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Agreement on Social Security between Canada and Belgium [1987] CATSer 1 (1 January 1987)

E102171 - CTS 1987 No. 6

AGREEMENT ON SOCIAL SECURITY BETWEEN CANADA AND BELGIUM

THE GOVERNMENT OF CANADA AND THE BELGIAN GOVERNMENT,

RESOLVED to cooperate in the field of social security,

HAVE decided to conclude an agreement for this purpose and have agreed as follows:

PART I - Definitions and Legislation

ARTICLE 1

1. For the purposes of this Agreement, the term:

(a) “territory of a Contracting State” means:

- as regards Canada: the territory of Canada;

- as regards Belgium: the territory of Belgium;

(b) “competent authority” means:

- as regards Canada: the Ministers, each to the extent that he is responsi­ble for the administration of the legislation specified in paragraph 1 (a) of Article 2;

- as regards Belgium: the Ministers, each to the extent that he is responsi­ble for the administration of the legislation specified in paragraph 1 (b) of Article 2;

(c) “Government employment” means, as regards Canada, employment by the Government of Canada, the government of a province of Canada or a municipality of Canada;

(d) “legislation” means the laws specified in Article 2;

(e) “competent institution” means:

- as regards Canada: the competent authority;

- as regards Belgium: the institution, agency or authority responsible in full or in part for the application of the laws specified in paragraph 1 (b) of Article 2;

(f) “insurance period” means a period of contributions, employment or resi­dence used to acquire the right to benefits under the legislation of either Contracting State; as regards Belgium, this term also means any equivalent period under Belgian legislation and, as regards Canada, any period during which a disability pension is payable under the Canada Pension Plan;

(g) “pension”, “allowance” or “benefit” include any supplements or increases applicable to them under the laws specified in Article 2;

(h) “old age benefit” means:

- as regards Canada: an old age pension under the Old Age Security Act (excluding any income-tested supplement and the Spouse’s Allowance);

- as regards Belgium: the retirement benefits awarded under the legisla­tion concerning the retirement and survivors’ pensions of salaried wor­kers and the legislation concerning the retirement and survivors’ pensions of self-employed workers;

(i) “Spouse’s Allowance” means, as regards Canada, the benefit payable to the spouse of a pensioner under the Old Age Security Act;

(j) “survivor’s benefit” means:

- as regards Canada: the survivors' pension payable to the surviving spouse under the Canada Pension Plan;

- as regards Belgium: the survivors' pension awarded under the legislation concerning the retirement and survivors' pensions for salaried workers and the retirement and survivors' pensions for self-employed workers;

(k) “disability benefit” means:

- as regards Canada: the disability pension payable under the Canada Pension Plan;

- as regards Belgium: the benefits awarded under the legislation concern­ing invalidity insurance for salaried workers, seamen of the merchant marine, mine workers and self-employed workers;

(l) “children’s benefits” means, as regards Canada, the orphan’s benefits or disabled contributor’s child’s benefits under the Canada Pension Plan;

(m) “death benefit” means, as regards Canada, the death benefit payable in a lump sum under the Canada Pension Plan.

2. Any term not defined in paragraph 1 of this Article has the meaning assigned to it in the applicable legislation.

ARTICLE 2

1. This Agreement shall apply:

(a) as regards Canada:

(i) to the Old Age Security Act and to the regulations made there­under, and

(ii) to the Canada Pension Plan and to the regulations made thereunder;

(b) as regards Belgium:

to the laws concerning:

(i) retirement and survivors’ pension for salaried workers and for self-employed workers;

(ii) invalidity insurance for salaried workers, sailors of the merchant marine, mine workers and self-employed workers;

and, with regard to Part III only, to the laws concerning:

(iii) social security for salaried workers;

(iv) the social code for self-employed workers;

(v) sickness insurance for salaried and self-employed workers;

(vi) unemployment insurance;

(vii) family allowances for salaried and self-employed workers;

(viii) annual vacations for salaried workers;

(ix) work accidents in the private sector;

(x) occupational diseases in the private sector.

2. This Agreement applies or shall apply to all acts or regulations which have amended or extended or which will amend or extend the legislation specified in para­graph 1 of this Article.

3. This Agreement shall apply to any act or regulation which will extend the existing plans to other categories of beneficiaries if, in this respect, the State which has amended its legislation does not notify the other state of its objections within three months of the official publication of the said acts.

PART II - Equality of Treatment and Personal Scope of Application

ARTICLE 3

1. Nationals of one of the Contracting States shall be subject to the obligations of the legislation of the other State and shall benefit from that legislation under the same conditions as nationals of that State.

2. Provisions contained in the legislation of one of the Contracting States which restrict the rights of aliens, impose minimum periods of residence or disqualify aliens because of their place of residence, shall not be applied to nationals of the other State.

3. This Agreement shall apply to persons who are or who have been subject to the legislation of one of the two Contracting States and who are nationals of one of those States as well as to the members of the family of such persons and to their survivors.

4. This Agreement shall apply to the survivors and to the members of the fami­ly of persons who were subject to the legislation of one of the Contracting States, regardless of the nationality of the deceased, if the survivors or family members are Canadian or Belgian nationals.

5. For the purposes of this Agreement, nationals of one or of the other Contracting State shall include:

(a) with respect to the legislation of Canada: persons who are or have been sub­ject to the Canadian legislation specified in paragraph 1 (a) of Article 2;

(b) with respect to the legislation of Belgium and to the extent that they reside in the territory of one of the Contracting States:

(i) refugees within the meaning of the Convention of the Status of Refugees of July 28, 1951 and the Protocol on the Status of Refu­gees of January 31, 1967;

(ii) stateless persons within the meaning of the Convention on the Status of Stateless Persons of September 28, 1954;

(iii) relatives and survivors deriving rights in respect of refugees and stateless persons.

6. The provisions of paragraphs 2 and 6 of Article 5 shall be applicable without restriction by reason of nationality.

7. Retirement and survivors’ pensions based on insurance periods completed under the legislation of Belgium may be paid in favour of nationals of a third State with which Belgium has a social security convention, provided that they reside in the territory of Canada.

ARTICLE 4

The legislation of one Contracting State which provides for the reduction, suspension or termination of benefits when these benefits coincide with other social security benefits, a remuneration or income from a professional activity shall be applied to beneficiaries who receive benefits paid under the legislation of the other Contracting State or a remuneration or income from a professional activity in the other Contracting State.

However, this rule shall not be applied in the case of coinciding benefits of the same type, calculated proportionately to the duration of the periods of insurance in both Contracting States.

For the application of this Article:

(a) the Canadian benefits specified in Part V shall be considered as benefits calculated proportionately;

(b) the Spouse’s Allowance shall not be taken into account.

PART III - Applicable Legislation

ARTICLE 5

1. Subject to the following provisions of this Article, an employed person who works in the territory of one of the Contracting States shall, in respect of that work, be subject only to the legislation of that State.

2. (a) An employed person who is covered under the legislation of one of the Contracting States and who performs services in the territory of the other Contracting State for the same employer shall, in respect of those serv­ices, remain subject only to the legislation of the former Contracting State as though those services were performed in its territory and provided that such assignment does not exceed twenty-four months.

(b) The prior consent of the competent authorities of both Contracting States shall be required for the extension, as appropriate, of the application of the legislation of the former Contracting State when the assignment extends beyond twenty-four months.

3. The provisions of paragraph 2 shall apply even if the services performed in the territory of the other Contracting State are considered to be self-employment under the legislation of that State.

4. (a) A self-employed person who works as such in the territories of both Con­tracting States shall be subject only to the legislation of the Contracting State in the territory of which he ordinarily resides,

(b) In determining the amount of contributions payable under the legisla­tion of that Contracting State, the earnings derived from the self-employment in the territories of both Contracting States may be taken into account,

5. (a) A person who is employed as a member of the crew of a ship or aircraft shall, in respect of that work, be subject only to the legislation of the Contracting State in the territory of which the enterprise by which he is employed has its head office.

(b) However, persons who are not ordinarily employed at sea but who are employed in the territorial waters or in a port of one of the Contracting States on a ship of the other Contracting State without belonging to the crew of that ship, shall be subject to the legislation of the former Contracting State.

(c) For the purposes of subparagraph (b) the expression ship of a Contract­ing State means, in relation to Canada, a ship whose crew is employed by an employer whose head office is located in Canada, and in relation to Belgium, a ship that flies the flag of Belgium.

6. (a) Subject to the provisions of paragraph 5, persons employed by a trans­port enterprise that has its head office in the territory of one of the Con­tracting States who are assigned to the territory of the other Contracting State or who work there either on a short term basis or as itinerant per­sonnel, shall be subject to the legislation of the Contracting State in the territory of which the enterprise has its head office.

(b) If, however, the enterprise has a branch or permanent representation in the territory of the other Contracting State, persons employed by that branch or representation shall be subject to the legislation of the Con­tracting State in the territory of which it is located, except for those who are sent there on a temporary basis.

7. An employed person shall, in respect of the duties of a government employ­ment performed in the territory of the other Contracting State, be subject to the legis­lation of the latter State only if he is a national thereof or if he ordinarily resides in its territory. In the latter case he may, however elect to be subject only to the legis­lation of the former Contracting State if he is a national thereof. This election may be made only once and must be made within the time limit specified in the Adminis­trative Arrangement.

8. The competent authorities of the two Contracting States may, by common agreement, make exceptions to the provisions of this Article in the interests of certain persons or categories of persons.

PART IV - Definition of Certain Periods of Residence with Respect to the Legislation of Canada

ARTICLE 6

For the purpose of calculating benefits under the Old Age Security Act:

(a) if a person, other than a member of the crew of a ship or aircraft, 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 Belgium, that period shall be considered as a period of residence in Canada for that person as well as for his spouse and dependants who reside with him and who are not subject to the legislation of Belgium by reason of employment;

(b) if a person, other than a member of the crew of a ship or aircraft, is subject to the legislation of Belgium 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 or for his spouse or dependants who reside with him 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 referred to in sub-paragraph (b) of this Article becomes subject to the Canada Pension Plan or to the comprehensive pension plan of a province of Canada, by virtue of occupying simultaneously more than one employment, that period shall not be counted as a period of residence in Canada.

PART V - About Benefits

CHAPTER I - General Provisions

ARTICLE 7

1. If a person is not entitled to a benefit on the basis of the insurance periods under the legislation of one of the Contracting States, eligibility for that benefit shall be determined by totalizing these periods and those stipulated in paragraphs 2 and 3 of this Article, provided that the periods do not overlap.

2. (a) For purposes of determining eligibility for a benefit payable by Canada under the Old Age Security Act, a period of residence in the territory of Belgium after the age at which periods of residence in Canada are creditable for purposes of that Act, shall be accepted as a period of resi­dence in the territory of Canada.

(b) In applying sub-paragraph a), insurance periods completed under Belgian legislation shall be recognized as periods of residence in the territory of Belgium, if, after totalizing, the periods referred to in sub-paragraph (a) are insufficient to establish eligibility for a benefit payable by Canada under the Old Age Security Act.

(c) For purposes of determining eligibility for a benefit payable by Canada under the Canada Pension Plan, a year including at least three months of insurance under the legislation of Belgium shall be considered as a year for which contributions have been made under the Canada Pension Plan.

3. For purposes of determining eligibility for a benefit payable by Belgium:

(a) a month ending on or before December 31, 1965 which is recognized as a month of residence under the Old Age Security Act of Canada shall be accepted as a month of insurance under the legislation of Belgium;

(b) a year commencing on or after January 1, 1966, in which a contribution has been made under the Canada Pension Plan shall be accepted as one year of insurance under the legislation of Belgium;

(c) a month commencing on or after January 1, 1966 which is recognized as a month of residence under the Old Age Security Act of Canada and in relation to which no contribution has been made under the Canada Pension Plan shall be accepted as a month of insurance under the legislation of Belgium.

4. The provisions of this Article shall apply equally towards the maintenance and towards the recovery of entitlement to a benefit.

5. In cases of overlapping periods, only the insurance period corresponding to a period of professional activity shall be taken into account.

6. For purposes of determining entitlement to benefits, a period which is recog­nized as equivalent to an insurance period under the laws of both Contracting States shall be taken into account solely by the Contracting State where the person last worked prior to the period in question.

ARTICLE 8

1. Notwithstanding the provisions of Article 7, if the total duration of insurance periods completed under the legislation of one Contracting State is less than one year and if, by virtue of these periods alone, there is no entitlement to a benefit under that legislation, the institution of that State need not grant benefits in respect of such periods.

2. Such periods shall be taken into account by the competent institutions of the other contracting State in applying the provisions of Articles 9, 10 and 11.

CHAPTER II - Benefits Payable by Canada

ARTICLE 9

Benefits Payable Under the Old Age Security Act

1. (a) If a person is entitled to payment of a pension in Canada under the Old Age Security Act, without recourse to the provisions of this Article, but has not accumulated sufficient periods of residence in Canada to qualify for payment of the pension abroad under that Act, a partial pension shall be payable to him outside the territory of Canada if the periods of resi­dence in the territories of the two Contracting States, when totalized as provided in Article 7, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for payment of a pension abroad.

(b) The amount of the pension payable shall, in this case, be calculated in conformity with the provisions of the Old Age Security Act governing the payment of a partial pension, exclusively on the basis of the periods creditable under that legislation.

2. (a) If a person is not entitled to an Old Age Security pension or a spouse’s allowance solely on the basis of periods of residence in Canada, a partial pension or a spouse’s allowance shall be payable to him if the periods of residence in the territories of the two Contracting States, when total­ized as provided in Article 7, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for payment of a pension or a spouse’s allowance.

(b) The amount of the pension or the spouse’s allowance payable shall, in this case, be calculated in conformity with the provisions of the Old Age Security Act governing the payment of a partial pension or spouse’s allowance, exclusively on the basis of the periods creditable under that legislation.

3. (a) Notwithstanding any other provision of this Agreement, Canada shall not be liable to pay an Old Age Security Pension outside of its territory unless the periods of residence in the territories of the two Contracting States, when totalized as provided in Article 7, 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 abroad.

(b) The spouse’s allowance and the guaranteed income supplement shall be payable outside the territory of Canada only to the extent permitted by the Old Age Security Act.

ARTICLE 10

Benefits Payable Under the Canada Pension Plan

1. (a) If a person is not entitled to a disability pension, disabled contributor’s child’s benefit, survivor’s pension, orphan’s benefit or death benefit solely on the basis of the periods creditable under the Canada Pension Plan, but is entitled to that benefit through totalizing creditable periods as provided in Article 7, the competent institution of Canada shall calcu­late the amount of the earnings-related portion of such benefit in con­formity with the provisions of the Canada Pension Plan, exclusively on the basis of the pensionable earnings credited under that legislation.

(b) The amount of the flat rate portion of the benefit payable under the pro­visions of this Agreement shall, in this case, be determined by multiplying:

(i) the amount of the flat rate portion of the benefit determined under the provisions of the Canada Pension Plan

by

(ii) the ratio that the periods of contributions to the Canada Pension Plan represent in relation to the total of the periods of contributions to the Canada Pension Plan and of only those periods creditable under the legislation of Belgium which are required to satisfy the minimum requirements for entitlement to that benefit under the Canada Pension Plan.

2. No benefit shall be paid under this Article unless the contributor’s contribu­tory period, as defined in the Canada Pension Plan, is at least equal to the minimum qualifying period required under the legislation of Canada for entitlement to the benefit in question.

CHAPTER III - Benefits Payable by Belgium

ARTICLE 11

Benefits Under the Invalidity Insurance and Under the Old Age and Survivor’s Insurance

1. The institution of Belgium shall determine, according to the provisions of the applicable legislation, if the insured person fulfills the required conditions for entitlement to benefits, taking into account, where necessary, the provisions of Article 7.

2. If the insured person does fulfill the conditions referred to in paragraph 1 of this Article, the said institution shall calculate the theoretical amount of the benefit to which he would be entitled if all the periods completed under the legislation of each Contracting State had been completed exclusively under the legislation being applied. If, under the legislation, the amount of the benefit does not depend on the duration of the insurance periods, this amount is considered as the theoretical amount.

3. The said institution shall then calculate the actual amount of benefit due to the interested person, on the basis of the theoretical amount referred to in paragraph 2 of this Article, and multiply this amount by the fraction represented by the dura­tion of the insurance periods completed under the applicable legislation prior to the contingency, in relation to the total duration of the insurance periods completed under the legislation of both Contracting States prior to the contingency,

4. If the computation of the amount determined solely on the basis of the in­surance periods completed in Belgium results in an amount at least equal to the amount obtained through the computation method referred to in paragraphs 2 and 3 of this Article, the competent institution of Belgium may apply this direct computation method.

ARTICLE 12

1. Where, under the legislation of Belgium, the awarding of a benefit is subject to insurance periods having been completed in a given profession, only the periods completed or recognized as equivalent in the same profession in Canada shall be totalized to determine eligibility for such benefit.

2. If, after taking into account the periods so completed, the interested person does not fulfill the required conditions to receive such benefit, those periods shall be taken into account for purposes of awarding benefits payable under the general scheme.

3. The awarding of a retirement pension before the age of fifty-five shall be limited to miners who fulfill the conditions imposed by the said legislation, taking into account only the work performed in coal mines or underground quarries of Belgium.

CHAPTER IV - Provisions Common to Chapters I, II and III

ARTICLE 13

1. When an insured person does not fulfill at the same time the conditions im­posed by the legislation of both Contracting States, taking into account the totalized periods referred to in Article 7, entitlement to a benefit shall be determined, with respect to each legislation, as soon as these conditions are fulfilled.

2. Periods during which a benefit is paid by virtue of paragraph 1 of this Arti­cle by the Contracting State where the conditions are fulfilled shall be counted as insurance periods in the first Contracting State when determining eligibility for benefits under the legislation of the other Contracting State,

3. (a) In the case referred to in paragraph 1 of this Article, a pension paid by Belgium shall be revised in accordance with Article 11, from the date on which entitlement to a pension is established under the legislation of Canada.

(b) In applying this Article, the awarding of a spouse’s allowance payable by Canada under the terms of Part V shall not result in the revision of a pension already in pay.

ARTICLE 14

1. If, after suspension of a disability benefit the insured person re-establishes eligibility for that pension, payment of the benefits shall be resumed by the institu­tion responsible for paying the original pension.

2. If, after cancellation of a disability benefit, the state of health of the insured person warrants the awarding of a new disability benefit, the rules established by Chapters II and III of Part V shall be applicable, subject to Article 7.

ARTICLE 15

Increases and adjustments provided by the legislation of Belgium and by the legislation of Canada, namely on the basis of variations in wage levels or of increases in the cost of living, shall be applied directly by each Contracting State to the benefits awarded in accordance with Articles 9, 10 and 11, without it being necessary to recal­culate the amount of such benefits according to the provisions of the said Articles.

ARTICLE 16

1. Subject to the provisions of Article 9 of this Agreement, where the payment of invalidity, old age and survivors’ benefits is subject to conditions of residence im­posed by the legislation of either Contracting State, such residence conditions shall not apply to Belgian and Canadian nationals as long as they reside in the territory of either Contracting State.

2. The competent authority of either Contracting State may, however, require that the beneficiary of an invalidity pension obtain authorization from the compe­tent institution before returning or transferring his residence to the territory of the other Contracting State.

3. Such authorization may not be refused unless such move by the interested person is not recommended for duly established medical reasons.

PART VI - Miscellaneous Provisions

ARTICLE 17

1. A general administrative arrangement agreed to by the competent authori­ties of two Contracting States shall set out, to the extent necessary, the conditions under which this Agreement will be applied.

2. In this administrative arrangement the two Contracting States will designate their liaison agencies.

3. The competent authorities and the institutions responsible for applying the Agreement:

(a) shall define the procedures for mutual assistance and, as required, the proce­dures for the allocation of expenses associated with obtaining medical, administrative and other evidence required for the application of this Agreement;

(b) shall communicate to each other information concerning the measures taken for the application of this Agreement:

(c) shall directly communicate to each other, as soon as possible, information concerning all changes in their respective laws to the extent that these changes might affect the application of this Agreement or of the administrative arrangement.

4. Any information about an individual which is transmitted in accordance with this Agreement to one Contracting State by the other Contracting State is confiden­tial and shall be used only for purposes of applying this Agreement and the legisla­tion to which this Agreement applies and for no other purpose.

ARTICLE 18

1. For the application of this Agreement, the administrative authorities and the competent institutions of both Contracting States shall lend each other their good offices as they would for the application of their own legislation. In principle, this assistance shall be provided free of charge; however, the competent authorities may agree on the reimbursement of some expenses.

2. The benefit of the exemptions or reductions of taxes, or stamp duties or of registration or recording fees provided for by the legislation of one Contracting State in respect of certificates or other documents which must be produced for the appli­cation of the legislation of that State shall be extended to certificates or other docu­ments to be produced for the application of the legislation of the other State.

3. All acts, documents and certificates which must be reproduced for the application of this Agreement shall be exempt from notarization by diplomatic or consular authorities.

4. Claims, notices and appeals which should be submitted within a specified period to the authority, institution or jurisdiction of one of the Contracting States authorized to accept them, are acceptable if they are presented within the same speci­fied period to a corresponding authority, institution or jurisdiction of the other State. In this case the claims, notices and appeals must be sent without delay to the authori­ty, institution or jurisdiction of the first State, either directly or through the compe­tent authorities of the Contracting States.

The date on which these claims, notices or appeals have been submitted to an authority, institution or jurisdiction of the second State shall be considered to be the date of submission to the authority, institution or jurisdiction authorized to accept such claims, notices or appeals.

5. For the application of this Agreement, the competent authorities and the agen­cies of the Contracting States may communicate directly with each other as well as with any person, regardless of the residence of such persons. Such communication may be made in one of the official languages of the Contracting States.

6. An application or document may not be rejected because it is written in an official language of the other Contracting State.

ARTICLE 19

1. The benefit paying institutions shall discharge their obligations under this Agreement in their national currency.

2. Should currency restrictions be imposed by either Contracting State, provi­sions shall be made, by agreement between both Governments to ensure the payment of any sums due by either side in accordance with the provisions of this Agreement.

ARTICLE 20

The competent authorities of the two Parties shall resolve, to the extent possi­ble, any difficulties which arise in interpreting or applying this Agreement according to its spirit and fundamental principles.

CHAPTER VII - Transitional and Final Provisions

ARTICLE 21

1. This Agreement shall apply to events which occurred prior to its coming into force.

2. This Agreement shall not create any entitlement to benefits for any period prior to its coming into force.

3. All insurance or equivalent periods, as well as all periods of residence com­pleted under the legislation of one of the Contracting States prior to the date on which this Agreement comes into force shall be taken into consideration in determining entitlement to any benefit in accordance with the provisions of this Agreement.

ARTICLE 22

1. Subject to the provisions of Articles 9 and 21, any benefit that was not deter­mined and paid or that was suspended by reason of the nationality of the interested person or by reason of his residence in the territory of a Contracting State other than that in which the institution responsible for payment is located shall, on application by the interested person, be determined and paid or re-instituted from the coming into force of this Agreement.

2. The entitlement of interested persons who, prior to the coming into force of this Agreement, obtained payment of a pension or annuity may be revised upon application by those persons, in accordance with the provisions of this Agreement. In no case shall such a revision result in a reduction of the prior entitlement of in­terested persons.

3. If the application referred to in paragraphs 1 and 2 of this Article is made within two years of the coming into force of this Agreement, any entitlement arising from the application of this Agreement shall be effective from that date, and the legislation of either Contracting State concerning the forfeiture or the prescription of rights shall not be applicable to such interested persons.

4. If the application referred to in paragraphs 1 and 2 of this Article is made after the expiration of the two-year delay following the coming into force of this Agreement, the rights which are not subject to forfeiture or which are not prescribed shall be acquired from the date of application, unless more favourable legislative provisions of either Contracting State are applicable.

ARTICLE 23

1. The competent authorities of Belgium and the competent authorities of provinces of Canada may conclude understandings concerning any social security legislation within provincial jurisdiction insofar as those understandings are not inconsistent with the provisions of this Agreement.

2. Any understanding of this type constitutes an undertaking of an administra­tive nature between the two Parties and is annexed to this Agreement.

ARTICLE 24

This Agreement will be ratified and the instruments of ratification will be ex­changed as soon as possible. It will come into force on the first day of the second month following the date of the exchange of the instruments of ratification.

ARTICLE 25

1. This Agreement shall remain in force without any limitation on its duration. It may be denounced by either Contracting State giving twelve months’ notice in writing to the other.

2. In the event of denunciation of this Agreement, any rights acquired by vir­tue of its provisions shall be maintained, Arrangements between the competent authorities of both Contracting States shall settle the disposition of rights in the course of acquisition.

DONE at Brussels, this 10th day of May, 1984, in two copies, in English, French and Dutch, each text being equally authentic.

Monique Bégin

FOR THE GOVERNMENT OF CANADA

Jean-Luc Dehaene

FOR THE BELGIAN GOVERNMENT