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;

  • (b)  territory means, as regards Canada, the territory of Canada; and, as regards Dominica, the territory of Dominica;

  • [...]

  • (d)  competent authority means, as regards Canada, the Minister or Ministers responsible for the administration of the legislation of Canada; and, as regards Dominica, the Minister responsible for the subject of Social Security;

  • (e)  competent institution means, as regards Canada, the competent authority; and, as regards Dominica, the Social Security Board;

  • (f)  creditable period means a period of contributions, whether paid or credited, or a period of 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;

[...]

• 1 This Agreement shall apply to the following legislation:

  • [...]

  • (b) with respect to Dominica:

    the Social Security Act, 1975, and the regulations made thereunder, as they relate to:

    [...]

[...]

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. The preceding shall also apply to a citizen of the first Party who has never been subject to the legislation of that Party, and to the dependants and survivors of such a citizen.

[...]

• [...]

• 2 An employed person who is covered under the legislation of one Party 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 Agreement, 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 or she ordinarily resides in Canada and only to the legislation of Dominica in any other case.

[...]

• 1 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 Dominica, 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 Dominica by reason of employment;

  • (b) if a person is subject to the legislation of Dominica 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;

  • (c) if a person who is ordinarily resident in the territory of Dominica is present and employed in the territory of Canada and, in respect of that employment, is subject to the Canada Pension Plan or to the comprehensive pension plan of a province of Canada, the period of presence and employment in Canada shall be considered as a period of residence in Canada.

[...]

• [...]

• 2

  • (a) For purposes of determining eligibility for a benefit under the Old Age Security Act of Canada, a period of residence in the territory of Dominica, after the age at which periods of residence in Canada are creditable for purposes of that Act and after January 1, 1971, or a creditable period under the legislation of Dominica shall be considered as a period of residence in the territory of Canada;

  • (b) for purposes of determining eligibility for a benefit under the Canada Pension Plan, a calendar year including at least 13 weeks which are creditable under the legislation of Dominica shall be considered as a year for which contributions have been made under the Canada Pension Plan.

• 3 For purposes of determining eligibility for a benefit under the legislation of Dominica,

  • (a) a year commencing on or after January 1, 1971 which is a creditable period under the Canada Pension Plan shall be considered as 52 weeks for which contributions have been paid under the legislation of Dominica;

  • (b) a week commencing on or after January 1, 1971 which is a creditable period under the Old Age Security Act of Canada and which is not part of a creditable period under the Canada Pension Plan shall be considered as a week for which contributions have been paid under the legislation of Dominica.

[...]

If a person is not entitled to a benefit on the basis of the periods creditable under the legislation of the Parties, totalized as provided in this Agreement, eligibility for that benefit shall be determined by totalizing these periods and periods creditable under the laws of a third State with which both Parties are bound by an international social security instrument which provides for totalizing of periods.

[...]

• 1

  • (a) If a person is entitled to payment of a pension in Canada under the Old Age Security Act without recourse to the provisions of this Agreement, but has not accumulated sufficient periods of residence in Canada to qualify for payment of the pension abroad under that Act, a partial pension shall be paid to that person outside the territory of Canada if the periods of residence, when totalized as provided in this Agreement, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for payment of a pension abroad;

• 2

  • (a) If a person is not entitled to an Old Age Security pension or a spouse’s allowance solely on the basis of periods of residence in Canada, a partial pension or a spouse’s allowance shall be paid to that person if the periods of residence, when totalized as provided in this Agreement, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for payment of a pension or a spouse’s allowance;

• 3

  • (a) Notwithstanding any other provision of this Agreement, the competent institution of Canada shall not be liable to pay an Old Age Security pension outside the territory of Canada unless the periods of residence, when totalized as provided in this Agreement, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for payment of a pension abroad;

[...]

• 1 If a person is not entitled to a disability pension, disabled contributor’s child’s benefit, survivor’s pension, orphan’s benefit or death benefit solely on the basis of the periods creditable under the Canada Pension Plan, but is entitled to that benefit through the totalizing of periods as provided in this Agreement, the competent institution of Canada shall calculate the amount of the earnings-related portion of such benefit in conformity with the provisions of the Canada Pension Plan, exclusively on the basis of the pensionable earnings under that Plan.

[...]

• 1 If a person is not entitled to an age pension, an invalidity pension or a survivors’ pension solely on the basis of the periods creditable under the legislation of Dominica, but is entitled to that benefit through the totalizing of periods as provided in this Agreement, the competent institution of Dominica shall calculate the amount of benefit payable in the following manner:

  [...]

[...]

• 1 The competent authorities and institutions 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;

  • (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 a competent authority or institution of that Party, but which is presented within the same period to a competent authority or institution of the other Party, shall be treated as if it had been presented to the authority or institution of the first Party.

[...]

The relevant authority of Dominica 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.

[...]