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The Government of Canada and the Government of Jamaica, resolved to co-operate in the field of social security, have decided to conclude an agreement for this purpose, and, have agreed as follows:

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• 1 The legislation to which this Agreement applies is:

  • (a) in relation to Jamaica, the National Insurance Act and regulations made thereunder, as they apply to:

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• 4 Provincial social security legislation may be dealt with in arrangements as specified in Article XX.

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• 1 This Agreement applies to persons who are, or 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.

• 2 Subject to this Agreement, persons described in the preceding paragraph, regardless of their nationality, are subject to the legislation of one Party and are eligible for benefits under the same conditions as the citizens of that Party.

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• 2 An employed person who is covered under the legislation of one of the Parties and who performs services in the territory of the other Party for the same employer shall, in respect of those services, be subject only to the legislation of the former Party as though those services were performed in its territory. In the case of an assignment, this coverage may not be maintained for more than 24 months without the prior consent of the competent authorities of both Parties.

• 3 A person who, but for this Article, would be subject to the Canada Pension Planas well as to the legislation of Jamaica in respect of employment as a member of the crew of a ship or aircraft shall, in respect of that employment, be subject only to the legislation of Jamaica if he is a resident of Jamaica and only to the Canada Pension Plan in any other 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 Article VI 3 and 5, is subject to the legislation of Canada or the comprehensive pension plan of a province, during any period of residence in the territory of Jamaica, that period of residence shall, in respect of that person, his spouse and dependants who reside with him and do not occupy employment during that period, be treated as a period of residence in Canada for the purposes of the Old Age Security Act.

• 2 Any period during which a spouse or a dependant referred to in paragraph 1 is subject, by reason of employment, to the legislation of Jamaica, shall not be treated as a period of residence in Canada for the purposes of the Old Age Security Act.

• 3 Subject to paragraphs 4 and 5, where, under the terms of this Part, a person other than a person referred to in Article VI 3 and 5, is subject to the legislation of Jamaica during any period of residence in Canada, that period of residence shall not be treated as residence in Canada for the purposes of the Old Age Security Act, in respect of that person, his spouse and dependants who reside with him and are not employed during that period.

• 4 Periods during which the spouse or dependant referred to in paragraph 3 is contributing to the Canada Pension Plan or to the comprehensive pension plan of a province of Canada as a result of employment shall be treated as periods of residence in Canada for the purposes of the Old Age Security Act.

• 5 If a person referred to in paragraph 3 also becomes subject to the Canada Pension Plan or the comprehensive pension plan of a province of Canada, by virtue of occupying simultaneously more than one employment, such period of employment shall not be treated as a period of residence for the purposes of the Old Age Security Act.

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  • (a) For purposes of establishing entitlement to an old age benefit payable by Canada under paragraph 5 of this Article, residence in the territory of both Canada and Jamaica, beginning on or after January 1, 1966 and after the age specified and determined in the administrative arrangement with respect to the legislation of Canada, shall be counted as residence in the territory of Canada.

  • (b) For purposes of establishing entitlement to an old age benefit payable by Jamaica under paragraph 6 of this Article,

    • (i) a contribution which has been made to the Canada Pension Plan for the year 1966 shall be accepted as 39 weeks of contributions under the legislation of Jamaica;

    • (ii) a year in which a contribution has been made to the Canada Pension Plan, or in which a disability pension is payable thereunder, commencing on or after January 1, 1967, shall be accepted as 52 weeks of contribution under the legislation of Jamaica, but where an event occurs during that year which gives rise to a claim under the legislation of either Party, only the number of weeks preceding that event shall be accepted as weeks of contributions under the legislation of Jamaica;

    • (iii) a week commencing on or after April 4, 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 Jamaica.

• 5 The competent institution of Canada shall calculate the amount of its old age benefit at the rate of 1/40th of the full pension for each year of residence in Canada which is recognized as such in subparagraph 4(a) of this Article or deemed as such under Article VII of this Agreement.

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• 4 The Spouse's Allowance payable by Jamaica is the increase to an old age pension or an invalidity pension for a dependant spouse, as defined under Article I 1.(i) of this Agreement.

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• 3 If a person is not entitled to a benefit solely on the basis of the periods credited under the legislation of one of the Parties, 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 puposes of survivor's benefits, children's benefits and death benefits 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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  • (a) For the purposes of establishing entitlement to a benefit payable by Canada under paragraph 6 of this Article, a year in respect of which contributions were made under the legislation of Jamaica for at least 13 weeks shall be accepted as a year for which contributions have been made under the Canada Pension Plan.

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  • (c) Where the yearly average of contributions, as determined under the provisions of paragraph 5(b)(i) of this Article, is less than the required minimum for payment of a flat-rate benefit, the amount of benefit payable will be determined:

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• 1 A general administrative arrangement, agreed to by the competent authorities of the two Parties, shall set out as required the conditions under which this Agreement shall be implemented.

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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 this Agreement.

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Any claim, notice or appeal which should, for the purposes of the legislation of one of the Parties, have been presented within a prescribed period to a competent authority or 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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The competent authority of Jamaica and the competent authorities of the provinces of Canada may conclude understandings concerning any social security legislation within provincial jurisdiction insofar as those understandings are not inconsistent with the provisions of this Agreement.

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