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Exchange of Notes (July 31 and September 11, 1951) between Canada and the United States of America constituting an Agreement amending the Agreement of March 12, 1942, respecting Unemployment Insurance [1951] CATSer 9 (11 September 1951)

E103676 - CTS 1951 No. 14

EXCHANGE OF NOTES BETWEEN CANADA AND THE UNITED STATES OF AMERICA CONSTITUTING AN AGREEMENT AMENDING THE AGREEMENT OF MARCH 12, 1942, RESPECTING UNEMPLOY­MENT INSURANCE

I

The Minister of the United States of America to the Secretary of State for External Affairs

EMBASSY OF THE UNITED STATES OF AMERICA

OTTAWA, July 31, 1951

No. 30

Excellency:

I have the honor to state that discussions have recently taken place between representatives of the Unemployment Insurance Commission of Canada and the Bureau of Employment Security in the United States Department of Labor on matters of mutual interest arising under the laws of both countries with respect to unemployment insurance benefits. These discussions related to mutually desirable changes in the procedural detail set forth in the Agreement between the Government of Canada and the Government of the United States of America on unemployment insurance benefits, effected by an exchange of notes at Ottawa on March 6 and 12, 1942, and also to reflect the fact that the name of the United States agency involved has been changed. That Agreement provides, in Article VII, that it may be amended by mutual arrangement evidenced by an exchange of notes between the two Govern­ments. In order to make the necessary and mutually agreed upon changes in the aforesaid agreement, the Government of the United States is prepared to make with the Government of Canada an amendment to the Agreement of 1942, such amendment being annexed to this note as an appendix. If the proposed amendment is acceptable to the Government of Canada, the Govern­ment of the United States of America will regard this note together with your reply note concurring therein as constituting an agreement between the two Governments in force on the date of your reply note, the amendment set forth in the Appendix to be operative retroactively as of April 1, 1951.

Accept, Excellency, the assurances of my most distinguished consideration.

Don C. Bliss

APPENDIX

AMENDMENT TO THE AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA ON UNEMPLOYMENT INSURANCE BENEFITS

ARTICLE I (a) (iii)

"Federal agency" means the agency authorized to administer those provi­sions of the laws of the United States of America which relate to the Federal-State unemployment insurance programs.

ARTICLE III

The Government of the United States of America agrees that the Federal agency will recommend to each of the states that it carry out the provisions herein contained and Canada agrees to carry out such provisions: Provided that if any state does not substantially carry out any such provisions, the Unemployment Insurance Commission of Canada may suspend the operation of such provisions with reference to such state.

ARTICLE VI

To avoid the duplication of unemployment insurance payments with respect to the same period of unemployment, the order in which an individual who has benefit rights under the unemployment insurance laws of two or more jurisdictions shall exhaust or otherwise terminate his rights to benefits shall be determined jointly by the Federal agency of the United States of America and the Unemployment Insurance Commission of Canada in such manner as to be reasonable and just as between all affected interests.

II

The Acting Under-Secretary of State for External Affairs to the Ambassador of the United States of America

DEPARTMENT OF EXTERNAL AFFAIRS

OTTAWA, September 11, 1951

No. 2-251

Excellency:

I have the honour to refer to Your Excellency's Note No. 30 of July 31, 1951, in which you proposed the amendment of certain articles of the Agreement of March 12, 1942, between the United States of America and Canada on Unemployment Insurance Benefits.

The appropriate Canadian authorities agree that Article I (a) (iii), III and VI be amended to read as follows:

(See appendix to note I)

"Federal agency" means ...................... between all affected interests.

I confirm that your Note and this reply thereto shall constitute an agree­ment between the two countries and shall take effect on today's date, to be operative retroactively as of April 1, 1951.

Accept, Excellency, the renewed assurances of my highest consideration.

Escott Reid