GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 3
3 This Agreement shall not apply to laws or regulations which extend the existing legislation of a Party to a new category of beneficiaries if the competent authority of that Party notifies the competent authority of the other Party within three months from the date of the official publication or proclamation of such laws or regulations that no such extension of the Agreement is intended.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 4
4 This Agreement shall not apply to social and medical assistance schemes, to special schemes for civil servants or persons treated as such, or to benefit schemes for victims of war or its consequences.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990
Unless otherwise provide in this Agreement, it shall apply to nationals of the Parties, to persons who are or who have been subject to the legislation of either Party and to other persons with respect to the rights they derive from the aforementioned persons.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 1
1 As regards the legislation of Canada, all persons described in Article III shall be subject to the obligations of that legislation and shall be eligible for its benefits without regard to nationality.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 2
2 As regards the legislation of the Netherlands, unless otherwise provided in this Agreement, (a) nationals of Canada, (b) refugees, within the meaning of the Convention of July 28, 1951 Relating to the Status of Refugees and of the Protocol of January 31, 1967 to that Convention, (c) stateless persons, within the meaning of the Convention of September 28, 1954 Relating to the Status of Stateless Persons, and (d) other persons to the extent that they derive rights from a person described in subparagraph (a), (b) or (c)
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — (b)
(b) refugees, within the meaning of the Convention of July 28, 1951 Relating to the Status of Refugees and of the Protocol of January 31, 1967 to that Convention,
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — (c)
(c) stateless persons, within the meaning of the Convention of September 28, 1954 Relating to the Status of Stateless Persons, and
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — (d)
(d) other persons to the extent that they derive rights from a person described in subparagraph (a), (b) or (c)
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990
shall be subject to the obligations of that legislation and shall be eligible for its benefits under the same conditions as nationals of the Netherlands.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 3
3 Paragraph 2 shall not apply to the Netherlands’ old age and survivors voluntary insurance insofar as the payment of contributions at reduced rates is concerned.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 1
1 Unless otherwise provided in this Agreement, invalidity, old age or survivors benefits acquired by a person describes in Article III under the legislation of one Party, including such benefits acquired by virtue of this Agreement, shall not be subject to any reduction, modification, suspension, cancellation or confiscation by reason only of the fact that the beneficiary resided 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 the Netherlands in Force October 1, 1990 — 2
2 Unless otherwise provided in this Agreement, benefits payable under this Agreement by one Party in the territory of the other Party shall also be payable in the territory of a third State, under the same conditions and to the same extent as to nationals of the first Party residing in that third State.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 1
1 Subject to the provisions of the following paragraphs of this Article, (a) an employed person who works in the territory of one Party shall, in respect of that work, be subject only to the legislation of that Party; and (b) a self-employed person who ordinarily resides in the territory of one Party and who works as such in the territory of the other Party or in the territories of both Parties shall, in respect of that work, be subject only to the legislation of the former Party.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — (a)
(a) an employed person who works in the territory of one Party shall, in respect of that work, be subject only to the legislation of that Party; and
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — (b)
(b) a self-employed person who ordinarily resides in the territory of one Party and who works as such in the territory of the other Party or in the territories of both Parties shall, in respect of that work, be subject only to the legislation of the former Party.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 2
2 An employed person who is covered under the legislation of one Party and who performs work in the territory of the other Party for his or her employer shall, in respect of that work, be subject only to the legislation of the former Party as though that work was performed in its territory and provided that such assignment does not exceed twenty-four months and the person concerned is not also employed in the territory, of the other Party by a different employer located in that territory.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — (a)
(a) Paragraph 2 shall apply to a person who is sent to work on an installation situated in the continental shelf area of a Party in connection with the exploration of the seabed and sub-soil of that area or the exploitation of its mineral resources, as though that installation were situated in the territory of that Party.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — (b)
(b) For the purposes of this Article, the continental shelf area of a Party includes every area beyond the territorial seas of that Party that, in accordance with international law and the laws of that Party, is an area in respect of which that Party may exercise rights with respect to the seabed and sub-soil and their natural resources.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 4
4 A person who is employed as a member of the crew of a ship or aircraft shall, in respect of that employment, be subject only to the legislation of the Party in the territory of which the employer’s principal place of business is located.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — (a)
(a) A person employed in the territory of one Party 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 or she is a national thereof or ordinarily resides in its territory. In the latter case the person may, however, within six months after taking up the duties of the employment or within six months from the date of the entry into force of this Agreement, elect to be subject only to the legislation of the second Party in respect of the employment if he or she is a national of that Party. Article IV shall not apply to extend this right to elect to a person who is not a national of the second Party.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — (b)
(b) Nationals of the Netherlands employed by the government of the Netherlands who are sent to the territory of Canada shall be subject to the legislation of the Netherlands.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — (c)
(c) Where the person referred to in sub-paragraph (a) is subject to the legislation of the first Party, the employer in question shall observe the obligations which that legislation imposes on employers.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 6
6 The competent authorities of the two Parties may, by common agreement, modify the application of the provisions of this Article with respect to any persons or categories of persons.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 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 the Netherlands, that period 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 the Netherlands by reason of employment; (b) if a person is obligatorily subject to the legislation of the Netherlands during any period of residence in the territory of Canada, that period 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.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 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 the Netherlands, that period 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 the Netherlands by reason of employment;
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — (b)
(b) if a person is obligatorily subject to the legislation of the Netherlands during any period of residence in the territory of Canada, that period 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.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 1
1 For the purposes of the legislation of the Netherlands, a person who is subject to the Netherlands legislation in accordance with the provisions of this Part shall be considered as residing in the Netherlands.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 2
2 The provision of paragraph 1 shall apply by analogy to the spouse and children accompanying a person described in paragraph 2 or 5(b) or Article VI from the territory of one Party to the territory of the other Party, unless they themselves take up a gainful occupation or are receiving a pension or a cash benefit under the legislation of the latter Party.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 1
1 If a person is not entitled to a benefit on the basis of the periods creditable under the legislation of Canada, eligibility for that benefit shall be determined by totalizing these periods and periods creditable under the legislation of the Netherlands, provided that the periods do not overlap.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 2
2 If a person is not entitled to a benefit under the legislation of Canada on the basis of the periods creditable under the legislation of the Parties, totalized as provided in this Agreement, eligibility for that benefit shall be determined by totalizing these periods and periods creditable under the laws of a third State with which both Parties 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 Netherlands in Force October 1, 1990 — (a)
(a) If a person is entitled to payment of a pension in Canada under the Old Age Security Act without recourse to the provisions of this Agreement, but has not accumulated sufficient periods of residence in Canada to qualify for payment of the pension abroad under the Act, a partial pension shall be paid to that person outside the territory of Canada if the creditable periods, when totalized as provided in this Agreement, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for payment of a pension abroad.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — (b)
(b) The amount of the pension payable shall, in this case, be calculated in conformity with the provisions of the Old Age Security Act governing the payment of a partial pension, exclusively on the basis of the periods creditable under that Act.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — (a)
(a) If a person is not entitled to an Old Age Security pension or a spouse’s allowance solely on the basis of periods of residence in Canada, a partial pension or a spouse’s allowance shall be paid to that person if the creditable periods, when totalized as provided in this Agreement, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for payment of a pension or a spouse’s allowance.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — (b)
(b) The amount of the pension or the spouse’s allowance payable shall, in this case, be calculated in conformity with the provisions of the Old Age Security Act governing the payment of a partial pension or a spouse’s allowance, exclusively on the basis of the periods creditable under that Act.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — (a)
(a) Notwithstanding any other provision of this Agreement, the competent institution of Canada shall not be liable to pay an Old Age Security pension outside the territory of Canada unless the creditable periods, when totalized as provided in this Agreement, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for payment of a pension abroad.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — (b)
(b) The spouse’s allowance and the guaranteed income supplement shall be paid outside the territory of Canada only to the extent permitted by the Old Age Security Act.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 1
1 If a person is not entitled to a disability pension, disabled contributor’s child’s benefit, survivor’s pension, orphan’s benefit or death benefit solely on the basis of the periods creditable under the Canada pension Plan, but is entitled to that benefit through the totalizing of periods as provided in this Agreement, the competent institution of Canada shall calculate the amount of the earnings-related portion of such benefit in conformity with the provisions of the Canada Pension Plan, exclusively on the basis of the pensionable earnings under that Plan.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — (a)
(a) The amount of the flat-rate portion of the benefit payable under the provisions of this Agreement shall, in this case, be determined by multiplying: (i) the amount of the flat-rate portion of the benefit determined under the provisions of the Canada Pension Plan by (ii) the fraction which represents the ratio of the periods of contributions to the Canada Pension Plan in relation to the minimum qualifying period under the Canada Pension Plan for entitlement to that benefit.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — (i)
(i) the amount of the flat-rate portion of the benefit determined under the provisions of the Canada Pension Plan by
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — (ii)
(ii) the fraction which represents the ratio of the periods of contributions to the Canada Pension Plan in relation to the minimum qualifying period under the Canada Pension Plan for entitlement to that benefit.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — (b)
(b) In no case, however, shall the fraction referred to in subparagraph (a)(ii) exceed the value of one.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990
When a national of one Party or a person described in paragraph 2(b) or (c) of Article IV, at the time when incapacity for work followed by invalidity occurred, was subject to the legislation specified in paragraph 1(a)(ii) of Article II and had previously completed a total creditable period of at least twelve months under the Netherlands legislation on invalidity insurance, that person shall be entitled to a benefit determined in accordance with the latter legislation and calculated according to the provisions of Article XIII.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 1
1 If entitlement to a benefit is established through the application of Article XII, the amount of the benefit payable shall be calculated in proportion to the ratio of the total length of the creditable periods completed by the person concerned under the Netherlands legislation after reaching the age of eighteen to the period between the date on which the person reached the age of eighteen and the date of incapacity for work followed by invalidity.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 2
2 If, at the time when incapacity for work followed by invalidity occurred, the person concerned was an employed person, the benefit payable shall be determined according to the provisions of the Incapacity Insurance Act of February 18, 1966 (WAO). In any other case, the benefit payable shall be determined according to the provisions of the General Incapacity Insurance Act of December 11, 1975 (AAW).
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 3
3 The following creditable periods completed under the Netherlands legislation shall be taken into consideration: (a) creditable periods during employment completed under the Incapacity Insurance Act of February 18, 1966 (WAO); (b) creditable periods during self-employment completed under the General Incapacity Insurance Act of December 11, 1975 (AAW); and (c) periods of employment, and periods treated as such, completed in the Netherlands before July 1, 1967.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — (a)
(a) creditable periods during employment completed under the Incapacity Insurance Act of February 18, 1966 (WAO);
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — (b)
(b) creditable periods during self-employment completed under the General Incapacity Insurance Act of December 11, 1975 (AAW); and
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — (c)
(c) periods of employment, and periods treated as such, completed in the Netherlands before July 1, 1967.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 4
4 In the application of the first sentence of paragraph 2, when a creditable period completed under the WAO coincides with a creditable period completed under the AAW, only the period completed under the WAO shall be taken into account.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 5
5 In the application of the second sentence of paragraph 2, when a creditable period completed under the AAW coincides with a creditable period completed under the WAO, only the period completed under the AAW shall be taken into account.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 1
1 The Netherlands competent institution shall determine the old age pension directly and exclusively on the basis of the creditable periods completed under the Netherlands General Old Age Pensions Act.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 2
2 Subject to paragraph 3, periods before January 1, 1957 during which a national of one Party or a person described in paragraph 2(b) or (c) of Article IV resided in the territory of the Netherlands after reaching the age of fifteen or during which, while residing in another country, the person was gainfully employed in the Netherlands shall be considered as creditable periods if the person does not satisfy the conditions of the Netherlands legislation permitting such periods to be treated for that person as creditable periods.
Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 — 3
3 The periods referred to in paragraph 2 shall be taken into consideration in the calculation of the old age pension only if the person concerned has resided for at least six years in the territory of one or both Parties after reaching the age of fifty-nine and only while the person is residing in the territory of either Party. However, these periods shall not be taken into consideration if they coincide with periods taken into consideration for the calculation of an old age pension under the legislation of a country other than the Netherlands.