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Have agreed as follows:
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5 Provincial social security legislation, in particular legislation concerning health insurance, workmen’s compensation, family benefits and pensions, may be dealt with in arrangements as specified in Article XXXI.
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1 Subject to the specific limitations of this Agreement, nationals of one of the Contracting States are subject to the obligations of the legislation of the other State and shall benefit from that legislation under the same conditions as nationals of that State.
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3 This Agreement applies to persons who are or who have been subject to the legislation of one of the two Contracting States and who are nationals of one of those States as well as to persons who are considered to be the dependents of such persons within the meaning of that legislation and to their survivors.
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This Agreement does not apply to:
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Except as otherwise provided in this Agreement, pensions, benefits, annuities and death allowances acquired under the legislation of one Contracting State are not subject to any reduction, modification, suspension, cancellation or confiscation by reason only of the fact that the beneficiary resides in the territory of the Contracting State other than the one where the institution or authority making the payment is located.
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Notwithstanding the rules under the legislation of the two Contracting States which determine who is subject to the legislation:
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(a) Workers who are sent by their employers to the other State on a specific assignment are not subject to the social security legislation of the receiving State but remain subject to the social security legislation of the sending State provided the assignment does not exceed three years, including holidays.
The prior consent of the competent administrative authorities of both Contracting States or of the authorities which they have delegated for that purpose, is required for the extension, as appropriate, of the application of the legislation of the sending State when the assignment extends beyond three years.
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(b) Workers employed by a public or private enterprise of one of the Contracting States, engaged in international transport, other than maritime transport, and working as crew members in the other State shall be subject to the social security legislation of the State in which the enterprise has its place of business.
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1 Subject to paragraph 2, if, under the terms of this Part, a person other than a person referred to in the first subparagraph of Article VII(b) is subject to the legislation of Canada during any period of residence in the territory of France, that period shall be considered, in respect of that person, his spouse and any dependants who live with him during that period, as a period of residence in Canada for the purposes of the Old Age Security Act.
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2 However, no period during which the spouse or the dependant referred to in paragraph 1 are subject, by reason of their employment, to the legislation of France shall be treated as a period of residence in Canada for the purposes of the Old Age Security Act.
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3 Subject to paragraph 4, if, under the terms of this Part, a person other than a person referred to in the first subparagraph of Article VII(b), is subject to the legislation of France during any period of residence in the territory of Canada, that period shall not be considered, in respect of that person, his spouse and any dependants who live with him during that period, as a period of residence in Canada for the purposes of the Old Age Security Act.
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4 Any period of contribution to the Canada Pension Plan by the spouse or dependants referred to in paragraph 3 shall be considered as a period of residence in Canada for the purposes of the Old Age Security Act.
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5 When a province of Canada has instituted a comprehensive pension plan within the meaning of the Canada Pension Plan, paragraphs 1 and 4 shall be read as if the expression “legislation of Canada” in paragraph 1 included the legislation of that province and as if the words “and to the comprehensive pension plan of that province” were added to paragraph 4 after the words “Canada Pension Plan”.
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3 If the interruption of work and the disability which follows occur in France, the disability pension shall be determined and paid as applicable, with respect to the legislation of both Contracting States.
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A national of France or Canada who has been subject in succession or alternately to the old age insurance plans of each Contracting State shall receive benefits under the following conditions:
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II Where the requirements of duration of insurance for eligibility under neither State’s legislation are met by the interested person, the benefits which may be claimed from the institutions or authorities applying the legislation shall be determined and paid in accordance with the following rules:
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III When entitlement is acquired under the legislation of one of the two Contracting States taking into account only the periods completed under that legislation, the competent institution or authority of that State shall determine the amount of the benefit as set out in subparagraph I.
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1 When the interested person does not fulfill, at a given time, the requirements of the legislation of both Contracting States, but fulfills the requirements of only one of them, or fulfills the requirements of both States, but has taken the opportunity provided by the legislation of one of the States to defer the determination and payment of his benefit entitlements, the amount of the benefits payable under the legislation in respect of which entitlements are determined shall be calculated in accordance with the provisions of Article XII, subparagraph I or III as applicable.
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The following specific provisions apply with respect to the application of the Old Age Security Act of Canada:
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(d) If entitlement to a pension is acquired as specified in Article XII, subparagraph II A, the competent authority shall calculate the amount of the pension payable in accordance with the provisions of its legislation, directly and exclusively with reference to the periods completed under the terms of that legislation.
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The competent administrative authorities of the two Contracting States:
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1 For the application both of this Agreement and of the social security legislation of the other Contracting State, the competent social security authorities and institutions of both Contracting States shall make their facilities available in the same way as they would for the application of their own legislation.
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The competent authorities of France and the competent authorities of the provinces of Canada may conclude arrangements concerning any social security legislation within provincial jurisdiction insofar as those arrangements are not inconsistent with the provisions of this Agreement.
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Where an arrangement has been concluded between the competent authorities of France and a province providing a comprehensive pension plan, concerning that provincial comprehensive pension plan, Canada may, if it deems necessary, for the purposes of applying this Agreement, conclude an arrangement with that province in order to coordinate the Canada Pension Plan and that provincial plan and may, among other things, accept periods of contribution to the provincial plan as periods of contribution under the legislation of Canada.
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2 All insurance or assimilated periods, as well as all periods of residence, credited under the legislation of one of the Contracting States prior to the date on which this Agreement enters into force shall be taken into consideration in the determination of benefit rights established in accordance with the provisions of this Agreement.
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4 Rights of interested persons who, prior to the entry into force of this Agreement, obtained payment of a pension or annuity may be revised upon application by those persons or on the initiative of an institution. Such revision shall grant to beneficiaries, from the entry into force of this Agreement, the same rights as if the Agreement had been in force when the benefits were determined and paid. Any request for revision shall be made within two years from the entry into force of this Agreement.
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5 As regards the rights resulting from the application of paragraphs 3 and 4, provisions of the legislation of the two Contracting States concerning the forfeiture or prescription of rights shall not be applicable against interested persons if the request provided for in paragraph 3 or 4 is made within two years from the entry into force of this Agreement. If the request is made after the expiration of that time the right to benefits which is not subject to forfeiture or which is not prescribed shall be acquired from the date of the request, unless more favourable legislative provisions of either Contracting State are applicable.
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Considering that in Canada:
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nationals of France are entitled to benefits under the Old Age Security program on the same basis as other residents of Canada, and
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nationals of France, including students, have access to the network of Canadian provincial social assistance services without restriction as to nationality,
it has been agreed that the following provisions shall apply in France:
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2 Old Age Allowance for Self-Employed
Nationals of Canada who having pursued in France a self-employed activity covered by an old age allowance plan referred to in Part I of Volume VIII of the Social Security Code, had never contributed to that program, shall have access to the non-contributory old age allowance for the self-employed on the same basis as nationals of France subject to their establishing that they have resided in France for a total of at least 15 years after age 20 and have resided normally in France for at least five years without interruption at the time of application for benefits.
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3 Special Allowance
Nationals of Canada shall have access to the special allowance provided for in Part II of Volume VIII of the Social Security Code on the same basis as nationals of France subject to their establishing that they have resided in France for a total of at least 15 years after age 20 and have resided normally in France for five years without interruption at the time of application for benefits.
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4 National Solidarity Fund Supplementary Allowance
Nationals of Canada entitled to an old age or disability benefit from a French plan for employees, within the framework of the legislation referred to in Article V of the Agreement on Social Security of February 9, 1979, or of one of the benefits referred to in paragraphs 1, 2 and 3 of this Protocol, are entitled to the Supplementary Allowance under the same conditions as nationals of France.
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5 Social Security for Students
The French social security plan for students established by Volume VI in Part I of the Social Security Code is applicable, under the same conditions as for French students, to Canadian students who pursue their studies in France and who are neither covered by social insurance in that State nor dependants of a person so covered.
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6 General Provisions
For the application of resource-related provisions established by the legislation of one of the States the competent services and agencies of the other State will extend their cooperation with a view to:
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(a) determining the resources available to the applicants, such as lifetime benefits derived from the social security plan and, to this effect, to conduct an investigation or inquiry in accordance with the conditions set out in the social security legislation;
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