GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — 2
2 For the purposes of applying the preceding paragraph, benefits provided for under the legislation of Canada that are subject to an income test shall not be taken into account. SI/94-3, (F)
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
IN WITNESS WHEREOF, the undersigned, duly authorized to that effect by their respective Governments, have signed this 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
DONE in duplicate at Ottawa, this 22nd day of May 1986, in the English and French languages, each version being equally authentic.
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989
Elizabeth the Second, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989
To all to whom these Presents shall come or whom the same may in anyway concern,
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — “
Whereas section 41 of the Old Age Security Act, being chapter O-9 of the Revised Statutes of Canada, 1985, provides as follows: “ 41. (1) The Governor in Council may, by order, declare any agreement entered into under section 40 to be in force and, when any such order comes into force, the agreement to which it relates has the force of law in Canada during such period as by the terms of the agreement it remains in force. (2) Notice of the day an agreement entered into under section 40 comes into force and of the day it ceases to be in force shall be given by proclamation of the Governor in Council published, with the text of the agreement, in the Canada Gazette .”;
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — (1)
(1) The Governor in Council may, by order, declare any agreement entered into under section 40 to be in force and, when any such order comes into force, the agreement to which it relates has the force of law in Canada during such period as by the terms of the agreement it remains in force.
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — (2)
(2) Notice of the day an agreement entered into under section 40 comes into force and of the day it ceases to be in force shall be given by proclamation of the Governor in Council published, with the text of the agreement, in the Canada Gazette .”;
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — *
And Whereas by Order in Council P.C. 1988-2067 of September 15, 1988 * , the Governor in Council declared the Reciprocal Agreement on Social Security between the Government of Canada and the Government of Australia, signed at Canberra on July 4, 1988, to be in force in Canada on a date specified in notes exchanged by the Parties to the said Agreement, in accordance with Article 22 of the said Agreement; * Not published in the Canada Gazette Part II
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — “
And Whereas subsections 42(1) and (2) of the said Act provide as follows: “ 42. (1) An order under section 41 shall be laid before Parliament not later than fifteen days after its issue or, if Parliament is not then sitting, within the first fifteen days next thereafter that either House of Parliament is sitting. (2) An order referred to in subsection (1) shall come into force on the thirtieth sitting day after it has been laid before Parliament pursuant to that subsection unless before the twentieth sitting day after the order has been laid before Parliament a motion for the consideration of either House, to the effect that the order be revoked, signed by not less than fifty members of the House of Commons in the case of a motion for the consideration of that House and by not less than twenty members of the Senate in the case of a motion for the consideration of the Senate, is filed with the Speaker of the appropriate House.”;
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — (1)
(1) An order under section 41 shall be laid before Parliament not later than fifteen days after its issue or, if Parliament is not then sitting, within the first fifteen days next thereafter that either House of Parliament is sitting.
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — (2)
(2) An order referred to in subsection (1) shall come into force on the thirtieth sitting day after it has been laid before Parliament pursuant to that subsection unless before the twentieth sitting day after the order has been laid before Parliament a motion for the consideration of either House, to the effect that the order be revoked, signed by not less than fifty members of the House of Commons in the case of a motion for the consideration of that House and by not less than twenty members of the Senate in the case of a motion for the consideration of the Senate, is filed with the Speaker of the appropriate House.”;
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989
And Whereas the said Order was laid before Parliament on April 6, 1989;
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989
And Whereas no motion for the consideration of either House was filed pursuant to subsection 42(2) of the said Act before the twentieth sitting day after the said Order was laid before Parliament;
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989
And Whereas, pursuant to subsection 42(2) of the said Act, the said Order came into force on May 18, 1989, being the thirtieth sitting day after the said Order was laid before Parliament;
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989
And Whereas the exchange of the instruments of ratification took place on August 21, 1989;
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989
And Whereas the said Agreement came into force on September 1, 1989;
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989
And Whereas by Order in Council P.C. 1989-2561 of December 21, 1989 * the Governor in Council directed that a proclamation do issue giving notice that the said Agreement came into force on September 1, 1989;
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989
Now Know You that We, by and with the advice of Our Privy Council for Canada, do by this Our Proclamation declare and direct that the Reciprocal Agreement on Social Security between the Government of Canada and the Government of Australia, signed at Canberra on July 4, 1988, a copy of which is annexed hereto, came into force on September 1, 1989.
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989
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 Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989
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 Jeanne Sauvé, 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 upon whom We have conferred Our Canadian Forces’ Decoration, Governor General and Commander-in-Chief of Canada.
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989
At Our Government House, in Our City of Ottawa, this twenty-first day of December in the year of Our Lord one thousand nine hundred and eighty-nine and in the thirty-eighth year of Our Reign. By Command, JOCELYNE BOURGON Deputy Registrar General of Canada
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989
The Government of Canada and the Government of Australia,
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989
Wishing to strengthen the existing friendly relations between the two countries, and
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989
Resolved to co-operate in the field of social security,
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — 1
1 In this Agreement: benefit means, in relation to a Party, a benefit for which provision is made in the legislation of that Party, and includes any additional amount, increase or supplement that is payable, in addition to that benefit, to or in respect of a person who qualifies for that additional amount, increase or supplement under the legislation of that Party; ( prestation ) Canadian creditable period means a period, or the total of two or more periods, of residence or contributions which has been or can be used to acquire the right to a Canadian benefit, but does not include any period considered under paragraph 2 of Article 10 as a Canadian creditable period; ( période admissible canadienne ) carer’s pension means a carer’s pension payable to a spouse under the legislation of Australia; ( pension pour personne qui prend soin d’une personne invalide ) competent authority means, in relation to Australia, the Secretary to the Department of Social Security and, in relation to Canada, the Minister of National Health and Welfare; ( autorité compétente ) 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 National Health and Welfare; ( Gouvernement du Canada ) legislation means, in relation to a Party, the laws specified in Article 2 in relation to that Party; ( législation ) period of residence in Australia , in relation to a person, means a period defined as such in the social security laws of Australia, but does not include any period deemed pursuant to Article 6 to be a period in which that person was an Australian resident; ( période de résidence en Australie ) social security laws means: (i) in relation to Australia, the Social Security Act 1947 as amended, not including amendments effected by laws made for the purpose of giving effect to an agreement on social security; and (ii) in relation to Canada, the laws specified in subparagraph 1(b) of Article 2; ( lois de sécurité sociale ) widow means, in relation to Australia: (i) a de jure widow; or (ii) a woman who, for not less than three years immediately prior to the death of a man, lived with him on a permanent basis as his de facto spouse and was wholly or mainly maintained by him, but does not include a woman who is the de facto spouse of a man. ( veuve )
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989
benefit means, in relation to a Party, a benefit for which provision is made in the legislation of that Party, and includes any additional amount, increase or supplement that is payable, in addition to that benefit, to or in respect of a person who qualifies for that additional amount, increase or supplement under the legislation of that Party; ( prestation )
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989
Canadian creditable period means a period, or the total of two or more periods, of residence or contributions which has been or can be used to acquire the right to a Canadian benefit, but does not include any period considered under paragraph 2 of Article 10 as a Canadian creditable period; ( période admissible canadienne )
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989
carer’s pension means a carer’s pension payable to a spouse under the legislation of Australia; ( pension pour personne qui prend soin d’une personne invalide )
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989
competent authority means, in relation to Australia, the Secretary to the Department of Social Security and, in relation to Canada, the Minister of National Health and Welfare; ( autorité compétente )
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989
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 National Health and Welfare; ( Gouvernement du Canada )
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989
legislation means, in relation to a Party, the laws specified in Article 2 in relation to that Party; ( législation )
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989
period of residence in Australia , in relation to a person, means a period defined as such in the social security laws of Australia, but does not include any period deemed pursuant to Article 6 to be a period in which that person was an Australian resident; ( période de résidence en Australie )
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — (i)
social security laws means: (i) in relation to Australia, the Social Security Act 1947 as amended, not including amendments effected by laws made for the purpose of giving effect to an agreement on social security; and (ii) in relation to Canada, the laws specified in subparagraph 1(b) of Article 2; ( lois de sécurité sociale )
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — (i)
widow means, in relation to Australia: (i) a de jure widow; or (ii) a woman who, for not less than three years immediately prior to the death of a man, lived with him on a permanent basis as his de facto spouse and was wholly or mainly maintained by him, but does not include a woman who is the de facto spouse of a man. ( veuve )
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — 2
2 In the application by a Party of this Agreement to a person, any term not defined in this Article shall, unless the context otherwise requires, have the meaning assigned to it in the social security laws of either Party or, in the event of a conflict of meaning, by whichever of those laws is the more applicable to the circumstances of that person.
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — 1
1 Subject to paragraphs 2 and 3, this Agreement shall apply to the following laws, as amended at the date of signature of this Agreement, and to any laws that subsequently amend, supplement or replace them: (a) in relation to Australia, the Social Security Act 1947 to the extent that the Act provides for and applies to: (i) age pensions; (ii) invalid pensions; (iii) wives’ pensions; (iv) carers’ pensions; and (v) pensions payable to widows; and (b) in relation to Canada: (i) the Old Age Security Act and the regulations made thereunder; and (ii) the Canada Pension Plan and the regulations made thereunder.
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — (a)
(a) in relation to Australia, the Social Security Act 1947 to the extent that the Act provides for and applies to: (i) age pensions; (ii) invalid pensions; (iii) wives’ pensions; (iv) carers’ pensions; and (v) pensions payable to widows; and
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — (b)
(b) in relation to Canada: (i) the Old Age Security Act and the regulations made thereunder; and (ii) the Canada Pension Plan and the regulations made thereunder.
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — (i)
(i) the Old Age Security Act and the regulations made thereunder; and
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — (ii)
(ii) the Canada Pension Plan and the regulations made thereunder.
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — 2
2 In relation to Australia, the legislation to which this Agreement applies shall not include any laws made, whether before or after the date of signature of this Agreement, for the purpose of giving effect to any agreement on social security.
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — 3
3 This Agreement shall apply to laws of a Party which extend the existing legislation of that party to new categories of beneficiaries unless the competent authority of that party communicates in writing an objection in regard to those laws to the competent authority of the other Party prior to the commencement of those laws.
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — (a)
This Agreement shall apply to any person who: (a) is or has been an Australian resident; or (b) is residing or has resided in Canada within the meaning of the Old Age Security Act or is making or has made contributions under the Canada Pension Plan and, where applicable, to any spouse, dependant or survivor of such a person.
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — (a)
(a) is or has been an Australian resident; or
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — (b)
(b) is residing or has resided in Canada within the meaning of the Old Age Security Act or is making or has made contributions under the Canada Pension Plan
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989
and, where applicable, to any spouse, dependant or survivor of such a person.
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989
Subject to this Agreement, all persons to whom this Agreement applies shall be treated equally by a Party in regard to rights and obligations which arise whether directly under the legislation of that Party or by virtue of this Agreement.
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — 1
1 Where a person would be qualified under the legislation of Australia or by virtue of this Agreement for a benefit except that he or she is not an Australian resident and in Australia on the date on which he or she lodges a claim for that benefit but he or she: (a) is an Australian resident or residing in Canada or a third State with which Australia has concluded an agreement on social security that includes provision for co-operation in the assessment and determination of claims for benefits; and (b) is in Australia, Canada or that third State, that person shall be deemed, for the purposes of lodging that claim, to be an Australian resident and in Australia on that date.
Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Australia in Force September 1, 1989 — (a)
(a) is an Australian resident or residing in Canada or a third State with which Australia has concluded an agreement on social security that includes provision for co-operation in the assessment and determination of claims for benefits; and