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Proclamation Giving Notice That the Memorandum of Understanding Between the Government of Canada and the Government of the United Kingdom of Great Britain and Northern Ireland Concerning Co-operation and Mutual Assistance in the Administration of Social Security Programmes Comes Into Force April 1, 1998 (SI/98-50)

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Proclamation Giving Notice That the Memorandum of Understanding Between the Government of Canada and the Government of the United Kingdom of Great Britain and Northern Ireland Concerning Co-operation and Mutual Assistance in the Administration of Social Security Programmes Comes Into Force April 1, 1998

SI/98-50

OLD AGE SECURITY ACT

Registration 1998-04-01

Proclamation Giving Notice That the Memorandum of Understanding Between the Government of Canada and the Government of the United Kingdom of Great Britain and Northern Ireland Concerning Co-operation and Mutual Assistance in the Administration of Social Security Programmes Comes Into Force April 1, 1998

ROMÉO LEBLANC

[L.S.]

Canada

Elizabeth the Second, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.

To All to Whom these Presents shall come or whom the same may in any way concern,

Greeting:

RICHARD THOMPSON
Acting/Deputy Attorney General

A Proclamation

Whereas, by Order in Council P.C. 1997-495 of April 8, 1997, the Governor in Council declared that, in accordance with Article XIV of the Memorandum of Understanding between the Government of Canada and the Government of the United Kingdom of Great Britain and Northern Ireland concerning Co-operation and Mutual Assistance in the Administration of Social Security Programmes, signed on January 16, 1997, the Memorandum of Understanding shall enter into force on the first day of the fourth month following the month in which each Party shall have received written notification from the other Party that it has complied with all statutory requirements for the entry into force of the Memorandum of Understanding;

Whereas the Order was laid before Parliament on October 2, 1997;

Whereas, before the twentieth sitting day after the Order was laid before Parliament, no motion for the consideration of either House to the effect that the Order be revoked was filed with the Speaker of the appropriate House;

Whereas, pursuant to subsection 42(2) of the Old Age Security Act, the Order came into force on the thirtieth sitting day after it was laid before Parliament, being November 27, 1997;

Whereas instruments of ratification were exchanged on December 29, 1997;

Whereas the Memorandum of Understanding will enter into force on the first day of the fourth month following the month in which the instruments of ratification were exchanged, being April 1, 1998;

And whereas, by Order in Council P.C. 1998-288 of February 26, 1998, the Governor in Council directed that a Proclamation do issue giving notice that the Memorandum of Understanding between the Government of Canada and the Government of the United Kingdom of Great Britain and Northern Ireland concerning Co-operation and Mutual Assistance in the Administration of Social Security Programmes, is in force as of April 1, 1998;

Now Know You that We, by and with the advice of Our Privy Council for Canada, do by this Our Proclamation give notice that the Memorandum of Understanding between the Government of Canada and the Government of the United Kingdom of Great Britain and Northern Ireland concerning Co-operation and Mutual Assistance in the Administration of Social Security Programmes, signed on January 16, 1997, a copy of which is annexed hereto, is in force as of April 1, 1998.

Of All Which Our Loving Subjects and all others whom these Presents may concern are hereby required to take notice and to govern themselves accordingly.

In Testimony Whereof, We have caused these Our Letters to be made Patent and the Great Seal of Canada to be hereunto affixed. Witness: Our Right Trusty and Well-beloved Roméo A. LeBlanc, a Member of Our Privy Council for Canada, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Governor General and Commander-in-Chief of Canada.

At Our Government House, in Our City of Ottawa, this twentieth day of March in the year of Our Lord one thousand nine hundred and ninety-eight and in the forty-seventh year of Our Reign.

By Command,

KEVIN G. LYNCH
Deputy Registrar General of Canada

Memorandum of Understanding Between the Government of Canada and the Government of the United Kingdom of Great Britain and Northern Ireland Concerning Co-Operation and Mutual Assistance in the Administration of Social Security Programmess

The Government of Canada

and

the Government of the United Kingdom of Great Britain and Northern Ireland

(hereinafter referred to as the “Participants”),

With the purpose of improving the administrative efficiency, cost effectiveness and integrity of their social security systems as they apply to the determination of eligibility and the payment of benefits,

Intend to establish a programme of mutual administrative assistance, and

Have reached the following understanding:

SCOPE OF CO-OPERATION AND MUTUAL ADMINISTRATIVE ASSISTANCE

  • 1 This Memorandum of Understanding (hereinafter referred to as the “Memorandum”) will apply,

  • (a) in relation to Canada, to:

  • (b) in relation to Great Britain, to:

theSocial Security Administration Act 1992, theSocial Security Contributions and Benefits Act 1992, theSocial Security (Consequential Provisions) Act 1992, theSocial Security (Incapacity for Work) Act 1994, and theJobseekers Act 1995;

  • (c) 
    in relation to Northern Ireland, to:

theSocial Security Administration (Northern Ireland) Act 1992 , theSocial Security Contributions and Benefits (Northern Ireland) Act 1992, theSocial Security (Consequential Provisions) (Northern Ireland) Act 1992 , theand theSocial Security (Incapacity for Work) (Northern Ireland) Order 1994 Jobseekers (Northern Ireland) Order 1995 ;

and the legislation which was repealed or consolidated by those Acts or Orders or repealed by legislation consolidated by them

  • 2 In this Memorandum, the term agent means,

  • (a) in relation to Canada, the Department of Human Resources Development;

  • (b) in relation to Great Britain, the Department of Social Security; and

  • (c) in relation to Northern Ireland, the Department of Health and Social Services.

  • 3 In accordance with the procedures to be outlined in one or more Appendices to this Memorandum, the agents of the Participants will co-operate and assist each other in administering the legislation specified in paragraph 1. This programme of mutual administrative assistance may include both general exchanges of information and the provision of assistance with specific investigations and enquiries in accordance with the Participants’ respective domestic statutes.

  • 4 To the extent permitted by the legislation which they administer, the agents of the Participants will communicate to each other any information necessary to carry out the programme of mutual administrative assistance to which this Memorandum and its Appendices apply.

  • 5 Unless disclosure is required under the statutes of a Participant, information about an individual which the agent of one Participant transmits to an agent of the other Participant in accordance with this Memorandum or its Appendices will be used exclusively for the purpose of administering the legislation specified in paragraph 1 of this Memorandum. Such information received by the agent of a Participant will be governed by the statutes applicable to that Participant for the protection of privacy and confidentiality of personal data.

  • 6 In no case will the agent of a Participant be expected to carry out administrative measures at variance with the statutes or the administrative practice of that Participant, or to furnish information which is not obtainable under the legislation of that Participant.

MANAGEMENT

  • 7 The programme of mutual administrative assistance will be under the general direction of a Management Committee, whose function will be to carry out an ongoing review of policy and procedures relating to the programme. The Committee will consist of four members:

  • (a) For Canada, on behalf of the Minister of Human Resources Development:

  • (i) the Director General, International Benefits, Income Security Programs, Department of Human Resources Development, or his or her designee(s);

  • (ii) the Director General, Programs, Income Security Programs, Department of Human Resources Development, or his or her designee(s);

  • (b) For the United Kingdom, on behalf of the Secretary of State for Social Security and the Department of Health and Social Services for Northern Ireland:

  • (i) the Head of International Relations Branch, Department of Social Security, or his or her designee(s);

  • (ii) the Territorial Director, Benefits Agency, Department of Social Security, or his or her designee(s).

  • 8 The programme of mutual administrative assistance, and any modifications to that programme, will be set out in writing as Appendices to this Memorandum and signed by the members of the Management Committee or their designees.

  • 9 The Management Committee will be responsible for the co-ordination, and any modification, of the programme of mutual administrative assistance to be set out later in one or more Appendices to this Memorandum. The Committee will review the various timeframes for the performance of functions set out in the Appendices in order to ensure that the required standards are met to the extent possible, or to modify the timeframes, where appropriate.

  • 10 The Management Committee will be responsible for exchanging statistics and other information regarding workloads and other administrative matters associated with the programme of mutual administrative assistance. The content and form of the statistics and information to be exchanged will be agreed upon by the Management Committee.

  • 11 The Management Committee will meet, as required, to review progress and establish programme guidance and priorities.

EXPENSES

  • 12 Each agent will furnish assistance in accordance with this Memorandum without charge to the other agents. The Management Committee will periodically review the expenses involved in furnishing assistance under this Memorandum with a view toward balancing the costs incurred by each side.

INTERPRETATION AND APPLICATION

  • 13 Any dispute regarding the interpretation or application of this Memorandum or its Appendices will be resolved by the Management Committee, and will not be referred to any international tribunal or third party for settlement.

PERIOD OF OPERATION

  • 14 This Memorandum will come into effect on the first day of the fourth month following the month in which each Participant will have received from the other Participant written notification that it has complied with all requirements to give effect to this Memorandum. It will remain in operation until terminated by either Participant by giving three months’ notice in writing to the other Participant through diplomatic channels.

SIGNEDin duplicate in the French and English languages, both texts having equal validity.

FOR THE GOVERNMENT OF CANADA

(Pierre S. Pettigrew)

FOR THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND

(Peter Lilley)

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