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Agreement between the Government of Canada and the Government of India relating to the Canada Pension Plan [1967] CATSer 11 (1 July 1967)

E101850

AGREEMENT BETWEEN THE GOVERNMENT OF CANADA (HEREINAFTER REFERRED TO AS CANADA) AND THE GOVERNMENT OF INDIA RELATING TO THE CANADA PENSION PLAN

CONSIDERING that employment in Canada by the government of a country other than Canada is excepted employment under paragraph (j) of subsection (2) of Section 6 of the Canada Pension Plan;

AND that, under paragraph (f) of subsection (1) of Section 7 of the Canada Pension Plan, the Governor in Council may make regulations for including in pensionable employment in Canada by the government of a country other than Canada pursuant to an agreement with such employing government;

DESIRING to negotiate an agreement for including in pensionable employment, in Canada by the Government of India;

Have accordingly appointed duly authorized plenipotentiaries for this purpose, and have agreed as follows:

ARTICLE I

The provisions of the Canada Pension Plan and the Regulations made thereunder and in force from time to time shall form part of this Agreement.

ARTICLE II

The Government of India agrees that employment in Canada by the said Government, other than employment stated in the Schedule attached hereto, shall be included in pensionable employment under the Canada Pension Plan and the Regulations made thereunder and in force from time to time.

ARTICLE III

The Government of India agrees, with respect to persons employed in Canada by the said Government, other than employment stated in the Schedule attached hereto, and in accordance with the provisions of the Canada Pension Plan and the Regulations made thereunder and in force from time to time;

(1) to make deductions from their contributory salary and wages,

(2) to pay contributions as an employer of such persons,

(3) to remit to Canada the said deductions and contributions,

(4) to make returns in the form provided therefor, and,

(5) without restricting the generality of the foregoing, to furnish information with respect to such persons as may be relevant for the administration and operation of the Canada Pension Plan.

ARTICLE IV

As the Government of India wishes employment in Quebec, made pensionable pursuant to Article V, to be subject to the provisions of the Quebec Pension Plan, it hereby agrees, with respect to persons employed in Quebec by the said government, other than employment stated in the Schedule attached hereto, and in accordance with the provisions of the Quebec Pension Plan and the Regulations made thereunder and in force from time to time:

(1) to make deductions from their contributory salary and wages,

(2) to pay contributions as an employer of such persons,

(3) to remit to Quebec the said deductions and contributions,

(4) to make returns in the form provided therefor, and,

(5) without restricting the generality of the foregoing, to furnish information with respect to such persons as may be relevant for the administration and operation of the Quebec Pension Plan.

ARTICLE V

Canada agrees to include in pensionable employment by Regulation under the Canada Pension Plan employment in Canada by the Government of India, other than employment stated in the Schedule attached hereto, during the currency of this agreement.

ARTICLE VI

(1) This agreement shall come into force and be effective on the First day of July, 1967 and subject to observance of the agreements and covenants herein and subject to compliance with the Canada Pension Plan and the Regulations made thereunder and in force from time to time, shall remain in force until terminated in accordance with Article VII hereof.

(2) Subject to the Canada Pension Plan and the Regulations made thereunder and in force from time to time, this agreement may be amended at any time by mutual consent.

ARTICLE VII

Either party may terminate this agreement on the thirty-first (31st) day of December of any year by giving notice in writing, to the other party on or before the thirtieth (30th) day of the immediately preceding June.

IN WITNESS WHEREOF the undersigned being duly authorized by their respective Governments, have signed this Agreement.

DONE in two copies at Ottawa this First day of December, 1967, in the English and French languages, each version being equally authentic.

E. J. Benson

FOR THE GOVERNMENT OF CANADA

Jayanto Nath Chaudhuri

FOR THE GOVERNMENT OF INDIA

SCHEDULE

Employment in Canada by the Government of India hereinafter listed, shall not be included in pensionable employment under this Agreement:

(1) Employment in Canada by the Government of India of a person who is exempted from income tax by virtue of Section 62(1)(a) and, (ab) of the Income Tax Act of Canada.