GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — (b)
(b) If a person is entitled to an old age benefit under the Old Age Security Act of Canada, without recourse to the following provisions of this Article, this benefit shall be payable in the territory of Portugal if that person has accumulated, in all, under that Act at least 20 years of residence in Canada.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — (c)
(c) If a person is entitled to an old age benefit under the rules set out in subsections 3(1)(a) and (b) of the Old Age Security Act, without recourse to the following provisions of this Article, but has not accumulated 20 years of residence in Canada, a partial benefit shall be payable to him in the territory of Portugal if the periods of residence in the territory of the two Parties when totalized according to the rules set out in paragraph 4 of this Article, represent at least 20 years. The amount of old age benefit payable in the territory of Portugal shall, in this case, be calculated in accordance with the principles governing the payment of the partial pension payable, according to paragraphs 3(1.1) to 3(1.4) inclusive of the Old Age Security Act and the details of application of the paragraphs of that Act to this Agreement shall be defined by the administrative arrangement provided for in Article XVII.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — (d)
(d) If a person is entitled to a partial pension according to the rules in paragraphs 3(1.1) to 3(1.4) inclusive of the Old Age Security Act, without recourse to the following provisions of this Article, the partial pension shall be payable in the territory of Portugal if the periods of residence in the territory of the two Parties when totalized according to the rules set out in paragraph 4 of this Article equal at least 20 years.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — 2
2 Notwithstanding any other provision of this Agreement, the applicable legislation of Canada and Portugal for the purposes of the other paragraphs of this Article, is, respectively, the legislation of Portugal with respect to the general and special schemes of social security and the Canadian Old Age Security Act, with the exception of paragraph 3(1) of that Act.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — 3
3 If a person is not entitled to an old age benefit on the basis of the periods credited under the legislation of one of the Parties, entitlement to that benefit shall be determined by totalizing these periods and those stipulated in the following paragraph of this Article, provided that these periods do not overlap.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — (a)
(a) For purposes of establishing entitlement to an old age benefit payable by Canada under paragraph 5 of this Article, residence in the territory of Portugal after the age specified and determined in the administrative arrangements with respect to the legislation of Canada shall be counted as residence in the territory of Canada.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — (b)
(b) For purposes of establishing entitlement to an old age benefit payable by Portugal under paragraph 5 of this Article, (i) a month ending on or before December 31, 1965 which would be recognized as a month of residence under the Old Age Security Act shall be treated as a month of contributions under the legislation of Portugal; (ii) a year in which a contribution has been made to the Canada Pension Plan and commencing on or after January 1, 1966 shall be accepted as 12 months of contributions under the legislation of Portugal; (iii) a month commencing on or after January 1, 1966 which would be a month of residence for the purposes of the Old Age Security Act and in relation to which no contribution has been made under the Canada Pension Plan shall be accepted as a month of contributions under the legislation of Portugal.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — (i)
(i) a month ending on or before December 31, 1965 which would be recognized as a month of residence under the Old Age Security Act shall be treated as a month of contributions under the legislation of Portugal;
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — (ii)
(ii) a year in which a contribution has been made to the Canada Pension Plan and commencing on or after January 1, 1966 shall be accepted as 12 months of contributions under the legislation of Portugal;
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — (iii)
(iii) a month commencing on or after January 1, 1966 which would be a month of residence for the purposes of the Old Age Security Act and in relation to which no contribution has been made under the Canada Pension Plan shall be accepted as a month of contributions under the legislation of Portugal.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — 5
5 If a person does not satisfy the conditions required for entitlement to old age benefits except through totalizing of periods as covered in paragraph 3, the competent institution of the Party or Parties in question shall calculate the amount of the pension in conformity with the provisions of the legislation administered by it, directly and exclusively on the basis of the periods accomplished under such legislation.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — 6
6 Notwithstanding any other provision of this Agreement, where the total of credited periods is not equal to at least 10 years, Canada will not be liable to pay any old age benefit under this Article, and when this period is not equal to at least 20 years, Canada will not be liable to pay any old age benefit by virtue of this Article, in the territory of Portugal.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — 7
7 If the sum of the benefits to be paid by the competent institutions of both Parties does not attain the minimum established by the legislation of Portugal, the individual resident in Portugal shall be entitled to a supplement equal to the difference and this shall be paid by the competent authority of Portugal.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — 1
1 The legislation of Canada applicable in respect of the Spouse’s Allowance under this Article shall, notwithstanding any other provision of this Agreement, be the Old Age Security Act excepting subsection 17.1(1) of that Act.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — 2
2 If a person is not entitled to the Spouse’s Allowance because he has not satisfied the residence requirements under the legislation of Canada, then, provided that he has resided in the territories of the Parties in aggregate, for at least 10 years, after the age specified and determined within the administrative arrangements, in accordance with the Old Age Security Act, Canada shall pay to that person an amount of Spouse’s Allowance, calculated in conformity with the legislation of Canada.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — 3
3 The Spouse’s Allowance is payable only in the territory of Canada.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — 1
1 The provisions of this Article shall apply to survivor’s benefit, invalidity benefit, children’s benefit and death benefit to the extent that the nature of the benefit may require.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — 2
2 If a person is entitled to a benefit on the basis of the periods credited under the legislation of one Party without recourse to the provisions of the succeeding paragraphs of this Article, the benefit shall be payable in the territory of the other Party.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — 3
3 If a person is not entitled to a benefit solely on the basis of the periods credited under the legislation of one of the Parties, entitlement to the benefit shall be determined by totalizing the credited periods in accordance with the provisions of the succeeding paragraphs of this Article. For the purposes of survivor’s benefits, children’s benefits and death benefits only, any reference in this Article to a credited period shall be construed as applying to the person by virtue of whose contributions a benefit is being claimed.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — (a)
(a) For the purposes of establishing entitlement to a benefit payable by Canada under paragraph 5 of this Article, a year in respect of which contributions were made under the legislation of Portugal for at least three months shall be accepted as a year for which contributions have been made under the Canada Pension Plan.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — (b)
(b) The provisions of Article XII 4(b)(i), (ii) and (iii) shall apply for the purpose of establishing entitlement to any benefit payable by Portugal under paragraph 5 of this Article.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — (a)
(a) The provisions of Article XII 5 and 7 shall apply to this Article except, in relation to Canada, for calculation of the amount of the flat rate benefit payable under the Canada Pension Plan.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — (b)
(b) The amount of the flat rate benefit under the Canada Pension Plan is the amount obtained by multiplying: (i) the amount of the flat benefit determined under the provisions of the Canada Pension Plan by (ii) the ratio that the periods of contributions to the Canada Pension Plan represent in relation to the total of the periods of contributions to the Canada Pension Plan and of only those periods credited under the legislation of Portugal required to satisfy the minimum requirements for entitlement under the Canada Pension Plan.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — (i)
(i) the amount of the flat benefit determined under the provisions of the Canada Pension Plan
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — (ii)
by (ii) the ratio that the periods of contributions to the Canada Pension Plan represent in relation to the total of the periods of contributions to the Canada Pension Plan and of only those periods credited under the legislation of Portugal required to satisfy the minimum requirements for entitlement under the Canada Pension Plan.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — (ii)
(ii) the ratio that the periods of contributions to the Canada Pension Plan represent in relation to the total of the periods of contributions to the Canada Pension Plan and of only those periods credited under the legislation of Portugal required to satisfy the minimum requirements for entitlement under the Canada Pension Plan.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — 6
6 Any period of contribution under the legislation of Portugal prior to the date upon which the contributor reached the age of 18 may be taken into consideration for determining an applicant’s entitlement to a survivor’s, orphan’s, death or invalidity benefit under the legislation of Canada. However, no survivor’s, orphan’s or death benefit may be paid unless the deceased’s contributory period under the Canada Pension Plan is at least three years nor may an invalidity benefit be paid unless the disabled person’s contributory period under the Canada Pension Plan is at least five years.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — 7
7 Any benefit payable by one Party under this Article shall be paid even if the beneficiary resides in the territory of the other Party.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — 1
1 In the event of totalization for a benefit under the provisions of Articles XII, XIII and XIV, if the total duration of the periods completed under the legislation of one Party is not one year, the institution or the authority of that Party shall not be required to award benefits in respect of those periods by virtue of this Agreement.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — 2
2 These periods shall, however, be taken into consideration by the institution or authority of the other Party for the establishment of entitlement to the benefits of that Party through totalization.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — 3
3 For the purpose of this Article periods completed under the legislation of one Party means for Canada, in addition to credited periods, any period of residence mentioned in paragraph 4(a) of Article XII.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981
For the purposes of determining eligibility to make voluntary contributions to its general compulsory insurance scheme for invalidity, old age and death benefits, as well as for survivor’s benefits, the competent institution of Portugal shall take into consideration, if necessary, to complement periods of insurance completed under the legislation which it administers, the periods credited under the Canada Pension Plan in conformity with the provisions of subparagraph 4(b)(ii) of Article XII.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — 1
1 A general administrative arrangement, agreed to by the competent authorities of the two Contracting Parties, shall set out as required the conditions under which this Agreement shall be implemented.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — 2
2 The liaison agencies of the two Contracting Parties shall be designated in this arrangement.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — 1
1 The competent authorities and the institutions responsible for the application of this Agreement: (a) shall communicate to each other any information necessary in respect of the application of this Agreement; (b) shall lend their good offices and furnish assistance free of charge to one another with regard to any matter relating to the application of this Agreement; (c) shall communicate to each other, as soon as possible, all information about the measures taken by them for the application of this Agreement or about changes in their respective legislation insofar as these changes affect the application of this Agreement.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — (a)
(a) shall communicate to each other any information necessary in respect of the application of this Agreement;
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — (b)
(b) shall lend their good offices and furnish assistance free of charge to one another with regard to any matter relating to the application of this Agreement;
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — (c)
(c) shall communicate to each other, as soon as possible, all information about the measures taken by them for the application of this Agreement or about changes in their respective legislation insofar as these changes affect the application of this Agreement.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — 2
2 Any information furnished by virtue of paragraph 1 shall be used only for the purposes of applying this Agreement and the legislation to which this Agreement applies and for no other purpose.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — 1
1 Any exemption from, or reduction of charges provided for in the legislation of one Party in connection with the issuing of any certificate or document required to be produced for the application of that legislation, shall be extended to certificates or documents required to be produced for the application of the legislation of the other Party.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — 2
2 Any acts or documents of an official nature required to be produced for application of this Agreement shall be exempt from any certification or similar formality.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981
Any claim, notice or appeal which should, for the purposes of the legislation of one of the Parties, have been presented within a prescribed period to a competent authority or institution of that Party responsible for the application of this Agreement, but which is in fact presented within the same period to the corresponding authority or institution of the other Party, shall be treated as if it had been presented to the authority or institution of the former Party. In such cases, the authority or institution of the latter Party shall, as soon as possible, arrange for the claim, notice or appeal to be sent to the authority or institution of the former Party.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981
For application of this Agreement, the competent authorities and institutions of the two Parties may communicate directly with one another in any of the official languages of either Party.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981
The competent authorities of the two Parties shall resolve, to the extent possible, any difficulties which arise in interpreting or applying this Agreement, according to its spirit and fundamental principles.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — 1
1 In the event of the termination of this Agreement, any right acquired by a person in accordance with its provisions shall be maintained and negotiations shall take place for the settlement of any rights then in course of acquisition by virtue of those provisions.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — 2
2 No provision of this Agreement shall confer any right to receive a pension, allowance or benefit for a period before the date of the entry into force of this Agreement.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — 3
3 Except where otherwise provided in this Agreement, any credited period established before the date of entry into force of the Agreement shall be taken into account for the purpose of determining the right to benefit under this Agreement.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — 4
4 Subject to provisions of paragraphs 1, 2 and 3 of this Article, a pension, allowance or benefit shall be payable under this Agreement in respect of events which happened before the date of entry into force of this Agreement.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — 1
1 The competent authority of Portugal and the competent authorities of the provinces of Canada may conclude understandings concerning any social security legislation within provincial jurisdiction insofar as those understandings are not inconsistent with the provisions of this Agreement.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — 2
2 Where an understanding has been concluded between the competent authority of Portugal and a province providing a comprehensive pension plan, concerning that provincial comprehensive pension plan, Canada may, if it deems necessary, for the purposes of applying this Agreement, conclude an understanding with that province in order to co-ordinate the Canada Pension Plan and that provincial plan and may, among other things, accept periods of contributions to the provincial plan as periods of contributions under the legislation of Canada.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — 1
1 This Agreement shall enter into force, after the conclusion of the general administrative arrangement, on the first day of the second month following the date of exchange of the instruments of ratification.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — 2
2 This Agreement shall remain in force without any limitation on its duration. It may be denounced by one of the two Parties giving twelve months’ notice in writing to the other.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981
IN WITNESS WHEREOF, the undersigned, duly authorized thereto by their respective Governments, have signed this Agreement.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981
DONE in two copies at Toronto this 15th day of December, 1980, in English, French, Portuguese languages, each version being equally authentic.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981
EN FOI DE QUOI les soussignés, dûment autorisés à cet effet par leurs Gouvernements respectifs, ont signé le présent Accord.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981
FAIT en deux exemplaires à Toronto, le 15 ème jour de décembre 1980, en français, en anglais et en portugais, chaque version faisant également foi.