GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
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
Whereas, pursuant to subsection 42(2) of the Old Age Security Act , the said Order in Council came into force on December 16, 1986, being the thirtieth sitting day after the said Order in Council was laid before Parliament;
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
Whereas the instruments of ratification were exchanged on January 30, 1990;
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
Whereas the Convention entered into force on the first day of the third month following the month in which the instruments of ratification were exchanged, being April 1, 1990;
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
And Whereas, by Order in Council P.C. 1990-864 of May 10, 1990, the Governor in Council directed that a proclamation do issue giving notice that the said Convention came into force on April 1, 1990;
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
Now Know You that We, by and with the advice of Our Privy Council for Canada, do by this Our Proclamation declare that the Convention on Social Security between Canada and Luxembourg, signed at Ottawa on May 22, 1986, a copy of which is annexed hereto, came into force on April 1, 1990.
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
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 Luxembourg in Force April 1, 1990 — Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990
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 Ramon John Hnatyshyn, 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, One of Our Counsel learned in the law, Governor General and Commander-in-Chief of Canada.
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990
At Our Government House, in Our City of Ottawa, this seventh day of June in the year of Our Lord one thousand nine hundred and ninety and in the thirty-ninth year of Our Reign.
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
Resolved to co-operate in the field of social security,
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
Have decided to conclude a convention, and
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
Have designated, to that effect, as their plenipotentiaries: for Canada, the Minister of National Health and Welfare,
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990
the Minister of National Health and Welfare,
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
Who, after exchanging their full powers, found in good and due form,
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — 1
1 For the purposes of this Convention, (a) legislation means the laws and regulations specified in Article II; (b) competent authority means, as regards Canada, the Minister or Ministers responsible for the administration of the legislation of Canada; and, as regards Luxembourg, the Minister or Ministers who have in their area of responsibility the legislation specified in Article II; (c) competent institution means, as regards Canada, the competent authority; and, as regards Luxembourg, the institution to which the person in question is affiliated at the time of applying for a benefit or from which the person in question is entitled to receive a benefit; (d) period of insurance means a period of contributions, professional activity or residence defined or considered as such by the legislation under which these periods have been completed for purposes of establishing entitlement to benefits; (e) benefit means any cash benefit, pension or allowance for which provision is made in the legislation of either Party and includes any increases, readjustment allowances or supplementary allowances, unless otherwise provided in this Convention.
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — (a)
(a) legislation means the laws and regulations specified in Article II;
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — (b)
(b) competent authority means, as regards Canada, the Minister or Ministers responsible for the administration of the legislation of Canada; and, as regards Luxembourg, the Minister or Ministers who have in their area of responsibility the legislation specified in Article II;
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — (c)
(c) competent institution means, as regards Canada, the competent authority; and, as regards Luxembourg, the institution to which the person in question is affiliated at the time of applying for a benefit or from which the person in question is entitled to receive a benefit;
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — (d)
(d) period of insurance means a period of contributions, professional activity or residence defined or considered as such by the legislation under which these periods have been completed for purposes of establishing entitlement to benefits;
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — (e)
(e) benefit means any cash benefit, pension or allowance for which provision is made in the legislation of either Party and includes any increases, readjustment allowances or supplementary allowances, unless otherwise provided in this Convention.
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — 2
2 For purposes of the Title, Preamble and Final Clause of this Convention, the term Canada means Her Majesty the Queen in right of Canada, represented by the Minister of National Health and Welfare.
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — 3
3 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 Luxembourg in Force April 1, 1990 — 1
1 This Convention shall apply: (a) with respect to Canada: (i) to the Old Age Security Act and the regulations made thereunder; and (ii) to the Canada Pension Plan and the regulations made thereunder; (b) with respect to Luxembourg: to the legislation concerning pension insurance in the case of old age, disability or survivors. SI/94-3, (A)
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — (a)
(a) with respect to Canada: (i) to the Old Age Security Act and the regulations made thereunder; and (ii) to the Canada Pension Plan and the regulations made thereunder;
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — (i)
(i) to the Old Age Security Act and the regulations made thereunder; and
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — (ii)
(ii) to the Canada Pension Plan and the regulations made thereunder;
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — (b)
(b) with respect to Luxembourg: to the legislation concerning pension insurance in the case of old age, disability or survivors.
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
to the legislation concerning pension insurance in the case of old age, disability or survivors.
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — 2
2 This Convention shall apply to all legislative or regulatory acts which shall amend or complement the legislation specified in paragraph 1 of this Article.
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — 3
3 This Convention shall also apply to any legislative or regulatory act which extends the existing schemes to new categories of beneficiaries if no objection on the part of the Party which has amended its legislation has been communicated to the other Party within three months of the publication or the proclamation of such an act.
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990
Unless otherwise provided in this Convention, it shall apply to persons who are or who have been subject to the legislation of one or both Parties as well as those who derive their rights from these persons. SI/94-3, (B)
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
Persons described in Article III who reside in the territory of either Party shall be subject to the obligations of the legislation of a Party and shall be eligible for its benefits under the same conditions as citizens of that Party.
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — 1
1 Unless otherwise provided in this Convention, benefits acquired by persons described in Article III under the legislation of one Party 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 the other Party, and they shall be payable in the territory of the other Party.
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — 2
2 Benefits under the legislation of a Party shall be payable to persons described in Article III who ordinarily reside outside the territories of both Parties on the same conditions as to the citizens of the first Party who ordinarily reside outside the territories of the Parties.
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — 1
1 Subject to the following provisions of this Article, an employed person who works in the territory of a Party shall, in respect of that work, be subject only to the legislation of that Party.
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — 2
2 A self-employed person who works as such in the territory of Luxembourg but who ordinarily resides in the territory of Canada shall, in respect of that work, be subject only to the legislation of Canada.
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — 3
3 An employed person who is covered under the legislation of one of the Parties and who performs services in the territory of the other Party for the same employer shall, in respect of those services, be subject only to the legislation of the former Party as though those services were performed in its territory and provided that such assignment does not exceed 24 months.  If the assignment exceeds 24 months, the application of the legislation of the first Party may be continued for a further term as determined by common agreement between the competent authorities of the two Parties.
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — 4
4 A person who, but for this Convention, would be subject to the legislation of both Parties in respect of employment as a member of the crew of a ship shall, in respect of that employment, be subject only to the legislation of Canada if he ordinarily resides in Canada and only to the legislation of Luxembourg in any other case.
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — 5
5 A person employed in the territory of one of the Parties in a government service of the other Party shall, in respect of that employment, be subject to the legislation of the first Party only if he is a citizen thereof or if he ordinarily resides in its territory.  In the latter case, he may, however, elect to be subject only to the legislation of the second Party if he is a citizen thereof.  Article IV shall not apply to extend this right to elect to a person who is not a citizen of the second Party.
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — 6
6 The competent authorities of the two Parties may, by common agreement, modify the application of the preceding provisions of this Article with respect to any person or categories of persons.
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — (a)
For the purpose 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 Luxembourg, 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 Luxembourg by reason of a professional activity during that period; (b) if a person is subject to the legislation of Luxembourg by reason of a professional activity 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 by reason of employment during that period.
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — (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 Luxembourg, 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 Luxembourg by reason of a professional activity during that period;
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — (b)
(b) if a person is subject to the legislation of Luxembourg by reason of a professional activity 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 by reason of employment during that period.
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — 1
1 If a person is not entitled to the payment of a benefit because he or she has not accumulated sufficient periods of insurance under the legislation of a Party, entitlement to the payment of that benefit shall be determined by totalizing these periods and those specified in paragraphs 2 and 3 of this Article, provided that these periods do not overlap. SI/94-3, (D)
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — (a)
(a) For purposes of determining entitlement to a benefit under the Old Age Security Act of Canada, a period of insurance under the legislation of Luxembourg or a period of residence in Luxembourg, 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 Canada.
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — (b)
(b) For purposes of determining entitlement to a benefit under the Canada Pension Plan, a calendar year including at least 67.5 days or three months of insurance under the legislation of Luxembourg 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 Luxembourg in Force April 1, 1990 — (a)
(a) For purposes of determining entitlement to an old age pension under the legislation of Luxembourg, periods  creditable  under  the  Old  Age  Security  Act  of Canada, expressed in months, which were completed before January 1, 1966 and periods creditable under the Canada Pension Plan, expressed in years, as well as periods creditable under the Old Age Security Act of Canada, expressed in months, which are not part of periods creditable under the Canada Pension Plan and which have been completed after December 31, 1965 shall be considered as periods validly covered by contributions under the legislation of Luxembourg.
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — (b)
(b) For purposes of determining entitlement to an anticipatory old age pension between the age of 57 and 60 years or a disability or survivor’s pension under the legislation of Luxembourg, creditable periods under the Old Age Security Act of Canada, expressed in months, which were completed before January 1, 1966, and creditable periods under the Canada Pension Plan, expressed in years and completed after December 31, 1965 shall be considered as periods validly covered by contributions under the legislation of Luxembourg.
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990
For the computation of periods of insurance under the aforementioned legislation of Canada, one year shall correspond  to 12 months under the legislation of Luxembourg.
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — 4
4 The periods which, under the legislation of Luxembourg, result in the extension of the reference period during which the period required for entitlement to disability and survivor’s pensions must be completed, shall also be taken into account if these periods are completed in the territory of Canada. SI/94-3, (D)
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — 5
5 Paragraph 3(b) shall apply by analogy for the purpose of crediting, in accordance with the legislation of Luxembourg, the period of insurance following the birth of a child on behalf of the insured person responsible for the child’s education. The application of the preceding provision is conditional upon the insured person having last completed periods of insurance under the legislation of Luxembourg. SI/94-3, (D)
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990
If, after totalizing insurance periods as provided in Article VIII of this Convention, a person is not entitled to a benefit because he or she has not accumulated sufficient periods of insurance under the legislation of both Parties, entitlement to that benefit shall be determined by totalizing these periods and the periods of insurance under the legislation of a third State with which both Parties are bound by an international social security instrument which provides for totalizing of periods of insurance. SI/94-3, (D)
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — 1
1 If the total length of the periods of insurance completed under the legislation of a Party is less than one year, the competent institution of that Party shall not be obliged to award a benefit in respect of those periods, unless, on the basis solely of these periods, the person is entitled to a benefit under the legislation being applied by that institution. SI/94-3, (D)
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — 2
2 If, under the legislation of Luxembourg, a person is not entitled to a pension, the contributions credited to the insured person shall be reimbursed to him or her at the end of his or her sixty-fifth year in conformity with this legislation. SI/94-3, (D)
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — 1
1 If a person is entitled to the payment of a pension or a spouse’s allowance under the Old Age Security Act, solely through the application of the totalizing provisions described in Chapter 1 of this Part, the competent institution of Canada shall determine the amount of the pension or spouse’s allowance payable in conformity with the provisions of that Act governing the payment of a partial pension or spouse’s allowance, exclusively on the basis of the periods of residence in Canada creditable under that Act. SI/94-3, (D)
Proclamation Declaring the Agreement on Social Security Between Canada and Luxembourg in Force April 1, 1990 — 2
2 The provisions of the first paragraph 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 of residence required by the Old Age Security Act for payment of a pension outside Canada. SI/94-3, (D)