SCHEDULE
Exchange of letters
constituting an agreement between the Government of Canada and the Government
of the United Kingdom of Great Britain and Northern Ireland establishing the
terms and conditions of reciprocity in social security between Canada and
Jersey and Canada and Guernsey
[Letter No. 1]
5 February 1993
The Honourable
Benoît Bouchard, P.C., M.P.
Minister of National
Health and Welfare
Jeanne Mance Building
Ottawa, Ontario
K1A OK9
Dear Minister,
As you know, our
officials, with officials from Jersey and Guernsey, have been considering the
conclusion of an Agreement on Social Security between the United Kingdom of
Great Britain and Northern Ireland, on behalf of Jersey and Guernsey, and
Canada.
The Government of the
United Kingdom, with the concurrence of the States of Jersey and of the States
of Guernsey, proposes an Agreement on Social Security between the United
Kingdom, on behalf of Jersey and Guernsey, and Canada, solely in accordance
with the terms and conditions specified in the Schedule to this letter.
The Government of the
United Kingdom, with the concurrence of the States of Jersey and of the States
of Guernsey, also proposes that –
(i) each
Government shall notify the other in writing through the diplomatic channel
when it has complied with all statutory requirements for the entry into force
of the Agreement on Social Security between the United Kingdom, on behalf of
Jersey and Guernsey, and Canada contained in the Schedule to this Letter. The
Agreement shall enter into force on the first day of the fourth month following
the date of the later of the notifications;
(ii) the
Agreement shall remain in force without any limitation on its duration; it may
be denounced at any time, insofar as it applies to one or more of Jersey,
Guernsey or Canada, by –
(a) the Government of the
United Kingdom, with the concurrence of either or both of the States of Jersey
or of the States of Guernsey, as the case may be, or
(b) the Government of
Canada
giving twelve
months’ notice of termination in writing to the other Government; and,
(iii) in
the event of the termination of the Agreement, whether in whole or in part, any
right acquired by a person in accordance with its provisions shall be
maintained and negotiations shall take place between the Parties concerned for
the settlement of any rights then in course of acquisition by virtue of its
provisions.
The Government of the
United Kingdom, with the concurrence of the States of Jersey and of the States
of Guernsey, further proposes that the English-language text of this letter and
its Schedule, and the French-language text attached hereto, shall be equally
authoritative.
If the foregoing
proposals are acceptable to the Government of Canada, I have the honour to
suggest that this letter and the Schedule annexed thereto, together with your
reply to that effect, shall constitute an Agreement between the two Governments
on this matter which shall enter into force as in (i) above.
I avail myself of this
opportunity to renew to Your Excellency the assurance of my highest
consideration.
Yours sincerely,
“Nicholas
Bayne”
Nicholas Bayne
[Letter No. 2]
|
Minister
of National Health and Welfare
|
|
Ministre de la Santé nationale et du
Bien-être social
|
Ottawa, K1A OK9
February 12, 1993
His Excellency Sir
Nicholas P. Bayne, KCMG
High Commissioner for the
United Kingdom in Canada
80 Elgin Street
Ottawa, Ontario
K1P 5K7
Dear High Commissioner:
I have the honour to
acknowledge receipt of your letter of February 5, 1993, which reads as
follows:
(the letter here sets out
the text of No. 1)
I have the honour to
inform you that the proposals outlined in your letter are acceptable to the
Government of Canada.
Consequently, your letter
and the Schedule annexed thereto, together with this reply, which are all
equally authentic in English and French, shall constitute an Agreement between
the Government of Canada and the Government of the United Kingdom of Great
Britain and Northern Ireland establishing the terms and conditions of
reciprocity in social security between Canada and Jersey and Canada and
Guernsey.
Yours sincerely,
“Benoît Bouchard”
Benoît Bouchard
SCHEDULE
TO THE LETTER OF 5
FEBRUARY 1993 FROM THE HIGH COMMISSIONER FOR THE UNITED KINGDOM IN CANADA
TO THE MINISTER OF NATIONAL HEALTH AND WELFARE
____________
AGREEMENT
ON SOCIAL SECURITY BETWEEN JERSEY, GUERNSEY AND CANADA
The Parties to this Agreement, namely Jersey, Guernsey and Canada,
Being 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 1 Definitions
(1) For
the purpose of this Agreement:
“benefit”
means, in relation to a Party, any cash benefit, pension or allowance for which
provision is made in the legislation of that Party and includes any increases
applicable to such a cash benefit, pension or allowance;
“competent
authority” means, in relation to Jersey, the Social Security Committee of
the States of Jersey; in relation to Guernsey, the States of Guernsey Insurance
Authority; and, in relation to Canada, the Minister or Ministers responsible
for the application of the legislation of Canada;
“contribution
period” means, in relation to Jersey and Guernsey, a period in respect of
which contributions appropriate to the benefit in question are payable, have
been paid or treated as paid under the legislation concerned;
“creditable
period” means, in relation to Jersey or Guernsey, a contribution period
or an equivalent period; and, in relation to Canada, a period of contributions
or residence used to acquire the right to a benefit under the legislation of
Canada, and includes a period during which a disability pension is payable
under the Canada
Pension Plan;
“dependant”
means, in relation to Jersey and Guernsey, a person who would be treated as
such for the purpose of any claim for an increase of benefit in respect of a
dependant under the legislation concerned;
“equivalent
period” means, in relation to Jersey and Guernsey, a period for which
contributions appropriate to the benefit in question have been credited under
the legislation concerned;
“Guernsey”
means the Islands of Guernsey, Alderney, Herm and Jethou;
“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;
“Jersey” means
the Island of Jersey;
“legislation”
means, in relation to a Party, such of the legislation specified in Article 2
as applies in the territory of that Party;
“Party” means
Jersey or Guernsey, as the case may be, or Canada.
(2) Any
term not defined in this Article has the meaning assigned to it in the
applicable legislation.
(3) Any
reference in this Agreement to “Article” means an Article of this
Agreement, and any reference to a “paragraph” is a reference to a paragraph
of the Article in which the reference is made, unless it is stated to the
contrary.
Article 2 Legislation
to Which the Agreement Applies
(1) The
provisions of this Agreement shall apply to the following legislation:
(a) in
relation to Jersey, the Social Security (Jersey)
Law 1974, as it applies to
old age pension, widow’s benefits, sickness benefit, invalidity benefit,
disablement benefit and death grant;
(b) in
relation to Guernsey, the Social Insurance (Guernsey) Law 1978, as it applies to old age pension,
widow’s benefit, sickness benefit, invalidity benefit, industrial injury
benefit, industrial disablement benefit and death grant; and
(c) in
relation to Canada:
(i) the Old Age
Security Act and the regulations made thereunder, and
(ii) the
Canada
Pension Plan and the regulations made
thereunder.
(2) Subject
to paragraphs (3) and (4), this Agreement shall also apply to the laws and
regulations which amend, supplement, consolidate or supersede the legislation
specified in paragraph (1).
(3) This
Agreement shall apply, unless the Parties agree otherwise, only to benefits
under the legislation specified in paragraph (1) at the date of coming
into force of this Agreement.
(4) Subject
to the provisions of Article 9, this Agreement shall not apply to any
instrument on social security with a third State to which Jersey, Guernsey or
Canada are party or to any laws or regulations which amend the legislation
specified in paragraph (1) for the purpose of giving effect to such an
instrument. However, nothing in this Agreement shall prevent Jersey, Guernsey
or Canada taking into account under its legislation the provisions of any other
instrument to which Jersey, Guernsey or Canada are party.
Article 3 Persons
to Whom the Agreement Applies
This Agreement shall
apply to any person who is or who has been subject to the legislation of any
Party, and to the dependants and survivors of such a person within the meaning
of the applicable legislation of any Party.
Article 4 Equality
of Treatment
Any person who is or who
has been subject to the legislation of any Party, and the dependants and
survivors of such a person, shall, while in the territory of any other Party,
be subject to the obligations of the legislation of either of the other Parties
and shall be eligible for the benefits of that legislation under the same
conditions as a person subject to the legislation of that other Party.
Article 5 Export
of Benefits
(1) Unless
otherwise provided in this Agreement, benefits payable under the legislation of
a Party to any person described in Article 3, 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 another Party, and they shall
be paid in the territory of that other Party.
(2) Benefits
payable under this Agreement to a person who is or who has been subject to the
legislation of more than one Party, or to the dependants or survivors of such a
person, shall be paid in the territory of a third State.
PART II
PROVISIONS RELATING TO THE
APPLICABLE LEGISLATION
Article 6 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 another Party or in the
territories of two or all 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 another Party for the same employer shall, in
respect of the continuation of the performance of those services, be subject
only to the legislation of the former Party as though those services were
performed in its territory, provided that the detached employment does not last
for more than 36 months. In the case of such a detachment, this coverage may be
maintained for more than 36 months only with the prior consent of the competent
authorities of both Parties concerned.
(3) A
person who, but for this Agreement, would be subject to the legislation of more
than one Party 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 the
Party in which he or she is ordinarily resident.
(4) The
competent authorities of the Parties concerned may, by common agreement between
any two or more of them, modify the application of the provisions of this Article
with respect to any person or categories of persons.
Article 7 Definition
of Certain Periods of Residence with Respect to the Legislation of Canada
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 another Party, 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 another Party by reason of employment; and
(b) if a person
is subject to the legislation of another Party 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 the comprehensive pension plan of a
province of Canada by reason of employment.
PART III
PROVISIONS RELATING TO
BENEFITS
CHAPTER
1
TOTALIZING
Article 8 Creditable
Periods under the Legislation of Jersey, Guernsey and 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) to (5)
provided that the periods do not overlap.
(2) For
the purposes of determining entitlement under the legislation of Jersey:
(a) to
old age pension or widow’s benefits, a year which is a creditable period
under the Canada Pension Plan shall be considered
as an annual contribution factor of 1.00; and
(b) to
old age pension, a week 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 weekly contribution factor of 0.0193.
(3) For
the purposes of determining entitlement under the legislation of Guernsey:
(a) to
old age pension or widow’s benefit, a year which is a creditable period
under the Canada Pension Plan shall be considered
as 52 weeks of contributions; and
(b) to
old age pension, a week 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.
(4) For
the purposes of determining entitlement under the legislation of Canada:
(a) to a
benefit under the Old Age Security Act, a creditable period under the
legislation of another Party, or a period of residence in the territory of
another Party after the age at which periods of residence in Canada are
creditable for purposes of that Act, shall be considered as a period of
residence in the territory of Canada; and
(b) to a
benefit under the Canada Pension Plan, a
contribution year including an annual contribution factor of at least 0.25
under the legislation of Jersey, or at least 13 weeks of contributions under
the legislation of Guernsey, shall be considered as a year for which
contributions have been made under the Canada Pension Plan.
(5) For
the purposes of applying the provisions of Article 14, the competent
authority of Jersey or Guernsey shall take account only of creditable periods
completed under the legislation of any Party which would be taken into account
for the determination of pensions under the legislation of Jersey or Guernsey
if they were completed under the appropriate legislation and shall, where
appropriate, take into account in accordance with that legislation creditable
periods completed by a spouse, or former spouse, as the case may be.
Article 9 Periods
under the Legislation of a Third State
Notwithstanding the
provisions of paragraph (4) of Article 2, 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 8,
entitlement 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 either Jersey or Guernsey, as the case may be, and Canada are bound
by social security instruments which provide for totalizing periods.
Article 10 Minimum
period to be Totalized
Notwithstanding any other
provision of this Agreement, if the total duration of the creditable periods
accumulated under the legislation of a Party is less than 52 weeks and if,
taking into account only those periods, no right to a benefit exists under that
legislation, the competent authority of that Party shall not be required to
award benefits in respect of those periods by virtue of this Agreement.
CHAPTER
2
BENEFITS
UNDER THE LEGISLATION OF CANADA
Article 11 Benefits
under the Old Age Security Act
(1) If
a person is entitled to a pension or a spouse’s allowance solely through
the application of the totalizing provisions of Articles 8 and 9, the
competent authority 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 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 a pension outside Canada.
(3) Notwithstanding
any other provision of this Agreement:
(a) the
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 Articles 8
and 9, are at least equal to the minimum period of residence in Canada required
by the Old Age Security Act for entitlement to a pension outside Canada; and
(b) the
spouse’s allowance and the 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 12 Benefits
under the Canada Pension Plan
If a person is entitled
to a benefit solely through the application of the totalizing provisions of Articles 8
and 9, the competent authority of Canada shall calculate the amount of benefit
payable 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) by
(ii):
(i) the amount of the
flat-rate portion of the benefit determined in conformity with the provisions
of the Canada Pension Plan;
(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 JERSEY AND GUERNSEY
Article 13 General
Provisions on Old Age Pension and Widow’s Benefits
(1) Subject
to the provisions of paragraph (2), where a person is entitled to an old
age pension under the legislation of Jersey or Guernsey otherwise than by
virtue of the provisions of this Agreement, that pension shall be payable and
the provisions of Article 14 shall not apply.
(2) Notwithstanding
paragraph (1), a married woman entitled to an old age pension solely on her
husband’s contributions under the legislation of Jersey or Guernsey shall
also be entitled to have any pension entitlement based entirely on her own
insurance determined in accordance with the provisions of Article 14. Such
a married woman shall be entitled to receive only the benefit of her choice.
Article 14 Pro-Rata
Pensions
(1) The
provisions of this Article shall apply for the purpose of determining
entitlement to an old age pension under the legislation of Jersey or Guernsey
in respect of a person who has no entitlement in accordance with the provisions
of Article 13.
(2) In
accordance with the provisions of Articles 8 to 10, the competent
authority of a Party shall determine:
(a) the
amount of the theoretical pension which would be payable if all creditable
periods completed under the legislation of all Parties had been completed under
its own legislation;
(b) the
proportion of such theoretical pension which bears the same relation to the
whole as the total of the creditable periods completed under the legislation of
the Party bears to the total of all the creditable periods which he or she
completed under the legislation of all Parties.
The proportionate amount
thus calculated shall be the rate of pension actually payable by the competent
authority.
Article 15 Widow’s
Benefit
(1) The
provisions of Articles 13 and 14 shall also apply, with such modifications
as the differing nature of the benefits shall require, to widow’s
benefit.
(2) Where
widow’s benefit would be payable under the legislation of one Party if a
child were in the territory of that Party, it shall be payable while the child
is in the territory of another Party.
Article 16 Invalidity
Benefit
(1) Notwithstanding
the definitions in paragraph (1) of Article 1, for the purpose of
this Article:
“creditable period
under the legislation of Canada” means a period of contributions under
the Canada Pension
Plan, and includes a period during which a disability pension is
payable under that Plan;
“first contribution
condition for sickness benefit” means:
(i) in relation to
Jersey, that a person has paid contributions prior to the end of the relevant quarter
and the annual contribution factor derived from those contributions is not less
than 0.25;
(ii) in
relation to Guernsey, that a person has paid at least 26 reckonable
contributions since 4 January 1965;
“prescribed
period” means, in relation to Jersey and Guernsey, the period commencing
on the same date under the legislation of Jersey or Guernsey, as the case may
be, as the relevant period for the purposes of old age pension and ending on 31
December next preceding the date on which entitlement to invalidity benefit first
arose;
“qualifying period
for invalidity benefit” means:
(i) in relation to
Jersey, a continuous period of incapacity of 364 days under the legislation of
Jersey;
(ii) in
relation to Guernsey, a continuous period of incapacity of 156 days, excluding
Sundays, under the legislation of Guernsey;
“second contribution
condition for sickness benefit” means:
(i) in relation to
Jersey, that a person has paid or been credited with contributions in respect
of the relevant quarter and the quarterly contribution factor derived from
those contributions is 1.00;
(ii) in
relation to Guernsey, that a person has paid or been credited with at least 26
contributions in the relevant contribution year.
(2) Notwithstanding
any other provision of this Agreement, invalidity benefit shall be payable
under the legislation of Jersey or Guernsey only in accordance with the
provisions of this Article.
(3) For
the purpose of satisfying the qualifying period for invalidity benefits, a person
who:
(a) is in
Canada; and
(b) has
satisfied the first contribution condition for sickness benefit using
contributions under the legislation of Jersey or Guernsey only, as the case may
be; and
(c) has
satisfied the second contribution condition for sickness benefit using
creditable periods under the legislation of any Party; and
(d) is
incapable of work, and has been so incapable throughout the qualifying period
for invalidity benefit;
shall be treated as if he
had been entitled to sickness benefit throughout that period.
(4) Where
a person has satisfied the conditions set out in paragraph (3) or (5), the
competent authority of Guernsey shall:
(a) deem
the contribution conditions for the payment of invalidity benefit satisfied;
and
(b) calculate
the amount of invalidity benefit to be paid, subject to paragraph (7), as
being the proportion, not exceeding 100%, of the standard rate which the total
number of contributions paid or credited under the legislation of Guernsey
during the prescribed period bears to the product of the number of years in
that period and 50, save that if the amount so calculated is less than
one-twentieth of the standard rate no benefit shall be payable.
(5) For
the purpose of qualifying for invalidity benefit under the legislation of
Guernsey, a person who:
(a) is in
Guernsey; and
(b) has satisfied
the first contribution condition for sickness benefit using contributions under
the legislation of Guernsey only; and
(c) has
satisfied the second contribution condition for sickness benefit using
creditable periods under the legislation of any Party; and
(d) is
incapable of work, and has been so incapable throughout the qualifying period
for invalidity benefit;
shall be treated as if he
had been entitled to sickness benefit throughout that period.
(6) For
the purposes of paragraphs (3) and (5), a year which is a creditable
period under the Canada
Pension Plan shall be considered as 52 weeks of contributions
under the legislation of Guernsey, provided that the periods do not overlap.
(7) Where
a person:
(a) is in
Guernsey; and
(b) is
entitled to invalidity benefit under the legislation of Guernsey solely through
the application of paragraphs (4)(a) and (5), or has been entitled to such
a benefit in relation to the claim in question solely through the application
of those paragraphs; and
(c) is in
receipt of a disability pension under the Canada Pension Plan, whether or not through the application of the provisions of this
Agreement;
the amount of the
invalidity benefit payable under the legislation of Guernsey shall be reduced
by the amount by which the aggregate of both benefits exceeds the standard rate
of invalidity benefit under the legislation of Guernsey.
(8) Where
a person has satisfied the conditions set out in paragraph (3), the
competent authority of Jersey shall determine the actual rate of invalidity
benefit payable as the amount that bears the same relation to the standard rate
of benefit as the life average contribution factor bears to 1.00 over the
prescribed period, except that no benefit shall be payable where the factor is
less than 0.1.
(9) For
the purposes of paragraph (3), a year which is a creditable period under
the Canada Pension
Plan shall be considered as an annual contribution factor of 1.00
under the legislation of Jersey.
(10) Where
a person who is in Jersey is entitled to invalidity benefit under the
legislation of Jersey otherwise than by virtue of the provisions of this
Agreement, that benefit shall be payable.
(11) No
person in relation to whom invalidity benefit is payable under the provisions
of this Agreement shall receive a contribution credit from Jersey or Guernsey
unless present in Jersey or Guernsey, as the case may be.
Article 17 Death
Grant
Where a person dies in
Canada, his or her death shall be treated, for the purpose of any claim for a
death grant under the legislation of Jersey or Guernsey, as if it had occurred
in Jersey or Guernsey, as the case may be.
PART IV
ADMINISTRATIVE AND
TRANSITIONAL PROVISIONS
Article 18 Administrative
Arrangement
The competent authorities
shall establish, by means of an administrative arrangement, the measures
necessary for the application of this Agreement.
Article 19 Exchange
of Information and Mutual Assistance
(1) The
competent authorities shall:
(a) to
the extent permitted by the legislation which they administer, communicate to
one another any information necessary for the application of this Agreement;
(b) 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 the Agreement applies, as if the matter involved the
application of their own legislation; and
(c) communicate
to one another, 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 sub-paragraph (1)(b) shall be provided free of
charge, subject to any provisions contained in an administrative arrangement
concluded under Article 18 for the reimbursement of certain types of
expenses.
(3) Unless
disclosure is required under the legislation of a Party, any information about
an individual which is transmitted in accordance with this Agreement to that
Party by another Party is confidential and shall be used only for the purposes
of implementing this Agreement and the legislation to which this Agreement
applies.
Article 20 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 another 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 21 Language
of Communication
For the application of
this Agreement, the competent authorities may communicate directly with one
another in any official language of any Party.
Article 22 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 of that Party, but which is presented within the same period to a
competent authority of another Party, shall be treated as if it had been
presented to the competent authority of the first Party.
(2) 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 another Party, provided that the
claimant:
(a) requests
that it be considered a claim under the legislation of that other Party, or
(b) provides
information at the time of presenting the claim which indicates that creditable
periods have been completed under the legislation of that other Party.
(3) In
any case to which paragraph (1) or (2) applies, the competent authority to
which the claim, notice or appeal has been submitted shall transmit it without
delay to the competent authority of the other appropriate Party.
Article 23 Payment
of Benefits
(1) The
competent authority of a Party may discharge its obligations under this
Agreement in the currency of that Party.
(2) Benefits
shall be paid to beneficiaries free from any deduction for administrative
expenses that may be incurred by a Party in paying the benefits, except where
charges arise from monetary conversion which may be payable by the beneficiary.
Article 24 Resolution
of Difficulties
(1) The
competent authorities shall resolve, to the extent possible, any difficulties
which arise in interpreting or applying this Agreement according to its spirit
and fundamental principles.
(2) The
Parties shall consult promptly at the request of any Party concerning matters
which have not been resolved by the competent authorities in accordance with paragraph (1).
(3) Any
dispute between the Parties concerning the interpretation of this Agreement
which has not been resolved or settled by consultation in accordance with paragraph (1)
or (2) shall, at the request of any Party, be submitted for arbitration by an
arbitral tribunal.
(4) Unless
the Parties mutually determine otherwise, the arbitral tribunal shall consist
of three arbitrators, of whom each Party shall appoint one.
(5) The
arbitral tribunal shall determine its own procedures.
(6) The
decision of the arbitral tribunal shall be final and binding.
Article 25 Understanding
with a Province of Canada
The relevant authorities
of Jersey and Guernsey 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.
Article 26 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 this 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.