Agreement Between the Government of Canada and the Government of the French Republic on Social Security

THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE FRENCH REPUBLIC,

hereinafter the “Contracting States”

RESOLVED to strengthen the relationship between the Contracting States in the field of social security and to adapt the Agreement between Canada and France on Social Security, done at Ottawa on 9 February 1979, to reflect changes in national legislation;

HAVE AGREED as follows:

PART IDefinitions and General Provisions

ARTICLE 1Definitions

• 1 For the purposes of this Agreement:

  • (a) The term territory of a Contracting State means:

    • (i) for France: the territory of the European and Overseas Departments of the French Republic, as well as the overseas territorial unit of Saint-Pierre and Miquelon, including the territorial sea and, beyond that, the areas within which, in accordance with international law, the French Republic has sovereign rights for the purposes of exploring and exploiting the natural resources of the seabed and its subsoil and the superjacent waters;

    • (ii) for Canada: the territory of Canada including its land territory, internal waters and territorial sea, and includes the air space above these areas, as well as the exclusive economic zone and the continental shelf, as determined by its domestic law, consistent with international law.

  • (b) The term nationals of the Contracting States means:

    • (i) for France: persons of French nationality;

    • (ii) for Canada: citizens of Canada.

  • (c) The term legislation of a Contracting State means the laws and regulations specified in Article 2 for each Contracting State.

  • (d) The term competent authority means:

    • (i) for France: the Ministers responsible for the application of the legislation specified in Article 2(1)(a), each to the extent of their responsibility;

    • (ii) for Canada: the Ministers responsible for the application of the legislation specified in Article 2(1)(b), each to the extent of their responsibility.

  • (e) The term competent institution means:

    • (i) for France: the institutions responsible for the application of the legislation specified in Article 2(1)(a);

    • (ii) for Canada: the competent authority.

  • (f) The term insurance period means:

    • (i) for France: any period recognized as such by the legislation under which it was completed as well as any period recognized as equivalent to an insurance period;

    • (ii) for Canada: any period of contribution or residence that confers a right to a benefit under the legislation of Canada, including any period during which a disability benefit is payable under the Canada Pension Plan.

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

ARTICLE 2Scope of Application

• 1 This Agreement shall apply to the following legislation:

  • (a) For France:

    • (i) legislation establishing the structure of social security;

    • (ii) legislation establishing the social insurance plan for salaried employees in nonagricultural occupations and legislation concerning social insurance for salaried employees in agricultural occupations;

    • (iii) legislation on prevention of and compensation for occupational accidents and illnesses; legislation concerning insurance against occupational accidents and illnesses for unsalaried workers in agricultural occupations;

    • (iv) legislation relating to family benefits;

    • (v) legislation concerning special social security plans, except as otherwise provided in this Agreement;

    • (vi) legislation concerning health and maternity insurance for self-employed workers in non-agricultural occupations and legislation concerning health, maternity, and disability insurance for self-employed workers in agricultural occupations;

    • (vii) legislation concerning disability, old age, and death insurance for non-agricultural self-employed workers and legislation concerning old age insurance for self-employed workers in agricultural occupations, with the exception of the provisions regarding complementary retirement, and death and disability insurance for professional occupations;

    • (viii) legislation concerning various plans for self-employed and equivalent to self-employed workers, with the exception of the provisions regarding complementary retirement, death, and disability insurance.

  • (b) For Canada:

    • (i) The Old Age Security Act and the regulations made thereunder;

    • (ii) The Canada Pension Plan and the regulations made thereunder.

• 2 Notwithstanding paragraph 1(a), this Agreement shall not apply to any provisions that extend the right to enrol in voluntary insurance to a person who works or has worked outside the territory of France.

• 3 This Agreement shall apply to all laws or regulations that amend or supplement the legislation set out in paragraph 1.

• 4 This Agreement shall also apply to any law or regulation that extends an existing plan to other categories of beneficiaries, unless a Contracting State objects to the extension. A Contracting State that objects to applying this Agreement to that law or regulation shall, to this effect, notify the other Contracting State of its objection within three months of the date of the communication made in accordance with Article 25(b).

ARTICLE 3Understandings with the Provinces and Territories of Canada

The competent authorities of France may conclude with the competent authorities of the provinces and territories of Canada understandings concerning any social security legislation within provincial and territorial jurisdiction, in particular legislation regarding health insurance, work accidents, family benefits, and pensions, provided that those understandings are not inconsistent with the provisions of this Agreement and with the applicable federal, provincial and territorial laws, and policies on the subject.

ARTICLE 4Personal Scope

• 1 This Agreement shall apply to persons who are or who have been subject to the legislation of one of the Contracting States, and to the dependants and survivors of those persons within the meaning of the applicable legislation, regardless of nationality or citizenship.

• 2 In the case of France, subject to Article 23, this Agreement shall not apply to civil servants and military personnel of the State or to territorial and hospital employees under the jurisdiction of the Caisse nationale de retraite des agents des collectivités locales or to State industrial establishments workers.

ARTICLE 5Equality of Treatment

• 1 Subject to the specific restrictive provisions of this Agreement, any person who is, or who has been, subject to the legislation of one Contracting State as specified in Article 4 and who goes to the other Contracting State, is subject to the obligations of the legislation of the other Contracting State and shall receive treatment equal to that of nationals of that Contracting State.

• 2 Unless otherwise provided in this Agreement, pensions, benefits, allowances, and death benefits acquired under the legislation of a Contracting State shall not be subject to any reduction, modification, suspension, cancellation, or confiscation by reason only of the fact that the beneficiary stays or resides in the territory of the other Contracting State or of a third State.

ARTICLE 6General Provisions Regarding Coverage

Unless otherwise provided in this Agreement:

• (a) A salaried worker in the territory of one of the Contracting States shall be subject only to the legislation of that Contracting State in respect of that work.

• (b) A self-employed worker in the territory of one of the Contracting States shall, in regard to that selfemployment, be subject only to the legislation of that State and, in the case of Canada, only if that person resides in Canada.

ARTICLE 7Specific Provisions Regarding Coverage

• 1 Notwithstanding the coverage rules set out in Article 6 and in the legislation of the Contracting States:

  • (a) Detached workers who are sent by their employer to carry out specific work in the other Contracting State shall not be subject to the legislation of that State in respect of that work and shall remain subject to the legislation of the sending Contracting State, provided that the detachment does not exceed three years, including holidays.

  • (b) The prior approval of the competent authorities of both Contracting States or of their designated institutions is required to maintain coverage under the legislation of the sending Contracting State if a detachment must extend beyond three years.

  • (c) Any worker who is detached from Canada to France is required to have valid health care coverage for the entire period of the detachment.

  • (d) The terms and conditions for the application of this paragraph shall be set out in the Implementing Agreement referred to in Article 24.

• 2 Notwithstanding the coverage rules set out in Article 6 and in the legislation of the Contracting States:

  • (a) Persons who are working for a public or private international non-maritime transport enterprise of one Contracting State as crew members in the territory of the other Contracting State shall be subject only to the legislation of the Contracting State in which the enterprise has its headquarters.

  • (b) The same shall apply to workers of the enterprises identified in sub-paragraph 2(a) detached to a Contracting State, provided that the duration of the detachment does not exceed the periods set out in paragraphs 1(a) or (b) and that it complies with the provisions set out in paragraph 1(c).

ARTICLE 8Members of Diplomatic Missions and Consular Posts

• 1 This Agreement does not affect the provisions of the Vienna Convention on Diplomatic Relations of 18 April 1961, or those of the Vienna Convention on Consular Relations of 24 April 1963.

• 2 The persons employed by a Contracting State sent by the government of that Contracting State to work in the territory of the other Contracting State and who are not excluded from the application of the legislation of the other Contracting State under the Conventions specified in paragraph 1 are subject only to the legislation of the first Contracting State in respect of that employment.

• 3 Subject to paragraphs 1 and 2, the persons hired by the government of a Contracting State in the territory of the other Contracting State to work in that other Contracting State are subject only to the legislation of the other Contracting State in respect of that employment.

ARTICLE 9Exceptions

• 1 The competent authorities of the Contracting States or their designated institutions may, in particular cases, grant exceptions to Articles 6, 7, and 8, in the interest of certain persons or categories of persons.

• 2 The competent authorities of the Contracting States or their designated institutions shall jointly resolve any situations of double coverage that may arise in the interest of the persons concerned.

ARTICLE 10Access to Voluntary Insurance

To establish eligibility for continued voluntary or optional coverage in accordance with the legislation of France, insurance periods completed under the Canada Pension Plan shall, to the extent necessary, be considered as insurance periods completed under the legislation of France.

PART IIProvisions Concerning Benefits

CHAPTER ONETotalization

ARTICLE 11General Rules for Totalization

• 1 If the legislation of a Contracting State requires the completion of insurance periods in order to establish, maintain or re-establish eligibility under a plan that is not a special plan within the meaning of Article 12, the competent institution of that Contracting State shall, to the extent necessary, and provided that the insurance periods do not overlap, consider the insurance periods completed under the legislation of the other Contracting State:

  • (a) for Canada, under the conditions set out in paragraphs 2 and 3(a), as if those periods were completed under the applicable legislation;

  • (b) for France, under the conditions set out in paragraph 3(b), whether completed under a general or special plan, as if those periods were completed under the applicable legislation.

• 2 To determine eligibility for a benefit under Canada’s Old Age Security Act, any insurance period under the legislation of France or any period of residence in France beginning on or after 1 January 1966 and after the age at which periods of residence in Canada may be considered under that Act, shall be considered as a period of residence in Canada.

(a) To determine eligibility for a benefit under the Canada Pension Plan, any calendar year beginning on 1 January 1966 and including at least 78 days, 13 weeks, three months, or an insurance quarter under the legislation of France shall be considered as a year of contributions under the Canada Pension Plan.

• (b) To determine eligibility for a benefit under the legislation of France, a calendar year that is creditable under the Canada Pension Plan shall be considered as 312 days, 52 weeks, 12 months, or four insurance quarters under the legislation of France.

ARTICLE 12Special Rules for Totalization

• 1 If the legislation of France governing special plans provides that a person is eligible for certain benefits on the condition that the insurance periods be completed in a specified profession or employment, then periods completed under the Canada Pension Plan shall be taken into account in determining that person’s eligibility for those benefits only if the periods are completed in that same profession or employment.

• 2 If, taking into account the totalization set out in paragraph 1, a person does not meet the eligibility requirements under the special plan, insurance periods completed under that plan shall be taken into account in accordance with the rules governing the general plan and subject to the conditions set out in the legislation of France.

ARTICLE 13Totalization of Insurance Periods Completed in a Third State

• 1 With respect to France, insurance periods completed in a third State with which both Contracting States are bound by social security agreements that provide for the totalizing of insurance periods shall be taken into account to determine the amount of the old age or survivor’s benefit payable under this Agreement, insofar as they do not overlap with insurance periods completed in Canada. Only periods recognized for totalization under the agreement between France and the third State shall be taken into account.

• 2 With respect to Canada, if insurance periods completed in the two Contracting States and totalized in accordance with Article 11 are insufficient to establish eligibility for benefits under the legislation of Canada, periods of insurance or residence completed in a third State with which both Contracting States are bound by social security agreements providing for the totalizing of insurance periods shall be taken into account, provided that they do not overlap with periods of insurance or residence completed in France. Only periods recognized for totalization under the agreement between Canada and the third State shall be taken into account.

ARTICLE 14Minimum Insurance Period

• 1 If the total duration of insurance periods completed under the legislation of a Contracting State is less than one year, the competent institution shall not be required to apply the totalization set out in Articles 11, 12 and 13 to confer a benefit. However, if those insurance periods are sufficient to establish eligibility for a benefit under that legislation, the benefit shall then be payable based only on those periods.

• 2 The periods set out in paragraph 1 may nonetheless be taken into account to establish eligibility for, and to determine the amount of a benefit under the legislation of the other Contracting State.

CHAPITRE 2Benefits Under the Legislation of Canada

ARTICLE 15Definition of Certain Periods of Residence with respect to the Legislation of Canada

• 1 For the purposes 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 France, that period shall be considered as a period of residence in Canada for that person, as well as for that person’s spouse or common-law partner and dependants who reside with that person and who are not subject to the legislation of France by reason of employment or self-employment.

  • (b) If a person is subject to the legislation of France during any period of presence or residence in Canada, that period for that person, and for that person’s spouse or common-law partner and dependants who reside with them, shall be determined according to the provisions of the legislation of Canada.

• 2 For the purposes 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 France only if that person contributes to the plan in question during that period.

  • (b) A person shall be considered to be subject to the legislation of France 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 and self-employment.

ARTICLE 16Calculation of Benefits Under the Old Age Security Act

• 1 If a person is eligible for a benefit or an allowance under the Old Age Security Act solely through the application of the totalizing provisions of Chapter One of this Part, the competent institution of Canada shall calculate the amount of the benefit or allowance payable to that person in accordance with the provisions of that Act governing the payment of a partial benefit or allowance, exclusively on the basis of the periods of residence in Canada that may be considered under that Act.

• 2 If a person is entitled to a benefit in Canada without recourse to the provisions of this Agreement but has not resided in Canada for the minimum period required by the Old Age Security Act to be eligible for the benefit outside Canada, the benefit shall be paid to the person outside Canada, only if the period of insurance or residence, when totalized in accordance with Chapter One of this Part, is at least equal to the minimum period of residence in Canada required by the Old Age Security Act to be entitled to the payment of a benefit outside Canada.

• 3 Notwithstanding any other provision of this Agreement:

  • (a) The competent institution in Canada shall not be required to pay an Old Age Security benefit to a person who is outside Canada unless that person’s periods of insurance or residence, when totalized as provided in Chapter One of this Part, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for the payment of a benefit outside Canada.

  • (b) The 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 17Calculation of Benefits Under the Canada Pension Plan

• 1 For all benefits other than the disability benefit, death benefit and disabled contributor’s child’s benefit, if a person is eligible for a benefit solely through the application of the totalizing provisions of Chapter One of this Part, the competent institution of Canada shall determine the amount of the benefit payable to that person in the following manner:

  • (a) The earnings-related portion of the benefit shall be determined in accordance with the provisions of the Canada Pension Plan, exclusively on the basis of the pensionable earnings under that Plan.

  • (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 accordance with the provisions of the Canada Pension Plan

    by

    • (ii) the fraction that 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.

• 2 With respect to the disability benefit, disabled contributor’s child’s benefit and death benefit, if a person is eligible for a benefit solely through the application of the totalizing provisions of Chapter One of this Part, the competent institution of Canada shall determine the amount of the benefit payable to that person in the following manner:

  • (a) If the disability or death occurs while the person is a resident of Canada within the meaning of the Old Age Security Act or is contributing to the Canada Pension Plan,

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

    • (ii) the flat-rate component is payable in its entirety.

  • (b) If the disability or death occurs under any circumstances other than those set out in paragraph 2(a), the competent institution of Canada shall not make any benefit payment.

CHAPITRE 3Benefits Under the Legislation of France

ARTICLE 18Calculation of Old Age or Survivor’s Benefits – France

• 1 If a person who is, or who has been, subject successively or alternately to the legislation of each Contracting State, meets the eligibility criteria for an old age or survivor’s benefit under the legislation of France, the competent institution shall determine the amount of the benefit, first, in accordance with the applicable legislation taking into account only the insurance periods completed under that legislation and, second, in accordance with paragraph 2, the most advantageous outcome for the person shall be applied.

• 2 If a person does not meet the eligibility conditions set out under the legislation of France without the application of the totalization of insurance periods, or for the purpose of determining the most advantageous outcome in accordance with paragraph 1, the competent institution of France shall determine that person’s entitlement to the benefit as if all insurance periods completed in the other Contracting State and in one or more third States with which both Contracting States are bound by a social security agreement were completed exclusively under the legislation of France. The competent institution of France shall then reduce the amount of the benefit thus determined by a pro-rata amount based on the ratio of the length of the insurance periods completed under the applicable legislation before the date on which the contingency occurred to the total length of the insurance periods completed under the legislation of the Contracting States and one or more third States before the date on which the contingency occurred. The total length of the periods shall not exceed the maximum period that may be required under the applicable legislation for entitlement to a full benefit.

• 3 If, in accordance with the legislation of France, the benefits payable are based on the salary or average income for all or a portion of the insurance period, the salary or average income taken into account for the calculation of the benefit by the competent institution or institutions of France shall only be based on the insurance period completed under the legislation applied by that institution.

ARTICLE 19Cases of Successive Application of Legislation

• 1 If a person requests the determination of their eligibility solely under the legislation of France, without the determination of eligibility under the legislation of Canada, the amount of the benefit payable under the legislation of France shall be calculated in accordance with Article 18(1) or (2), as applicable.

• 2 If entitlement to a benefit is subsequently determined under the legislation of Canada, there is not a requirement to recalculate the entitlement previously determined under the legislation of France.

ARTICLE 20Determination of a Disability Benefit – France

(a) A disability benefit shall be determined under the legislation of France if the person is subject to that legislation at the time of the work interruption and the disability which follows.

• (b) This determination shall be made taking into account the totalization of insurance periods in accordance with Article 11 (1), or Article 12, if totalization is required to establish eligibility for the benefit.

• (c) In the application of the totalizing provisions, the conversion rules shall be those set out in Article 11 (3)(b), with one day being equivalent to eight hours of work.

• 2 If the interruption of work and the disability which follows occurs while a person is subject to the legislation of Canada, any outstanding entitlement to a benefit under the legislation of France without recourse to the totalization of insurance periods, shall be determined solely in accordance with the legislation of France.

• 3 When calculating the amount of the benefit, the competent institution of France shall apply the average annual salary that corresponds to the insurance periods completed under its legislation.

ARTICLE 21Determination of Eligibility to a Death Benefit – France

• 1 Persons insured under the legislation of France shall be eligible for death benefits under that legislation taking into account, if applicable, periods of insurance completed in Canada.

• 2 When the death occurs while a person is subject to the legislation of Canada, any outstanding entitlement to a benefit under the legislation of France shall be established solely in accordance with the legislation of France, without recourse to the totalization of insurance periods.

ARTICLE 22Family Benefits – France

Workers who are detached to Canada by their employer and who are subject to the legislation of France through the application of Articles 7 and 9 shall be entitled to receive, for the children who accompany them, the family benefits identified in the general Implementing Agreement referred to in Article 24.

ARTICLE 23Public Service Plans

• 1 The provisions of this Chapter shall not be applicable to special plans of France covering State civil servants or military personnel, territorial or hospital employees under the jurisdiction of the Caisse nationale de retraite des agents des collectivités locales, or State industrial establishments workers.

• 2 Notwithstanding paragraph 1, when determining the amount of the benefit, the special plans referred to in paragraph 1 shall take into account the insurance periods completed under the legislation of Canada in determining the duration of the insurance periods completed under one or more other mandatory basic retirement plans.

TITRE IIIMiscellaneous Provisions

ARTICLE 24Implementing Agreement

• 1 The competent authorities of the Contracting States shall conclude an Implementing Agreement that establishes the terms and conditions for the application of this Agreement.

• 2 The Implementing Agreement shall designate the liaison agencies of the Contracting States.

• 3 The Implementing Agreement shall prescribe the framework for the establishment and approval of the forms and certificates required to apply this Agreement.

ARTICLE 25Mutual Assistance

The competent authorities of the Contracting States shall:

• (a) communicate to each other any information necessary for the application of this Agreement;

• (b) communicate directly to each other any information concerning amendments made to the legislation or regulations specified in Article 2, if these amendments affect the application of this Agreement;

• (c) jointly address any technical difficulties that may arise in the application of the provisions of this Agreement or of the Implementing Agreement;

• (d) notify each other of the entry into force of social security agreements with third States that include provisions for totalization.

ARTICLE 26Exchange of Information

(a) For the application of this Agreement and the legislation specified in Article 2, the competent authorities and institutions shall lend their good offices as if the matter involved the application of their own legislation.

• (b) They shall communicate to each other any information required for the purposes of this Agreement and the legislation of the Contracting States specified in Article 2, in particular:

  • (i) the personal information and supporting evidence necessary for the competent institution of a Contracting State to process a claim for a benefit submitted by the liaison agency or competent institution of the other Contracting State. The following conditions shall apply:

    • (A) the personal information transmitted for that purpose shall be certified by the competent institution of the other Contracting State, which shall confirm that the information is corroborated by supporting evidence. The transmission of the certified claim form shall exempt the competent institution of that State from sending the corresponding supporting evidence.

    • (B) the personal information to which this paragraph applies shall be jointly determined and indicated on the corresponding forms.

  • (ii) on request and to the extent permitted by the applicable legislation, medical information and documentation that are available regarding the disability of an applicant or beneficiary.

• 2 Unless its disclosure is required under the legislation of a Contracting State, any information provided in accordance with paragraph 1 shall be used solely for the purposes of applying this Agreement and the legislation to which this Agreement applies. A Contracting State shall not disclose, to a third party, personal information obtained from the other Contracting State unless the other Contracting State is notified and consents to the disclosure, and the information is disclosed only for the purposes for which it was originally obtained.

ARTICLE 27Exemption or Reduction of Taxes, Dues, Fees and Charges

• 1 Any exemptions or reductions of taxes, stamp fees, court fees, or registration fees prescribed by the legislation of one Contracting State for supporting evidence or other documents required to be produced to apply the legislation of that Contracting State shall extend to supporting evidence or other documents required to be produced to apply the legislation of the other Contracting State.

• 2 All acts, documents and supporting evidence that are required for the application of this Agreement shall be exempt from notarization.

ARTICLE 28Languages of Communication

For the purposes of this Agreement, the competent authorities and institutions of the Contracting States may communicate directly with each other in their official languages.

ARTICLE 29Submission of a Claim, Notice or Appeal

• 1 Claims, notices and appeals on social security matters which are required to be submitted within a specified period to the competent authority or institution or jurisdiction of one of the Contracting States authorized to accept them, shall be acceptable if they have been presented within the same specified period to a corresponding competent authority or institution or jurisdiction of the other Contracting State. If so, the claims, notices and appeals must be sent without delay to the competent authority or institution or jurisdiction of the first State.

(a) Unless an applicant expressly indicates that their claim does not concern the other Contracting State, a claim for a benefit under the legislation of one Contracting State presented after the entry into force of this Agreement shall be considered a corresponding request for a benefit under the legislation of the other Contracting State, provided that, at the time of application, the applicant:

• (i) requests that it be considered as such; or

• (ii) provides information indicating that periods of insurance or residence have been completed under the legislation of the other Contracting State.

• (b) Old age and disability benefits shall be considered to correspond if, at the time the applicant submits the claim for benefits, the applicant expressly indicates that the claim may be determined for disability insurance in one Contracting State and for old age insurance in the other, given the different age requirements set out under the legislation of the Contracting States.

ARTICLE 30Dispute Resolution

• 1 Any disputes regarding the interpretation or application of this Agreement shall be resolved by the competent authorities of the Contracting States.

• 2 The Contracting States shall consult each other without delay at the request of either Contracting State concerning matters which have not been resolved by the competent authorities in accordance with the provisions of paragraph 1.

PART IVTransitional and Final Provisions

ARTICLE 31Consideration of Periods and Events Prior to the Entry into Force of this Agreement and Other Transitional Provisions

• 1 Subject to the provisions of paragraph 4, this Agreement shall not confer any right to the payment of benefits in respect of any period prior to the date on which this Agreement enters into force.

• 2 All insurance periods completed under the legislation of either Contracting State prior to the entry into force of this Agreement shall be taken into account to determine the right to benefits under the provisions of this Agreement.

• 3 Subject to the provisions of paragraph 1, a benefit, other than a death benefit payable under the Canada Pension Plan, shall be paid under this Agreement in respect of events that occurred prior to the entry into force of this Agreement.

• 4 Claims for benefits under consideration on the date of entry into force of this Agreement and claims for benefits received after that date that relate to a past event establishing entitlement to benefits under the Agreement between Canada and France on Social Security, done at Ottawa on 9 February 1979, shall be determined in accordance with that agreement for rights established up to the date of entry into force of this Agreement and in accordance with this Agreement for rights arising from this Agreement.

ARTICLE 32Repeal of Prior Agreements and Review of Benefits

• 1 With the entry into force of this Agreement, the Agreement between Canada and France on Social Security and the Protocol between the Government of Canada and the Government of the French Republic on Social Security, done at Ottawa on 9 February 1979, shall be repealed.

(a) At the request of a person or on the initiative of the competent institution of a Contracting State, entitlement to a benefit acquired prior to the entry into force of this Agreement may be reviewed taking into account the provisions of this Agreement. This review shall confer to these persons, from the date of entry into force of this Agreement, the same rights as though this Agreement had been in force when the benefits were paid.

• (b) If a request for review is submitted to a competent institution within 24 months from the date of entry into force of this Agreement, the effective date of payment of the revised benefit shall be the date of entry into force of this Agreement, regardless of the provisions set out under the legislation of the Contracting States concerning the forfeiture, acquisition or expiration of rights.

• (c) If a request for review is submitted to a competent institution after the 24-month period has expired, the effective date of payment of the revised benefit shall be the date on which the request was submitted.

• (d) The review shall not result in a reduction in the amount of the benefit.

ARTICLE 33Duration and Termination

• 1 This Agreement shall remain in force for an indefinite period. A Contracting State may terminate this Agreement by giving notice, in writing, to the other Contracting State through diplomatic channels. If this Agreement is terminated, it shall cease to have effect on the first day of the twelfth month following the date of receipt of the notice.

• 2 In the event of the termination of this Agreement, the Contracting Parties shall maintain any right acquired by a person in accordance with the provisions of this Agreement and shall hold negotiations to settle any right then in the course of acquisition by virtue of those provisions.

ARTICLE 34Entry into Force

• 1 Each Contracting State shall notify the other, through diplomatic channels, of the completion of its constitutional or legislative procedures necessary for the entry into force of this Agreement.

• 2 This Agreement shall enter into force on the first day of the fourth month following the date of receipt of the last notification.

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

DONE at Ottawa, this 14th day of March 2013, in duplicate, in the English and French languages, each version being equally authentic.

Implementing Agreement Concerning the Agreement Between the Government of Canada and the Government of the French Republic on Social Security

THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE FRENCH REPUBLIC,

hereinafter the “Contracting States”,

IN ACCORDANCE with Article 24 of the Agreement between the Government of Canada and the Government of the French Republic on Social Security, done at Ottawa on 14 March 2013.

HAVE AGREED as follows:

PART IGeneral Provisions

ARTICLE 1Definitions

• 1 For the purposes of this Implementing Agreement:

  • (a) the term Agreement means the Agreement between the Government of Canada and the Government of the French Republic on Social Security, at Ottawa on March 14th, 2013.

  • (b) the term Implementing Agreement means this Implementing Agreement concerning the Agreement between the Government of Canada and the Government of the French Republic on Social Security.

• 2 Any other term has the meaning assigned to it in the Agreement.

ARTICLE 2Liaison Agencies

The competent authorities shall designate the following as their liaison agencies, in accordance with Article 24(2) of the Agreement:

• (a) for France:

  – the Centre des liaisons européennes et internationales de sécurité sociale.

• (b) for Canada:

  • (i) the International Operations Division, Service Canada, for all matters except the application of Articles 6 to 9 of the Agreement and Part II of this Implementing Agreement;

  • (ii) the Legislative Policy Directorate, Canada Revenue Agency, for the application of Articles 6 to 9 of the Agreement and Part II of this Implementing Agreement.

PART IIProvisions Concerning Applicable Legislation

ARTICLE 3Detached Workers

• 1 In the cases referred to in Article 7(1)(a) and 7(2)(b) of the Agreement, the agencies identified below shall issue, at the employer’s request, a certificate of coverage indicating which legislation applies to a detached worker and the period for which that legislation applies.

  The certificate shall be issued:

  • (a) as regards France,

    – by the fund that covers the salaried worker or, in regard to salaried employees in the general plan, by the fund for the district where the employer is located;

    • (b) as regards Canada,

      – by the Canada Revenue Agency.

• 2 The certificate of coverage issued in accordance with the preceding paragraph is kept by the employer receiving the detached salaried worker abroad. In this case, the certificate establishes that the worker is exempt from the legislation of the Contracting State where the temporary workplace is located. Employers established in Canada that employ salaried employees detached to France are required to certify that the worker has health care coverage as set out in Article 7(1)(c) of the Agreement. Dependants who accompany the worker are also required to have this coverage unless they are subject to the legislation of France as a result of a professional activity.

(a) If the duration of the initial detachment exceeds the period set out in Article 7(1)(a) of the Agreement, prior to the end of that period:

• (i) the employer established in Canada is required to submit to the Canada Revenue Agency the application to extend a detachment from Canada to France;

• (ii) the employer established in France is required to submit to the Centre des liaisons européennes et internationales de sécurité sociale the application to extend a detachment from France to Canada.

• (b) If the liaison agency receiving the application deems that an extension is warranted, it shall request the consent of the liaison agency of the Contracting State that receives the detached salaried worker. The employer is notified on receipt of this consent, and a new certificate of coverage is issued by the agencies referred to in paragraph 1. The provisions of paragraph 2 shall then apply.

• 4 For the purposes of Article 9 of the Agreement, a person or a category of persons can obtain an exemption from the legislation of the other Contracting State through the procedure described in paragraph 3.

• 5 The competent institution of a Contracting State that issues the above-mentioned certificate shall then send a copy of this certificate to the liaison agency of the other Contracting State.

• 6 Salaried workers who are detached for the periods provided for in Article 7 of the Agreement are not eligible for a new detachment prior to the end of a one-year period, subject to the provisions of Article 9(1) of the Agreement.

part IIIProvisions Concerning Benefits

ARTICLE 4Processing a Claim

• 1 The competent institution of a Contracting State that receives a claim for a benefit under the legislation of the other Contracting State shall promptly send the claim to the liaison agency or the competent institution of the other Contracting State indicating the date on which the claim was received.

• 2 The documents submitted by the competent institution of the first Contracting State pursuant to paragraph 1 shall include:

  • (a) the benefit application form completed in accordance with Article 26(1)(b)(i) of the Agreement;

  • (b) all supporting evidence that the competent institution of the second Contracting State may require to determine whether an applicant is eligible for the benefit;

  • (c) a liaison form indicating the insurance periods under the legislation of the first Contracting State.

• 3 The competent institution of the second Contracting State shall subsequently determine the applicant’s eligibility and notify the competent institution of the other Contracting State of any benefits granted to the applicant.

ARTICLE 5Agreements with Third States

For the application of Article 13 of the Agreement, the Contracting States shall provide one another with a list of social security agreements concluded with third States. This list, set out in Annex 1, is updated as new agreements with third States enter into force.

ARTICLE 6Family Benefits

For the purposes of Article 22 of the Agreement, the term family benefits includes:

• (a) family allowances;

• (b) birth and adoption premiums.

ARTICLE 7Exchange of Statistics

The competent institution for Canada and the liaison agency for France shall exchange, on an annual basis, statistics regarding the benefits paid under the Agreement. These statistics shall include data on the number of beneficiaries and the total amount of benefits paid, disaggregated by type of benefit.

PART IVOther Provisions

ARTICLE 8Forms and Detailed Procedures

• 1 Pursuant to Article 24(3) of the Agreement, the format and content of the certificates and forms required to implement the Agreement and this Implementing Agreement shall be jointly established by the liaison agencies referred to in Article 2 of this Implementing Agreement.

• 2 The certificates and forms established in accordance with paragraph 1 are submitted for validation to the competent authorities of the Contracting States. The competent authorities of the Contracting States shall notify each other of the validated forms and certificates.

• 3 The forms established in accordance with paragraphs 1 and 2 may only be amended jointly by the competent authorities of the Contracting States. The forms specific to each Contracting State may be amended unilaterally provided that the other Contracting State is immediately notified:

  • (a) for France, through the liaison agency;

  • (b) for Canada, through the competent institution.

• 4 The forms and certificates shall contain information relating to:

  • (a) the applicable legislation, including the information described in Part II of this Implementing Agreement;

  • (b) all information that may be useful to the competent institutions to process a payment for invalidity, old age, or survivor’s benefits to implement the provisions of Part II of the Agreement, including: civil status, family situation, statement of insurance periods and other information about the applicant’s professional career, medical reports for assessing applications for disability benefits.

• 5 The competent institution or liaison agency of a Contracting State may refuse to process an application for benefits that is not submitted on the prescribed form and may request that it be submitted on a form prescribed by this Implementing Agreement.

ARTICLE 9Duration

• 1 This Implementing Agreement is valid for the same period as the Agreement, in accordance with Article 33(1) of the Agreement.

• 2 This Implementing Agreement ceases to have effect on the date that the Agreement ceases to have effect, in accordance with Article 33 of the Agreement.

ARTICLE 10Entry into Force

• 1 Each Contracting State shall notify the other, through diplomatic channels, of the completion of its constitutional or legislative procedures necessary for the entry into force of this Implementing Agreement.

• 2 This Implementing Agreement enters into force on the first day of the fourth month following the date of receipt of the last notification.

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

DONE at Ottawa, this 14th day of March 2013, in duplicate, in the English and French languages, each version being equally authentic.

• Return to footnote ^aLimited agreement dealing only with the obligation to make contributions; does not contain provisions that provide for the totalizing of periods to assist in qualifying for benefits.

• Return to footnote ^b01.07.2000 regarding the provisions concerning health care and 01.01.2001 regarding provisions concerning workers’ compensation insurance.