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Agreement on Social Security between Canada and the Kingdom of Norway [1987] CATSer 2 (1 January 1987)

E102184 - CTS 1987 No. 25

AGREEMENT ON SOCIAL SECURITY BETWEEN CANADA AND THE KINGDOM OF NORWAY

THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE KINGDOM OF NORWAY,

RESOLVED to regulate the relationship between their two countries in the field of social security,

HAVE DECIDED to conclude an agreement for this purpose, and

HAVE AGREED AS FOLLOWS:

PART I - DEFINITIONS AND GENERAL PROVISIONS

ARTICLE 1

Definitions

1. For the purposes of this Agreement,

(a) "Government of Canada" means the Government in its capacity as representative of Her Majesty in right of Canada and acting through the Minister of National Health and Welfare;

(b) "territory" means, as regards Canada, the territory of Canada; and, as regards Norway, the territory of the Kingdom of Norway, including Svalbard and Jan Mayen;

(c) "legislation" means the laws specified in Article 2, and includes any regulations and supplementary rules made thereunder;

(d) "competent authority" means, as regards Canada, the Minister or Ministers responsible for the administration of the legislation of Canada; and, as regards Norway, the Ministry of Health and Social Affairs;

(e) "competent institution" means, as regards Canada, the competent authority; and, as regards Norway, the institution which is competent according to the legislation applicable;

(f) "creditable period" means a period of contributions, insurance or residence used to acquire the right to a benefit under the legislation of either Party;

(g) "benefit" means any cash benefit, pension or allowance for which provision is made in the legislation of either Party and includes any supplements or increases applicable to such a cash benefit, pension or allowance;

(h) "survivor's pension" means, as regards Norway, pension and transitional benefits to a surviving spouse and a children's pension;

(i) "continental shelf" means, as regards Norway, the seabed and its sub-soil in the submarine areas outside the coast of the Kingdom of Norway which are subject to Norwegian sovereignty in respect of the exploitation of and exploration for natural deposits; and, as regards Canada, every area beyond the territorial seas of Canada that, in accordance with international law and the laws of Canada, is an area in respect of which Canada may exercise rights with respect to the seabed and sub-soil and their natural resources.

2. Any word or expression not defined in this Article has the meaning assigned to it in the applicable legislation.

ARTICLE 2

Legislation to Which the Agreement Applies

1. This Agreement shall apply to the legislation listed hereunder, their present and future complements, consolidations and amendments:

(a) with respect to Canada:

(i) the Old Age Security Act;

and

(ii) the Canada Pension Plan;

(b) with respect to Norway:

(i) the provisions of the National Insurance Act of 17 June 1966 concerning old age pensions, disability benefits, funeral grant and survivors' benefits, unless otherwise provided in the Protocol;

(ii) the Act of 19 June 1969 on Special Supplements to Benefits from the National Insurance Scheme;

(iii) the Act of 19 December 1969 on Compensation Supplements to Benefits from the National Insurance Scheme.

2. This Agreement shall not apply to laws which extend the existing legislation to other categories of beneficiaries or which institute a new branch of social security unless the competent authorities of the two Parties so agree.

ARTICLE 3

Persons to Whom the Agreement Applies

This Agreement shall apply to persons who are or who have been subject to the legislation of both Canada and Norway referred to in Article 2, and to their dependants and survivors, as specified by the applicable legislation of either Party.

ARTICLE 4

Equality of Treatment

Unless otherwise provided in this Agreement, a person described in Article 3, regardless of nationality, shall be subject to the obligations of the legislation of a Party and shall be eligible for the benefits of that legislation under the same conditions as the citizens of that Party.

ARTICLE 5

Export of Benefits

1. Unless otherwise provided in this Agreement, benefits acquired by a person described in Article 3 under the legislation of one Party, including benefits acquired by virtue of this Agreement, shall not be subject to any reduction, modification, suspension, cancellation or confiscation by reason only of the fact that the beneficiary stays or resides in the territory of the other Party, and they shall be payable in the territory of the other Party.

2. Benefits under the legislation of a Party, including benefits acquired by virtue of this Agreement, shall be payable to persons described in Article 3 who stay or reside outside the territories of both Parties on the same conditions and to the same extent as to the citizens of that Party who stay or reside outside those territories.

PART II - PROVISIONS CONCERNING THE APPLICABLE LEGISLATION

ARTICLE 6

General Rule

Unless otherwise provided in Articles 7 to 11:

(a) a person who is employed shall, in respect of that employment, be subject only to the legislation of the Party in whose territory the work is carried out, and

(b) a person who ordinarily resides in the territory of one of the Parties shall, in respect of self-employment in the territory of the other Party or in the territories of both Parties, be subject only to the legislation of the Party in whose territory he ordinarily resides.

ARTICLE 7

Seconded Workers

1. An employed person who is subject to the legislation of a Party in respect of employment by an employer who has a place of business in the territory of that Party, and who is sent by that employer to the territory of the other Party to carry out work on his behalf, shall, in respect of that work, be subject only to the legislation of the former Party as though that work was performed in the territory of that Party, provided that the person continues to be employed and paid by the same employer.

2. In the case of a secondment, paragraph 1 shall apply only if the work in the territory of the other Party is not expected to last more than 36 months. Successive secondments of the same person by the same employer shall be counted as one unless they are separated by at least six months.

3. For the purpose of the legislation of Norway, where, according to this Article, a person is subject to the legislation of Norway while residing in the territory of Canada, the spouse and children of the person who live with him and who are not subject to the legislation of Canada by reason of employment or self-employment shall be deemed to be resident in the territory of Norway.

ARTICLE 8

Workers on the Continental Shelf

Article 7 shall apply to a person who is sent to work on an installation situated in the continental shelf area of a Party in connection with the exploration of the seabed and sub-soil of that area or the exploitation of its mineral resources.

ARTICLE 9

Crews of Ships

A person who, but for this Article, would be subject to the legislation of both Parties 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 Canada if he ordinarily resides in Canada and is not a Norwegian citizen and only to the legislation of Norway in any other case.

ARTICLE 10

Government Employment

1. An employed person shall, in respect of the duties of a government employment performed in the territory of the other Party, be subject to the legislation of the latter Party only if he is a citizen of that Party or if he ordinarily resides in its territory. In the latter case, however, if the person who ordinarily resides in the territory of the latter Party is a citizen of the former Party, he shall be subject to the legislation of the latter Party only if he makes an election to that effect within six months from taking up those duties or within six months from the date of the entry into force of this Agreement, if he was already performing those duties on that date.

2. As regards the legislation of Norway, the provisions of this Article shall apply correspondingly to the spouse and children living with the employee in the territory of Canada, unless they themselves are subject to the legislation of Canada by reason of employment or self-employment.

3. A citizen of Norway who is employed in Canada as a personal servant of a person described in paragraph 1 who is employed in the service of the Government of Norway shall, in respect of that employment, be subject to the legislation of Norway unless he is ordinarily resident in Canada and elects to be subject to the legislation of Canada. The election shall be made within the time limits described in paragraph 1.

4. When the employed person is subject to the legislation of the Party in whose territory the duties are performed, the employer in question shall respect the requirements prescribed by that legislation for all other employers.

ARTICLE 11

Exceptions to the Provisions of Articles 6 to 10

The competent authorities of the two Parties may, by common agreement, modify the application of Articles 6 to 10 with respect to any persons or categories of persons.

ARTICLE 12

Definition of Certain Periods of Residence with Respect to the Legislation of Canada

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

(i) 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 residence in the territory of Norway, that period shall be accepted 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 Norway by reason of employment;

(ii) if a person is subject to the legislation of Norway during any period of residence in the territory of Canada, that period shall not be accepted as a period of residence in Canada for that person and for his spouse and 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;

(iii) if a person referred to in sub-paragraph (ii) of this Article also 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 III - PROVISIONS CONCERNING BENEFITS

CHAPTER I - TOTALIZING OF CREDITABLE PERIODS

ARTICLE 13

Principle of Totalizing

1. If a person is not entitled to a benefit on the basis of the periods creditable under the legislation of one Party, eligibility for that benefit shall be determined by totalizing these periods and the corresponding periods creditable under the legislation of the other Party, provided that the periods do not overlap.

2. In the application of paragraph 1 of this Article,

(i) a creditable period under the Old Age Security Act of Canada shall correspond to a period which is creditable under the legislation of Norway for purposes of a basic old age pension;

(ii) for purposes of the legislation of Norway, a creditable period under the Canada Pension Plan shall correspond to a period which is creditable under the legislation of Norway for purposes of a supplementary pension or of a basic disability or survivor's pension;

(iii) for purposes of the legislation oaf Canada, a period which is creditable under the legislation of Norway for purposes of a supplementary pension shall correspond to a period which is creditable under the Canada Pension Plan.

3. Notwithstanding the provisions of paragraph 1 of this Article, if the total duration of the creditable periods completed under the legislation of one Party is less than one year and if, taking into account only those periods, no right to a benefit exists under that legislation, the competent institution of that Party shall not be required to award benefits in respect of those periods by virtue of this Agreement.

4. If a person is not entitled to a benefit on the basis of periods credited under the legislation of the two Parties, totalized as provided in this Agreement, eligibility for that benefit shall be determined by totalizing these periods with periods credited under the legislation of a third State with which both Parties are bound by a social security agreement which contains rules on totalizing of creditable periods.

CHAPTER 2 - BENEFITS PAYABLE UNDER THE LEGISLATION OF CANADA

ARTICLE 14

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 Agreement, 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 territory of Canada and creditable periods under the legislation of Norway, when totalized as provided in Article 13, 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 territory of Canada and creditable periods under the legislation of Norway, when totalized as provided in Article 13, 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 a spouse's allowance, exclusively on the basis of the periods creditable under that legislation.

3. (a) Notwithstanding any other provision of this Agreement, the competent institution of Canada shall not be liable to pay an Old Age Security pension outside the territory of Canada unless the periods of residence in the territory of Canada and creditable periods under the legislation of Norway, when totalized as provided in Article 13, 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 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 15

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 pennon, 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 13, the competent institution of Canada shall calculate the amount of the earrings-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 position 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 minimum qualifying period for entitlement to that benefit under the Canada Pension Plan.

2. No benefit shall, however, be paid under this Article unless the contributor has reached an age at which his contributory period, as defined in the Canada Pension Plan, is at least equal to the minimum qualifying period under the legislation of Canada for entitlement to the benefit in question.

CHAPTER 3 - BENEFITS PAYABLE UNDER THE LEGISLATION OF NORWAY

Sub-Chapter A - Old Age Pension (alderspensjon)

ARTICLE 16

Entitlement to an Old age Pension

1. For purposes of determining entitlement, to a basic pension (grunnpensjon), creditable periods completed under the legislation of Canada and creditable periods completed under the legislation of Norway shall, if necessary, be totalized as provided in Article 13.

2. For entitlement to a supplementary pension (tilleggspensjon), creditable periods completed under the Canada Pension Plan and pension point years completed under the legislation of Norway shall, if necessary, be totalized as provided in Article 13.

ARTICLE 17

Calculation of an Old Age Pension

An old age pension shall be calculated exclusively on the basis of creditable periods completed and pension points credited under Norwegian legislation.

Sub-Chapter B - Disability Pension (uforepensjon)

ARTICLE 18

Entitlement to a Disability Pension

1. (a) For purposes of determining entitlement to a basic pension, creditable periods completed under the Canada Pension Plan and creditable periods completed under the legislation of Norway shall, if necessary, be totalized as provided in Article 13.

(b) For entitlement to a supplementary pension, creditable periods completed under the Canada Pension Plan and pension point years completed under the legislation of Norway shall, if necessary, be totalized as provided in Article 13.

2. The conditions in Norwegian legislation requiring that the person concerned must be currently insured and that a certain period of insurance must have been completed immediately before a claim for a disability pension is made shall, if necessary, be considered satisfied where the person concerned is subject to and has completed corresponding creditable periods under the Canada Pension Plan before the onset of the disability.

ARTICLE 19

Calculation of a Disability Pension

1. If entitlement to a disability pension exists under Norwegian legislation, the disability pension shall be calculated exclusively in accordance with the provisions of Norwegian legislation.

2. If entitlement to a disability pension exists only by virtue of the provisions of this Agreement, the disability pension in the form of basic pension (grunnpensjon) shall be calculated on the basis of insurance periods taken into account under Norwegian legislation. Future insurance periods shall be taken into account only to an extent which corresponds to the relation between the actual periods of insurance and the full earning period of 40 years specified under Norwegian legislation.

3. (a) The provisions of paragraph 2 of this Article shall apply correspondingly to the calculation of the supplementary pension, subject to using pension point years instead of insurance periods.

(b) Future pension point years shall be taken into account only if the conditions specified in Norwegian legislation are satisfied. The conditions in Norwegian legislation requiring that pension points must have been credited during a certain period preceding the disability shall, if necessary, be considered satisfied by corresponding creditable periods completed under the Canada Pension Plan.

(c) The annual pension point figure for the future pension point years to be taken into account shall be equal to the average figure for the years during which the person concerned has been credited with pension points under Norwegian legislation.

ARTICLE 20

Conversion into an Old Age Pension

A disability pension shall be converted into an old age pension in accordance with the provisions of Norwegian legislation when the person concerned reaches the general retirement age.

Sub-Chapter C - Survivor's Pension (etterlattepensjon)

ARTICLE 21

1. The provisions of Articles 18, 19 and, 20 shall apply correspondingly to survivor's pensions.

2. The conditions in Norwegian legislation requiring that the deceased must be insured at the time of death and that a certain period of insurance must have been completed immediately before the time of death shall, if necessary, be considered satisfied where the deceased at the time of his death was subject to and had completed corresponding creditable periods under the Canada Pension Plan.

Sub-Chapter D - Provisions Common to Sub-Chapters A, B and C

ARTICLE 22

Coinciding Creditable Periods

To the extent that future insurance periods or future pension point years taken into account for the calculation of a pension under the legislation of Norway coincide with corresponding creditable periods taken into account for the calculation of a benefit under the legislation of Canada, the latter periods shall not be taken into account for the calculation of a pension under the legislation of Norway.

ARTICLE 23

Transitional Provisions

1. With regard to the reduced number of pension point years required for the calculation of a full supplementary pension for persons born before 1937, the conditions in Norwegian legislation regarding periods of residence in Norway applicable to persons other than Norwegian nationals shall continue to apply, notwithstanding the provisions of Article 4.

2. The supplementary pension calculated on the basis of such a reduced period shall be payable only to persons residing in the territories of Norway and Canada.

3. With regard to a basic pension based an insurance periods before 1 January 1967 under the legislation of Norway, the rules in that legislation on taking these periods into account shall continue to apply in the case of persons staying or residing in the territory of Canada.

ARTICLE 24

Compensation Supplement (kompensasjonstillegg)

Compensation supplement shall be payable only to persons resident in the territory of Norway.

Sub-Chapter E - Other Benefits

ARTICLE 25

Basic Benefits, Attendance Benefits and Child Care Benefits

1. Basic benefit (grunnstønad), attendance benefit (hjelpestønad) and child care benefit (stønad til barnetilsyn) shall be provided only on the conditions specified in Norwegian legislation.

2. The provisions of paragraph 1 of Article 5 shall not apply to the benefits referred to in paragraph 1 of this Article. These benefits shall be payable to persons who reside or stay in the territory of Canada only on the conditions specified in Norwegian legislation which apply to Norwegian nationals who reside or stay outside the territory of Norway.

PART IV - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

ARTICLE 26

Mutual Assistance

1. The competent authorities and institutions responsible for the application of this Agreement:

(a) shall lend their good offices and furnish assistance to one another with regard to any matter relating to the application of this Agreement as if the matter were affecting the application of their own legislation;

(b) shall communicate to each other, as soon as possible, information about the measures taken by them which will substantially affect the application of this Agreement or about changes in their respective legislation insofar as these changes affect the application of this Agreement.

2. The assistance referred to in sub-paragraph 1.(a) of this Article shall be provided free of charge, subject to any agreement reached between the competent authorities of the two Parties for the reimbursement of certain types of expenses.

3. Unless disclosure is required under the laws of a Party, any information about an individual which is transmitted in accordance with this Agreement to that Party by the other Party is confidential and shall be used only for purposes of implementing this Agreement and the legislation to which this Agreement applies and for no other purpose.

ARTICLE 27

Administrative Arrangement

1. An administrative arrangement, agree to by the competent authorities of the two Parties, shall set out, as required, the conditions under which this Agreement shall be implemented.

2. The liaison agencies of the Parties shall be designated in that arrangement.

ARTICLE 28

Exemption from Taxes, Fees and Authentication

1. Any exemption from or reduction of taxes, legal dues, consular fees or administrative charges for which provision is made in the legislation of one Party in connection with the issuing of any certificate or document required to be produced for the application of that legislation shall be extended to certificates or documents required to be produced for the application of the legislation of the other Party.

2. Any acts or documents of an official nature required to be produced for the application of this Agreement shall be exempt from any authentication by diplomatic or consular authorities or similar formality.

ARTICLE 29

Communications

1. For the application of this Agreement, the competent authorities and institutions of the two Parties may communicate directly with one another and with the individuals concerned in any of the official 1anguages of either Party. They may also, if necessary, communicate through their diplomatic and consular channels.

2. Any claim which is made to a competent authority or institution of a Party in connection with the application of this Agreement shall be dealt with even if written in an official language of the other Party.

ARTICLE 30

Presentation of Claims, Communications or Appeals within Prescribed Period

1. Any claim, notice or appeal which should, for the purposes of the legislation of one Party, have been presented within a prescribed period to a competent authority or institution of that Party, but which is presented within the same period to a competent authority or institution of the other Party, shall be treated as if it has been presented to the authority or institution of the first Party.

2. A claim for a benefit payable under the legislation of one Party shall be deemed to be a claim for the corresponding benefit payable under the legislation of the other Party, unless the applicant explicitly requests that his claim to the benefit of the other Party be delayed.

3. In any case to which the preceding paragraphs of this Article apply, the authority or institution to which the claim, notice, or appeal has been submitted shall transmit it without delay to the authority or institution of the other Party.

ARTICLE 31

Mode of Payment and Provisions on Currency

1. The competent institution of a Party shall pay its benefits directly to the persons entitled thereto in the currency of that Party.

2. Benefits shall be paid to beneficiaries free from deductions for administrative expenses or other expenses that may be incurred in paying the benefits.

ARTICLE 32

Disputes

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.

ARTICLE 33

Understandings Between Norway and Provinces of Canada

The competent authority of Norway and the relevant authority of a province of Canada may conclude understandings concerning any social security matter within provincial jurisdiction in Canada insofar as those understandings are not inconsistent with the provisions of this Agreement.

PART V - TRANSITIONAL AND FINAL PROVISIONS

ARTICLE 34

1. Any creditable period established before the date of entry into force of this Agreement shall be taken into account for the purpose of determining the right to a benefit under the Agreement.

2. No provision of this Agreement shall confer any right to receive payment of a benefit for a period before the date of entry into force of the Agreement.

3. Subject to the other provisions of this Article, a benefit, other than a death benefit or a funeral grant, shall be payable under this Agreement in respect of events which happened before the date of entry into force of the Agreement.

4. Unless otherwise provided in this Agreement, a benefit which has been withheld because a person is resident in the territory of the other Party shall, on application by the person concerned, be granted or re-established with effect from the date of entry into force of this Agreement.

5. A benefit which has been approved before the entry into force of this Agreement shall, on application by the person concerned, be recalculated in accordance with its provisions. The recalculation of such a benefit may also be made by the competent authority or institution of a Party where no application has been made. Such recalculation shall not result in any reduction of a benefit.

6. Provisions in the legislation of a Party concerning prescription and termination of entitlement to benefits shall not apply to rights arising from this Agreement provided that the person concerned submits an application for benefits within two years of the date of entry into force of this Agreement.

ARTICLE 35

1. This Agreement shall enter into force, after the conclusion of the administrative arrangement referred to in Article 27, on the first day of the fourth month following the month in which each Party shall have received from the other Party written notification that it has complied with all statutory and constitutional requirements for the entry into force of this Agreement.

2. This Agreement shall remain in force without any limitation on its duration. It may be denounced at any time by either Party giving twelve months notice in writing to the other Party.

3. In the event of the termination of this Agreement, any right acquired by a person in accordance with its provisions shall be maintained and negotiations shall take place for the settlement of any rights then in course of acquisition by virtue of those provisions.

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

DONE in two copies at Oslo this 12th day of November, 1985, in English, French and Norwegian, each version being equally authentic.

JAKE EPP

For the Government of Canada

LEIF ARNE HELØE

For the Government of the Kingdom of Norway

FINAL PROTOCOL TO THE AGREEMENT ON SOCIAL SECURITY BETWEEN CANADA AND THE KINGDOM OF NORWAY

At the time of signing the Agreement on Social Security between Canada and the Kingdom of Norway, the undersigned have greed upon the following points:

1. With respect to sub-paragraph 1.(f) of Article 1,

(a) under Norwegian legislation, a calendar year for which pension points have been credited for the purpose of calculating a supplementary pension by virtue of employment or other gainful occupation, shall be regarded as a whole year when computing the creditable period for both basic and supplementary pensions, and

(b) under Canadian legislation, a period (during which a disability pension is payable under the Canada Pension Plan shall be regarded as a creditable period.

2. Unless otherwise provided in the Agreement, Article 4 shall not affect the provisions of the legislation of Norway concerning the insurance of persons who do not reside in the territory of Norway.

3. When a person who is not a Norwegian citizen performs duties in the territory of Norway in the service of the Government of Canada or as a personal servant of a person who is employed in the service of the Government of Canada, Article 4 shall not be applied. However, the provisions of the National Insurance Act of Norway concerning voluntary insurance shall be applicable.

4. In the application of paragraph 2 of Article 5, no account shall be taken of a social security agreement or comparable instrument between a Party and the third State in question.

5. For the purpose of applying the provisions of Article 7, the period of 36 months shall be counted from the date of the entry into force of the Agreement or the date on which the person is sent to work in the territory of the other Party, whichever is the later.

6. With respect to Article 7, unless otherwise provided in an understanding between the competent authority of Norway and the relevant authority of a province of Canada entered into pursuant to Article 33,

(a) a person who is sent by an employer, having a place of business in the territory of Norway to the territory of Canada shall be subject to all aspects of the National Insurance Act of Norway, including the provisions of that Act concerning benefits which are excluded from the scope of this Agreement in accordance with sub-paragraph l.(b)(i) of Article 2; and

(b) a person who is sent by an employer having a place of business in the territory of Canada to the territory of Norway and who is subject to the Canada Pension Plan shall also be subject to the National Insurance Act of Norway with respect to medical care benefits and cash benefits in case of sickness and maternity.

7. A person who is employed on an installation for the exploration for, and the exploitation of, natural submarine deposits on the Norwegian continental shelf shall be subject to the legislation of Norway unless he is subject to the legislation of Canada in respect of that employment by reason of Article 8 or Article 9.

8. When a Norwegian citizen performs duties in the territory of Canada in the service of the Government of Norway, the legislation of Norway shall apply to that person in respect of those duties unless that person has elected to be subject to the legislation of Canada pursuant to Article 10.

9. After the entry into force of the Agreement, the provisions of the second paragraph of Section 1-3 of the National Insurance Act of Norway concerning exemptions from the National Insurance Scheme shall no longer be applicable to persons to whom the Agreement applies.

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

DONE in two copies at Oslo this 12th day of November, 1985, in English, French and Norwegian, each version being equally authentic.

JAKE EPP

For the Government of Canada

LEIF ARNE HELØE

For the Government of the Kingdom of Norway

ADMINISTRATIVE ARRANGEMENT FOR THE IMPLEMENTATION OF THE AGREEMENT ON SOCIAL SECURITY BETWEEN CANADA AND THE KINGDOM OF NORWAY

Pursuant to Article 27 of the Agreement on Social Security between Canada and the Kingdom of Norway, concluded on November 12, 1985, the competent authorities:

for Canada,

the Minister of National Health and Welfare

for Norway,

the Ministry of Health and Social Affairs

have agreed on the following provisions:

PART I - DEFINITIONS AND GENERAL PROVISIONS

ARTICLE 1

Definitions

1. For the application of this Administrative Arrangement, "Agreement" means the Agreement on Social Security between Canada and the Kingdom of Norway, signed at Oslo on November 12, 1985.

2. Other terms will have the meaning given to them in the Agreement.

ARTICLE 2

Liaison Agencies

The following are designated as liaison agencies, pursuant to Article 27 of the Agreement:

for Canada:

International Operations Division,

Income Security Programs Branch,

Department of National Health and Welfare;

for Norway:

The National Insurance Administration (Rikstrygdeverket).

PART II - PROVISIONS CONCERNING THE APPLICABLE LEGISLATION

ARTICLE 3

Seconded Workers

1. In the case of a secondment under Article 7 or 8 of the Agreement, the institution mentioned in paragraph 2 or 3 of the Party whose legislation applies will, at the request of the employer or the employed person, issue a certificate of fixed duration certifying, in respect of the employment in question, that the employed person is subject to that legislation. The certificate will be given in an agreed form.

2. Where the legislation of Norway applies, the certificate mentioned in paragraph 1 will be issued by the National Insurance Office for Social Insurance Abroad (Folketrygdkontoret for utenlandssaker) and sent to the Accounting and Collections Division, Department of National Revenue, Taxation in Canada.

3. Where the legislation of Canada applies, the certificate mentioned in paragraph 1 will be issued by the Accounting and Collections Division, Department of National Revenue, Taxation and sent through the employer's representative in Norway to the local National Insurance Office (det lokale trygdekontor) in the manner described in the certificate.

4. The employed person in question and his employer will also be entitled to receive copies of the certificate.

ARTICLE 4

Government Employment

1. Where a person is employed in the territory of Norway and elects to be subject to the legislation of Norway in accordance with Article 10 of the Agreement, the employer will so inform the Oslo National Insurance Office (Oslo trygdekontor).

2. Where a person is employed in the territory of Canada and elects to be subject to the legislation of Canada in accordance with Article 10 of the Agreement, the employer will so inform the Accounting and Collections Division, Department of National Revenue, Taxation.

PART III - PROVISIONS CONCERNING BENEFITS

ARTICLE 5

Definition of Institution

For purposes of this Part, "institution" means, as regards Norway, the National Insurance Office for Social Security Abroad (Folketrygdkontoret for utenlandssaker) and, as regards Canada, the liaison agency of Canada.

ARTICLE 6

Processing an Application

1. The institution of one Party which receives an application for a benefit payable by the other Party will, without delay, send the application form to the institution of the other Party, indicating the date of receipt of the application.

2. The personal information regarding an individual contained in the application form will be duly certified by the institution of the first Party which will confirm that the information is corroborated by documentary evidence; the transmission of the form so certified will exempt the institution from sending the corroboratory documents. The type of information to which this paragraph applies will be agreed upon by the liaison agencies of the Parties.

3. In addition to the application form, the institution of the first Party will send to the institution of the other Party a liaison form which will indicate, in particular, the periods creditable under the legislation of the first Party.

4. On receipt of the liaison form, the institution of the other Party will, if requested by the institution of the first Party, add the information concerning the periods creditable under the legislation which it administers and will return the liaison form to the institution of the first Party.

5. The institution of the other Party will subsequently determine the applicant's eligibility-and notify both the applicant and the institution of the first Party of the benefits, if any, granted to the applicant.

ARTICLE 7

Medical Examinations

1. The institution of one Party will provide, upon request, to the institution of the other Party such medical information and documentation as are available concerning the disability of a claimant or beneficiary.

2. If the institution of one Party requires that a claimant or beneficiary who resides in the territory of the other Party undergo an additional medical examination, the institution of the latter Party, at the request of the institution of the first Party, will make arrangements for carrying out this examination according to the rules applied by the institution making the said arrangements and at the expense of the institution which requests the medical examination.

3. The amounts due as a result of applying the provisions of paragraph 2 of this Article will be reimbursed without delay on receipt of a detailed statement of the costs incurred.

PART IV - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

ARTICLE 8

Procedures and Forms

The liaison agencies of the Parties will agree upon joint procedures and forms necessary for the implementation of the Agreement and this Administrative Arrangement.

ARTICLE 9

Statistics

The liaison agencies of the Parties will exchange statistics on an annual basis, and in a form to be agreed upon, regarding the payments which each has made under the Agreement.

ARTICLE 10

Entry into Effect

This Administrative Arrangement will take effect on the date of entry into force of the Agreement and will have the same period of duration.

DONE in two copies at Oslo this 12^th day of November, 1985, in English, French and Norwegian, each version being equally authentic.

Jake Epp

FOR THE MINISTER OF NATIONAL HEALTH AND WELFARE OF CANADA

Leif Arne Heløe

FOR THE ROYAL NORWEGIAN MINISTRY OF HEALTH AND SOCIAL AFFAIRS