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Have designated, to that effect, as their plenipotentiaries:

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Have agreed as follows:

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• 1 For the purposes of this Convention,

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  • (b)  competent authority means, as regards Canada, the Minister or Ministers responsible for the administration of the legislation of Canada; and, as regards Luxembourg, the Minister or Ministers who have in their area of responsibility the legislation specified in Article II;

  • (c)  competent institution means, as regards Canada, the competent authority; and, as regards Luxembourg, the institution to which the person in question is affiliated at the time of applying for a benefit or from which the person in question is entitled to receive a benefit;

  • (d)  period of insurance means a period of contributions, professional activity or residence defined or considered as such by the legislation under which these periods have been completed for purposes of establishing entitlement to benefits;

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Unless otherwise provided in this Convention, it shall apply to persons who are or who have been subject to the legislation of one or both Parties as well as those who derive their rights from these persons.

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Persons described in Article III who reside in the territory of either Party shall be subject to the obligations of the legislation of a Party and shall be eligible for its benefits under the same conditions as citizens of that Party.

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• 2 Benefits under the legislation of a Party shall be payable to persons described in Article III who ordinarily reside outside the territories of both Parties on the same conditions as to the citizens of the first Party who ordinarily reside outside the territories of the Parties.

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• 2 A self-employed person who works as such in the territory of Luxembourg but who ordinarily resides in the territory of Canada shall, in respect of that work, be subject only to the legislation of Canada.

• 3 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 and provided that such assignment does not exceed 24 months.  If the assignment exceeds 24 months, the application of the legislation of the first Party may be continued for a further term as determined by common agreement between the competent authorities of the two Parties.

• 4 A person who, but for this Convention, would be subject to the legislation of both Parties in respect of employment as a member of the crew of a ship shall, in respect of that employment, be subject only to the legislation of Canada if he ordinarily resides in Canada and only to the legislation of Luxembourg in any other case.

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

• (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 Luxembourg, that period of residence 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 Luxembourg by reason of a professional activity during that period;

• (b) if a person is subject to the legislation of Luxembourg by reason of a professional activity during any period of residence in the territory of Canada, that period of residence 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 during that period.

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• 2

  • (a) For purposes of determining entitlement to a benefit under the Old Age Security Act of Canada, a period of insurance under the legislation of Luxembourg or a period of residence in Luxembourg, after the age at which periods of residence in Canada are creditable for purposes of that Act, shall be considered as a period of residence in Canada.

  • (b) For purposes of determining entitlement to a benefit under the Canada Pension Plan, a calendar year including at least 67.5 days or three months of insurance under the legislation of Luxembourg shall be considered as a year for which contributions have been made under the Canada Pension Plan.

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  • (a) For purposes of determining entitlement to an old age pension under the legislation of Luxembourg, periods  creditable  under  the  Old  Age  Security  Act  of Canada, expressed in months, which were completed before January 1, 1966 and periods creditable under the Canada Pension Plan, expressed in years, as well as periods creditable under the Old Age Security Act of Canada, expressed in months, which are not part of periods creditable under the Canada Pension Plan and which have been completed after December 31, 1965 shall be considered as periods validly covered by contributions under the legislation of Luxembourg.

  • (b) For purposes of determining entitlement to an anticipatory old age pension between the age of 57 and 60 years or a disability or survivor’s pension under the legislation of Luxembourg, creditable periods under the Old Age Security Act of Canada, expressed in months, which were completed before January 1, 1966, and creditable periods under the Canada Pension Plan, expressed in years and completed after December 31, 1965 shall be considered as periods validly covered by contributions under the legislation of Luxembourg.

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If, after totalizing insurance periods as provided in Article VIII of this Convention, a person is not entitled to a benefit because he or she has not accumulated sufficient periods of insurance under the legislation of both Parties, entitlement to that benefit shall be determined by totalizing these periods and the periods of insurance under the legislation of a third State with which both Parties are bound by an international social security instrument which provides for totalizing of periods of insurance.

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• 2 If a person is entitled to a pension under the legislation of Luxembourg, but solely through totalizing the periods as provided in Article VIII, the following rules shall apply:

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• 1 The competent authorities shall communicate to each other, as soon as possible, all information about the measures taken by them for the application of this Convention and about changes in their respective legislation insofar as these changes affect the application of this Convention.

• 2 The institutions responsible for the application of this Convention:

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

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

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• 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

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The Government of the Grand Duchy of Luxembourg 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 Convention.

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• 4 The periods of insurance completed under the legislation of Luxembourg before January 1, 1988 by persons who did not during  those same periods reside in Luxembourg, shall be considered as periods of residence for entitlement to transitional fixed increases.

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• 1 This Convention shall be ratified and the instruments of ratification shall be exchanged as soon as possible.  It shall enter into force on the first day of the third month following the month in which the instruments of ratification are exchanged.

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