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Agreement between the Government of the Republic of South Africa and the Government of Canada relating to the Canada Pension Plan [1968] CATSer 10 (21 November 1968)

E101855

AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA AND THE GOVERNMENT OF CANADA RELATING TO THE CANADA PENSION PLAN

The Government of the Republic of South Africa and the Government of Canada

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 the Republic of South Africa;

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

ARTICLE I

The provisions 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 the Republic of South Africa 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 the Republic of South Africa 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

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

ARTICLE V

(1) This agreement shall come into force and be effective on the 1st day of January, 1966, 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 VI 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 VI

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, duly authorized by their respective Governments, have signed this agreement.

DONE this 21st day of November in the year nineteen hundred and sixty-eight in duplicate at Ottawa in the English, French and Afrikaans languages, all texts being equally authentic.

Eric Kierans

FOR THE GOVERNMENT OF CANADA

Barend Johannes Van Der Walt

FOR THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA

SCHEDULE

Employment in Canada by the Government of the Republic of South Africa, hereinafter listed, shall not be included in pensionable employment under this agreement:

Employment in Canada by the Government of the Republic of South Africa of a person who is exempted from income tax by virtue of Section 62(l)(a) and (ab) of the Income Tax Act of Canada.