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hereinafter referred to as “the Parties”,

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HAVE AGREED AS FOLLOWS:

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    • (i) 

      as regards the Republic of Poland, the laws and other regulations specified in Article 2(1)(a), and
    • (ii) 

      as regards Canada, the laws and regulations specified in Article 2(1)(b);

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    • (i) 

      as regards the Republic of Poland, the Minister competent for social security issues, and
    • (ii) 

      as regards Canada, the Minister or Ministers responsible for the application of the legislation of Canada;

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    • (i) 

      as regards the Republic of Poland, the institution which is competent for the application of the legislation, and
    • (ii) 

      as regards Canada, the competent authority;

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    • (i) 

      as regards the Republic of Poland, a period used to acquire the right to a benefit under the legislation of the Republic of Poland which includes periods of contribution, equivalent periods and periods of non-contribution, and
    • (ii) 

      as regards Canada, a period of contribution used to acquire the right to a benefit under the Canada Pension Plan, a period during which a disability pension is payable under that Plan or a period of residence used to acquire the right to a benefit under the Old Age Security Act;

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    • (i) 

      as regards the Republic of Poland, the territory of the Republic of Poland, and
    • (ii) 

      as regards Canada, the territory of Canada.

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    • (ii) 

      one-time indemnity payments and pensions awarded as a result of work accidents and occupational diseases, and

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This Agreement shall apply to any person who is or who has been subject to the legislation of one or both Parties, as well as to other persons who derive rights from such a person.

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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 and under the same conditions as citizens of the latter Party.

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• 3 

  Benefits payable under this Agreement to a person who is or who has been subject to the legislation of both Parties, or to a person who derives rights from such a person, shall be paid when that person, or a person who derives rights from such a person, resides in the territory of a third State, under the same conditions as its own citizens residing in the territory of a third State.

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An employed person who is subject to the legislation of a Party and who works in the territory of the other Party for the same or related employer shall, in respect of that work, be subject only to the legislation of the first Party as though that work was performed in its territory. This period of detachment may not be maintained for more than 60 months without the consent of the competent authorities of both Parties.

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• 3 

  Except as provided in paragraphs 1 and 2, a person who resides in the territory of a Party and who is engaged therein in government employment for the other Party shall, in respect of that employment, be subject only to the legislation of the first Party.

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  • (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 territory of the Republic of Poland, that period shall be considered as a period of residence in Canada for that person; it shall also be considered to be a period of residence in Canada for that person’s spouse or common-law partner and dependants who reside with him or her and who are not subject to the legislation of the Republic of Poland by reason of employment or self-employment;
  • (b) 

    if a person is subject to the legislation of the Republic of Poland 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; it shall also not be considered as a period of residence in Canada for that person’s spouse or common-law partner and dependants who reside with him or her and who are not subject to the Canada Pension Plan or to the comprehensive pension plan of a province of Canada by reason of employment or self-employment.

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  • (a) 

    for a benefit under the Old Age Security Act of Canada, a creditable period under the legislation of the Republic of Poland shall be considered as a period of residence in Canada;
  • (b) 

    for a benefit under the Canada Pension Plan, a calendar year including at least 3 months which are creditable periods under the legislation of the Republic of Poland shall be considered as a year which is creditable under the Canada Pension Plan.

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  • (a) 

    a calendar year which is a creditable period under the Canada Pension Plan shall be considered as 12 months which are creditable under the legislation of the Republic of Poland;
  • (b) 

    a month which is a creditable period under the Old Age Security Act of Canada and which is not part of a creditable period under the Canada Pension Plan shall be considered as a month which is creditable under the legislation of the Republic of Poland.
• 4 

  For the purpose of determining eligibility for a benefit other than an old age pension under the legislation of the Republic of Poland, a calendar year which is a creditable period under the Canada Pension Plan shall be considered as 12 months which are creditable under the legislation of the Republic of Poland.

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If a person is not eligible for a benefit on the basis of the creditable periods under the legislation of the Parties, totalized as provided in Article 11, the eligibility of that person for that benefit shall be determined by totalizing these periods and creditable periods completed under the legislation of a third State with which both Parties are bound by social security instruments which provide for the totalizing of periods.

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  • (a) 

    an Old Age Security pension shall be paid to a person who is outside the territory of Canada only if that person’s periods of residence, when totalized as provided in Chapter 1, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for the payment of a pension outside the territory of Canada;

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  • (b) 

    shall lend their good offices and furnish assistance to one another for the purpose of determining eligibility for, or the amount of, any benefit under this Agreement, or under the legislation to which this Agreement applies, as if the matter involved the application of their own legislation;
  • (c) 

    shall communicate to each other, as soon as possible, all information about the measures taken by them for the application of this Agreement or about changes in their legislation in so far as these changes affect the application of this Agreement.

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• 1 

  Claims, notices and appeals concerning eligibility for, or the amount of, a benefit under the legislation of a Party which should, for the purposes of that legislation, have been presented within a prescribed period to a competent authority, liaison agency or competent institution of that Party, but which are presented within the same period to a competent authority, liaison agency or competent institution of the other Party, shall be treated as if they had been presented to the competent authority, liaison agency or competent institution of the first Party. The date of presentation of claims, notices and appeals to the competent authority, liaison agency or competent institution of the other Party shall be deemed to be the date of their presentation to the competent authority, liaison agency or competent institution of the first Party.

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The relevant authority of the Republic of Poland and a province of Canada may conclude understandings concerning any social security matter within provincial jurisdiction in Canada in so far as those understandings are not inconsistent with the provisions of this Agreement.

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