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Agreement on Social Security between Canada and Antigua and Barbuda [1994] CATSer 1 (1 January 1994)

E102201 - CTS 1994 No. 6

AGREEMENT ON SOCIAL SECURITY BETWEEN CANADA AND ANTIGUA AND BARBUDA

THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF ANTIGUA AND BARBUDA,

RESOLVED to co-operate in the field of social security,

HAVE DECIDED to conclude an agreement for this purpose, and

HAVE AGREED as follows:

PART I - GENERAL PROVISIONS

ARTICLE I

Definitions

1. For the purposes of this Agreement:

“benefit” means, as regards a Party, any cash benefit, pension or allowance for which provision is made in the legislation of that 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 Antigua and Barbuda;

“competent authority” means, as regards Canada, the Minister or Ministers responsible for the application of the legislation of Canada; and, as regards Antigua and Barbuda, the Minister responsible for the subject of Social Security;

“competent institution” means, as regards Canada, the competent authority; and, as regards Antigua and Barbuda, the Antigua and Barbuda Social Security Board;

“creditable period” means, as regards a Party, 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 that Party; as regards Canada, it also means a period during which a disability pension is payable under the Canada Pension Plan;

“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;

“legislation” means, as regards a Party, the laws and regulations specified in Article II, paragraph 1. with respect to that Party.

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

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 Antigua and Barbuda:

the Social Security Act 1972, 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 Antigua and Barbuda referred to in subparagraph 1(b).

3. Subject to paragraph 4, this Agreement shall also apply to laws and regulations which amend, supplement, consolidate or supersede the legislation specified in paragraph 1.

4. This Agreement shall apply to laws and regulations which extend the legislation of a Party to new categories of beneficiaries or to new benefits unless an objection on the part of that Party has been communicated to the other Party not later than 3 months following the entry into force of such laws and 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 Antigua and Barbuda, 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.

ARTICLE V

Export of Benefits

1. Unless otherwise provided in this Agreement, benefits payable under the legislation of a Party to any person described in Article Ill, 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 paid 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 paid in the territory of a third State.

PART II - PROVISIONS CONCERNING THE APPLICABLE LEGISLATION

ARTICLE VI

Rules Regarding Coverage

1. Subject to the following provisions of this Article:

(a) an employed person who works in the territory of a 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 a 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 first Party.

2. An employed person who is subject to the legislation of a 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 first 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 60 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, vessel or aircraft shall, in respect of that employment, be subject only to the legislation of Canada if he or she ordinarily resides in the territory of Canada and only to the legislation of Antigua and Barbuda 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 first Party if he or she is a citizen thereof.

5. The competent authorities of the Parties may, by common agreement, modify the application of the provisions of this Article with respect to any person 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 the amount of 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 Antigua and Barbuda, 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 Antigua and Barbuda by reason of employment;

(b) if a person is subject to the legislation of Antigua and Barbuda 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 dependants 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 Antigua and Barbuda 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 only for purposes of this Agreement.

2. Subparagraph 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

Periods under the Legislation of Canada

1. If a person is not entitled to the payment of a benefit because he or she has not accumulated sufficient creditable periods under the legislation of a Party, the entitlement of that person to the payment of 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 entitlement to the payment of a benefit under the Old Age Security Act of Canada, a creditable period under the legislation of Antigua and Barbuda, or a period of residence in the territory of Antigua and Barbuda after the age at which periods of residence in Canada are creditable for purposes of that Act and after April 2, 1973, shall be considered as a period of residence in the territory of Canada.

(b) For purposes of determining entitlement to the payment of a benefit under the Canada Pension Plan, a calendar year including at least 13 weeks of contributions under the legislation of Antigua and Barbuda shall be considered as a year for which contributions have been made under the Canada Pension Plan.

3. For purposes of determining entitlement to the payment of a benefit under the legislation of Antigua and Barbuda:

(a) when the calendar year 1973 is a creditable period under the Canada Pension Plan, it shall be considered as 39 weeks for which contributions have been paid under the legislation of Antigua and Barbuda;

(b) a calendar year commencing after April 2, 1973 which is a creditable period under the Canada Pension Plan shall be considered as 52 weeks of contributions under the legislation of Antigua and Barbuda;

(c) a week commencing on or after April 2, 1973 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 of contributions under the legislation of Antigua and Barbuda.

ARTICLE IX

Periods under the Legislation of a Third State

If a person is not entitled to the payment of a benefit on the basis of the creditable periods under the legislation of the Parties, totalized as provided in Article VIII, the entitlement of that person to the payment of that benefit shall be determined by totalizing these periods and creditable periods under the legislation of a third State with which both Parties are bound by social security instruments which provide for totalizing periods.

ARTICLE X

Minimum Period to be Totalized

Notwithstanding any other provision of this Agreement, if the total duration of the creditable periods accumulated by a person under the legislation of a Party is less than one year (52 weeks) 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 to that person in respect of those periods by virtue of this Agreement.

CHAPTER 2 - BENEFITS UNDER THE LEGISLATION OF CANADA

ARTICLE XI

Benefits under the Old Age Security Act

1. If a person is entitled to the payment of a pension or a spouse’s allowance solely through the application of the totalizing provisions of Chapter 1, the competent institution of Canada shall calculate the amount of the pension or spouse’s allowance payable to that person 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 of residence in Canada which may be considered under that Act.

2. Paragraph 1 shall also apply to a person who is entitled to the payment of a pension in Canada but who has not resided in Canada for the minimum period required by the Old Age Security Act for entitlement to the payment of a pension outside Canada.

3. Notwithstanding any other provision of this Agreement:

(a) an Old Age Security pension shall be paid to a person who is outside Canada only if that person’s periods of residence, when totalized as provided in Chapter 1, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for entitlement to the payment of a pension outside Canada; and

(b) a spouse’s allowance and a guaranteed income supplement shall be paid to a person who is outside Canada only to the extent permitted by the Old Age Security Act.

ARTICLE XII

Benefits under the Canada Pension Plan

If a person is entitled to the payment of a benefit solely through the application of the totalizing provisions of Chapter 1, the competent institution of Canada shall calculate the amount of benefit payable to that person in the following manner:

(a) the earnings-related portion of the benefit shall be determined in conformity with the provisions of the Canada Pension Plan, exclusively on the basis of the pensionable earnings under that Plan; and

(b) the flat-rate portion of the benefit shall be determined by multiplying:

(i) the amount of the flat-rate portion of the benefit determined in conformity with 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 that Plan to establish entitlement to that benefit, but in no case shall that fraction exceed the value of one.

CHAPTER 3 - BENEFITS UNDER THE LEGISLATION OF ANTIGUA AND BARBUDA

ARTICLE XIII

Calculating the Amount of Benefit Payable

1. If a person is not entitled to an age pension, an invalidity pension or a survivors’ pension solely on the basis of the creditable periods under the legislation of Antigua and Barbuda, but is entitled to that benefit through the application of the totalizing of periods as provided in this Agreement, the competent institution of Antigua and Barbuda 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 Antigua and Barbuda solely on the basis of the creditable periods completed under that legislation;

(b) it shall then multiply the theoretical benefit by the ratio that the creditable periods actually completed under the legislation of Antigua and Barbuda represent in relation to the minimum creditable period required under the legislation of Antigua and Barbuda for entitlement to the benefit in question.

2. The proportional benefit calculated in accordance with the provisions of paragraph 1 shall be the benefit payable by the competent institution of Antigua and Barbuda.

3. Notwithstanding any other provision of this Agreement, where an age grant, an invalidity grant or a survivors’ grant is payable under the legislation of Antigua and Barbuda, but eligibility for a corresponding pension under that legislation can be established through the application of this Agreement, the pension shall be paid in lieu of grant.

4. Where an age grant, an invalidity grant or a survivors’ grant was paid under the legislation of Antigua and Barbuda in respect of an event which happened before the date of entry into force of this Agreement, and where eligibility for a corresponding pension under that legislation is subsequently established through the application of this Agreement, the competent institution of Antigua and Barbuda shall deduct from any benefit payable in the form of a pension, any amount previously paid in the form of a grant.

PART IV - ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS

ARTICLE XIV

Administrative Arrangement

1. The competent authorities of the Parties shall establish, by means of an administrative arrangement, the measures necessary for the application of this Agreement.

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

ARTICLE XV

Exchange of Information and Mutual Assistance

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

(a) shall, to the extent permitted by the legislation which they administer, communicate to each other any information necessary for the application of this Agreement;

(b) shall lend their good offices and furnish assistance to one another with regard to the determination or payment of any benefit under this Agreement, or the legislation to which this Agreement applies, as if the matter involved the application of their own legislation; and

(c) shall communicate to each other, as soon as possible, all information about the measures taken by them for 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 subparagraph 1(b) shall be provided free of charge, subject to any provision contained in an administrative arrangement concluded pursuant to Article XIV for the reimbursement of certain types of expenses.

3. Unless disclosure is required under the laws of a Party, any information about a person 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.

ARTICLE XVI

Exemption or Reduction of Taxes, Dues, Fees or Charges

1. Any exemption from or reduction of taxes, legal dues, consular fees or administrative charges for which provision is made in the legislation of a 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 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 and similar formality.

ARTICLE XVII

Language of Communication

For the application of this Agreement, the competent authorities and institutions of the Parties may communicate directly with one another in any official language of either Party.

ARTICLE XVIII

Submitting Claims, Notices or Appeals

1. Any claim, notice or appeal concerning the determination or payment of a benefit under the legislation of a Party which should, for the purposes of that legislation, 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 an authority or institution of the other Party, shall be treated as if it had been presented to the competent authority or institution of the first Party.

2. Subject to the second sentence of this paragraph, a claim for a benefit under the legislation of a Party made after the date of entry into force of this Agreement shall be deemed to be a claim for the corresponding benefit under the legislation of the other Party, provided that the applicant:

(a) requests that it be considered an application under the legislation of the other Party, or

(b) provides information at the time of application indicating that creditable periods have been completed under the legislation of the other Party.

The foregoing sentence, however, shall not apply if the applicant requests that his or her claim to the benefit of the other Party be delayed.

3. In any case to which paragraph 1 or 2 applies, 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 XIX

Payment of Benefits

1. (a) The competent institution of Canada shall discharge its obligations under this Agreement in the currency of Canada.

(b) The competent institution of Antigua and Barbuda shall discharge its obligations under this Agreement:

(i) in respect of a beneficiary resident in Antigua and Barbuda, in the currency of Antigua and Barbuda;

(ii) in respect of a beneficiary resident in Canada, in the currency of Canada; and

(iii) in respect of a beneficiary resident in a third State, in any currency freely convertible in that State.

2. In the application of subparagraphs 1(b)(ii) and (iii), the conversion rate shall be the rate of exchange in effect on the day when the payment is made.

3. Benefits shall be paid to beneficiaries free from any deduction for administrative expenses that may be incurred in paying the benefits.

ARTICLE XX

Resolution of Difficulties

The competent authorities of the 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 XXI

Understandings with a Province of Canada

The relevant authority of Antigua and Barbuda and 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 XXII

Transitional Provisions

1. Any creditable period completed 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 paragraph 2, a benefit, other than a lump sum payment, shall be paid under this Agreement in respect of events which happened before the date of entry into force of the Agreement.

ARTICLE XXIII

Entry into Force and Termination

1. This Agreement shall enter into force 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 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 12 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 Ottawa, this 2nd day of September, 1992, in the English and French languages, each text being equally authentic.

Benoît Bouchard

FOR THE GOVERNMENT OF CANADA

Deborah-Mae Lovell

FOR THE GOVERNMENT OF ANTIGUA AND BARBUDA

ADMINISTRATIVE ARRANGEMENT FOR THE IMPLEMENTATION OF THE AGREEMENT ON SOCIAL SECURITY BETWEEN CANADA AND ANTIGUA AND BARBUDA SIGNED AT OTTAWA ON SEPTEMBER 2ND, 1992

Pursuant to Article XIV of the Agreement on Social Security between Canada and Antigua and Barbuda, signed at Ottawa on September 2nd, 1992, the competent authorities:

for Canada

the Minister of National Health and Welfare

for Antigua and Barbuda

the Minister responsible for the subject of Social Security

have agreed on the following provisions:

PART I - GENERAL PROVISIONS

PARAGRAPH 1

Definitions

1. For the purposes of this Administrative Arrangement, “Agreement” means the Agreement on Social Security between Canada and Antigua and Barbuda, signed at Ottawa on September 2nd, 1992.

2. Any other term will have the meaning given to it in the Agreement.

PARAGRAPH 2

Liaison Agencies

Pursuant to Article XIV of the Agreement, the following are designated as liaison agencies:

for Canada:

International Operations Division,

Income Security Programs Branch,

Department of National Health and Welfare;

for Antigua and Barbuda:

Antigua and Barbuda Social Security Board.

PART II - PROVISIONS CONCERNING THE APPLICABLE LEGISLATION

PARAGRAPH 3

1. The following are designated as “institutions” for the purposes of this paragraph:

(a) where the legislation of Canada applies, the Source Deductions Division, Department of National Revenue, Taxation;

(b) where the legislation of Antigua and Barbuda applies, the Antigua and Barbuda Social Security Board.

2. In cases involving assignments, elections or modifications, as provided for in paragraphs 2, 4 and 5, respectively, of Article VI of the Agreement, the institution of the Party whose legislation applies will, on request, issue a certificate of fixed duration certifying, in respect of the work in question, that the employed person and that person’s employer are subject to that legislation.

3. (a) The consent referred to in paragraph 2 of Article VI of the Agreement must be requested before the end of the current term of coverage.

(b) The election referred to in paragraph 4 of Article VI of the Agreement must be made by giving notice thereof within 6 months after the duties are undertaken or, if the employed person is already performing the duties at the date of the entry into force of the Agreement, within 6 months after that date.

(c) Such requests and notices must be directed to the institution of the Party whose legislation is to apply.

4. In the case of government employment described in paragraph 4 of Article VI of the Agreement, the employer in question will respect all the requirements prescribed for all other employers by the applicable legislation.

5. The certificates referred to in subparagraph 2 will be issued on forms that are acceptable to the institution of the other Party. The employed person in question as well as that person’s employer and the institution of the other Party will be entitled to receive a copy.

PART III - PROVISIONS CONCERNING BENEF1TS

PARAGRAPH 4

Processing an Application

1. If the liaison agency of a Party receives a claim for a benefit under the legislation of the other Party, it will, without delay, send the claim to the liaison agency of the other Party.

2. Along with the claim, the liaison agency of the first Party will also transmit any documentation available to it which may be necessary for the competent institution of the other Party to establish the entitlement of the claimant to the benefit. In the case of a claim for a benefit under the Old Age Security Act of Canada, this documentation will include, to the extent possible, certification of those periods of residence in the territory of Antigua and Barbuda which are not also creditable periods under the legislation of Antigua and Barbuda.

3. The personal information regarding an individual contained in the claim will be duly certified by the liaison agency 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 liaison agency from sending the corroboratory documents. The type of information to which this subparagraph applies will be agreed upon by the liaison agencies of the Parties.

4. In addition to the claim and documentation referred to in subparagraphs1 and 2, the liaison agency of the first Party will send to the liaison agency of the other Party a liaison form which will indicate, in particular, the creditable periods under the legislation of the first Party. The liaison agencies of the Parties will, by common agreement, prescribe the liaison forms which each will use for this purpose.

5. The competent institution of the other Party will subsequently determine the claimant’s eligibility and, through its liaison agency, notify the liaison agency of the first Party of the benefits, if any, awarded to the claimant.

6. The liaison agencies of the Parties will, by common agreement, prescribe the forms on which a claim described in subparagraph 1 may be submitted. The liaison agency of a Party may refuse to accept a claim for a benefit under the legislation of the other Party if that claim is not submitted on the prescribed form.

PARAGRAPH 5

Medical Examinations

1. The liaison agency of a Party will, to the extent permitted by the legislation which it administers, provide, upon request, to the liaison agency of the other Party such medical information and documentation as are available concerning the disability of a claimant or beneficiary.

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

3. On receipt of a detailed statement of the costs incurred, the liaison agency of the first Party will, annually, reimburse the liaison agency of the other Party for the amounts due as a result of applying the provisions of subparagraph 2.

PARAGRAPH 6

Special Provisions Concerning Persons Employed in Canada Under the Commonwealth Caribbean Seasonal Agricultural Workers Program

1. For purposes of applying subparagraph 1(c) of Article VII of the Agreement in respect of a person employed in Canada under the Commonwealth Caribbean Seasonal Agricultural Workers Program under the Immigration Act, 1976 (Canada) or any program of like intent which will replace or supersede that program, the competent institution of Antigua and Barbuda will maintain, for each such person, a record of that person’s date of departure from the territory of Antigua and Barbuda and that person’s date of return to the territory of Antigua and Barbuda.

2. When, for purposes of determining a person’s entitlement to a benefit under the Old Age Security Act, the competent institution of Canada requires the information in the record to which reference is made in subparagraph 1, the liaison agency of Antigua and Barbuda will provide the liaison agency of Canada a certified copy of the record pertaining to that person.

PARAGRAPH 7

Exchange of Statistics

The competent institutions of the Parties will exchange statistics on an annual basis regarding the payments which each has made under the Agreement. These statistics will include data on the number of beneficiaries and the total amount of benefits paid, by type of benefit.

PART IV - MISCELLANEOUS PROVISIONS

PARAGRAPH 8

Forms and Detailed Procedures

Subject to this Administrative Arrangement, the liaison agencies of the Parties will agree on the forms and detailed procedures necessary to implement the Agreement.

PARAGRAPH 9

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 Ottawa, this 2nd day of September, 1992 in the English and French languages, each text being equally authentic.

Benoît Bouchard

FOR THE COMPETENT AUTHORITY OF CANADA

Deborah-Mae Lovell

FOR THE COMPETENT AUTHORITY OF ANTIGUA AND BARBUDA