Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 (SI/91-115)

Pursuant to Article XVIII of the Agreement on Social Security between Canada and the Kingdom of the Netherlands, concluded on February 26, the competent authorities:

for Canada,

the Minister of National Health and Welfare

for the Netherlands,

the Minister for Social Affairs and Employment

Have agreed on the following provisions:

PART IGeneral Provisions

ARTICLE 1Definitions

• 1 For the application of this Administrative Arrangement, “Agreement” means the Agreement on Social Security between the Kingdom of the Netherlands and Canada, signed at The Hague on February 26, 1987.

• 2 Other terms will have the meaning given to them in the Agreement.

ARTICLE 2Liaison Agencies

• 1 The following are designated as liaison agencies, pursuant to Article XVIII of the Agreement:

  for Canada:

  International Operation Division,

  Income Security Programs Branch,

  Department of National Health and Welfare,

  Ottawa;

  for the Netherlands;

  • (a) as regards old age, widow’s and orphan’s insurance: Sociale Verzekeringsbank (Social Insurance Bank), Amsterdam;

  • (b) as regards invalidity insurance: Gemeenschappelijk Administratiekantoor (Joint Administration Office), Amsterdam.

• 2 The duties of the liaison agencies are stated in this Arrangement. For the application of the Agreement, the liaison agencies may communicate directly with each other as well as with the persons concerned or their representatives. The liaison agencies of the Parties will assist each other in the application of the Agreement.

ARTICLE 3Competent Institution

The competent institution for the application of Articles XII and XIII of the Agreement is the Nieuwe Algemene Bedrijfsvereniging (New General Professional Association), Amsterdam.

PART IIProvisions Concerning the Applicable Legislation

ARTICLE 4

• 1 For the purposes of this Article, “institution” means, as regards Canada, the Source Deductions Division, Department of National Revenue, Taxation and, as regards the Netherlands, the Sociale Verzekeringsraad (Social Insurance Council).

• 2

  • (a) When the legislation of a Party is applicable in the circumstances described in paragraph 2 or 3 of Article VI of the Agreement, the institution of that Party will, at the request of the employed person or the employer of that person, issue a certificate certifying, in respect of the work in question, that the employed person is subject to that legislation until the date indicated.

  • (b) When the employed person described in subparagraph (a) takes on an employment in the territory of the other Party by a different employer located in that territory, the employed person must, without delay, inform the institution that issued the certificate. That institution will thereupon revoke the certificate and inform the institution of the other Party.

  • (c) Until revoked, a certificate issued under subparagraph (a) or under paragraph 3 of this Article will be accepted as evidence that the employed person is not subject to the legislation of the other Party in respect of the work or employment for which the certificate was issued.

• 3 When the legislation of a Party is applicable by reason of an election under paragraph 5 of Article VI of the Agreement or agreement of the competent authorities under paragraph 6 of that Article, the institution of that party will issue a certificate certifying in respect of the work or employment in question, that the employed person is subject to that legislation.

• 4 To make an election under paragraph 5(a) of Article VI of the Agreement the employed person must, within the stated time limit give notice in writing to his or her employer and to the institution of the Party whose legislation is to apply.

• 5 The institution of the Party that has issued a certificate under paragraph 2(a) or 3 of this Article will send copies of it to the employed person as well as to that person’s employer and the institution of the other Party.

PART IIIProvisions Concerning Benefits

ARTICLE 5Processing an Application

• 1 The competent institution of one Party which receives an application for a benefit under the legislation of the other Party will without delay, send the application form to the liaison agency of the other Party.

• 2 Along with the application form, the competent institution of the first Party will also transmit any documentation available to in which may be necessary for the competent institution of the other Party to establish the entitlement of the applicant to a benefit. In the case of an application for a benefit under the Old Age Security Act of Canada, this documentation will include, to the extent possible certification of periods of residence completed in the territory of the Netherlands. In the case of an application for a benefit under the Netherlands legislation on invalidity insurance, this documentation will include a certificate of invalidity issued by a competent medical practitioner in which the initial date of incapacity for work is indicated.

• 3 The personal information regarding an individual contained in the application form will be duly certified by the competent institution of the first Party which will confirm that the information is corroborated by documentary evidence; the transmission of the form so certified will exempt the competent institution from sending the corroboratory documents.

• 4 In addition to the application form and documentation referred to in paragraphs 1 and 2, the competent institution of the first Party will send to the liaison agency of the other Party a liaison form which will indicate, in particular, the periods creditable under the legislation of the first Party.

• 5 On receipt of the liaison form, the liaison agency of the other Party will add the information concerning the periods creditable under the legislation which it administers and will, without delay, return the liaison form to the competent institution of the first Party.

• 6 Each competent institution will subsequently determine the applicant’s eligibility and notify the other institution of the benefits, if any, granted to the applicant.

PART IVMiscellaneous Provisions

ARTICLE 6Medical Examinations

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

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

• 3 The amounts due as a result of applying the provisions of paragraph 2 will be reimbursed without delay on receipt of a detailed statement of the costs incurred.

ARTICLE 7Forms and Procedures

• 1 The liaison agencies of the Parties will agree on the forms and procedures necessary to implement the Agreement and the Administrative Arrangement.

• 2 However, the certificates referred to in Article 4 of the Arrangement will be issued on forms agreed on, as regards Canada by the Source Deductions Division, Department of National Revenue, Taxation and, as regards the Netherlands, by its liaison agencies.

ARTICLE 8Statistics

The liaison agencies of the Parties will exchange statistics on an annual basis, and in a form to be agreed upon, regarding the payment which each has made under the Agreement. These statistics include data on the number of beneficiaries and the total amount benefits paid, by type of benefit.

ARTICLE 9Entry into Effect

This Administrative Arrangement will take effect on the date of entry into force of the Agreement and will have the same period of duration.

Supplementary Agreement Amending the Agreement on Social Security Between Canada and the Kingdom of the Netherlands

The Government of Canada and the Government of the Kingdom of the Netherlands,

Having considered the Agreement on Social Security between Canada and the Kingdom of the Netherlands, signed February 26, 1987, (hereinafter referred to as “the Agreement”), and

Having determined the need to modify certain provisions relating to the rights to benefits under the Agreement,

Have agreed as follows:

ARTICLE I

Subparagraph 3(a) of Article X of the Agreement shall be deleted and replaced by the following new subparagraph:

“3.(a) Notwithstanding any other provision of this Agreement, the competent institution of Canada shall not be liable to pay an Old Age Security pension outside the territory of Canada to a person unless he or she has resided in Canada within the meaning of the Old Age Security Act for a period of at least one year after December 31, 1956 and unless the creditable periods, when totalized as provided in this Agreement, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for payment of a pension abroad.”

ARTICLE II

• 1 Paragraph 2 of Article XIV of the Agreement shall be deleted and replaced by the following new paragraph:

  “2. Subject to paragraph 3, periods before January 1, 1957 during which a national of one Party or a person described in paragraph 2(b) or (c) of Article IV resided in the territory of the Netherlands after reaching the age of fifteen or during which, while residing in another country, the person was gainfully employed in the Netherlands shall also be considered as creditable periods if the person does not satisfy the conditions of the Netherlands legislation permitting such periods to be treated for that person as creditable periods.”

• 2 Paragraph 3 of Article XIV of the Agreement shall be deleted and replaced by the following new paragraph:

  “3. The periods referred to in paragraph 2 shall be taken into consideration in the calculation of the old age pension only if the person has been insured within the meaning of Article 6 of the Netherlands General Old Age Pensions Act and the person has resided for at leat six years in the territory of one or both Parties after reaching the age of fifty-nine and only while the person is residing in the territory of either Party. However, these periods shall not be taken into consideration if they coincide with periods taken into consideration if in the calculation of an old age pension under the legislation of a country other than the Netherlands.”

ARTICLE III

This Supplementary Agreement shall enter into force on the date of entry into force of the Agreement and shall have the same period of validity.

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

Done in two copies at Ottawa, this 26th day of July, 1989, in the English, French and Dutch languages, each text being equally authentic.