GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — (a)
(a) the date of the first pension pay-day occurring after the date on which the claim for the benefit was lodged; and
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — (b)
(b) each anniversary of that pension pay-day for so long as the person concerned is entitled to the benefit, using, in that comparison, the number of months in the period of Australian working life residence accumulated by the person at the date as at which the comparison is made.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — 6
6 For the purposes of paragraph 3, where one or the other, or both, of a person and his or her partner are entitled to receive a Canadian benefit, the total of the Canadian benefits payable to that person and his or her partner shall be apportioned equally between them and disregarded in the calculation of their respective incomes, and the amount so apportioned shall be deducted from the amount of Australian benefit that would otherwise be payable to each of them.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — 1
1 Where: (a) the competent authority of Canada pays a benefit to a person in respect of a past period; (b) for all or part of that period, the competent institution of Australia has paid to that person a benefit under the legislation of Australia; and (c) the amount of the Australian benefit would have been varied had the Canadian benefit been paid during that period, then (d) the amount that would not have been paid by the competent institution of Australia had the Canadian benefit been paid on a periodical basis from the date to which the arrears of benefit referred to in subparagraph (a) were paid shall be a debt due by that person to Australia; and (e) the competent institution of Australia may determine that the amount, or any part, of that debt may be deducted from future payments of a benefit to that person.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — (a)
(a) the competent authority of Canada pays a benefit to a person in respect of a past period;
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — (b)
(b) for all or part of that period, the competent institution of Australia has paid to that person a benefit under the legislation of Australia; and
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — (c)
(c) the amount of the Australian benefit would have been varied had the Canadian benefit been paid during that period,
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — (d)
(d) the amount that would not have been paid by the competent institution of Australia had the Canadian benefit been paid on a periodical basis from the date to which the arrears of benefit referred to in subparagraph (a) were paid shall be a debt due by that person to Australia; and
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — (e)
(e) the competent institution of Australia may determine that the amount, or any part, of that debt may be deducted from future payments of a benefit to that person.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — 2
2 In paragraph 1, benefit means, in relation to Australia, a pension, benefit or allowance that is payable under the social security laws of Australia.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — 1
1 Subject to paragraph 3, if a person is not eligible for a benefit on the basis of his or her Canadian creditable periods, eligibility of that person for that benefit shall be determined by totalising these periods and those specified in paragraph 2.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — (a)
(a) For the purposes of determining eligibility for a benefit under the Old Age Security Act , a period of Australian working life residence shall be considered as a period of residence in Canada.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — (b)
(b) For the purposes of determining eligibility for a benefit under the Canada Pension Plan , a calendar year which includes a period of Australian working life residence of at least 6 calendar months shall be considered as a year for which contributions have been made under the Canada Pension Plan .
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — 3
3 For the purposes of this Article, where a Canadian creditable period and a period of Australian working life residence coincide, the period of coincidence shall be taken into account once only as a Canadian creditable period.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — 1
1 If a person is eligible for a pension or an allowance solely through the application of the totalising provisions of Article 9, the competent institution of Canada shall calculate the amount of the pension or allowance payable to that person in conformity with the provisions of the Old Age Security Act governing the payment of a partial pension or allowance, exclusively on the basis of the periods of residence in Canada which may be considered under that Act.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — 2
2 Paragraph 1 shall also apply to a person outside Canada who would be entitled to the payment of a full pension in Canada but who has not resided in Canada for the minimum period required by the Old Age Security Act for entitlement to payment of a pension outside Canada.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — 3
3 Notwithstanding any other provision of this Agreement: (a) the competent authority of Canada shall not pay a pension under the Old Age Security Act to a person outside Canada unless his or her Canadian creditable period accumulated under that Act and period of Australian working life residence, when totalised as provided in Article 9, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for payment of a pension outside Canada; and (b) an 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 Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — (a)
(a) the competent authority of Canada shall not pay a pension under the Old Age Security Act to a person outside Canada unless his or her Canadian creditable period accumulated under that Act and period of Australian working life residence, when totalised as provided in Article 9, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for payment of a pension outside Canada; and
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — (b)
(b) an 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 Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — 1
1 If a person is not eligible for a benefit solely on the basis of the periods creditable under the Canada Pension Plan , but is eligible for that benefit through the totalising of periods as provided in Article 9, the competent institution of Canada shall calculate the amount of the earnings-related portion of such benefit under the provisions of the Canada Pension Plan , exclusively on the basis of the pensionable earnings under the Canada Pension Plan .
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — 2
2 The amount of the flat-rate portion of the benefit payable by virtue of this Agreement shall, in a case referred to in paragraph 1, be determined by multiplying: (a) the amount of the flat-rate portion of the benefit determined under the Canada Pension Plan by (b) 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 the Canada Pension Plan for eligibility for that benefit, but in no case shall that fraction exceed the value of one.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — (a)
(a) the amount of the flat-rate portion of the benefit determined under the Canada Pension Plan
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — (b)
(b) 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 the Canada Pension Plan for eligibility for that benefit,
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003
but in no case shall that fraction exceed the value of one.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — 1
1 The date on which a claim, notice or appeal concerning the determination or payment of a benefit under the legislation of one Party is lodged with the competent authority or competent institution of the other Party shall be treated, for all purposes concerning the matter to which it relates, as the date of lodgement of that document with the competent authority or competent institution of the first Party.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — 2
2 In relation to Australia, the reference in paragraph 1 to an appeal document is a reference to a document concerning an appeal that may be made to an administrative body established by the social security laws of Australia or made to a body established by other means for the purposes of the social security laws of Australia.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — 1
1 Unless otherwise provided in this Agreement, the benefits payable to a person under the legislation of one Party shall also be payable to that person when he or she is in the territory of the other Party.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — 2
2 Where the legislation of a Party provides that a benefit is payable to a person who is outside the territory of that Party, then that benefit, when payable by virtue of this Agreement, is also payable when that person is outside the territories of both Parties.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — 3
3 Where qualification for an Australian benefit is subject to limitations as to time, reference to Australia in those limitations shall be read also as references to Canada.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — 4
4 The rights under this Article shall not apply to any rent assistance, pharmaceutical allowance or telephone allowance paid by Australia.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — 5
5 A benefit payable by a Party by virtue of this Agreement or under its legislation shall be paid by that Party without deduction of administrative fees and charges by the government or the corresponding competent authority or competent institution for processing and paying that benefit, whether the person qualifying for the benefit is in the territory of the other Party or in a third State.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — 6
6 If a person is receiving a carer payment under this Agreement, references to Australia in the provisions relating to qualification and payability of carer payment shall also be read as references to Canada.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — 1
1 The competent authorities and competent institutions shall: (a) notify each other of laws affecting the application of this Agreement that amend, supplement or replace the social security laws of their respective Parties promptly after the former laws are made; (b) unless prohibited by law, communicate to each other any information necessary for the application of this Agreement or of the respective social security laws of the Parties concerning all matters arising under this Agreement or under those laws; (c) lend their good offices and furnish assistance to one another with regard to the determination or payment of any benefit under this Agreement or any other entitlement under the respective social security laws as if the matter involved the application of their own laws; and (d) at the request of one to the other, assist each other in relation to the implementation of agreements on social security entered into by either of the Parties with third States, to the extent and in the circumstances specified in administrative arrangements made in accordance with Article 15.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — (a)
(a) notify each other of laws affecting the application of this Agreement that amend, supplement or replace the social security laws of their respective Parties promptly after the former laws are made;
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — (b)
(b) unless prohibited by law, communicate to each other any information necessary for the application of this Agreement or of the respective social security laws of the Parties concerning all matters arising under this Agreement or under those laws;
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — (c)
(c) lend their good offices and furnish assistance to one another with regard to the determination or payment of any benefit under this Agreement or any other entitlement under the respective social security laws as if the matter involved the application of their own laws; and
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — (d)
(d) at the request of one to the other, assist each other in relation to the implementation of agreements on social security entered into by either of the Parties with third States, to the extent and in the circumstances specified in administrative arrangements made in accordance with Article 15.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — 2
2 The assistance referred to in paragraph 1 shall be provided free of charge, subject to any arrangement reached between the competent authorities and/or competent institutions for the reimbursement of certain types of expenses.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — 3
3 Any information about a person which is transmitted in accordance with this Agreement to a competent authority or competent institution shall be protected in the same manner as information obtained under the social security laws of that Party and shall be disclosed only in the manner permitted by the laws of that Party.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — 4
4 In no case shall the provisions of paragraphs 1 and 3 be construed so as to impose on the competent authority or competent institution of a Party the obligation: (a) to carry out administrative measures at variance with the laws or the administrative practice of that or the other Party; or (b) to supply particulars which are not obtainable under the laws or in the normal course of the administrative practice of that or the other Party.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — (a)
(a) to carry out administrative measures at variance with the laws or the administrative practice of that or the other Party; or
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — (b)
(b) to supply particulars which are not obtainable under the laws or in the normal course of the administrative practice of that or the other Party.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003
The competent authorities of the Parties shall make whatever administrative arrangements are necessary from time to time to implement this Agreement.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003
In the application of this Agreement, the competent authority or competent institution of a Party may communicate directly with the other competent authority or competent institution in any official language of that Party.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — 1
1 The relevant authority of Australia and a province of Canada may conclude understandings concerning any social security matter within provincial jurisdiction in Canada provided that those understandings are not inconsistent with the provisions of this Agreement.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — 2
2 If the relevant authority of Australia and a province of Canada conclude such an understanding, then any references in the legislation of Australia to a scheduled international agreement with a foreign country shall be read also as references to a scheduled instrument of understanding between Australia and a province of Canada.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — 1
1 The competent authorities of the Parties shall resolve, to the extent possible, any disputes which arise in interpreting or applying this Agreement according to its spirit and fundamental principles.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — 2
2 The Parties shall consult promptly at the request of either concerning matters which have not been resolved by the competent authorities in accordance with paragraph 1.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — 3
3 Any dispute between the Parties concerning the interpretation of this Agreement which has not been resolved or settled by consultation in accordance with paragraph 1 or 2 shall, at the request of either Party, be submitted to arbitration.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — 4
4 Unless the Parties mutually determine otherwise, the arbitral tribunal shall consist of three arbitrators, of whom each Party shall appoint one and the two arbitrators so appointed shall appoint a third who shall act as president; provided that if the two arbitrators fail to agree, the President of the International Court of Justice shall be requested to appoint the president.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — 5
5 The arbitrators shall determine their own procedures.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — 6
6 The decision of the arbitrators shall be final and binding.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003
Where a Party requests the other to meet to review this Agreement, representatives of the Parties shall meet no later than 6 months after that request was made and, unless the Parties otherwise mutually determine, their meeting shall be held in the territory of the Party to which that request was made.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — 1
1 Subject to this Agreement, in determining the eligibility of a person for a benefit payable by virtue of this Agreement: (a) a period as an Australian resident and/or a Canadian creditable period; and (b) any event or fact which is relevant to that eligibility shall be taken into account in so far as those periods or those events are applicable in regard to that person, no matter when they were accumulated or occurred.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — (a)
(a) a period as an Australian resident and/or a Canadian creditable period; and
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — (b)
(b) any event or fact which is relevant to that eligibility
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003
shall be taken into account in so far as those periods or those events are applicable in regard to that person, no matter when they were accumulated or occurred.
Proclamation Giving Notice that the Agreement on Social Security between Canada and Australia Comes into Force on January 1, 2003 — 2
2 Subject to paragraphs 4 and 6, the start date for payment of a benefit payable by virtue of this Agreement shall be determined in accordance with the legislation of the Party concerned but shall never be earlier than the date on which this Agreement enters into force.