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  1. Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 - SI/97-48

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    hereinafter referred to as “the Parties”,

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    HAVE AGREED AS FOLLOWS:

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    • 1 For the purposes of this Agreement:

      “benefit” means, as regards a Party, a benefit for which provision is made in the legislation of that Party, and includes any additional amount, increase or supplement that is payable, in addition to that benefit, to or in respect of a person who qualifies for that additional amount, increase or supplement under the legislation of that Party;

      “Canadian creditable period” means, as regards a person, a period of residence or contributions which can be used to acquire the right to a benefit under the legislation of Canada, and includes a period during which a disability pension is payable under the Canada Pension Plan;

      “competent authority” means, as regards Canada, the Minister of Human Resources Development; and, as regards New Zealand, the Director-General of Social Welfare or an authorised representative of the Director-General;

      “Government of Canada” means the Government in its capacity as representative of Her Majesty the Queen in right of Canada;

      “institution” means, as regards Canada, the competent authority; and, as regards New Zealand, an institution which is responsible for the application of this Agreement;

      “legislation” means, as regards a Party, the laws and regulations specified in Article II(1) with respect to that Party;

      “month” means, as regards New Zealand, a calendar month except where days are aggregated in which case a month means 30 days;

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      “residence” means, as regards New Zealand, a period of ordinary residence as defined in the legislation of New Zealand.

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    the Social Security Act 1964 and the Social Welfare (Transitional Provisions) Act 1990 in so far as these Acts provide for or apply to:

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    All persons to whom this Agreement applies shall be treated equally by a Party in regard to rights and obligations which arise under the legislation of that Party or as a result of this Agreement.

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    • 1 If a person would be entitled to receive a benefit under the legislation of New Zealand (including a person who would be entitled as a result of Article VI) except that he or she is not ordinarily resident in New Zealand on the date of application for that benefit, that person shall be deemed, for the purposes of that application, to be ordinarily resident in New Zealand on that date, provided that he or she:

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    • 2 Subject to this Agreement, if a person is entitled to receive a benefit under the legislation of New Zealand (including a person who is entitled as a result of paragraph 1, or of Article VI, or of both) but payment of that benefit is conditional on presence in New Zealand, that person shall be deemed, for the purpose of the payment of that benefit, to be present in New Zealand, provided that he or she:

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    • (a) if a person who is ordinarily resident in Canada is temporarily absent from Canada for a period which does not exceed 26 weeks, the period of temporary absence from Canada shall not be considered as interrupting that person’s ordinary residence in Canada;

    • 4 If a person who is ordinarily resident in Canada reaches the age of entitlement to New Zealand superannuation or a veteran’s pension, that person shall not be entitled to receive, or shall no longer be entitled to receive, as the case may be, an invalids benefit, widows benefit or domestic purposes benefit paid to a widower.

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    • (a) if a period of residence in New Zealand and a Canadian creditable period coincide, the period of coincidence shall be taken into account only once as a period of residence in New Zealand;

    • 3 In determining whether a person who is ordinarily resident in New Zealand or Canada is entitled to receive a widows benefit or a domestic purposes benefit paid to a widower, a dependent child of that person born in Canada shall be treated as though that child was born in New Zealand provided that:

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    If a person who is ordinarily resident in Canada is entitled to receive New Zealand superannuation or a veteran’s pension as a result of Article V, the amount of that benefit shall be calculated in accordance with the following formula:

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    • (d) if a person who became or becomes ordinarily resident in Canada after 1 April 1990 was entitled to receive New Zealand superannuation or a veteran’s pension at the date of departure from New Zealand and is entitled to receive that benefit as a result of Article V, but not as a result of Article VI, the amount of that benefit shall not be less than the amount that would be paid in the absence of this Agreement;

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    If a person who is ordinarily resident in Canada is entitled to receive a widows benefit, a domestic purposes benefit paid to a widower or an invalids benefit as a result of Article V, the amount of that benefit shall be calculated in accordance with the following formula:

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    • 1 If a person who is ordinarily resident in New Zealand becomes entitled to receive a New Zealand benefit as a result of Article VI, the institution of New Zealand shall also pay to that person any supplementary benefit or allowance under the legislation of New Zealand for which that person is qualified.

    • 2 If a person who is ordinarily resident in Canada becomes entitled to receive a New Zealand benefit as a result of this Agreement, the amount of that benefit shall not include any supplementary benefit or allowance which would be payable under the legislation of New Zealand if that person were ordinarily resident in New Zealand.

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      • (a) For purposes of determining entitlement to the payment of a benefit under the Old Age Security Act, a period of residence in New Zealand after attaining the age of 20 years shall be considered as a period of residence in Canada.

      • (b) For purposes of determining entitlement to the payment of a benefit under the Canada Pension Plan, a calendar year which includes at least 6 months of residence in New Zealand after attaining the age of 18 years shall be considered as a year which is creditable under the Canada Pension Plan.

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    • (b) the Old Age Security pension shall be paid to a person who is outside Canada only if that person’s periods of residence in Canada and New Zealand, when totalised as provided in Article XI, 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

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    • (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 in so far as these changes affect the application of this Agreement.

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

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

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    • 1 This Agreement shall enter into force on the first day of the fourth month following the month in which the Parties exchange notes through the diplomatic channel notifying each other that the last of such things has been done as is necessary to give this Agreement the force of law in Canada and in New Zealand.

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    • 3 In the event that this Agreement is terminated in accordance with paragraph 2, the Agreement shall continue to have effect in relation to all persons who as a result of this Agreement:

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  2. Proclamation Declaring the Agreement on Social Security Between Canada and New Zealand in Force May 1, 1997 - SI/97-48

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    TO All To Whom these Presents shall come or whom the same may in any way concern,

    A Proclamation
    Whereas, by Order in Council P.C. 1996-1246 of August 7, 1996, the Governor in Council declared that, in accordance with Article XXIII of the Agreement on Social Security between Canada and New Zealand, signed at Ottawa on April 9, 1996, the Agreement shall enter into force on the first day of the fourth month following the month in which each Party shall have received written notification from the other Party that it has complied with all statutory requirements for the entry into force of the Agreement;
    Whereas the Order was laid before Parliament on September 30, 1996;
    Whereas, before the twentieth sitting day after the Order had been laid before Parliament, no motion for the consideration of either House to the effect that the Order be revoked was filed with the Speaker of the appropriate House;
    Whereas, pursuant to subsection 42(2) of the Old Age Security Act, the Order came into force on the thirtieth sitting day after it had been laid before Parliament, being November 26, 1996;
    Whereas instruments of ratification were exchanged on January 17, 1997;
    Whereas the Agreement shall enter into force on the first day of the fourth month following the month in which the instruments of ratification were exchanged, being May 1, 1997;
    And whereas, by Order in Council P.C. 1997-498 of April 8, 1997, the Governor in Council directed that a proclamation do issue giving notice that the Agreement on Social Security between Canada and New Zealand is in force as of May 1, 1997;
    Now Know You that We, by and with the advice of Our Privy Council for Canada, do by this Our Proclamation give notice that the Agreement on Social Security between Canada and New Zealand, signed at Ottawa on April 9, 1996, a copy of which is annexed hereto, is in force as of May 1, 1997.
    Of All Which Our Loving Subjects and all others whom these Presents may concern are hereby required to take notice and to govern themselves accordingly.
    In Testimony Whereof, We have caused these Our Letters to be made Patent and the Great Seal of Canada to be hereunto affixed. Witness: Our Right Trusty and Well-beloved Roméo A. LeBlanc, a Member of Our Privy Council for Canada, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Governor General and Commander-in-Chief of Canada.
    At Our Government House, in Our City of Ottawa, this twenty-third day of April in the year of Our Lord one thousand nine hundred and ninety-seven and in the forty-sixth year of Our Reign.


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