Advanced Search

[...]

Have agreed as follows:

[...]

• 1 For the purposes of this Agreement,

  • (a)  Government of Canada means the Government in its capacity as representative of Her Majesty the Queen in right of Canada and represented by the Minister of National Health and Welfare;

  • [...]

  • (c)  competent authority means, as regards Canada, the Minister or Ministers responsible for the administration of the legislation of Canada; and, as regards Ireland, the Minister for Social Welfare;

  • (d)  reckonable period means a period of contributions or residence used to acquire the right to a benefit under the legislation of either Party; as regards Canada, it also means a period during which a disability pension is payable under the Canada Pension Plan; and, as regards Ireland, it also means a period in respect of which contributions have been treated as paid or credited or a period in respect of which contributions would have been paid but for the operation of the earnings ceiling;

  • (e)  benefit means, as regards Canada, any cash benefit, pension or allowance for which provision is made in the legislation of Canada; and, as regards Ireland, any benefit under the legislation of Ireland specified in subparagraph 1(b) of Article II; and, as regards either Party, unless otherwise provided in this Agreement, includes any increase or additional allowance applicable to a benefit;

  • (f)  employed person means, as regards Ireland, an employed contributor;

  • (g)  self-employed person means, as regards Ireland, a self-employed contributor.

[...]

• 1 Any person who is or who has been subject to the legislation of a Party, and the dependants and survivors of such a person, shall be subject to the obligations of the legislation of the other Party and shall be eligible for the benefits of that legislation under the same conditions as citizens of the latter Party.

[...]

• [...]

• 3

  • (a) Paragraph 2 shall apply to a person who is sent to work on an installation situated in the continental shelf area of a Party in connection with the exploration of the seabed and sub-soil of that area or the exploitation of its mineral resources, as though that installation were situated in the territory of that Party.

• 4 A person who, but for this Agreement, would be subject to the legislation of both Parties in respect of employment as a member of the crew of a seagoing ship shall, in respect of that employment, be subject only to the legislation of Ireland if the ship is flying the Irish flag and only to the legislation of Canada in any other case.

[...]

For the purpose of calculating benefits under the Old Age Security Act,

• (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 residence in the territory of Ireland, that period shall be considered as a period of residence in Canada for that person as well as for that person’s spouse and dependants who reside with him or her and who are not subject to the legislation of Ireland as an employed person or as a self-employed person; and

• (b) if a person is subject to the legislation of Ireland during any period of residence in the territory of Canada, that period shall not be considered as a period of residence in Canada for that person and for that person’s 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 or self-employment.

[...]

• [...]

• 2

  • (a) For the purposes of determining entitlement to the payment of a benefit under the Old Age Security Act of Canada, a reckonable period under the legislation of Ireland or a period of residence in Ireland, after the age at which periods of residence in Canada may be considered under that Act, shall be considered as a period of residence in Canada.

  • (b) For the purposes of determining entitlement to the payment of a benefit under the Canada Pension Plan, a calendar year in which at least 13 qualifying contributions have been recorded under the legislation of Ireland shall be considered as a year for which contributions have been made under the Canada Pension Plan.

• 3 For the purposes of determining the entitlement of a person for a benefit, other than a death grant, under the legislation of Ireland,

  • (a) a week ending on or before December 31, 1965 which is a reckonable period under the Old Age Security Act of Canada shall be considered as a contribution week in respect of which the person has a qualifying contribution under the legislation of Ireland;

  • (b) a year commencing on or after January 1, 1966 which is a reckonable period under the Canada Pension Plan shall be considered as a contribution year in respect of which the person has qualifying contributions in respect of 52 contribution weeks under the legislation of Ireland; and

  • (c) a week commencing on or after January 1, 1966 which is a reckonable period under the Old Age Security Act of Canada and which is not part of a reckonable period under the Canada Pension Plan shall be considered as a contribution week in respect of which the person has a qualifying contribution under the legislation of Ireland.

• 4 For the purpose of determining the entitlement of a person for a death grant under the legislation of Ireland,

  • (a) a year commencing on or after January 1, 1971 which is a reckonable period under Canada Pension Plan shall be considered as a contribution year in respect of which the person has qualifying contributions in respect of 52 contribution weeks under the legislation of Ireland;

  • (b) a week commencing on or after October 1, 1970 which is a reckonable period under the Old Age Security Act of Canada and which is not part of a reckonable period under the Canada Pension Plan shall be considered as a contribution week in respect of which the person has a qualifying contribution under the legislation of Ireland; and

  • (c) the period from October 1, 1970 to December 31, 1970 which is a part of a reckonable period under the Canada Pension Plan shall be considered as a period in respect of which the person has 13 qualifying contributions under the legislation of Ireland.

[...]

• [...]

• 3 Notwithstanding any other provision of this Agreement,

  • (a) the competent authority of Canada shall not be liable to pay an Old Age Security pension outside Canada unless the periods of residence in Canada and in Ireland, when totalized as provided in Chapter 1 of this Part, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for entitlement to the payment of a pension outside Canada; and

[...]

• 1 If a person is not entitled to an Irish benefit under the legislation of Ireland alone and the totalisation provisions of this Agreement are invoked, the person’s entitlement to benefit shall be determined by the competent authority of Ireland on the basis of the totalised periods in accordance with the relevant statutory contribution conditions provided for under the legislation of Ireland and the aforesaid competent authority shall calculate the amount of Irish benefit, other than death grant and orphan’s (contributory) allowance in accordance with the following formula:

  • [...]

  • (b) the proportion of such theoretical benefit which bears the same relation to the whole as the total of the reckonable periods completed under the legislation of Ireland bears to the total of reckonable periods completed under the legislation of both Parties.

  [...]

[...]

• 1 The competent authorities responsible for the application of this Agreement:

  • [...]

  • (b) shall lend their good offices and furnish assistance to one another with regard to the determination or payment of any benefit under this Agreement or the legislation to which this Agreement applies as if the matter involved the application of their own legislation; and

  • (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 this Agreement.

[...]

• 1 Any claim, notice or appeal concerning the determination or payment of a benefit under the legislation of one Party which should, for the purposes of that legislation, have been presented within a prescribed period to the competent authority of that Party, but which is presented within the same period to the authority of the other Party, shall be treated as if it had been presented to the competent authority of the first Party.

• 2 A claim for a benefit under the legislation of one Party shall be deemed to be a claim for the corresponding benefit under the legislation of the other Party, provided that the applicant:

  • (a) requests that it be considered as an application under the legislation of the other Party, or

  [...]

[...]

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

[...]