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Agreement on Social Security between Canada and the Commonwealth of Dominica [1989] CATSer 1 (1 January 1989)

ARTICLE I

Definitions

1. For the purposes of this Agreement,

(a) “Government of Canada” means the Government in its capacity as representative of Her Majesty the Queen in right of Canada and represented by the Minister of National Health and Welfare;

(b) “territory” means, as regards Canada, the territory of Canada; and, as regards Dominica, the territory of Dominica;

(c) “legislation” means the laws and regulations specified in Article II;

(d) “competent authority” means, as regards Canada, the Minister or Ministers responsible for the administration of the legislation of Canada; and, as regards Dominica, the Minister responsible for the subject of Social Security;

(e) “competent institution” means, as regards Canada, the competent authority; and, as regards Dominica, the Social Security Board;

(f) “creditable period" means a period of contributions, whether paid or credited, or a period of residence used to acquire the right to a benefit under the legislation of either Party; as regards Canada, it also means a period during which a disability pension is payable under the Canada Pension Plan;

(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; however, for the purposes of Articles VIII, IX and X, “benefit” does not include a grant payable under the legislation of Dominica.

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

ARTICLE II

Legislation to Which the Agreement Applies

1. This Agreement shall apply to the following legislation:

(a) with respect to Canada:

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

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

(b) with respect to Dominica:

the Social Security Act, 1975, and the regulations made thereunder, as they relate to:

(i) age benefit,

(ii) invalidity benefit,

(iii) survivors’ benefit, and

(iv) funeral grant.

2. With regard to Part II only, this Agreement shall apply to all aspects of the legislation of Dominica referred to in sub-paragraph 1(b).

3. Subject to paragraph 4, this Agreement shall apply also to any legislation which amends, supplements, consolidates or supersedes the legislation specified in paragraph 1.

4. This Agreement shall apply to laws or regulations which extend the existing legislation to other categories of beneficiaries only if no objection on the part of either Party has been communicated to the other Party within three months of notification of such laws or regulations.

ARTICLE III

Persons to Whom the Agreement Applies

This Agreement shall apply to any person who is or who has been subject to the legislation of Canada or Dominica, and to the dependants and survivors of such a person within the meaning of the applicable legislation of either Party.

ARTICLE IV

Equality of Treatment

Any person who is or who has been subject to the legislation of a Party, and the dependants and survivors of such a person, shall be subject to the obligations of the legislation of the other Party and shall be eligible for the benefits of that legislation under the same conditions as citizens of the latter Party. The preceding shall also apply to a citizen of the first Party, who has never been subject to the legislation that Party, and to the dependants and survivors of such a citizen.

ARTICLE V

Export of Benefits

1. Unless otherwise provided in this Agreement, benefits acquired by any person described in Article III 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 person resides in the territory of the other Party, and they shall be payable in the territory of the other Party.

2. Benefits payable under this Agreement to a person who is or who has been subject to the legislation of both Parties, or to the dependants or survivors of such a person, shall be payable in the territory of a third State.

PART II - PROVISIONS CONCERNING THE APPLICABLE LEGISLATION

ARTICLE VI

1. Subject to the following provisions of this Article,

(a) an employed person who works in the territory of one Party shall, in respect of that work, be subject only to the legislation of that Party; and

(b) a self-employed person who ordinarily resides in the territory of one Party and who works for his or her own account in the territory of the other Party or in the territories of both Parties shall, in respect of that work, be subject only to the legislation of the former Party.

2. An employed person who is covered under the legislation of one Party and who performs services in the territory of the other Party for the same employer shall, in respect of those services, be subject only to the legislation of the former Party as though those services were performed in its territory. In the case of an assignment, this coverage may not be maintained for more than twenty-four months without the prior consent of the competent authorities of both Parties.

3. A person who, but for this Agreement, 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 or she ordinarily resides in Canada and only to the legislation of Dominica in any other case.

4. 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 or she is a citizen thereof or ordinarily resides in its territory. In the latter case that person may, however, elect to be subject only to the legislation of the former Party if he or she is a citizen thereof. Article IV shall not apply to extend this right to elect to a person who is not a citizen of the former Party.

5. The competent authorities of the Parties may, by common agreement, modify the application of the provisions of this Article with respect to any persons or categories of persons.

ARTICLE VII

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

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

(a) 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 Dominica, that period shall be considered as a period of residence in Canada for that person as well as for that person’s spouse and dependants who reside with him or her and who are not subject to the legislation of Dominica by reason of employment;

(b) if a person is subject to the legislation of Dominica 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 and for that person’s spouse and dependents who reside with him or her 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 who is ordinarily resident in the territory of Dominica is present and employed in the territory of Canada and, in respect of that employment, is subject to the Canada Pension Plan or to the comprehensive pension plan of a province of Canada, the period of presence and employment in Canada shall be considered as a period of residence in Canada.

2. Sub-paragraph 1(c) shall apply only in respect of periods after the date of entry into force of this Agreement.

PART III - PROVISIONS CONCERNING BENEFITS

CHAPTER 1 - TOTALIZING

ARTICLE VIII

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 those specified in paragraphs 2 and 3, provided that the periods do not overlap.

2. (a) For purposes of determining eligibility for a benefit under the Old Age Security Act of Canada, a period of residence in the territory of Dominica, after the age at which periods of residence in Canada are creditable for purposes of that Act and after January 1, 1971, or a creditable period under the legislation of Dominica shall be considered as a period of residence in the territory of Canada.

(b) For purposes of determining eligibility for a benefit under the Canada Pension Plan, a calendar year including at least thirteen weeks which are creditable under the legislation of Dominica 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 under the legislation of Dominica,

(a) a year commencing on or after January 1, 1971 which is a creditable period under the Canada Pension Plan shall be considered as fifty-two weeks for which contributions have been paid under the legislation of Dominica;

(b) a week commencing on or after January 1, 1971 which is a creditable period under the Old Age Security Act of Canada and which is not part of a creditable period under the Canada Pension Plan shall be considered as a week for which contributions have been paid under the legislation of Dominica.

ARTICLE IX

If a person is not entitled to a benefit on the basis of the periods creditable under the legislation of the Parties, totalized as provided in this Agreement, eligibility for that benefit shall be determined by totalizing these periods and periods creditable under the laws of a third State with which both Parties are bound by an international social security instrument which provides for totalizing of periods.

ARTICLE X

1. 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.

2. These periods shall, however, be taken into consideration by the competent institution of the other Party to determine eligibility for benefits under the legislation of that Party through the application of Articles VIII and IX.

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, when totalized as provided in this Agreement, 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 paid outside the territory of Canada only to the extent permitted by the Old Age Security Act.

ARTICLE XII

Benefits Under the Canada Pension Plan

1. 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 the totalizing of periods as provided in this Agreement, 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 under that Plan.

2. (a) 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 fraction which represents the ratio of the periods of contributions to the Canada Pension Plan in relation to the minimum qualifying period required under the Canada Pension Plan for entitlement to that benefit.

(b) In no case, however, shall the fraction referred to in sub-paragraph (a)(ii) exceed the value of one.

CHAPTER 3 - BENEFITS UNDER THE LEGISLATION OF DOMINICA

ARTICLE XIII

1. If a person is not entitled to an age pension, an invalidity pension or a survivors’ pension solely on the basis of the periods creditable under the legislation of Dominica, but is entitled to that benefit through the totalizing of periods as provided in this Agreement, the competent institution of Dominica shall calculate the amount of benefit payable in the following manner:

(a) it shall first determine the amount of the theoretical benefit which would be payable under the legislation of Dominica solely on the basis of the creditable periods completed under that legislation;