GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — 1
1 If a person is entitled to a pension or a spouse’s allowance under the Old Age Security Act solely through the application of the totalizing provisions specified in Article 11, the competent institution of Canada shall calculate the amount of the pension or the spouse’s allowance payable to that person in conformity with the provisions of the Old Age Security Act governing the payment of a partial pension or a spouse’s allowance, exclusively on the basis of the periods of residence in Canada which may be considered under that Act .
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — 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 a pension outside Canada.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — 3
3 Notwithstanding any other provision of this Convention, a) an Old Age Security pension shall be paid to a person who is outside Canada only if that person’s periods of residence, when totalized as provided in Article 11, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for entitlement to the payment of a pension outside Canada; and b) a spouse’s allowance and a guaranteed income supplement shall be paid to a person who is outside Canada only to the extent permitted by the Old Age Security Act .
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — a)
a) an Old Age Security pension shall be paid to a person who is outside Canada only if that person’s periods of residence, when totalized as provided in Article 11, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for entitlement to the payment of a pension outside Canada; and
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — b)
b) a spouse’s allowance and a guaranteed income supplement shall be paid to a person who is outside Canada only to the extent permitted by the Old Age Security Act .
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — a)
If a person is entitled to a benefit under the Canada Pension Plan solely through the application of the totalizing provisions specified in Article 11, the competent institution of Canada shall calculate the amount of benefit in the following manner: a) the earnings-related portion of the benefit shall be determined in conformity with the provisions of the Canada Pension Plan , exclusively on the basis of the pensionable earnings under that Plan ; and b) the flat-rate portion of the benefit shall be determined by multiplying: i) the amount of the flat-rate portion of the benefit determined under 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. In no case shall that fraction exceed the value of one.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — a)
a) the earnings-related portion of the benefit shall be determined in conformity with the provisions of the Canada Pension Plan , exclusively on the basis of the pensionable earnings under that Plan ; and
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — b)
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 under the provisions of the Canada Pension Plan
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — i)
i) the amount of the flat-rate portion of the benefit determined under the provisions of the Canada Pension Plan
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — ii)
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. In no case shall that fraction exceed the value of one.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — 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. In no case shall that fraction exceed the value of one.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — 1
1 Canadian nationals may claim rehabilitation measures of the Swiss Disability Insurance as long as they maintain their residence in Switzerland and provided that, immediately prior to disablement, they have paid contributions to Swiss Old Age, Survivors and Disability Insurance.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — 2
2 Canadian nationals who are not pursuing gainful employment may claim rehabilitation measures as long as they maintain their domicile in Switzerland and provided that, immediately prior to disablement, they have resided in Switzerland without interruption for at least one year. Minor children domiciled in Switzerland may, moreover, claim such measures if they have been born disabled in Switzerland or have resided in Switzerland without interruption since birth. A sojourn of a maximum of three months by a child in Canada immediately after birth shall be considered equivalent to a period of residence in Switzerland.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — 3
3 A child domiciled in Switzerland and born disabled in Canada, whose mother has not sojourned in Canada in excess of two months in total prior to the birth of that child, shall be considered as if he or she was a child born disabled in Switzerland. The Disability Insurance shall assume responsibility for the payment of benefits for a child with congenital defects for a period of three months following the birth of that child to the extent that such benefits would have been payable in Switzerland.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — 4
4 Paragraphs 2 and 3 shall apply by analogy to children born disabled outside Switzerland or Canada; in such a case, the Disability Insurance shall assume responsibility for benefits only if such benefits would be awarded abroad on an emergency basis due to the state of health of the child.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995
Where the right to an ordinary pension under the legislation of Switzerland is subject to a current affiliation under that legislation, a Canadian national shall be considered insured under that legislation provided that, on the date the insured event occurs according to the legislation of Switzerland, he or she is insured under the Canada Pension Plan or resides in Canada within the meaning of the Old Age Security Act .
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — 1)
Canadian nationals shall be entitled to extraordinary pensions under the legislation of Switzerland 1) only for as long as they maintain their domicile in Switzerland, and 2) if, immediately prior to the month in which they apply for a pension, they have resided in Switzerland without interruption for a) at least ten full years if applying for an old age pension; b) at least five full years if applying for a disability or survivors pension or for an old age pension which would replace a disability or survivors pension.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — 1)
1) only for as long as they maintain their domicile in Switzerland, and
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — 2)
2) if, immediately prior to the month in which they apply for a pension, they have resided in Switzerland without interruption for a) at least ten full years if applying for an old age pension; b) at least five full years if applying for a disability or survivors pension or for an old age pension which would replace a disability or survivors pension.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — a)
a) at least ten full years if applying for an old age pension;
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — b)
b) at least five full years if applying for a disability or survivors pension or for an old age pension which would replace a disability or survivors pension.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995
Ordinary pensions for insured persons with a disability inferior to 50 percent, extraordinary pensions, helplessness allowances and auxiliary measures under the legislation of Switzerland shall be granted only as long as the beneficiary maintains his or her domicile in Switzerland.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — a)
The competent authorities or, with their consent if required, the institution of the two States shall: a) make all necessary administrative arrangements for the application of this Convention and designate their liaison agencies; b) define the procedures for reciprocal administrative assistance, such as the allocation of expenses associated with obtaining medical, administrative and other evidence required for the application of this Convention; c) communicate to each other all information concerning the measures taken by them for the application of this Convention; d) communicate to each other, as soon as possible, all changes in their respective laws.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — a)
a) make all necessary administrative arrangements for the application of this Convention and designate their liaison agencies;
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — b)
b) define the procedures for reciprocal administrative assistance, such as the allocation of expenses associated with obtaining medical, administrative and other evidence required for the application of this Convention;
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — c)
c) communicate to each other all information concerning the measures taken by them for the application of this Convention;
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — d)
d) communicate to each other, as soon as possible, all changes in their respective laws.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — 1
1 For the application of this Convention, the competent authorities and the institutions of both States shall assist each other, within the scope of their respective authority, and shall communicate to each other, to the extend permitted by their legislation, all information necessary for the application of this Convention. This assistance shall be free of charge subject to exceptions provided in an administrative arrangement.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — 2
2 Unless disclosure is required under the laws of a State, any information about a person which is transmitted in accordance with this Convention to that State by the other State 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 the Swiss Confederation in Force October 1, 1995 — Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995
Where the legislation of a State provide that any document which is submitted to the competent authority or an agency of that State shall be exempted, wholly or partly, from fees or charges, including consular and administrative fees, that exemption shall also apply to documents which are submitted to the competent authority or an agency of the other State for the application of its legislation.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — 1
1 For the application of this Convention, the competent authorities and institutions of the two States may correspond directly with each other in one of their official languages and with any person regardless of their place of residence.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — 2
2 An application or document may not be rejected because it is written in an official language of the other State.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — 3
3 The decisions of an agency or a tribunal which, under the legislation of a State, require personal delivery to an applicant may be transmitted directly by registered letter to an applicant who resides in the territory of the other State.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — a)
A claim for a benefit under the legislation of one State presented after the entry into force of this Convention, shall be deemed to be a claim for the corresponding benefit under the legislation of the other State, provided that the applicant: a) requests that it be considered an application under the legislation of the other State, or b) provides information at the time of application indicating that creditable periods or periods of insurance have been completed under the legislation of the other State.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — a)
a) requests that it be considered an application under the legislation of the other State,
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — b)
b) provides information at the time of application indicating that creditable periods or periods of insurance have been completed under the legislation of the other State.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995
The date of receipt of such an application shall be presumed to be the date on which this application has been received under the legislation of the first State. However, the applicant may request that the payment of benefits under the legislation of the other State be deferred.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995
Any claim, notice or appeal which under the legislation of a State should have been presented within a prescribed period to an authority, tribunal or institution of that State, but which is presented within the same period to an authority, tribunal or institution of the other State, shall be treated as if it had been presented to the authority, tribunal or institution of the first State.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995
The institutions responsible for the payment of benefits in accordance with the provisions of this Convention shall discharge their obligations in the currency of their country.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — 1
1 The competent authorities of the two States 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 the Swiss Confederation in Force October 1, 1995 — 2
2 Any disagreement between the two States concerning the interpretation or application of this Convention which has not been settled in accordance to paragraph 1 shall be submitted, at the request of one of the States, to an arbitral tribunal of three members. Each State shall appoint one member. These two members shall select the president. Should the two members disagree on the nomination of the president, the president shall be appointed by the President of the International Court of Justice. The arbitral tribunal shall establish its own procedures. Its decision shall be binding on the two States.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995
The Swiss Federal Council and a province of Canada may conclude understandings concerning any social security matter within provincial jurisdiction in Canada in so far as those understandings are not inconsistent with the provisions of this Convention.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — 1
1 This Convention shall also apply to events which occurred prior to its entry into force.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — 2
2 This Convention shall not confer any right to payment of a benefit for any period before its entry into force or to payment of a lump-sum death benefit if the person died before its entry into force.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — 3
3 Any period of insurance and any period of residence completed under the legislation of either State before the entry into force of this Convention shall be taken into consideration in the determination of the right to a benefit under the provisions of this Convention.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — 4
4 This Convention shall not apply to rights settled by a lump-sum payment or a refund of contributions.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — 5
5 Decisions made before the entry into force of this Convention shall not affect any rights arising from the application of this Convention.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — 6
6 The entry into force of this Convention shall not result in the reduction of the amount of the benefits in kind being received by beneficiaries.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995
The attached Final Protocol shall form an integral part of this Convention.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995
The Government of each State shall notify in writing the other State that it has completed its required statutory and constitutional procedures required for the entry into force of this Convention; this Convention shall take effect the first day of the fourth month following the date of receipt of the last of these notifications.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — 1
1 This Convention shall remain in force and effect until the expiration of one calendar year following the year in which written notice of its denunciation is given by one of the States.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — 2
2 If this Convention is terminated by denunciation, rights regarding entitlement to or payment of benefits acquired under it shall be retained; the two States shall make arrangements dealing with rights in the process of being acquired.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995
IN WITNESS WHEREOF, the plenipotentiaries of the States being duly authorized thereto, have signed this Convention.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995
Done in duplicate at Ottawa, this 24th day of February, 1994, in the English and French languages, each text being equally authentic.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — 1
1 Paragraph 1 of Article 4 shall not apply to the Swiss legal provisions on a) voluntary Old Age, Survivors and Disability Insurance of Swiss nationals residing abroad; b) Old Age, Survivors and Disability Insurance of Swiss nationals working abroad for an employer in Switzerland and being paid by that employer; c) welfare allowances granted to Swiss nationals residing abroad.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — a)
a) voluntary Old Age, Survivors and Disability Insurance of Swiss nationals residing abroad;
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — b)
b) Old Age, Survivors and Disability Insurance of Swiss nationals working abroad for an employer in Switzerland and being paid by that employer;