GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
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
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 Portugal in Force March 12, 1981 — Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981
In Testimony Whereof, We have caused these Our Letters to be made Patent and the Great Seal of Canada to be hereunto affixed. Witness: The Honourable Julien Chouinard, a Puisne Judge of the Supreme Court of Canada and Deputy of Our Right Trusty and Well-beloved Edward Richard Schreyer, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit upon whom We have conferred Our Canadian Forces’ Decoration, Governor General and Commander-in-Chief of Canada.
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
At Ottawa, this twenty-seventh day of August in the year of Our Lord one thousand nine hundred and eighty-one and in the thirtieth year of Our Reign.
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 Government of Canada and the Government of Portugal,
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
Desirous of co-operating with each other in the social field,
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
Have decided to conclude an Agreement on Social Security and, for this purpose,
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — (a)
(a) competent authority means, in relation to Portugal, the Minister or Ministers responsible for the implementation of the legislation described in subparagraph 1(a) of Article II, and in relation to Canada, the Minister or Ministers responsible for the application of the legislation mentioned in subparagraph 1(b) of Article II;
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — (b)
(b) territory means, in relation to Portugal, the territory of the Republic of Portugal and, in relation to Canada, the territory of Canada;
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — (c)
(c) legislation means the legislation described in Article II;
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — (d)
(d) competent institution means, in relation to Portugal, the institution to which the person is affiliated at the time of application for benefits or from which he is entitled to receive benefits or would be entitled to receive benefits, if he resided in the territory of Portugal, and, in relation to Canada, the competent authorities;
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — (e)
(e) worker means, in relation to Portugal, a salaried worker according to the legislation of Portugal and, in relation to Canada, a person who is employed in pensionable employment under the Canada Pension Plan ;
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — (f)
(f) credited period means a period of contributions, employment or residence used to acquire a right to a benefit under the legislation of either Party. This term also designates in relation to Portugal, any equivalent period under the legislation of Portugal and, in relation to Canada, any equivalent period during which a disability pension is payable under the Canada Pension Plan ;
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — (g)
(g) Government employment includes, in relation to Canada, employment as a member of the Royal Canadian Mounted Police or the Armed Forces of Canada, employment of any person by the Government of Canada, the government or a municipal corporation of any province, and includes any employment as may be so designated, from time to time, by Canada;
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — (h)
(h) official administrative service , in relation to Portugal, means the central, regional and local administrations and such public institutes as have the nature of personalized services or of public funds;
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — (i)
(i) death insurance includes, in relation to Portugal, a death benefit and survivor’s benefits;
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — (j)
(j) pension , allowance or benefit includes any supplements or increases applicable to them;
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — (k)
(k) old age benefit means, in relation to Portugal, an old age pension under the legislation of Portugal and, in relation to Canada, an old age pension under the Old Age Security Act (excluding any income-tested supplement, spouse’s allowance and the retirement pension under the Canada Pension Plan );
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — (l)
(l) Spouse’s Allowance means, in relation to Canada, the benefit payable to the spouse of a pensioner and includes the pension equivalent and the guaranteed income supplement equivalent under the Old Age Security Act ;
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — (m)
(m) survivor’s benefit means, in relation to Portugal, the pensions payable under the legislation of Portugal on the death of an insured person or pensioner to those persons who, according to that legislation, are the survivors of that person or pensioner and, in relation to Canada, a survivor’s pension payable to the surviving spouse under the Canada Pension Plan ;
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — (n)
(n) invalidity benefit means, in relation to Portugal, an invalidity pension payable under the legislation of Portugal and, in relation to Canada, a disability pension payable under the Canada Pension Plan ;
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — (o)
(o) children’s benefit means an orphan’s benefit or a disabled contributor’s child’s benefit payable under the Canada Pension Plan ;
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — (p)
(p) death benefit means, in relation to Portugal, the death allowance, a one-time payment under the death insurance program, and, in relation to Canada, the death benefit payable in a lump sum under the Canada Pension Plan ;
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — (q)
(q) any term that is 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 Portugal in Force March 12, 1981 — 1
1 The legislation to which this Agreement applies is: (a) in relation to Portugal: (i) the legislation respecting the general scheme for social security of salaried workers concerning disability, old age and death insurance; (ii) the legislation relating to special schemes for certain categories of workers, to the extent that the legislation relates to the risks covered by the legislation referred to in subparagraph (i); (iii) the legislation concerning the social pension. (b) in relation to Canada: (i) the Old Age Security Act ; (ii) the Canada Pension Plan .
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — (a)
(a) in relation to Portugal: (i) the legislation respecting the general scheme for social security of salaried workers concerning disability, old age and death insurance; (ii) the legislation relating to special schemes for certain categories of workers, to the extent that the legislation relates to the risks covered by the legislation referred to in subparagraph (i); (iii) the legislation concerning the social pension.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — (i)
(i) the legislation respecting the general scheme for social security of salaried workers concerning disability, old age and death insurance;
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — (ii)
(ii) the legislation relating to special schemes for certain categories of workers, to the extent that the legislation relates to the risks covered by the legislation referred to in subparagraph (i);
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — (iii)
(iii) the legislation concerning the social pension.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — (b)
(b) in relation to Canada: (i) the Old Age Security Act ; (ii) the Canada Pension Plan .
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — 2
2 This Agreement applies or shall apply to all Acts or Regulations which have amended or extended or shall amend or extend the legislation listed in paragraph 1.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — 3
3 This Agreement shall apply only to Acts or Regulations which extend the existing plans to other categories of beneficiaries if no objection on the part of either Party has been communicated to the other Party within three months of notification of such Acts, in accordance with Article XVIII.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — 4
4 Provincial social security legislation may be dealt with in arrangements as specified in Article XXIV.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — 1
1 This Agreement applies to persons who are, or have been, subject to the legislation referred to in Article II, and to their dependants and survivors, as specified by the legislation of either Party.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — 2
2 Subject to this Agreement, persons described in the preceding paragraph, regardless of their nationality, are subject to the legislation of one Party and are eligible for benefits under the same conditions as the citizens of that Party.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — 3
3 The provisions of this Agreement are not applicable to diplomatic agents and career consular officers, including chancellory officials who are not permanent residents or citizens of the receiving State.
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
Subject to the provisions of Articles XII, XIII, XIV and XV of this Agreement, the pensions, benefits, annuities and death allowances acquired under the legislation of one of the Contracting Parties 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 Portugal in Force March 12, 1981 — Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981
Any pension, benefit, annuity or death benefit payable under this Agreement by one Party in the territory of the other is also payable in the territory of a third State.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — 1
1 Subject to the provisions of Articles VII, VIII and IX, a worker shall be subject only to the legislation of the Party in the territory of which he is employed.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — 2
2 Subject to the provisions of Articles VII, VIII and IX, when a worker is employed by the same employer in the territories of both Parties during the same period, he shall be subject only to the legislation of the Party in the territory of which he ordinarily resides.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — 1
1 Where, after the entry into force of this Agreement, a worker other than a worker referred to in Article VIII, who is subject to the legislation of a Party and employed by an employer having his place of business in the territory of that Party, is assigned by that employer to work in the territory of the other Party, the legislation of the first Party shall continue to apply to him in respect of that work relationship for a period of up to 24 months.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — (a)
(a) Where, before the entry into force of this Agreement, a worker other than a worker referred to in Article VIII, who had been subject to the legislation of one Party and employed by an employer having his place of business in the territory of that Party, was assigned by that employer to work in the territory of the other Party, he may, within six months from the entry into force of this Agreement, decide whether the legislation of the first or the second Party is to be applied to him in respect of that work relationship; and if he chooses to be covered under the legislation of the first Party, then the legislation of that Party shall apply to him for a period of up to 24 months. If he chooses to be covered under the legislation of the second Party, then the legislation of that Party shall apply to him. In either case his choice shall take effect from the day on which he gives notice thereof to the appropriate competent authority.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — (b)
(b) If the worker in question does not make a choice pursuant to subparagraph (a) by the end of the six-month period provided for by that subparagraph: (i) the legislation being applied to him at the entry into force of this Agreement shall continue to apply to him. If this legislation is that of the first Party mentioned in subparagraph (a) it shall apply for a period of up to 24 months from the entry into force of this Agreement; (ii) if the legislation of neither Party, or of both Parties, was being applied to him, the legislation of the second Party mentioned in subparagraph (a) shall be applied.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — (i)
(i) the legislation being applied to him at the entry into force of this Agreement shall continue to apply to him. If this legislation is that of the first Party mentioned in subparagraph (a) it shall apply for a period of up to 24 months from the entry into force of this Agreement;
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — (ii)
(ii) if the legislation of neither Party, or of both Parties, was being applied to him, the legislation of the second Party mentioned in subparagraph (a) shall be applied.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — 3
3 The prior consent of the competent authorities of both Parties, or of the authorities whom they have delegated for that purpose, is required for any extension of the application of the legislation of the first Party mentioned in paragraph 1 or 2, when the assignment extends beyond 24 months.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — 1
1 Where a person employed in an official administrative service in respect of Portugal is sent in the course of his employment to the territory of Canada, the legislation of Canada shall not apply to him and he shall remain subject to the legislation of Portugal.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — 2
2 Where a person who is subject to the legislation of Canada and employed in Government employment in respect of Canada is sent in the course of his employment to the territory of Portugal, the legislation of Portugal shall not apply to him and the legislation of Canada shall apply to him as if he were employed in its territory.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — 3
3 Subject to the provisions of paragraph 4, a person who is locally engaged by a Party to work in an official administrative service or Government employment in the territory of the other Party shall be subject to the legislation of the latter Party.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — 4
4 A citizen of a Party who is locally engaged by that Party, whether before or after the date of entry into force of this Agreement, in an official administrative service or government employment in the territory of the other Party may decide, in respect of that work, that the legislation of the first Party shall apply to him.
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
Written notice of his decision shall be given to the competent authority of the first Party within six months after the date of entry into force of this Agreement or within six months of the first day of work, whichever is the later, and the decision shall take effect from the date on which the notice is given.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — 1
1 Subject to the provisions of paragraphs 2 and 3, a citizen of a Party who is employed as a member of the crew of a ship or aircraft of the other Party shall, in respect of that employment, be subject only to the legislation of the latter Party.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — 2
2 Any person ordinarily resident in the territory of one Party and employed as a member of the crew of a ship and paid remuneration by an employer having a place of business in the territory of that Party shall, with respect to that employment, be subject only to the legislation of that Party.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — 3
3 For the purposes of paragraph 1 of this Article, (i) notwithstanding Article II, the legislation of Canada shall mean only the Canada Pension Plan; (ii) the term “ship of a Party” means a ship the crew of which is employed by an employer whose principal place of business is situated in the territory of that Party.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — (i)
(i) notwithstanding Article II, the legislation of Canada shall mean only the Canada Pension Plan;
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — (ii)
(ii) the term “ship of a Party” means a ship the crew of which is employed by an employer whose principal place of business is situated in the territory of that Party.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — 1
1 Subject to paragraph 2, where, under the terms of this Part, a person other than a person referred to in Article IX is subject to the legislation of Canada, including the comprehensive pension plan of a province, during any period of residence in the territory of Portugal, that period of residence shall, in respect of that person, his spouse and dependants who reside with him and do not occupy employment during that period, 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 Portugal in Force March 12, 1981 — 2
2 Any period during which a spouse or a dependant person referred to in paragraph 1 is subject, by reason of employment, to the legislation of Portugal, shall not 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 Portugal in Force March 12, 1981 — 3
3 Subject to paragraphs 4 and 5, where, under the terms of this Part, a person other than a person referred to in Article IX is subject to the legislation of Portugal 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 are not 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 Portugal in Force March 12, 1981 — 4
4 Periods during which the spouse or dependant referred to in paragraph 3 is contributing to the Canada Pension Plan or to the comprehensive pension plan of a province of Canada as a result of 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 Portugal in Force March 12, 1981 — 5
5 If a person referred to in paragraph 3 also becomes subject to the Canada Pension Plan or a comprehensive pension plan of a province of Canada, by virtue of occupying simultaneously more than one employment, such period of 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 Portugal in Force March 12, 1981 — Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981
Notwithstanding Articles VI, VII, VIII and IX, the competent authorities may make such arrangements as they may deem necessary in the interests of particular persons or categories of persons, according to the spirit and fundamental principles of this Agreement.
Proclamation Declaring the Agreement on Social Security Between Canada and Portugal in Force March 12, 1981 — (a)
(a) If a person is entitled to an old age benefit under the legislation of Portugal, without recourse to the following provisions of this Article, the benefit payable under the legislation of Portugal shall be payable in the territory of Canada.