GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (4)
(4) (a) Except as provided in subparagraph (b), this Article shall not apply to a person employed in the Government service of one of the Contracting States. (b) Where a person employed in the Government service of one of the Contracting States is covered under the laws of both Contracting States in respect of that employment, the following rules shall apply: (i) a person in the Government service of one Contracting State who is sent to work within the territory of the other Contracting State shall be subject to the laws of only the first Contracting State in respect of that service; (ii) a person hired locally to work in the Government service of one Contracting State within the territory of the other Contracting State shall be subject to the laws of only the other Contracting State in respect of that service. (c) For the purpose of this paragraph, Government service means, (i) as regards the United States, service in the employ of the Government of the United States or any instrumentality thereof; (ii) as regards Canada, service in the employ of the Government of Canada or a Province of Canada or a Canadian municipality.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (b)
(b) Where a person employed in the Government service of one of the Contracting States is covered under the laws of both Contracting States in respect of that employment, the following rules shall apply: (i) a person in the Government service of one Contracting State who is sent to work within the territory of the other Contracting State shall be subject to the laws of only the first Contracting State in respect of that service; (ii) a person hired locally to work in the Government service of one Contracting State within the territory of the other Contracting State shall be subject to the laws of only the other Contracting State in respect of that service.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (i)
(i) a person in the Government service of one Contracting State who is sent to work within the territory of the other Contracting State shall be subject to the laws of only the first Contracting State in respect of that service;
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (ii)
(ii) a person hired locally to work in the Government service of one Contracting State within the territory of the other Contracting State shall be subject to the laws of only the other Contracting State in respect of that service.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (c)
(c) For the purpose of this paragraph, Government service means, (i) as regards the United States, service in the employ of the Government of the United States or any instrumentality thereof; (ii) as regards Canada, service in the employ of the Government of Canada or a Province of Canada or a Canadian municipality.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (i)
(i) as regards the United States, service in the employ of the Government of the United States or any instrumentality thereof;
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (ii)
(ii) as regards Canada, service in the employ of the Government of Canada or a Province of Canada or a Canadian municipality.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (5)
(5) Where, but for this Article, a person would be covered under United States laws as well as under the Canada Pension Plan in respect of employment as an officer or member of the crew on a ship or aircraft, that person shall, in respect of that employment, be subject only to the Canada Pension Plan if that person is a resident of Canada, and only to United States laws in any other case.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (6)
(6) Where, but for this Article, a person would be covered under the laws of both Contracting States in respect of earnings from self-employment, that person shall, in respect thereof, be subject only to the laws of Canada if that person is considered to be resident in Canada for the purposes of the relevant provisions of those laws, and only to United States laws in any other case.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (7)
(7) Where, but for this Article, a person would be covered under the laws of both Contracting States in respect of an activity that is considered to be self-employment by one of the Contracting States and employment by the other Contracting State, that activity shall be treated according to the provisions of this Article respecting self-employment if the person is a resident of the first Contracting State and according to the provisions of this Article respecting employment in any other case.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (8)
(8) Where, by virtue of this Article, a person would be subject to the laws of Canada but coverage is not effected under those laws, the person shall be subject to United States laws.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (9)
(9) The Agreement shall not result in coverage under United States laws if those laws do not provide for the collection of contributions with respect to such coverage. Article V(1) shall apply when Article V(2) is not applicable as a result of the preceding sentence.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (10)
(10) Where a person covered under the laws of a Contracting State in accordance with this Agreement is also covered under the laws of the other Contracting State or a third State in accordance with the provisions of an agreement between a Contracting State and a third State, the Competent Authorities of the two Contracting States may agree to exclude the person from the application of this Agreement.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (11)
(11) The Competent Authorities of the two Contracting States may, by common agreement, make exceptions in the application of this Article in respect of any person or category of persons.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (12)
(12) The application of this Article shall be subject to such rules as the Competent Authorities of the two Contracting States may prescribe through arrangements made pursuant to Article XII(a) of this Agreement.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (1)
(1) Except as otherwise provided in this Article, where a person referred to in Article V(2) is subject to the laws of Canada, or the comprehensive pension plan of a province, during any period of residence in the territory of the United States, that period of residence, in respect of that person, his spouse and dependants who reside with him and who are not employed or self-employed during that period, shall be treated as a period of residence in Canada for the purposes of the Old Age Security Act.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (2)
(2) Any calendar quarter during which a spouse or a dependant of a person referred to in Article V(2) is credited with a period of coverage under United States laws shall not be counted as residence in Canada for the purposes of the Old Age Security Act.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (3)
(3) Except as otherwise provided in this Article, where a person referred to in Article V(2) is subject to United States laws during any period of residence in the territory of Canada, that period, in respect of that person, his spouse and dependants who reside with him and who are not employed or self-employed during that period, shall not be treated as residence in Canada for the purposes of the Old Age Security Act.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (4)
(4) Except as otherwise provided in this Article, periods during which the spouse or dependant referred to in paragraph (3) of this Article is contributing to the Canada Pension Plan or the comprehensive pension plan of a province as a result of employment or self-employment shall be treated as periods of residence in Canada for the purposes of the Old Age Security Act.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (5)
(5) Except as otherwise provided in this Article, any person who resides in the United States, is employed in Canada and is subject to the Canada Pension Plan or the comprehensive pension plan of a province shall be credited with one year of residence under the Old Age Security Act for each year of contributions under the Canada Pension Plan or the comprehensive pension plan of a province.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (6)
(6) If a person referred to in paragraph (4) or (5) of this Article performs services which are covered as employment or self-employment under United States laws and simultaneously performs other services which are covered as employment or self-employment under the Canada Pension Plan or a comprehensive pension plan of a province, that period of employment or self-employment shall not be treated as a period of residence for the purposes of the Old Age Security Act.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (1)
(1) Where a person has completed at least six quarters of coverage under United States laws but does not have sufficient quarters of coverage to satisfy the requirements for entitlement to benefits under United States laws, periods of coverage completed under the Canada Pension Plan shall be taken into account to the extent they do not coincide with calendar quarters already credited as quarters of coverage under United States laws.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (2)
(2) In determining eligibility for benefits under paragraph (1) of this Article, the agency of the United States shall credit four quarters of coverage for every year of contributions under the Canada Pension Plan certified as creditable by the agency of Canada; however, no quarter of coverage shall be credited for any calendar quarter already credited as a quarter of coverage under United States laws. The total number of quarters of coverage to be credited for a year shall not exceed four.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (3)
(3) Where entitlement to a benefit under United States laws is established according to the provisions of paragraph (1) of this Article, the agency of the United States shall compute a pro rata primary insurance amount in accordance with United States laws based on the duration of the person’s periods of coverage credited under United States laws. Benefits payable under United States laws shall be based on the pro rata primary insurance amount.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (4)
(4) Entitlement to a benefit from the United States which results from paragraph (1) of this Article shall terminate with the acquisition of sufficient periods of coverage under United States laws to establish entitlement to an equal or higher benefit without the need to invoke the provisions of paragraph (1) of this Article. SI/84-146
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (1)
(1) In this Article, pension means a monthly pension under Part I of the Old Age Security Act.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (2)
(2) (a) If a person is entitled to a pension under paragraph 3(1)(a) or (b) of the Act, the totalization provisions of subparagraphs (3)(a) and (b) of this Article may be used, if necessary, to accumulate the required 20 years of residence in Canada for payment of a pension in the United States. Only a partial pension calculated in accordance with the Act may be paid. (b) If a person is entitled to a partial pension under subsection 3(1.1) of the Act, that pension may be paid in the United States if the periods totalized according to subparagraphs (3)(a) and (b) of this Article equal not less than 20 years.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (b)
(b) If a person is entitled to a partial pension under subsection 3(1.1) of the Act, that pension may be paid in the United States if the periods totalized according to subparagraphs (3)(a) and (b) of this Article equal not less than 20 years.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (3)
(3) (a) If a person is not entitled to a pension under the Old Age Security Act because of insufficient periods of residence, entitlement to a pension may be determined by totalizing periods of residence in Canada on or after January 1, 1952 and after the attainment of age 18, and periods of coverage under United States laws as specified in subparagraph (3)(b) of this Article, but where the periods coincide, only one period shall be counted. (b) For the purposes of establishing entitlement to a pension by means of totalization, a quarter of coverage under United States laws on or after January 1, 1952 and after the attainment of age 18 shall be counted as three months of residence in Canada. (c) The agency of Canada shall calculate the amount of the pro-rated pension at the rate of 1/40th of the full pension for each year of residence in Canada which is recognized as such in subparagraph (3)(a) of this Article or deemed as such under Article VI of this Agreement.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (b)
(b) For the purposes of establishing entitlement to a pension by means of totalization, a quarter of coverage under United States laws on or after January 1, 1952 and after the attainment of age 18 shall be counted as three months of residence in Canada.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (c)
(c) The agency of Canada shall calculate the amount of the pro-rated pension at the rate of 1/40th of the full pension for each year of residence in Canada which is recognized as such in subparagraph (3)(a) of this Article or deemed as such under Article VI of this Agreement.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (4)
(4) If the total duration of the periods of residence completed in Canada in accordance with subparagraph (3)(a) of this Article or Article VI of this Agreement is less than one year, the agency of Canada shall not pay a pension in respect of those periods.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (1)
(1) In this Article, spouse’s allowance means a partial spouse’s allowance under Part II.1 of the Old Age Security Act.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (2)
(2) If a person is not entitled to a spouse’s allowance under the Act because of insufficient periods of residence, entitlement to a spouse’s allowance may be determined by totalizing periods of residence in accordance with subparagraph (3)(a) of Article VIII and periods of coverage under United States laws in accordance with subparagraph (3)(b) of Article VIII, but where the periods coincide, only one period shall be counted.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982
Article IV of this Agreement does not affect the provisions of the Old Age Security Act governing the payment of the guaranteed income supplement and the spouse’s allowance to persons not resident in Canada.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (1)
(1) In this Article, benefit means, (a) an orphan’s benefit or a disabled contributor’s child’s benefit, (b) a death benefit, (c) a disability pension, or (d) a survivor’s pension payable under the Canada Pension Plan.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (a)
(a) an orphan’s benefit or a disabled contributor’s child’s benefit,
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (2)
(2) If a person is not entitled to a benefit because of insufficient periods of coverage under the Canada Pension Plan, entitlement to the benefit may be determined by totalizing periods of coverage under the laws of both Contracting States in accordance with paragraph (3) of this Article, to the extent that they do not coincide.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (3)
(3) (a) Subject to the provisions governing the contributory period under the Canada Pension Plan, to establish entitlement to a benefit by means of totalization, a year in which at least one quarter of coverage is credited under United States laws shall be deemed to be a year in which contributions were made under the Canada Pension Plan. (b) The agency of Canada shall calculate the earnings-related portion of the benefit directly and exclusively on the basis of the periods of coverage completed under the Canada Pension Plan. (c) The amount of the flat-rate benefit under the Canada Pension Plan is the amount obtained by multiplying: (i) the amount of the flat-rate benefit determined under the provisions of the Canada Pension Plan by (ii) the ratio that the periods of coverage under the Canada Pension Plan represent in relation to the total of the periods of coverage under the Canada Pension Plan and of only those periods of coverage under United States laws required to satisfy the minimum requirements for entitlement under the Canada Pension Plan.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (b)
(b) The agency of Canada shall calculate the earnings-related portion of the benefit directly and exclusively on the basis of the periods of coverage completed under the Canada Pension Plan.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (c)
(c) The amount of the flat-rate benefit under the Canada Pension Plan is the amount obtained by multiplying: (i) the amount of the flat-rate benefit determined under the provisions of the Canada Pension Plan by (ii) the ratio that the periods of coverage under the Canada Pension Plan represent in relation to the total of the periods of coverage under the Canada Pension Plan and of only those periods of coverage under United States laws required to satisfy the minimum requirements for entitlement under the Canada Pension Plan.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (i)
(i) the amount of the flat-rate benefit determined under the provisions of the Canada Pension Plan
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (ii)
(ii) the ratio that the periods of coverage under the Canada Pension Plan represent in relation to the total of the periods of coverage under the Canada Pension Plan and of only those periods of coverage under United States laws required to satisfy the minimum requirements for entitlement under the Canada Pension Plan.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (a)
The Competent Authorities of the two Contracting States shall: (a) Conclude an Administrative Arrangement and make such other arrangements as may be necessary for the application of this Agreement; (b) Communicate to each other information concerning the measures taken for the application of this Agreement; and (c) Communicate to each other, as soon as possible, information concerning all changes in their respective laws which may affect the application of this Agreement.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (a)
(a) Conclude an Administrative Arrangement and make such other arrangements as may be necessary for the application of this Agreement;
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (b)
(b) Communicate to each other information concerning the measures taken for the application of this Agreement; and
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (c)
(c) Communicate to each other, as soon as possible, information concerning all changes in their respective laws which may affect the application of this Agreement.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982
The Competent Authorities and agencies of the Contracting States, within the scope of their respective authorities, shall assist each other in implementing this Agreement.
Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 — (1)
(1) Where the laws of a Contracting State provide that any document which is submitted to the Competent Authority or an agency of that Contracting State shall be exempted, wholly or partly, from fees or charges, including consular and administrative fees, the exemption shall also apply to documents which are submitted to the Competent Authority or an agency of the other Contracting State in accordance with its laws.