GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — 3
3 Notwithstanding any other provision of this Convention, (a) the competent institution of Canada shall not be liable  to  pay  an  Old  Age  Security  pension  outside Canada unless the periods of residence, when totalized in conformity with the provisions of Chapter 1 of this Part, 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) the spouse’s allowance and the guaranteed income supplement shall be paid outside Canada only to the extent permitted by the Old Age Security Act. SI/94-3, (D)
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — (a)
(a) the competent institution of Canada shall not be liable  to  pay  an  Old  Age  Security  pension  outside Canada unless the periods of residence, when totalized in conformity with the provisions of Chapter 1 of this Part, 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 Luxembourg in Force April 1, 1990 — (b)
(b) the spouse’s allowance and the guaranteed income supplement shall be paid outside Canada only to the extent permitted by the Old Age Security Act. SI/94-3, (D)
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — (a)
If a person is entitled to the payment of a benefit under the Canada Pension Plan, solely through the application of the totalizing provisions of Chapter 1 of this Part, the competent institution of Canada shall determine the amount of the benefit in the following manner: (a) the earnings-related portion of the benefit shall be calculated in conformity with the provisions of the Canada Pension Plan, exclusively on the basis of the pensionable earnings credited under that Plan; and (b) the amount of 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 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. SI/94-3, (D)
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — (a)
(a) the earnings-related portion of the benefit shall be calculated in conformity with the provisions of the Canada Pension Plan, exclusively on the basis of the pensionable earnings credited under that Plan; and
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — (b)
(b) the amount of 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 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 Luxembourg in Force April 1, 1990 — (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 Luxembourg in Force April 1, 1990 — (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 Luxembourg in Force April 1, 1990 — 1
1 If a person is entitled to a pension under the legislation of Luxembourg without recourse to Article VIII, the institution of Luxembourg shall calculate, in accordance with the provisions of that legislation, the pension corresponding to the total length of the periods of insurance to be taken into account under that legislation. The institution shall also calculate  the pension which would be  payable by applying the provisions of  paragraph 2 below. Only the highest amount shall be taken into consideration. SI/94-3, (D)
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990
The institution shall also calculate  the pension which would be  payable by applying the provisions of  paragraph 2 below.
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990
Only the highest amount shall be taken into consideration.
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — 2
2 If a person is entitled to a pension under the legislation of Luxembourg, but solely through totalizing the periods as provided in Article VIII, the following rules shall apply: (a) the institution of Luxembourg shall calculate the theoretical amount of the pension to which the applicant would be entitled if all the periods completed in accordance with the legislation of both Parties, when totalized in conformity with paragraph 3 of Article VIII, had been completed exclusively under its own legislation; (b) on the basis of this theoretical amount, the institution of Luxembourg shall then determine the actual amount of the pension prorated according to the length of the periods of insurance completed under the legislation being applied in relation to the length of the periods completed under the legislation of both Parties, when totalized in conformity with paragraph 3 of Article VIII; (c) to determine the theoretical amount referred to in paragraph (a) above, the institution of Luxembourg shall credit for the periods completed under the legislation of the other Party: (i) with respect to calculating proportional increases and special proportional increases, the average of the contributory salaries, wages and earnings recorded for the periods of insurance completed under the legislation being applied and, (ii) with respect to calculating fixed increases and special fixed increases, a fixed amount equal to that which would be payable if these periods had been completed under the legislation being applied by the institution. SI/94-3, (D)
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — (a)
(a) the institution of Luxembourg shall calculate the theoretical amount of the pension to which the applicant would be entitled if all the periods completed in accordance with the legislation of both Parties, when totalized in conformity with paragraph 3 of Article VIII, had been completed exclusively under its own legislation;
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — (b)
(b) on the basis of this theoretical amount, the institution of Luxembourg shall then determine the actual amount of the pension prorated according to the length of the periods of insurance completed under the legislation being applied in relation to the length of the periods completed under the legislation of both Parties, when totalized in conformity with paragraph 3 of Article VIII;
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — (c)
(c) to determine the theoretical amount referred to in paragraph (a) above, the institution of Luxembourg shall credit for the periods completed under the legislation of the other Party: (i) with respect to calculating proportional increases and special proportional increases, the average of the contributory salaries, wages and earnings recorded for the periods of insurance completed under the legislation being applied and, (ii) with respect to calculating fixed increases and special fixed increases, a fixed amount equal to that which would be payable if these periods had been completed under the legislation being applied by the institution.
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — (i)
(i) with respect to calculating proportional increases and special proportional increases, the average of the contributory salaries, wages and earnings recorded for the periods of insurance completed under the legislation being applied and,
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — (ii)
(ii) with respect to calculating fixed increases and special fixed increases, a fixed amount equal to that which would be payable if these periods had been completed under the legislation being applied by the institution.
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — 3
3 If a person is entitled to a pension under the legislation of Luxembourg solely through the provisions of Article IX, the periods of insurance completed under the legislation of a third State shall be taken into account when applying paragraph 2 above. SI/94-3, (D)
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — 1
1 The competent authorities shall communicate to each other, as soon as possible, all information about the measures taken by them for the application of this Convention and about changes in their respective legislation insofar as these changes affect the application of this Convention.
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — 2
2 The institutions responsible for the application of this Convention: (a) shall, to the extent permitted by the legislation which they administer, communicate to each other any information necessary for the application of this Convention; (b) shall lend their good offices and furnish assistance to one another with regard to the determination of entitlement to any benefit under this Convention or the legislation to which this Convention applies as if the matter involved the application of their own legislation.
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 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 Convention;
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — (b)
(b) shall lend their good offices and furnish assistance to one another with regard to the determination of entitlement to any benefit under this Convention or the legislation to which this Convention applies as if the matter involved the application of their own legislation.
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — 3
3 The assistance referred to in paragraph 2.(b) of this Article shall be provided free of charge, subject to any agreement reached between the competent authorities of the two Parties for the reimbursement of certain types of expenses.
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — 4
4 Unless disclosure is required under the laws of a Party, any information about an individual which is transmitted in accordance with this Convention to one Party by the other Party is confidential and shall be used only for purposes of implementing this Convention and the legislation to which this Convention applies and for no other purpose.
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — 1
1 An administrative arrangement, agreed to by the competent authorities of the two Parties, shall set out, as required, the conditions under which this Convention shall be implemented.
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 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 Luxembourg in Force April 1, 1990 — 1
1 Any exemption from or reduction of taxes, legal dues, registration charges or administrative fees 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 Luxembourg in Force April 1, 1990 — 2
2 Any acts or documents of an official nature required to be produced for the application of this Convention shall be exempt from any authentication by diplomatic or consular authorities and similar formality.
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990
For the application of this Convention, the competent authorities and institutions of the two 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 Luxembourg in Force April 1, 1990 — 1
1 Any claim, notice or appeal concerning the determination of 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 or institution or to a tribunal of that Party, but which is presented within the same period to a competent authority or institution or to a tribunal of the other Party, shall be deemed to have been presented to the authority, institution or tribunal of the first Party.
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — 2
2 A claim for a benefit 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 as an application under the legislation of the other Party, or (b) provides information at the time of application indicating that periods of insurance have been completed under the legislation of the other Party. Notwithstanding the preceding provisions, the applicant may request that the claim for the benefit under the legislation of the other Party be deferred.
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — (a)
(a) requests that it be considered as an application under the legislation of the other Party, or
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — (b)
(b) provides information at the time of application indicating that periods of insurance have been completed under the legislation of the other Party.
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990
Notwithstanding the preceding provisions, the applicant may request that the claim for the benefit under the legislation of the other Party be deferred.
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — 3
3 In any case to which the provisions of the preceding paragraphs of this Article apply, the authority, institution or tribunal which receives the claim, notice or appeal 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 Luxembourg in Force April 1, 1990 — 1
1 The benefit paying institutions or authorities shall discharge their obligations under this Convention in their national currency.
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — 2
2 Benefits shall be paid to beneficiaries free from any deduction for administrative expenses.
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990
The competent authorities of the two Parties shall resolve, to the extent possible, any difficulties which arise in interpreting or applying this Convention according to its spirit and fundamental principles.
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990
The Government of the Grand Duchy of Luxembourg 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 Convention.
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — 1
1 Any period of insurance completed before the date of entry into force of this Convention shall be taken into account for the purpose of determining entitlement to a benefit under this Convention.
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — 2
2 No provision of this Convention shall confer any right to receive payment of a benefit for a period before the date of entry into force of the Convention.
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — 3
3 Subject to the other provisions of this Article, a benefit, other than a lump sum payment, shall be paid under this Convention in respect of events which happened before the date of entry into force of the Convention.
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — 4
4 The periods of insurance completed under the legislation of Luxembourg before January 1, 1988 by persons who did not during  those same periods reside in Luxembourg, shall be considered as periods of residence for entitlement to transitional fixed increases. SI/94-3, (E)
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — 1
1 Subject to the provisions of Articles X and XXI of this Convention, any benefit that was not paid or that was suspended by reason of the nationality of a person or by reason of a person’s residence in the territory of a Party other than that in which the institution responsible for payment is located shall, on application by that person, be paid or reinstated with effect from the entry into force of this Convention.  For purposes of paragraph 2 of Article V, this provision shall apply by analogy.
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — 2
2 In an instance where a person became entitled to payment of a pension or annuity prior to the entry into force of this Convention, the amount of his or her entitlement shall be recalculated, on application by that person, in accordance with the provisions of this Convention.  In no case shall such a recalculation result in a reduction of the prior entitlement.
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — 3
3 If the application referred to in paragraph 1 or paragraph 2 of this Article is made within two years of the date of the entry into force of this Convention, any entitlement arising from this Convention shall be effective from that date, and the provisions of the legislation of either Party concerning the forfeiture or the prescription of rights shall not be applicable to the person concerned.
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — 4
4 If the application referred to in paragraph 1 or paragraph 2 of this Article is made after the expiration of the two-year period following the entry into force of this Convention, the rights which are not subject to forfeiture or which are not prescribed shall be acquired from the date of application, unless more favourable provisions are applicable under the legislation of the Party in question.
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — 1
1 This Convention shall be ratified and the instruments of ratification shall be exchanged as soon as possible.  It shall enter into force on the first day of the third month following the month in which the instruments of ratification are exchanged.
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — 2
2 This Convention 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 Luxembourg in Force April 1, 1990 — 3
3 In the event of the termination of this Convention, 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 those provisions.
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990
At the time of signing the Convention on Social Security between Canada and Luxembourg, the plenipotentiaries of both Parties agreed upon the following points which form an integral part of the Convention:
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990
Unless specifically provided in an understanding between the Government of the Grand Duchy of Luxembourg and a province of Canada entered into pursuant to Article XX of the Convention, an employed person described in paragraph 3 of Article VI of the Convention who is detached from Luxembourg to Canada shall also remain subject to the legislation of Luxembourg with respect to sickness and maternity insurance, industrial injuries and occupational diseases insurance, family allowances and unemployment benefits.
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — 1
1 The provisions of the legislation of Luxembourg which provide for the reduction, suspension or cancellation of a pension when it coincides with other social security benefits or with professional income or the exercise of a professional activity shall be applied to a beneficiary even if the benefit is acquired under the legislation of Canada or the professional income is earned or the professional activity is performed in the territory of Canada. SI/94-3, (F)