GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Proclamation Giving Notice that the Agreement on Social Security between Canada and the Republic of India Comes into Force on August 1, 2015 — 1
Subject to Articles 7 to 10: 1 An employed person who works in the territory of a Contracting State shall, in respect of that work, be subject only to the legislation of that Contracting State. 2 A self-employed person who resides in the territory of a Contracting State and who works for his or her own account in the territory of the other Contracting State, or in the territory of both Contracting States, shall, in respect of that work, be subject only to the legislation of the first Contracting State.
Proclamation Giving Notice that the Agreement on Social Security between Canada and the Republic of India Comes into Force on August 1, 2015 — 1
1 An employed person who works in the territory of a Contracting State shall, in respect of that work, be subject only to the legislation of that Contracting State.
Proclamation Giving Notice that the Agreement on Social Security between Canada and the Republic of India Comes into Force on August 1, 2015 — 2
2 A self-employed person who resides in the territory of a Contracting State and who works for his or her own account in the territory of the other Contracting State, or in the territory of both Contracting States, shall, in respect of that work, be subject only to the legislation of the first Contracting State.
Proclamation Giving Notice that the Agreement on Social Security between Canada and the Republic of India Comes into Force on August 1, 2015 — Proclamation Giving Notice that the Agreement on Social Security between Canada and the Republic of India Comes into Force on August 1, 2015
An employed person who is subject to the legislation of a Contracting State and who is sent by his or her employer to work in the territory of the other Contracting State shall, in respect of that work, be subject only to the legislation of the first Contracting State as though that work was performed in its territory. This coverage may be extended for more than 60 months with the mutual consent of the competent authorities of both Contracting States.
Proclamation Giving Notice that the Agreement on Social Security between Canada and the Republic of India Comes into Force on August 1, 2015 — Proclamation Giving Notice that the Agreement on Social Security between Canada and the Republic of India Comes into Force on August 1, 2015
A person who, but for this Agreement, is subject to the legislation of both Contracting States in respect of employment as a member of the crew of a ship shall, in respect of that employment, be subject only to the legislation of the Contracting State in which he or she resides. Where the circumstances of the previous sentence do not apply, the person shall be subject only to the legislation of India if the ship flies the flag of India.
Proclamation Giving Notice that the Agreement on Social Security between Canada and the Republic of India Comes into Force on August 1, 2015 — 1
1 Notwithstanding any provision of this Agreement, the provisions regarding social security of the Vienna Convention on Diplomatic Relations of 18 April 1961 and the Vienna Convention on Consular Relations of 24 April 1963 shall continue to apply.
Proclamation Giving Notice that the Agreement on Social Security between Canada and the Republic of India Comes into Force on August 1, 2015 — 2
2 A person engaged in government employment for a Contracting State who is posted to work in the territory of the other Contracting State shall, in respect of that employment, be subject only to the legislation of the first Contracting State.
Proclamation Giving Notice that the Agreement on Social Security between Canada and the Republic of India Comes into Force on August 1, 2015 — Proclamation Giving Notice that the Agreement on Social Security between Canada and the Republic of India Comes into Force on August 1, 2015
The competent authorities of the Contracting States may by common decision modify the application of the provisions of Articles 6 to 9 with respect to any person or categories of persons.
Proclamation Giving Notice that the Agreement on Social Security between Canada and the Republic of India Comes into Force on August 1, 2015 — 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 presence or residence in India, that period shall be considered as a period of residence in Canada for that person; it shall also be considered to be a period of residence in Canada for that person’s spouse or common-law partner and dependants who reside with him or her and who are not subject to the legislation of India by reason of employment; (b) if a person is subject to the legislation of India during any period of presence or residence in Canada, that period for that person, and for that person’s spouse or common-law partner and dependants who reside with him or her, shall be determined according to the provisions of Canadian legislation.
Proclamation Giving Notice that the Agreement on Social Security between Canada and the Republic of India Comes into Force on August 1, 2015 — (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 presence or residence in India, that period shall be considered as a period of residence in Canada for that person; it shall also be considered to be a period of residence in Canada for that person’s spouse or common-law partner and dependants who reside with him or her and who are not subject to the legislation of India by reason of employment;
Proclamation Giving Notice that the Agreement on Social Security between Canada and the Republic of India Comes into Force on August 1, 2015 — (b)
(b) if a person is subject to the legislation of India during any period of presence or residence in Canada, that period for that person, and for that person’s spouse or common-law partner and dependants who reside with him or her, shall be determined according to the provisions of Canadian legislation.
Proclamation Giving Notice that the Agreement on Social Security between Canada and the Republic of India Comes into Force on August 1, 2015 — 2
2 In the application of paragraph 1: (a) a person shall be considered to be subject to the legislation of India during a period of presence or residence in Canada only if that person makes compulsory contributions pursuant to that legislation during that period by reason of employment; (b) a person shall be considered to be subject to the Canada Pension Plan or to the comprehensive pension plan of a province of Canada during a period of presence or residence in India only if that person makes contributions pursuant to the plan concerned during that period by reason of employment or self-employment.
Proclamation Giving Notice that the Agreement on Social Security between Canada and the Republic of India Comes into Force on August 1, 2015 — (a)
(a) a person shall be considered to be subject to the legislation of India during a period of presence or residence in Canada only if that person makes compulsory contributions pursuant to that legislation during that period by reason of employment;
Proclamation Giving Notice that the Agreement on Social Security between Canada and the Republic of India Comes into Force on August 1, 2015 — (b)
(b) a person shall be considered to be subject to the Canada Pension Plan or to the comprehensive pension plan of a province of Canada during a period of presence or residence in India only if that person makes contributions pursuant to the plan concerned during that period by reason of employment or self-employment.
Proclamation Giving Notice that the Agreement on Social Security between Canada and the Republic of India Comes into Force on August 1, 2015 — 1
1 If a person is not eligible for a benefit because he or she has not accumulated sufficient creditable periods under the legislation of a Contracting State, the eligibility of that person for that benefit shall be determined by totalizing these periods and those specified in paragraphs 2 through 4, provided that the periods do not overlap.
Proclamation Giving Notice that the Agreement on Social Security between Canada and the Republic of India Comes into Force on August 1, 2015 — 2
2 For purposes of determining eligibility for an old age benefit under the legislation of India: (a) a calendar year which is a creditable period under the Canada Pension Plan shall be considered as 12 months which are creditable under the legislation of India; (b) a month 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 month which is creditable under the legislation of India.
Proclamation Giving Notice that the Agreement on Social Security between Canada and the Republic of India Comes into Force on August 1, 2015 — (a)
(a) a calendar year which is a creditable period under the Canada Pension Plan shall be considered as 12 months which are creditable under the legislation of India;
Proclamation Giving Notice that the Agreement on Social Security between Canada and the Republic of India Comes into Force on August 1, 2015 — (b)
(b) a month 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 month which is creditable under the legislation of India.
Proclamation Giving Notice that the Agreement on Social Security between Canada and the Republic of India Comes into Force on August 1, 2015 — 3
3 For purposes of determining eligibility for a disability or survivor’s benefit under the legislation of India, a calendar year which is a creditable period under the Canada Pension Plan shall be considered as 12 months which are creditable under the legislation of India.
Proclamation Giving Notice that the Agreement on Social Security between Canada and the Republic of India Comes into Force on August 1, 2015 — 4
4 (a) For purposes of determining eligibility for a benefit under the Old Age Security Act of Canada, a creditable period under the legislation of India shall be considered as a period of residence in Canada; (b) For purposes of determining eligibility for a benefit under the Canada Pension Plan , a calendar year including at least three months which are creditable under the legislation of India shall be considered as a year which is creditable under the Canada Pension Plan .
Proclamation Giving Notice that the Agreement on Social Security between Canada and the Republic of India Comes into Force on August 1, 2015 — (b)
(b) For purposes of determining eligibility for a benefit under the Canada Pension Plan , a calendar year including at least three months which are creditable under the legislation of India shall be considered as a year which is creditable under the Canada Pension Plan .
Proclamation Giving Notice that the Agreement on Social Security between Canada and the Republic of India Comes into Force on August 1, 2015 — Proclamation Giving Notice that the Agreement on Social Security between Canada and the Republic of India Comes into Force on August 1, 2015
If a person is not eligible for a benefit on the basis of the creditable periods under the legislation of the Contracting States, totalized as provided in Article 12, the eligibility of that person for that benefit shall be determined by totalizing these periods and creditable periods completed under the legislation of a third State with which both Contracting States are bound by social security instruments which provide for the totalizing of periods.
Proclamation Giving Notice that the Agreement on Social Security between Canada and the Republic of India Comes into Force on August 1, 2015 — Proclamation Giving Notice that the Agreement on Social Security between Canada and the Republic of India Comes into Force on August 1, 2015
Notwithstanding any other provision of this Agreement, if the total duration of the creditable periods accumulated by a person under the legislation of a Contracting State is less than one year and if, taking into account only those periods, no right to a benefit exists under the legislation of that Contracting State, the competent institution of that Contracting State shall not be required to pay a benefit to that person in respect of those periods by virtue of this Agreement. These creditable periods shall, however, be taken into consideration by the competent institution of the other Contracting State to determine eligibility for the benefits of that Contracting State through the application of Chapter 1.
Proclamation Giving Notice that the Agreement on Social Security between Canada and the Republic of India Comes into Force on August 1, 2015 — 1
1 If a person is eligible for a pension or allowance under the Old Age Security Act solely through the application of the totalizing provisions of Chapter 1, the competent institution of Canada shall calculate the amount of the pension or allowance payable to that person in conformity with the provisions of that Act governing the payment of a partial pension or allowance exclusively on the basis of the periods of residence in Canada which may be considered under that Act.
Proclamation Giving Notice that the Agreement on Social Security between Canada and the Republic of India Comes into Force on August 1, 2015 — 2
2 Paragraph 1 shall also apply to a person outside Canada who would be eligible for a full pension in Canada but who has not resided in Canada for the minimum period required by the Old Age Security Act for the payment of a pension outside Canada.
Proclamation Giving Notice that the Agreement on Social Security between Canada and the Republic of India Comes into Force on August 1, 2015 — 3
3 Notwithstanding any other provision of this Article, an Old Age Security pension shall be paid to a person who is outside Canada only if that person’s periods of residence, when totalized as provided in Chapter 1, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for the payment of a pension outside Canada.
Proclamation Giving Notice that the Agreement on Social Security between Canada and the Republic of India Comes into Force on August 1, 2015 — (a)
If a person is eligible for a benefit solely through the application of the totalizing provisions of Chapter 1, the competent institution of Canada shall calculate the amount of benefit payable to that person in the following manner: (a) the earnings-related portion of the benefit shall be determined in conformity with the provisions of the Canada Pension Plan exclusively on the basis of the pensionable earnings under that Plan; (b) the flat-rate portion of the benefit shall be determined by multiplying: (i) the amount of the flat-rate portion of the benefit determined in conformity with the provisions of the Canada Pension Plan by (ii) the fraction which represents the ratio of the periods of contributions to the Canada Pension Plan in relation to the minimum qualifying period required under that Plan to establish eligibility for that benefit, but in no case shall that fraction exceed the value of one.
Proclamation Giving Notice that the Agreement on Social Security between Canada and the Republic of India Comes into Force on August 1, 2015 — (a)
(a) the earnings-related portion of the benefit shall be determined in conformity with the provisions of the Canada Pension Plan exclusively on the basis of the pensionable earnings under that Plan;
Proclamation Giving Notice that the Agreement on Social Security between Canada and the Republic of India Comes into Force on August 1, 2015 — (b)
(b) the flat-rate portion of the benefit shall be determined by multiplying: (i) the amount of the flat-rate portion of the benefit determined in conformity with the provisions of the Canada Pension Plan by (ii) the fraction which represents the ratio of the periods of contributions to the Canada Pension Plan in relation to the minimum qualifying period required under that Plan to establish eligibility for that benefit, but in no case shall that fraction exceed the value of one.
Proclamation Giving Notice that the Agreement on Social Security between Canada and the Republic of India Comes into Force on August 1, 2015 — (i)
(i) the amount of the flat-rate portion of the benefit determined in conformity with the provisions of the Canada Pension Plan
Proclamation Giving Notice that the Agreement on Social Security between Canada and the Republic of India Comes into Force on August 1, 2015 — (ii)
(ii) the fraction which represents the ratio of the periods of contributions to the Canada Pension Plan in relation to the minimum qualifying period required under that Plan to establish eligibility for that benefit, but in no case shall that fraction exceed the value of one.
Proclamation Giving Notice that the Agreement on Social Security between Canada and the Republic of India Comes into Force on August 1, 2015 — 1
1 If a person is entitled to a benefit under the legislation of India without taking into account the creditable periods completed under the legislation of Canada, the competent institution of India shall determine the amount of the benefit payable on the basis of the creditable periods completed under its legislation.
Proclamation Giving Notice that the Agreement on Social Security between Canada and the Republic of India Comes into Force on August 1, 2015 — 2
2 The competent institution of India shall also calculate the amount of old age, survivors’ or disability benefit by applying the rules specified in subparagraphs 3(a) and (b).
Proclamation Giving Notice that the Agreement on Social Security between Canada and the Republic of India Comes into Force on August 1, 2015 — 3
3 If a person is entitled to a benefit solely through the application of the totalization provisions of Chapter 1, the competent institution of India: (a) shall calculate the theoretical amount of the benefit which would be paid if the totalized creditable periods accumulated under the legislation of both Contracting States had been accumulated under the legislation of India alone; and (b) on the basis of the theoretical amount calculated in accordance with subparagraph (a), shall determine the amount of the benefit payable by applying the ratio of the duration of the creditable periods completed under the legislation of India to the total aggregate of creditable periods accumulated under the legislation of both Contracting States.
Proclamation Giving Notice that the Agreement on Social Security between Canada and the Republic of India Comes into Force on August 1, 2015 — (a)
(a) shall calculate the theoretical amount of the benefit which would be paid if the totalized creditable periods accumulated under the legislation of both Contracting States had been accumulated under the legislation of India alone; and
Proclamation Giving Notice that the Agreement on Social Security between Canada and the Republic of India Comes into Force on August 1, 2015 — (b)
(b) on the basis of the theoretical amount calculated in accordance with subparagraph (a), shall determine the amount of the benefit payable by applying the ratio of the duration of the creditable periods completed under the legislation of India to the total aggregate of creditable periods accumulated under the legislation of both Contracting States.
Proclamation Giving Notice that the Agreement on Social Security between Canada and the Republic of India Comes into Force on August 1, 2015 — 1
1 The competent authorities of the Contracting States shall conclude an administrative arrangement which establishes the measures necessary for the application of this Agreement.
Proclamation Giving Notice that the Agreement on Social Security between Canada and the Republic of India Comes into Force on August 1, 2015 — 2
2 The competent authorities shall designate the liaison agencies of the Contracting States in that arrangement.
Proclamation Giving Notice that the Agreement on Social Security between Canada and the Republic of India Comes into Force on August 1, 2015 — 1
1 The competent authorities and institutions responsible for the application of this Agreement shall: (a) to the extent permitted by the legislation which they administer, communicate to each other any information necessary for the application of this Agreement and the legislation to which the Agreement applies; (b) provide assistance to one another for the purpose of determining eligibility for, or the amount of, any benefit under this Agreement, or under the legislation to which this Agreement applies, as if the matter involved the application of their own legislation; (c) 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 in so far as these changes affect the application of this Agreement.
Proclamation Giving Notice that the Agreement on Social Security between Canada and the Republic of India Comes into Force on August 1, 2015 — (a)
(a) to the extent permitted by the legislation which they administer, communicate to each other any information necessary for the application of this Agreement and the legislation to which the Agreement applies;
Proclamation Giving Notice that the Agreement on Social Security between Canada and the Republic of India Comes into Force on August 1, 2015 — (b)
(b) provide assistance to one another for the purpose of determining eligibility for, or the amount of, any benefit under this Agreement, or under the legislation to which this Agreement applies, as if the matter involved the application of their own legislation;
Proclamation Giving Notice that the Agreement on Social Security between Canada and the Republic of India Comes into Force on August 1, 2015 — (c)
(c) 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 in so far as these changes affect the application of this Agreement.
Proclamation Giving Notice that the Agreement on Social Security between Canada and the Republic of India Comes into Force on August 1, 2015 — 2
2 The assistance referred to in subparagraph 1(b) shall be provided free of charge, subject to any provision contained in an administrative arrangement concluded pursuant to Article 18 for the reimbursement of certain types of expenses.
Proclamation Giving Notice that the Agreement on Social Security between Canada and the Republic of India Comes into Force on August 1, 2015 — 3
3 Unless disclosure is required under the laws of a Contracting State: (a) any information about a person which is transmitted in accordance with this Agreement to that Contracting State by the sending Contracting State is confidential and shall be used only for purposes of implementing this Agreement and the legislation to which this Agreement applies; (b) any information about a person obtained by the receiving Contracting State shall not be disclosed subsequently to any other person, body or country unless the sending Contracting State is notified and considers it advisable and the information is disclosed only for the same purpose for which it was originally disclosed.
Proclamation Giving Notice that the Agreement on Social Security between Canada and the Republic of India Comes into Force on August 1, 2015 — (a)
(a) any information about a person which is transmitted in accordance with this Agreement to that Contracting State by the sending Contracting State is confidential and shall be used only for purposes of implementing this Agreement and the legislation to which this Agreement applies;