GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994 — Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994
In Testimony Whereof, We have caused these Our Letters to be made Patent and the Great Seal of Canada to be hereunto affixed. Witness: Our Right Trusty and Well-beloved Ramon John Hnatyshyn, a Member of Our Privy Council for Canada, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, One of Our Counsel learned in the law, Governor General and Commander-in-Chief of Canada.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994 — Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994
At Our Government House, in Our City of Ottawa, this seventh day of January in the year of Our Lord one thousand nine hundred and ninety-four and in the forty-second year of Our Reign.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994 — Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994
the Government of the Federation of St. Kitts and Nevis,
Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994 — Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994
Resolved to co-operate in the field of social security,
Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994 — Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994
Have decided to conclude an agreement for this purpose, and
Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994 — 1
1 For the purposes of this Agreement: benefit means, as regards a Party, any cash benefit, pension or allowance for which provision is made in the legislation of that Party and includes any supplements or increases applicable to such a cash benefit, pension or allowance; competent authority means, as regards Canada, the Minister or Ministers responsible for the application of the legislation of Canada; and, as regards St. Kitts and Nevis, the Minister responsible for Social Security; competent institution means, as regards Canada, the competent authority; and, as regards St. Kitts and Nevis, the Social Security Board; creditable period means, as regards a Party, a period of contributions, whether paid or credited, or a period of residence used to acquire the right to a benefit under the legislation of that Party; as regards Canada, it also means a period during which a disability pension is payable under the Canada Pension Plan ; Government of Canada means the Government in its capacity as representative of Her Majesty the Queen in right of Canada and represented by the Minister of National Health and Welfare; Government of the Federation of St. Kitts and Nevis means the Government of the Federation of St. Kitts and Nevis as represented by the Minister responsible for Social Security; legislation means, as regards a Party, the laws and regulations specified in Article II, paragraph 1. with respect to that Party.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994 — Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994
benefit means, as regards a Party, any cash benefit, pension or allowance for which provision is made in the legislation of that Party and includes any supplements or increases applicable to such a cash benefit, pension or allowance;
Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994 — Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994
competent authority means, as regards Canada, the Minister or Ministers responsible for the application of the legislation of Canada; and, as regards St. Kitts and Nevis, the Minister responsible for Social Security;
Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994 — Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994
competent institution means, as regards Canada, the competent authority; and, as regards St. Kitts and Nevis, the Social Security Board;
Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994 — Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994
creditable period means, as regards a Party, a period of contributions, whether paid or credited, or a period of residence used to acquire the right to a benefit under the legislation of that Party; as regards Canada, it also means a period during which a disability pension is payable under the Canada Pension Plan ;
Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994 — Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994
Government of Canada means the Government in its capacity as representative of Her Majesty the Queen in right of Canada and represented by the Minister of National Health and Welfare;
Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994 — Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994
Government of the Federation of St. Kitts and Nevis means the Government of the Federation of St. Kitts and Nevis as represented by the Minister responsible for Social Security;
Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994 — Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994
legislation means, as regards a Party, the laws and regulations specified in Article II, paragraph 1. with respect to that Party.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994 — 2
2 Any term not defined in this Article has the meaning assigned to it in the applicable legislation.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994 — 1
1 This Agreement shall apply to the following legislation: (a) with respect to Canada: (i) the Old Age Security Act and the regulations made thereunder, and (ii) the Canada Pension Plan and the regulations made thereunder; (b) with respect to St. Kitts and Nevis: the Social Security Act #13 of 1977 , and the subsidiary legislation made thereunder, as they relate to: (i) age (contributory) pension, (ii) invalidity pension, (iii) survivor’s pension, and (iv) funeral grant.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994 — (a)
(a) with respect to Canada: (i) the Old Age Security Act and the regulations made thereunder, and (ii) the Canada Pension Plan and the regulations made thereunder;
Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994 — (i)
(i) the Old Age Security Act and the regulations made thereunder, and
Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994 — (ii)
(ii) the Canada Pension Plan and the regulations made thereunder;
Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994 — (b)
(b) with respect to St. Kitts and Nevis: the Social Security Act #13 of 1977 , and the subsidiary legislation made thereunder, as they relate to: (i) age (contributory) pension, (ii) invalidity pension, (iii) survivor’s pension, and (iv) funeral grant.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994 — (i)
the Social Security Act #13 of 1977 , and the subsidiary legislation made thereunder, as they relate to: (i) age (contributory) pension, (ii) invalidity pension, (iii) survivor’s pension, and (iv) funeral grant.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994 — 2
2 With regard to Part II only, this Agreement shall apply to all aspects of the legislation of St. Kitts and Nevis referred to in subparagraph 1(b).
Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994 — 3
3 Subject to paragraph 4, this Agreement shall also apply to laws and regulations which amend, supplement, consolidate or supersede the legislation specified in paragraph 1.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994 — 4
4 This Agreement shall apply to laws and regulations which extend the legislation of a Party to new categories of beneficiaries or to new benefits unless an objection on the part of that Party has been communicated to the other Party not later than 3 months following the entry into force of such laws and regulations.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994 — Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994
This Agreement shall apply to any person who is or who has been subject to the legislation of Canada or St. Kitts and Nevis, and to the dependants and survivors of such a person within the meaning of the applicable legislation of either Party.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994 — Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994
Any person who is or who has been subject to the legislation of a Party, and the dependants and survivors of such a person, shall be subject to the obligations of the legislation of the other Party and shall be eligible for the benefits of that legislation under the same conditions as citizens of the latter Party.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994 — 1
1 Unless otherwise provided in this Agreement, benefits payable under the legislation of a Party to any person described in Article III, including 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 person resides in the territory of the other Party, and they shall be paid in the territory of the other Party.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994 — 2
2 Benefits payable under this Agreement to a person who is or who has been subject to the legislation of both Parties, or to the dependants or survivors of such a person, shall be paid in the territory of a third State.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994 — 1
1 Subject to the following provisions of this Article: (a) an employed person who works in the territory of a Party shall, in respect of that work, be subject only to the legislation of that Party; and (b) a self-employed person who ordinarily resides in the territory of a Party and who works for his or her own account 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 first Party.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994 — (a)
(a) an employed person who works in the territory of a Party shall, in respect of that work, be subject only to the legislation of that Party; and
Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994 — (b)
(b) a self-employed person who ordinarily resides in the territory of a Party and who works for his or her own account 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 first Party.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994 — 2
2 An employed person who is subject to the legislation of a Party and who performs services in the territory of the other Party for the same employer shall, in respect of those services, be subject only to the legislation of the first Party as though those services were performed in its territory. In the case of an assignment, this coverage may not be maintained for more than 60 months without the prior consent of the competent authorities of both Parties.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994 — 3
3 A person who, but for this Agreement, would be subject to the legislation of both Parties in respect of employment as a member of the crew of a ship, vessel or aircraft shall, in respect of that employment, be subject only to the legislation of Canada if he or she ordinarily resides in the territory of Canada and only to the legislation of St. Kitts and Nevis in any other case.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994 — 4
4 An employed person shall, in respect of the duties of a government employment performed in the territory of the other Party, be subject to the legislation of the latter Party only if he or she is a citizen thereof or ordinarily resides in its territory. In the latter case, that person may, however, elect to be subject only to the legislation of the first Party if he or she is a citizen thereof.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994 — 5
5 The competent authorities of the Parties may, by common agreement, modify the application of the provisions of this Article with respect to any person or categories of persons.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994 — 1
1 For the purpose of calculating the amount of benefits under the Old Age Security Act : (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 St. Kitts and Nevis, 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 St. Kitts and Nevis by reason of employment; (b) if a person is subject to the legislation of St. Kitts and Nevis 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; (c) if a person who is ordinarily resident in the territory of St. Kitts and Nevis is present and employed in the territory of Canada and, in respect of that employment, is subject to the Canada Pension Plan or to the comprehensive pension plan of a province of Canada, the period of presence and employment in Canada shall be considered as a period of residence in Canada only for purposes of this Agreement.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994 — (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 St. Kitts and Nevis, 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 St. Kitts and Nevis by reason of employment;
Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994 — (b)
(b) if a person is subject to the legislation of St. Kitts and Nevis 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 Federation of St. Kitts and Nevis in Force January 1, 1994 — (c)
(c) if a person who is ordinarily resident in the territory of St. Kitts and Nevis is present and employed in the territory of Canada and, in respect of that employment, is subject to the Canada Pension Plan or to the comprehensive pension plan of a province of Canada, the period of presence and employment in Canada shall be considered as a period of residence in Canada only for purposes of this Agreement.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994 — 2
2 Subparagraph 1(c) shall apply only in respect of periods after the date of entry into force of this Agreement.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994 — 1
1 If a person is not entitled to a benefit because he or she has not accumulated sufficient creditable periods under the legislation of a Party, the entitlement of that person to the payment of that benefit shall be determined by totalizing these periods and those specified in paragraphs 2 and 3, provided that the periods do not overlap.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994 — (a)
(a) For purposes of determining entitlement to the payment of a benefit under the Old Age Security Act of Canada, a creditable period under the legislation of St. Kitts and Nevis, or a period of residence in the territory of St. Kitts and Nevis after the age at which periods of residence in Canada are creditable for purposes of that Act and after February 1, 1978, shall be considered as a period of residence in the territory of Canada.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994 — (b)
(b) For purposes of determining entitlement to the payment of a benefit under the Canada Pension Plan , a calendar year including at least 13 weeks (3 months) of contributions under the legislation of St. Kitts and Nevis shall be considered as a year for which contributions have been made under the Canada Pension Plan .
Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994 — 3
3 For purposes of determining entitlement to the payment of a benefit under the legislation of St. Kitts and Nevis: (a) when the calendar year 1978 is a creditable period under the Canada Pension Plan , it shall be considered as 47 weeks for which contributions have been paid under the legislation of St. Kitts and Nevis; (b) a calendar year commencing after February 1, 1978 which is a creditable period under the Canada Pension Plan shall be considered as 52 contribution weeks under the legislation of St. Kitts and Nevis; (c) a week commencing on or after February 1, 1978 which is a creditable period under the Old Age Security Act of Canada and which is not part of a creditable period under the Canada Pension Plan shall be considered as a contribution week under the legislation of St. Kitts and Nevis.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994 — (a)
(a) when the calendar year 1978 is a creditable period under the Canada Pension Plan , it shall be considered as 47 weeks for which contributions have been paid under the legislation of St. Kitts and Nevis;
Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994 — (b)
(b) a calendar year commencing after February 1, 1978 which is a creditable period under the Canada Pension Plan shall be considered as 52 contribution weeks under the legislation of St. Kitts and Nevis;
Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994 — (c)
(c) a week commencing on or after February 1, 1978 which is a creditable period under the Old Age Security Act of Canada and which is not part of a creditable period under the Canada Pension Plan shall be considered as a contribution week under the legislation of St. Kitts and Nevis.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994 — Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994
If a person is not entitled to a benefit on the basis of the creditable periods under the legislation of the Parties, totalized as provided in Article VIII, the entitlement of that person to the payment of that benefit shall be determined by totalizing these periods and creditable periods under the legislation of a third State with which both Parties are bound by social security instruments which provide for totalizing periods.
Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994 — Proclamation Declaring the Agreement on Social Security Between Canada and the Federation of St. Kitts and Nevis in Force January 1, 1994
Notwithstanding any other provision of this Agreement, if the total duration of the creditable periods accumulated by a person under the legislation of a Party is less than one year (52 weeks or 12 months) and if, taking into account only those periods, no right to a benefit exists under that legislation, the competent institution of that Party shall not be required to award benefits to that person in respect of those periods by virtue of this Agreement.