AGREEMENT ON SOCIAL SECURITY BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF GRENADA
THE GOVERNMENT OF CANADA
AND
THE GOVERNMENT OF GRENADA,
hereinafter referred to as "the Parties",
RESOLVED to co-operate in the field of social security,
HAVE DECIDED to conclude an agreement for this purpose, and
HAVE AGREED AS FOLLOWS:
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 Grenada;
"competent authority" means, as regards Canada, the Minister or Ministers responsible for the application of the legislation of Canada; and, as regards Grenada, the Minister responsible for Social Security;
"competent institution" means, as regards Canada, the competent authority; and, as regards Grenada, the National Insurance 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;
"legislation" means, as regards a Party, the
laws and regulations specified in Article II(1) with respect to that
Party.
2. Any term not defined in this Article has the meaning assigned to it
in the applicable legislation.
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 Grenada:
the National Insurance Act (Chapter 205 of the Revised Laws of Grenada,
1990) 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 National Insurance Act of Grenada and the regulations
made thereunder.
3. Subject to paragraph 4, this Agreement shall also apply to laws and
regulations which amend, supplement, consolidate or supersede the
legislation specified in paragraphs 1 and 2.
4. This Agreement shall further 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.
This Agreement shall apply to any person who is or has been subject to
the legislation of Canada and Grenada, and to the dependants and
survivors of such a person within the meaning of the applicable
legislation of either Party.
Any person who is or 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.
1. Unless otherwise provided in this Agreement, benefits payable under
the legislation of a Party to any person described in Article III,
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 payable in the territory of a third
State.
Article 6 Rules Regarding Coverage
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 first Party.
2. An employed person who is subject to the legislation of a Party and
who works in the territory of the other Party for the same employer
shall, in respect of that work, be subject only to the legislation of
the first Party as though that work 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 Canada and only to the legislation of Grenada if he or she
ordinarily resides in Grenada.
4. An employed person shall, in respect of the duties of a government
employment for a Party 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 persons or categories of persons.
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
presence or residence in Grenada, 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 Grenada by reason of employment or
self-employment;
(b) if a person is subject to the legislation of Grenada during any
period of presence or residence in 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 or
self-employment; and
(c) if a person who is ordinarily resident in Grenada is present and
employed in 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, only
for purposes of this Agreement, be considered as a period of residence
in Canada.
2. In the application of paragraph 1:
(a) a person shall be considered to be subject to the Canada Pension
Plan or to the comprehensive pension plan of a province of Canada during
a period of presence or residence in Grenada only if that person makes
contributions pursuant to the plan concerned during that period by
reason of employment or self-employment;
(b) a person shall be considered to be subject to the legislation of
Grenada during a period of presence or residence in Canada only if that
person makes compulsory contributions pursuant to that legislation
during that period by reason of employment or self-employment; and
(c) 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
1. If a person is not eligible for a benefit because he or she has not
completed sufficient creditable periods under the legislation of a
Party, the eligibility of that person for that benefit shall be
determined by totalizing these periods and those specified in paragraphs
2, 3 and 4, 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 creditable period under the
legislation of Grenada shall be considered as a period of residence in
Canada;
(b) For purposes of determining eligibility for a benefit under the
Canada Pension Plan, a calendar year including at least 13 weeks which
are creditable under the legislation of Grenada shall be considered as a
year for which contributions have been made under the Canada Pension
Plan.
3. For purposes of determining eligibility for an age benefit under the
legislation of Grenada:
(i) when the calendar year 1983 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 Grenada;
(ii) a year commencing on or after January 1, 1984 which is a creditable
period under the Canada Pension Plan shall be considered as 52 weeks for
which contributions have been paid under the legislation of Grenada;
(iii) a week commencing on or after April 4, 1983 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
Grenada.
4. For the purposes of determining eligibility for an invalidity or a
survivors” benefit under the legislation of Grenada:
(i) when the calendar year 1983 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 Grenada;
(ii) a year commencing on or after January 1, 1984 which is a creditable
period under the Canada Pension Plan shall be considered as 52 weeks for
which contributions have been paid under the legislation of Grenada.
Article 9 Periods under the Legislation of a Third State
If a person is not eligible for a benefit on the basis of the creditable
periods under the legislation of the Parties, totalized as provided in
Article VIII, the eligibility of that person for 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 of periods.
Article 10 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 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
1. If a person is eligible for an Old Age Security 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 which may be considered under that
Act.
2. Paragraph 1 shall also apply to a person outside Canada who would be
eligible for a full pension in Canada but who has not resided in Canada
for the minimum period required by the Old Age Security Act for 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 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 12 Benefits under the Canada Pension Plan
If a person is eligible for a benefit solely through the application of
the totalizing provisions of Chapter 1, the competent institution of
Canada shall calculate the amount of the benefit payable to that person
in the following manner:
(a) the earnings-related portion of such 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 eligibility for
that benefit, but in no case shall that fraction exceed the value of
one.
CHAPTER 3 BENEFITS UNDER THE LEGISLATION OF GRENADA
1. If a person is not eligible for a pension solely on the basis of the
periods creditable under the legislation of Grenada, but is eligible for
that pension through the application of the totalizing provisions of
Chapter 1, the competent institution of Grenada shall calculate the
amount of pension payable in the following manner:
(a) it shall first establish the rate of the pension which would be
payable if the person qualified for the pension on the basis of
creditable periods completed under the legislation of Grenada alone;
(b) it shall then multiply that rate by the fraction which represents
the ratio of the actual creditable periods under the legislation of
Grenada in relation to the minimum creditable period required to
establish entitlement to that pension under that legislation.
2. Notwithstanding any other provision of this Agreement, where a grant
is payable under the legislation of Grenada, but entitlement to a
pension under that legislation can be established through the
application of the totalizing provisions of Chapter 1, the pension shall
be paid in lieu of the grant.
3. Where a grant was paid under the legislation of Grenada in respect of
an event which happened before the date of entry into force of this
Agreement, and where entitlement to a pension under that legislation is
subsequently established through the application of the totalizing
provisions of Chapter 1, the competent institution of Grenada may deduct
from any pension payable any amount previously paid in the form of a
grant.
PART IV ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS
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 15 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
for the purpose of determining eligibility for, or the amount of, any
benefit under this Agreement, or under 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 in so far 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 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 16 Exemption or Reduction of Taxes, Dues, Fees and Charges
1. Any exemption from or reduction of taxes, legal dues, consular fees
and 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 17 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 of the official languages of either Party.
Article 18 Submitting Claims, Notices and Appeals
1. Any claim, notice or appeal concerning eligibility for, or the amount
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. The date of
presentation of the claim, notice or appeal to the authority or
institution of the other Party shall be deemed to be the date of its
presentation 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 coming into
force of the Agreement shall be deemed to be a claim for the
corresponding benefit under the legislation of the other Party, provided
that the applicant at the time of application:
(a) requests that it be considered an application under the legislation
of the other Party, and/or
(b) provides information indicating that creditable periods have been
completed under the legislation of the other Party.
The preceding sentence shall not apply if the applicant requests that
his or her claim to the benefit under the legislation 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 19 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 Grenada shall discharge its
obligations under this Agreement:
(i) in respect of a beneficiary resident in Grenada, in the currency of
Grenada;
(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 sub-paragraphs 1(b)(ii) and (iii), the
conversion rate shall be the rate of exchange in effect on the day when
the purchase 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 20 Resolution of Difficulties
1. The competent authorities of the Parties shall resolve, to the extent
possible, any difficulties which arise in interpreting this Agreement
according to its spirit and fundamental principles.
2. The Parties shall consult promptly at the request of either Party
concerning difficulties which have not been resolved by the competent
authorities in accordance with paragraph 1.
3. If the difficulty has not been resolved within 6 months following the
consultation prescribed in paragraph 2, it may be submitted at the
request of one or both Parties to an arbitration commission.
4. Unless the Parties mutually determine otherwise, the Commission shall
consist of 3 arbitrators of whom each Party shall appoint one and the
two arbitrators so appointed shall appoint a third who shall act as
President; provided that if any Party fails to appoint an arbitrator
within 30 days from the date on which one or both Parties has requested
the difficulty be submitted to an arbitration commission, or in the
event of a disagreement over the appointment of the President of such
commission, the President of the International Court of Justice shall be
requested by one or both Parties to appoint the arbitrator or as the
case may be, the President of the arbitration commission.
5. The commission shall determine its own procedures.
6. The decision of the commission shall be final and binding.
Article 21 Understandings with a Province of Canada
The relevant authority of Grenada and a province of Canada may conclude
understandings concerning any social security matter within provincial
jurisdiction in Canada in so far as those understandings are not
inconsistent with the provisions of this Agreement.
PART V TRANSITIONAL AND FINAL 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 and its amount.
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
this 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 this Agreement.
Article 23 Duration and Termination
1. This Agreement shall remain in force without any limitation on its
duration. It may be terminated at any time by either Party giving
12 months” notice in writing to the other Party.
2. 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.
Article 24 Entry into Force
This Agreement shall enter into force, after the conclusion of the
administrative arrangement referred to in Article XIV, 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.