Proclamation Giving Notice that the Convention on Social Security Between the Government of Canada and the Government of the Kingdom of Morocco comes into Force on March 1, 2010 (SI/2010-13)

Convention on Social Security Between the Government of Canada and the Government of the Kingdom of Morocco

THE GOVERNMENT OF CANADA

AND

THE GOVERNMENT OF THE KINGDOM OF MOROCCO,

hereinafter referred to as “the Parties”,

RESOLVED to co-operate in the field of Social Security,

AGREEING on the principle of equal treatment of persons who are or have been subject to the legislation of either States as regards the application of the Social Security legislation of each State,

DESIRING to uphold the rights acquired or in course of being acquired by insured persons of both States in regard to old age, disability, survivors and death insurance,

HAVE DECIDED to conclude a Convention to coordinate the application of the Social Security legislation of both Canada and the Kingdom of Morocco on behalf of insured persons of both States, and

FOR THIS PURPOSE, HAVE AGREED AS FOLLOWS:

PART IGeneral Provisions

ARTICLE 1Definitions

• 1 

  For the purposes of this Convention:

  competent authority

  competent authority means, as regards Canada, the Minister or Ministers responsible for the application of the legislation of Canada; and, as regards the Kingdom of Morocco, the Minister responsible for the application of the Moroccan legislation;

  competent institution

  competent institution means, as regards Canada, the competent authority; and, as regards the Kingdom of Morocco, the National Social Security Fund (Caisse Nationale de Sécurité Sociale) as the managing body of the General Social Security Scheme and as the representative of the other competent institutions of Morocco;

  legislation

  legislation means, as regards a Party, the laws and regulations specified in Article 2 (1) with respect to that Party;

  insurance period

  insurance period means, as regards a Party, a period of contributions, employment, insurance or 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; and, as regards the Kingdom of Morocco, equivalent or assimilated periods;

  benefit

  benefit means, as regards a Party, any cash benefit, pension or allowance for which provision is made in the legislation of either Party and includes any supplements or increases applicable to such a cash benefit, pension or allowance;

  residence

  residence means, as regards Canada, residence as defined by the legislation of Canada; and, as regards the Kingdom of Morocco, ordinary residence as in the legal meaning of the term.

• 2 

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

ARTICLE 2Legislation to Which the Convention Applies

• 1 

  This Convention 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 the Kingdom of Morocco:
    • (i) 

      the legislation relating to the Social Security Scheme as modified or completed, limited to long term benefits and to the death allowance payable to the survivors of an insured person or of a beneficiary of an old age pension, or a disability pension or benefit,
    • (ii) 

      the legislation relating to work accident and professional illnesses (provisions relating to benefits),
    • (iii) 

      the legislation, regulation or statutory provisions agreed upon by the public authority relating to special social security schemes in so far as they provide coverage of salaried workers or those considered as such, and related to current risks and benefits as provided for by the legislation of social security schemes.
• 2 

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

  This Convention shall apply to laws and regulations which extend the legislation of a Party to new categories of beneficiaries or to new benefits unless an objection on the part of that Party has been communicated to the other Party no later than three months following the entry into force of such laws and regulations.

ARTICLE 3Persons to Whom the Convention Applies

This Convention shall apply to:

• (a) 

  for Canada, any person who is or who has been subject to the legislation of Canada, and to the dependants and survivors of such a person;
• (b) 

  for the Kingdom of Morocco, any salaried person or a person considered as such who is or who has been subject to the legislation of Morocco and to the beneficiaries of such a person.

ARTICLE 4Equality of Treatment

For the application of the legislation of a Party, any person described in Article 3 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 or nationals of the latter Party.

ARTICLE 5Export of Benefits

• 1 

  Unless otherwise provided in this Convention, benefits payable under the legislation of a Party to any person described in Article 3, including benefits acquired by virtue of this Convention, 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 these benefits shall be paid in the territory of the other Party.
• 2 

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

PART IIProvisions Concerning the Applicable Legislation

ARTICLE 6Provisions Regarding Coverage

• 1 

  Subject to the following provisions of this Article:
  • (a) 

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

    a self-employed person who ordinarily resides in the territory of a Party and who works for his or her own account in the territory of the other Party or in the territories of both Parties shall, in respect of that work, be subject only to the legislation of the first Party.
• 2 

  An employed person who is subject to the legislation of a Party and who performs services in the territory of the other Party for the same employer shall, in respect of those services, be subject only to the legislation of the first Party as though those services were performed in its territory and for a period not exceeding thirty-six months.

  A period of detachment may be extended for more than thirtysix months up to a maximum of sixty months with the prior consent of the competent or delegated authorities of the Parties.

• 3 

  A person who, but for this Convention, would be subject to the legislation of both Parties in respect of employment as a member of the crew of a ship or an 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 the Kingdom of Morocco if he or she ordinarily resides in the Kingdom of Morocco.
• 4 

  A person who is employed at a harbour of a Party for the purpose of loading or unloading, carrying out inspection or repair work, shall be subject to the legislation of the Party in whose territory the harbour is located.
• 5 

  An employed person shall, in respect of the duties of a government employment performed in the territory of the other Party, be subject to the legislation of the latter Party only if he or she is a citizen thereof or ordinarily resides in its territory. In the latter case, that person may, however, elect to be subject only to the legislation of the first Party if he or she is a citizen thereof.
• 6 

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

ARTICLE 7Definition of Certain Periods of Residence with Respect to the Legislation of Canada

• 1 

  For the purpose of calculating the amount of benefits under the Old Age Security Act:
  • (a) 

    if a person is subject to the Canada Pension Plan or to the comprehensive pension plan of a province of Canada during any period of presence or residence in the Kingdom of Morocco, 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 the Kingdom of Morocco by reason of employment or self-employment; and
  • (b) 

    if a person is subject to the legislation of the Kingdom of Morocco during any period of presence or residence in the territory of Canada, that period shall not be considered as a period of residence in Canada for that person and for that person’s spouse and dependants who reside with him or her and who are not subject to the Canada Pension Plan or to the comprehensive pension plan of a province of Canada by reason of employment or selfemployment.
• 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 the Kingdom of Morocco only if that person makes contributions pursuant to the plan concerned during that period by reason of employment or selfemployment; and
  • (b) 

    a person shall be considered to be subject to the legislation of the Kingdom of Morocco 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.

PART IIIProvisions Concerning Benefits

CHAPTER 1Totalizing Periods

ARTICLE 8Periods under the Legislation of Canada and the Kingdom of Morocco

• 1 

  If a person is not entitled to the payment of a benefit because he or she has not accumulated sufficient insurance periods under the legislation of a Party, the entitlement of that person to the payment of that benefit shall be determined by totalizing these periods and those specified in paragraphs 2 and 3 of this Article, provided that the periods do not overlap.
• 2 (a) 

  For purposes of determining entitlement to the payment of a benefit under the Old Age Security Act of Canada, any insurance period under the legislation of the Kingdom of Morocco shall be considered as a period of residence in the territory of Canada.
  • (b) 

    For purposes of determining entitlement to the payment of a benefit under the Canada Pension Plan, any calendar year including at least three months or seventyeight days of insurance under the legislation of the Kingdom of Morocco shall be considered as a year in which contributions were paid under the Canada Pension Plan.
• 3 

  For purposes of determining entitlement to the payment of a benefit under the legislation of the Kingdom of Morocco:
  • (a) 

    a calendar year which is a period of insurance under the Canada Pension Plan shall be considered as three hundred and twelve days of contributions under the legislation of the Kingdom of Morocco;
  • (b) 

    a day which is a period of insurance under the Old Age Security Act of Canada and which is not part of a period of insurance under the Canada Pension Plan shall be considered as a day of contributions under the legislation of the Kingdom of Morocco.

ARTICLE 9Periods Under the Legislation of a Third State

If a person is not entitled to the payment of a benefit on the basis of the periods of insurance under the legislation of the Parties, totalized as provided in Article 8, the entitlement of that person to the payment of that benefit shall be determined by totalizing these periods and periods of insurance under the legislation of a third State with which both Parties are bound by social security instruments which provide for totalizing of periods of insurance.

ARTICLE 10Minimum Insurance Period

• 1 

  Notwithstanding any other provision of this Convention, if the total duration of the periods of insurance accumulated under the legislation of Canada is less than one year and if, taking into account only those periods, no right to a benefit exists, the competent institution of Canada shall not be required to pay benefits.
• 2 

  Notwithstanding any other provision of this Convention, if the total duration of insurance periods accumulated under the legislation of the Kingdom of Morocco is less than three hundred and twelve days and if, taking into account only those periods, no right to a benefit exists, the competent institution of the Kingdom of Morocco shall not be required to pay benefits.

CHAPTER 2Benefits Under the Legislation of Canada

ARTICLE 11Benefits Under the Old Age Security Act

• 1 

  If a person is entitled to the payment of 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 in Canada which may be considered under that Act.
• 2 

  The provisions of paragraph 1 shall also apply to a person who is outside Canada and who is entitled to the payment of a full pension in Canada but who has not resided in Canada for the minimum period required by the Old Age Security Act for entitlement to the payment of a pension outside Canada.
• 3 

  Notwithstanding any other provision of this Convention:
  • (a) 

    an Old Age Security pension shall not be paid to a person who is outside Canada unless that person’s periods of residence, when totalized as provided in Chapter 1, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for entitlement to the payment of a pension outside Canada; and
  • (b) 

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

ARTICLE 12Benefits Under the Canada Pension Plan

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

• (a) 

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

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

    the amount of the flat-rate portion of the benefit determined in conformity with the provisions of the Canada Pension Plan

  by

  • (ii) 

    the fraction which represents the ratio of the periods of contributions to the Canada Pension Plan in relation to the minimum qualifying period required under that Plan to establish entitlement to that benefit, but in no case shall that fraction exceed the value of one.

CHAPTER 3Benefits Under the Legislation of the Kingdom of Morocco

ARTICLE 13Calculating the Amount of Benefit

In the case of persons who have accumulated sufficient periods of insurance under the legislation of the Kingdom of Morocco to be entitled to a benefit without taking into account the periods of insurance accumulated under the legislation of Canada, the competent institution of the Kingdom of Morocco shall determine the amount of the benefit payable in accordance with the provisions of the legislation of the Kingdom of Morocco, taking into account only the periods of insurance accumulated under that legislation.

ARTICLE 14Payment of Benefit

Benefits to which an insured person who has been subject to the legislation of both Parties is entitled under the legislation of the Kingdom of Morocco, shall be calculated as follows:

• (a) 

  the competent institution of the Kingdom of Morocco shall determine, according to its own legislation, if the insured person meets the entitlement conditions to benefits under that legislation, taking into account the totalizing of periods specified in Articles 8 and 9,
• (b) 

  if, after applying the totalizing provisions of subparagraph (a), the claimant is entitled to an old age, disability or survivors benefit under the legislation of the Kingdom of Morocco, the competent institution of the Kingdom of Morocco shall determine the theoretical benefit to which the insured person would be entitled if all the periods of insurance had been completed under its own legislation,
• (c) 

  the benefit payable to the insured person is established by reducing the amount of the theoretical benefit specified in subparagraph (b) by prorating the periods of insurance completed under the legislation of the Kingdom of Morocco in relation to the total periods of insurance totalized through the application of Articles 8 and 9.

ARTICLE 15Special Schemes

• 1 

  If in the application of the legislation of the Kingdom of Morocco, the entitlement to certain benefits is subject to the condition that the periods of insurance must have been completed in a profession subject to a special scheme, or in a particular profession or employment, then the periods of insurance completed under the legislation of Canada shall be taken into account to determine the entitlement to a benefit only if these periods of insurance were completed in the same profession or employment.
• 2 

  If, taking into account the periods of insurance so completed, the person concerned does not fulfill the conditions required to be entitled to those benefits, such periods of insurance shall be taken into account for the entitlement to benefits under the general scheme.

ARTICLE 16Payment of a Survivors’ Pension

• 1 

  If a death establishing entitlement to the payment of a survivors’ pension occurs before the worker became entitled to the payment of an old age pension, the benefits payable to his or her survivors shall be determined in accordance with the conditions specified in Article 14 of this Convention.
• 2 

  The widow’s pension eventually is divided, equally and definitively, between the beneficiaries, according to the conditions provided by the personal statute of the insured person.

PART IVAdministrative and Miscellaneous Provisions

ARTICLE 17Administrative Arrangement

• 1 

  The competent authorities of the Parties shall establish, by means of an administrative arrangement, the measures necessary for the application of this Convention.
• 2 

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

ARTICLE 18Exchange of Information and Mutual Assistance

• 1 

  The competent authorities and institutions responsible for the application of this Convention:
  • (a) 

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

    shall lend their good offices and furnish assistance to one another with regard to the determination of entitlement to and payment of any benefit under this Convention, or the legislation to which this Convention 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 Convention or about changes in their respective legislation in so far as these changes affect the application of this Convention.
• 2 

  The assistance referred to in subparagraph 1(b) shall be provided free of charge, subject to any provision contained in an Administrative Arrangement concluded pursuant to Article 17 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 Convention to that Party by the other Party is confidential and shall be used only for purposes of implementing this Convention and the legislation to which this Convention applies.

ARTICLE 19Exemption or Reduction of Taxes, Dues, Fees or Charges

• 1 

  Any exemption from or reduction of taxes, legal dues, consular fees or administrative charges for which provision is made in the legislation of a Party in connection with the issuing of any certificate or document required to be produced for the application of that legislation shall be extended to certificates or documents required to be produced for the application of the legislation of the other Party.
• 2 

  Any certificates or documents of an official nature required to be produced for the application of this Convention shall be exempt from any authentication by diplomatic or consular authorities and similar formality.

ARTICLE 20Language of Communication

• 1 

  For the application of this Convention, the competent authorities and institutions of the Parties may communicate directly with one another in any official language of either Party.
• 2 

  The competent institution of a Party may not refuse a document only because of the fact that the document is written in one of the official languages of the other Party.

ARTICLE 21Submitting Claims, Notices or Appeals

• 1 

  Any claim, notice or appeal concerning the determination or payment of a benefit under the legislation of a Party which should, for the purposes of that legislation, have been presented within a prescribed period to a competent authority or institution of that Party, but which is presented within the same period to an authority or institution of the other Party, shall be treated as if it had been presented to the competent institution of the first Party.
• 2 

  Unless the applicant requests that his or her claim for a benefit under the legislation of a Party be delayed, a claim for a benefit under the legislation of a Party, made after the date of entry into force of this Convention, 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, or
  • (b) 

    provides information indicating that periods of insurance have been completed under the legislation of the other Party.
• 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 competent authority or institution of the other Party.

ARTICLE 22Payment of Benefits

• 1 

  The competent institution of a Party shall discharge its obligations under this Convention in the currency of that Party.
• 2 

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

ARTICLE 23Resolution of Disputes

• 1 

  Any dispute between the Parties concerning the interpretation or the application of this Convention, shall be resolved by direct negotiations between the competent authorities of the Parties.
• 2 

  If the dispute cannot be resolved within a period of six months following the start of direct negotiations, it shall be submitted to an arbitral tribunal whose composition and procedures shall be determined by agreement between the Governments of the Parties. The arbitral tribunal shall resolve the dispute in accordance with the fundamental principles and spirit of this Convention. The decisions of the arbitral tribunal shall be final and binding.

ARTICLE 24Understandings with a Province of Canada

The relevant competent authorities of the Kingdom of Morocco 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 Convention.

PART VTransitional and Final Provisions

ARTICLE 25Transitional Provisions

• 1 

  Any period of insurance completed before the date of entry into force of this Convention shall be taken into account for the purpose of determining the right to a benefit under this Convention.
• 2 

  No provision of this Convention shall confer any right to receive a benefit for a period before the date of entry into force of this Convention.
• 3 

  Subject to paragraph 2, a benefit, other than a lump sum payment, shall be paid under this Convention even though it relates to an event which happened before the date of entry into force of this Convention.

ARTICLE 26Duration and Denunciation

• 1 

  This Convention shall remain in force without any limitation on its duration. It may be denounced at any time by either Party giving written notification to the other Party. The denunciation shall be given no more than six months before the end of a calendar year; the Convention shall then cease to be in force at the end of that year.
• 2 

  In the event this Convention ceases to be in force, 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 27Entry into Force

This Convention shall enter into force on the first day of the fourth month following the month in which each Party shall have received from the other Party written notification that it has complied with all statutory requirements for the entry into force of this Convention.

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

DONE in two copies at Rabat, this 1^st day of July, 1998, in the Arabic, English and French languages, each text being equally authentic.