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 — Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995
Now Know You that We, by and with the advice of Our Privy Council for Canada, do by this Our Proclamation give notice that the Convention on Social Security between Canada and the Swiss Confederation, signed at Ottawa on February 24, 1994, a copy of which is annexed hereto, is in force as of October 1, 1995.
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
Of All Which Our Loving Subjects and all others whom these Presents may concern are hereby required to take notice and to govern themselves accordingly.
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 Testimony Whereof, We have caused these Our Letters to be made Patent and the Great Seal of Canada to be hereunto affixed. Witness: Our Right Trusty and Well-beloved Roméo A. LeBlanc, a Member of Our Privy Council for Canada, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Governor General and Commander-in-Chief of Canada.
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
At Our Government House, in Our City of Ottawa, this sixteenth day of October in the year of Our Lord one thousand nine hundred and ninety-five and in the forty-fourth year of Our Reign.
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
Being desirous of regulating the relationship between their two States in the field of Social Security, have decided to conclude a Convention for that purpose, and have agreed to the following provisions:
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — 1
1 For the purposes of applying this Convention: a) “Government of Canada” means the Government in its capacity as representative of Her Majesty the Queen in right of Canada and represented by the Minister of Employment and Immigration; b) “national” means, as regards Switzerland, a person of Swiss nationality, and as regards Canada, a Canadian citizen; c) “legislation” means the laws and regulations specified in Article 2; d) “competent authority” means, as regards Switzerland, the Federal Social Insurance Office, and, as regards Canada, the Minister or Ministers responsible for the application of the legislation of Canada; e) “institution” means the agency or authority responsible for the application of the legislations specified in Article 2; f) “reside” means, as regards Switzerland, to usually sojourn; g) “domicile” means, within the meaning of the Swiss Civil Code, the place where a person lives and intends to establish his or her residence; h) “period of insurance” means, as regards Switzerland, a period during which contributions were made to the Swiss Old Age, Survivors and Disability Insurance or a period which is equivalent to a similar period in the same insurance.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — a)
a) “Government of Canada” means the Government in its capacity as representative of Her Majesty the Queen in right of Canada and represented by the Minister of Employment and Immigration;
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
means the Government in its capacity as representative of Her Majesty the Queen in right of Canada and represented by the Minister of Employment and Immigration;
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — b)
b) “national” means, as regards Switzerland, a person of Swiss nationality, and as regards Canada, a Canadian citizen;
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
means, as regards Switzerland, a person of Swiss nationality, and as regards Canada, a Canadian citizen;
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — c)
c) “legislation” means the laws and regulations specified in Article 2;
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
means the laws and regulations specified in Article 2;
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — d)
d) “competent authority” means, as regards Switzerland, the Federal Social Insurance Office, and, as regards Canada, the Minister or Ministers responsible for the application of the legislation of Canada;
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
means, as regards Switzerland, the Federal Social Insurance Office, and, as regards Canada, the Minister or Ministers responsible for the application of the legislation of Canada;
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — e)
e) “institution” means the agency or authority responsible for the application of the legislations specified in Article 2;
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
means the agency or authority responsible for the application of the legislations specified in Article 2;
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — f)
f) “reside” means, as regards Switzerland, to usually sojourn;
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
means, as regards Switzerland, to usually sojourn;
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — g)
g) “domicile” means, within the meaning of the Swiss Civil Code, the place where a person lives and intends to establish his or her residence;
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
means, within the meaning of the Swiss Civil Code, the place where a person lives and intends to establish his or her residence;
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — h)
h) “period of insurance” means, as regards Switzerland, a period during which contributions were made to the Swiss Old Age, Survivors and Disability Insurance or a period which is equivalent to a similar period in the same insurance.
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
means, as regards Switzerland, a period during which contributions were made to the Swiss Old Age, Survivors and Disability Insurance or a period which is equivalent to a similar period in the same insurance.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — 2
2 Any term not defined in this Article has the meaning assigned to it in the applicable legislation.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — 1
1 This Convention shall apply: a) with respect to Switzerland: i) to the Federal Law on Old Age and Survivors Insurance of December 20, 1946; ii) to the Federal Law on Disability Insurance of June 19, 1959; b) with respect to Canada: i) to the Old Age Security Act ; ii) to the Canada Pension Plan .
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — a)
a) with respect to Switzerland: i) to the Federal Law on Old Age and Survivors Insurance of December 20, 1946; ii) to the Federal Law on Disability Insurance of June 19, 1959;
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — i)
i) to the Federal Law on Old Age and Survivors Insurance of December 20, 1946;
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — ii)
ii) to the Federal Law on Disability Insurance of June 19, 1959;
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — b)
b) with respect to Canada: i) to the Old Age Security Act ; ii) to the Canada Pension Plan .
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — 2
2 This Convention shall also apply to any laws or regulations which consolidate, amend or supplement the legislations specified in paragraph 1.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — 3
3 This Convention shall apply to laws or regulations which extend the existing schemes to new categories of beneficiaries only if no objection on the part of the State which amended its legislation has been communicated to the other State within six months of official publication or proclamation of such laws.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — a)
Unless otherwise provided, this Convention shall apply to: a) nationals of either State, as well as to their family members and survivors to the extent that their rights are derived from these nationals; b) refugees, within the meaning of the Convention on the Status of Refugees of July 28, 1951 and of the Protocol on the Status of Refugees of January 31, 1967, as well as to their family members and survivors to the extent that their rights are derived from these refugees, provided that, as regards the application of Swiss legislation, these persons reside in the territory of one of the States; c) with respect to Switzerland, stateless persons, within the meaning of the Convention on Status of Stateless Persons of September 28, 1954, as well as to their family members and survivors to the extent that their rights are derived from these stateless persons, provided that these persons reside in the territory of one of the States; d) nationals of third States;
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — a)
a) nationals of either State, as well as to their family members and survivors to the extent that their rights are derived from these nationals;
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — b)
b) refugees, within the meaning of the Convention on the Status of Refugees of July 28, 1951 and of the Protocol on the Status of Refugees of January 31, 1967, as well as to their family members and survivors to the extent that their rights are derived from these refugees, provided that, as regards the application of Swiss legislation, these persons reside in the territory of one of the States;
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — c)
c) with respect to Switzerland, stateless persons, within the meaning of the Convention on Status of Stateless Persons of September 28, 1954, as well as to their family members and survivors to the extent that their rights are derived from these stateless persons, provided that these persons reside in the territory of one of the 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
who are or who have been subject to the legislation of one of the States or who have acquired rights under that legislation.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — 1
1 Unless otherwise provided in this Convention, Canadian nationals, their family members and survivors to the extent that their rights are derived from those nationals as well as persons described in Article 3, subparagraphs b) and c), shall be subject to the obligations and shall be eligible for the benefits of the legislation of Switzerland under the same conditions as Swiss nationals.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — 2
2 Unless otherwise provided in this Convention, Swiss nationals as well as persons described in Article 3, subparagraphs b) and d), shall be subject to the obligations and shall be eligible for the benefits under the legislation of Canada under the same conditions as Canadian nationals.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — 1
1 Unless otherwise provided in this Convention, Swiss cash benefits acquired under the legislation of Switzerland or by virtue of this Convention shall not be subject to any reduction, modification, suspension, cancellation or confiscation by reason only of the fact that the beneficiary resides a) in the territory of Canada, in the case of persons described in Article 3, subparagraphs a) to c); b) in the territory of a third State, in the case of persons described in Article 3, subparagraph a).
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — a)
a) in the territory of Canada, in the case of persons described in Article 3, subparagraphs a) to c);
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — b)
b) in the territory of a third State, in the case of persons described in Article 3, subparagraph a).
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — 2
2 Unless otherwise provided in this Convention, Canadian benefits acquired under the legislation of Canada or by virtue of this Convention shall not be subject to any reduction, modification, suspension, cancellation or confiscation by reason only of the fact that the beneficiary resides in the territory of Switzerland or in the territory of a third State.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — 1
1 Unless otherwise provided in this Convention, a person who is employed in the territory of one or both States shall, in respect of that work, be subject only to the legislation on compulsory coverage of the State where the person is employed.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — 2
2 A person who is self-employed in the territory of one or both States and who resides in the territory of one of the States shall be subject only to the legislation on compulsory coverage of the State in whose territory he or she resides.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — 1
1 A person who is employed by an employer having a place of business in the territory of a State and who is detached by that employer to work in the territory of the other State for a period not expected to exceed 60 months shall be subject to the legislation on compulsory coverage of the first State as though those services were performed in its territory.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — 2
2 If the employer who requested the detachment status for that person wishes to obtain an extension of such status, such extension shall be granted on an exception basis if the competent authority of the State from whose territory that person is detached considers the request of extension to be justified and if, on that basis, it has presented the extension request to the competent authority of the other State and has received the consent of that State. The extension request must be presented to the competent authority of the State in whose territory that person is detached before the end of the existing detachment.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — 1
1 Notwithstanding the provisions of paragraph 2, the Vienna Convention on Diplomatic Relations of April 18, 1961 and of the Vienna Convention on Consular Relations of April 24, 1963 relating to social security shall be applicable even if these Conventions contradict this Convention.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — 2
2 Members of the administrative and technical staff of a diplomatic mission or consular post shall be insured in accordance with the legislation of the receiving State provided they are nationals of that State or have their permanent residence in that State. A person who permanently resides in the receiving State may elect to be insured under the legislation of the sending State provided he or she is a national of that 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 competent authority of one of the States may, by agreement with the competent authority of the other State, make exceptions to the provisions of this Part.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — a)
For the purpose of determining eligibility for benefits and of calculating benefits under the Old Age Security Act of Canada, 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 of residence in the territory of Switzerland, that period of residence shall be considered as a period of residence in Canada for that person as well as for that person’s spouse and dependants who reside with him or her and who are not subject to the legislation of Switzerland; b) if a person is subject to the legislation of Switzerland by reason of employment during any period of residence in the territory of Canada, that period of residence shall not be considered as a period of residence in Canada for that person and for that person’s spouse and dependants who reside with him or her and who are not subject to the Canada Pension Plan or to the comprehensive pension plan of a province of Canada.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — 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 of residence in the territory of Switzerland, that period of residence shall be considered as a period of residence in Canada for that person as well as for that person’s spouse and dependants who reside with him or her and who are not subject to the legislation of Switzerland;
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — b)
b) if a person is subject to the legislation of Switzerland by reason of employment during any period of residence in the territory of Canada, that period of residence shall not be considered as a period of residence in Canada for that person and for that person’s spouse and dependants who reside with him or her and who are not subject to the Canada Pension Plan or to the comprehensive pension plan of a province of Canada.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — 1
1 If a person is not entitled to a benefit solely on the basis of the periods creditable under the legislation of Canada, eligibility for that benefit shall be determined by totalizing these periods and those specified in paragraph 2, provided that these periods do not overlap.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — a)
a) For purposes of determining eligibility for a benefit under the Old Age Security Act , a period of insurance under the legislation of Switzerland or a period of residence in the territory of Switzerland, after the age at which periods of residence in Canada are creditable for purposes of that Act , shall be considered as a period of residence in the territory of Canada.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — b)
b) For purposes of determining eligibility for a benefit under the Canada Pension Plan , a calendar year including at least three months of insurance under the legislation of Switzerland shall be considered as a year for which contributions have been made under the Canada Pension Plan .
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — 3
3 Notwithstanding the provisions of paragraphs 1 and 2, if a person is not entitled to a benefit under the legislation of Canada, eligibility for that benefit shall be determined by taking into account creditable periods under the legislation of a third State with which both States are bound by an international social security instrument which provides for totalizing of periods.
Proclamation Declaring the Agreement on Social Security Between Canada and the Swiss Confederation in Force October 1, 1995 — 4
4 If the total duration of the creditable periods completed under the legislation of Canada is less than one year, the competent institution of Canada shall not be required by virtue of this Convention to award benefits in respect of those periods.