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The Government of Canada and the Government of Italy have agreed as follows:
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For the purposes of this Agreement, unless the context otherwise requires:
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(e) worker means, in relation to Italy, a person treated as a worker by Italian legislation, and in relation to Canada, a person who is employed in pensionable employment under the Canada Pension Plan;
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(f) Government employment includes, in relation to Italy employment of a person by an agency on the basis of a public law relationship and, in relation to Canada, means employment as a member of the Royal Canadian Mounted Police or the Armed Forces of Canada, employment of any person by the Government of Canada or the government or a municipal corporation of any province and includes any employment as may be so designated, from time to time, by the competent authorities of either Party;
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(m) survivor’s benefit means, in relation to Italy, a pension payable under Italian legislation to the categories of family members of an insured person or of a deceased pensioner, recognized, according to that legislation, as survivors of the insured person or deceased pensioner and, in relation to Canada, a survivor’s pension payable to the surviving spouse under the Canada Pension Plan;
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(1) This Agreement applies to persons who are, or who have been, subject to the legislation referred to in Article II, and to their dependants and survivors, as specified by the legislation of either Party.
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(2) Subject to this Agreement, a person to whom the legislation of either Party applies by virtue of this Agreement shall have extended to him the rights and obligations of that legislation under the same conditions as if he were subject to that legislation without recourse to this Agreement.
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(2) Where a person who is subject to the legislation of Canada and employed in government employment in respect of Canada, is sent in the course of his employment to the territory of Italy, the legislation of Italy shall not apply to him and the legislation of Canada shall apply to him as if he were employed in its territory.
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(1) Subject to the provisions of paragraph (2), where a citizen of one Party is employed on board any ship of the other Party, the legislation of the latter Party shall apply to him as if any condition concerning citizenship, residence or domicile were satisfied in his case.
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(1) Subject to paragraph (2), where, under the terms of this Part, a person other than a person referred to in Articles VII and VIII is subject to the legislation of Canada during any period of residence in the territory of Italy, that period of residence shall, in respect of that person, his spouse and dependants who accompany and reside with him, be treated as a period of residence in Canada for the purposes of a claim to old age benefit under the legislation of Canada.
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(2) Periods during which a spouse or a dependant person referred to in paragraph (1) is subject, by reason of employment, to the legislation of Italy, shall not be treated as periods of residence in Canada for the purposes of any claim to old age benefit under the legislation of Canada.
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(3) Subject to paragraph (4) where, under the terms of this Part, a person other than a person referred to in Articles VII and VIII is subject to the legislation of Italy during any period of residence in the territory of Canada, that period in respect of that person, his spouse and dependants who accompany and reside with him shall not be treated as residence in Canada for the purposes of any claim to the old age benefit under the legislation of Canada.
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(4) Periods during which a spouse or a dependant person referred to in paragraph (3) is contributing to the Canada Pension Plan shall be treated as periods of residence in Canada for the purposes of any claim to old age benefit under the legislation of Canada.
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Notwithstanding Articles V, VI, VII and VIII, the competent authorities may make such arrangements as they may deem necessary in the interests of particular persons or categories of persons, according to the spirit and fundamental principles of this Agreement.
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(1) If a person is entitled to old age benefit under the legislation of either Party without recourse to the following provisions of this Article, the benefit payable under the legislation of Italy shall be payable in the territory of Canada; and the benefit payable under the legislation of Canada shall be payable in the territory of Italy provided that either the number of years of residence in Canada under legislation of Canada total to at least twenty, or the periods of residence in the territories of both Parties aggregated pursuant to the rules referred to in paragraph (4) of this Article when expressed as years in Canada total to at least twenty.
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(4)
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(a) For purposes of determining the amount of old age benefit payable by Canada under paragraph (5) of this Article, residence in the territory of Italy shall be treated as residence in the territory of Canada.
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(b) For purposes of determining the amount of old age benefit payable by Italy under paragraph (5) of this Article,
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(i) a week ending on or before December 31, 1965, which would be recognized as a week of residence under the Old Age Security Act shall be treated as a week of contributions under the legislation of Italy;
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(ii) a year commencing on or after January 1, 1966, in which a contribution has been made to the Canada Pension Plan shall be accepted as 52 weeks of contribution under the legislation of Italy and in a year in which an equivalent period is credited under the Canada Pension Plan and no contribution to that program is made, a week in that equivalent period shall be accepted as a week of contributions under the legislation of Italy;
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(iii) a week commencing on or after January 1, 1966, which would be a week of residence for the purposes of the Old Age Security Act and in relation to which no contribution has been made under the Canada Pension Plan, shall be accepted as a week of contributions under the legislation of Italy.
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(5)
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(b) Each Party shall pay an amount determined by multiplying the theoretical amount referred to in subparagraph (a) by the fraction that the periods credited under the legislation of that Party is, either of the total of periods credited under the legislation of both Parties, or of such period as may be provided for by administrative arrangements.
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(3) If a person is not entitled to a benefit on the basis of the periods credited under the legislation of either Party, entitlement to the benefit shall be determined by totalizing the credited periods in accordance with the provisions of the succeeding paragraphs of this Article. For the purposes of the survivor’s benefit, children’s benefit and the death benefit only, any reference in this Article to a credited period shall be construed as applying to the person by virtue of whose contributions a benefit is being claimed.
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(4)
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(a) For the purposes of determining the amount of a benefit payable by Canada under paragraph (5) of this Article, a year for which contributions were made under the legislation of Italy in at least 13 weeks shall be accepted as a year for which contributions have been made under the Canada Pension Plan, subject to provisions regarding minimum contributory periods under the Canada Pension Plan as may be contained in administrative arrangements.
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Where, pursuant to the legislation of Italy, a person is entitled to receive an old age, disability or survivor’s benefit while in the territory of either Party, he will be entitled to receive an increase of the benefit or a family allowance with respect to a dependant if the dependant is resident in the territory of either Party and as specified in administrative arrangements.
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(1) The competent authorities and the institutions responsible for the application of this Agreement:
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(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 respective legislation insofar as these changes affect the application of the provisions of this Agreement.
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(3) The Governments of Canada and Italy shall make such administrative arrangements as may be required for the application of this Agreement, which arrangements may be amended or otherwise altered from time to time and which shall provide, inter alia, for the prevention of duplication by the Parties of periods credited to a person under this Agreement in calculating eligibility.
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Any claim, notice or appeal which should, for the purposes of the legislation of one Party, have been presented within a prescribed period to a competent authority of that Party or an institution (of that Party) responsible for the application of this Agreement, but which is in fact presented within the same period to the corresponding authority or institution of the other Party, shall be treated as if it had been presented to the authority or institution of the former Party. In such cases, the authority or institution of the latter Party shall, as soon as possible, arrange for the claim, notice or appeal to be sent to the authority or institution of the former Party.
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(1) Unless otherwise provided in this Agreement any appropriate agency of a province of Canada and any appropriate competent authority of Italy may enter into arrangements or understandings of an administrative nature with a view to establishing measures of reciprocity relative to the implementation of this Agreement insofar as it affects the legislation defined in this Agreement or social security legislation within the jurisdiction of the province, including workmen’s compensation legislation. Each arrangement or understanding shall:
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(2) An arrangement or understanding made pursuant to this Article shall not in any way alter, or be construed as altering any provision of the Agreement.
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