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Have agreed as follows:

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Article IV of the Agreement is amended by:

• (a) designating the existing text of Article IV as paragraph 1; and

• (b) adding, immediately after paragraph 1, the following paragraphs:

  • “2 In a case in which a benefit under the Employment Pensions Scheme of Finland would be payable by virtue of this Agreement to a citizen of Canada residing in the territory of Canada, that benefit shall be paid to a citizen of Canada residing in the territory of a third State on the same conditions and to the same extent as that benefit is payable to a citizen of Finland residing in the territory of that third State, provided that the third State is one with which Finland has concluded a social security agreement or a comparable instrument.

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• 1 Paragraph 2 of Article V of the Agreement is deleted and the following paragraph substituted in its place:

  • “2 A person who:

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    • (c) is sent to perform services in the territory of the other Party in the course of that employment for the same or a related 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. In the case of an assignment in the territory of the other Party, this coverage may not be maintained for more than 36 months without the prior consent of the competent authorities of both Parties.”

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Article VI of the Agreement is amended by:

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• (b) designating the existing text of Article VI as paragraph 1;

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• (d) adding, immediately after paragraph 1, the following paragraph:

  • “2 For the purposes of the National Pensions Scheme of Finland:

    • (a) if a person is subject to the legislation of Finland during any period of residence in the territory of Canada, that period shall be accepted as a period of residence in Finland for that person as well as for that person’s accompanying 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;

    • (b) if a person is subject to the legislation of Canada during any period of residence in the territory of Finland, that period shall not be accepted as a period of residence in Finland for that person and for that person’s accompanying spouse and dependants who reside with him or her and who are not subject to the Employment Pensions Scheme of Finland by reason of employment.”

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Chapter 2 of Part III of the Agreement is deleted and the following Chapter substituted in its place:

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• 1 Any creditable period completed before the date of entry into force of this Protocol shall be taken into account for the purpose of determining the right to a benefit under the Agreement as amended by this Protocol.

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• 3 Benefits under the Agreement as amended by this Protocol shall also be granted in respect of contingencies that occurred before the date of entry into force of this Protocol.

• 4 A benefit granted under the provisions previously applied shall not be subject to reduction or cancellation as a result of any provision of this Protocol.

• 5 A benefit granted under the provisions previously applied shall, at the request of the beneficiary, be converted to a benefit determined in conformity with the provisions of the Agreement as amended by this Protocol.

• 6 If, upon the entry into force of this Protocol, an application for a benefit under the legislation of a Party is pending, and if the competent institution of that Party subsequently determines that the applicant is entitled to that benefit both for a period before the date of entry into force of this Protocol and for a period after that date, that competent institution shall calculate the amount of benefit payable as follows:

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  • (b) for any period after the date of entry into force of this Protocol, the amount of benefit payable shall be re-determined in conformity with the provisions of the Agreement as amended by this Protocol, provided that the benefit, when so calculated, is more advantageous to the beneficiary than the benefit calculated under the provisions previously applied.

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The Final Protocol is amended by:

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• (b) deleting sub-paragraph 3(c) and substituting the following sub-paragraph in its place:

  “where an employed person is sent from the territory of one Party to perform services in the territory of the other Party as referred to in paragraph 2 of Article V of this Agreement, no contributions shall be payable under the legislation of the other Party in respect of earnings from that employment.”;

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• 2 On the entry into force of this Protocol, any reference in the Agreement, the Final Protocol or this Protocol to “this Agreement” shall be taken to mean the Agreement as amended by this Protocol.

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• 4 In the event of the denunciation of the Agreement through the application of paragraph 2 of Article XXI thereof, this Protocol shall also be denounced, with effect on the same date as the termination of the Agreement.

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