose legislation is to apply.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 5
5 The institution of the Party that has issued a certificate under paragraph 2(a) or 3 of this Article will send copies of it to the employed person as well as to that person’s employer and the institution of the other Party.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 1
1 The competent institution of one Party which receives an application for a benefit under the legislation of the other Party will without delay, send the application form to the liaison agency of the other Party.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 2
2 Along with the application form, the competent institution of the first Party will also transmit any documentation available to in which may be necessary for the competent institution of the other Party to establish the entitlement of the applicant to a benefit. In the case of an application for a benefit under the Old Age Security Act of Canada, this documentation will include, to the extent possible certification of periods of residence completed in the territory of the Netherlands. In the case of an application for a benefit under the Netherlands legislation on invalidity insurance, this documentation will include a certificate of invalidity issued by a competent medical practitioner in which the initial date of incapacity for work is indicated.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 3
3 The personal information regarding an individual contained in the application form will be duly certified by the competent institution of the first Party which will confirm that the information is corroborated by documentary evidence; the transmission of the form so certified will exempt the competent institution from sending the corroboratory documents.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 4
4 In addition to the application form and documentation referred to in paragraphs 1 and 2, the competent institution of the first Party will send to the liaison agency of the other Party a liaison form which will indicate, in particular, the periods creditable under the legislation of the first Party.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 5
5 On receipt of the liaison form, the liaison agency of the other Party will add the information concerning the periods creditable under the legislation which it administers and will, without delay, return the liaison form to the competent institution of the first Party.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 6
6 Each competent institution will subsequently determine the applicant’s eligibility and notify the other institution of the benefits, if any, granted to the applicant.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 1
1 The competent institution of one Party will, to the extent permitted by the legislation which it administers, provide, upon request, to the competent institution or liaison agency of the other Party such medical information and documentation as are available concerning the disability of a claimant or beneficiary.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 2
2 If the competent institution of one Party requires that a claimant or a beneficiary who resides in the territory of the other Party undergo an additional medical examination, the liaison agency of the latter Party, at the request of the competent institution of the first Party, will make arrangements for carrying out this examination according to the rules applied by the liaison agency making the said arrangements and at the expense of the institution which requests the medical examination.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 3
3 The amounts due as a result of applying the provisions of paragraph 2 will be reimbursed without delay on receipt of a detailed statement of the costs incurred.