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Have agreed as follows:

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• 1 For the purposes of this Agreement:

  benefit

  benefit means, as regards a Party, any cash benefit, pension or allowance for which provision is made in the legislation of that Party and includes any supplements or increases applicable to such a cash benefit, pension or allowance;

  competent authority

  competent authority means, as regards Canada, the Minister or Ministers responsible for the application of the legislation of Canada; and, as regards St. Kitts and Nevis, the Minister responsible for Social Security;

  competent institution

  competent institution means, as regards Canada, the competent authority; and, as regards St. Kitts and Nevis, the Social Security Board;

  creditable period

  creditable period means, as regards a Party, 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 that Party; as regards Canada, it also means a period during which a disability pension is payable under the Canada Pension Plan;

  Government of Canada

  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;

  Government of the Federation of St. Kitts and Nevis

  Government of the Federation of St. Kitts and Nevis means the Government of the Federation of St. Kitts and Nevis as represented by the Minister responsible for Social Security;

  legislation

  legislation means, as regards a Party, the laws and regulations specified in Article II, paragraph 1. with respect to that Party.

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• 1 This Agreement shall apply to the following legislation:

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  • (b) with respect to St. Kitts and Nevis:

    the Social Security Act #13 of 1977, and the subsidiary legislation made thereunder, as they relate to:

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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.

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• 2 An employed person who is subject to the legislation of a 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 first 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 60 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, vessel or aircraft shall, in respect of that employment, be subject only to the legislation of Canada if he or she ordinarily resides in the territory of Canada and only to the legislation of St. Kitts and Nevis in any other case.

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• 1 For the purpose of calculating the amount of 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 St. Kitts and Nevis, 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 St. Kitts and Nevis by reason of employment;

  • (b) if a person is subject to the legislation of St. Kitts and Nevis 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 St. Kitts and Nevis 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 only for purposes of this Agreement.

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  • (a) For purposes of determining entitlement to the payment of a benefit under the Old Age Security Act of Canada, a creditable period under the legislation of St. Kitts and Nevis, or a period of residence in the territory of St. Kitts and Nevis after the age at which periods of residence in Canada are creditable for purposes of that Act and after February 1, 1978, shall be considered as a period of residence in the territory of Canada.

  • (b) For purposes of determining entitlement to the payment of a benefit under the Canada Pension Plan, a calendar year including at least 13 weeks (3 months) of contributions under the legislation of St. Kitts and Nevis shall be considered as a year for which contributions have been made under the Canada Pension Plan.

• 3 For purposes of determining entitlement to the payment of a benefit under the legislation of St. Kitts and Nevis:

  • (a) when the calendar year 1978 is a creditable period under the Canada Pension Plan, it shall be considered as 47 weeks for which contributions have been paid under the legislation of St. Kitts and Nevis;

  • (b) a calendar year commencing after February 1, 1978 which is a creditable period under the Canada Pension Plan shall be considered as 52 contribution weeks under the legislation of St. Kitts and Nevis;

  • (c) a week commencing on or after February 1, 1978 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 contribution week under the legislation of St. Kitts and Nevis.

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If a person is not entitled to a benefit on the basis of the creditable periods under the legislation of the Parties, totalized as provided in Article VIII, the entitlement of that person to the payment of that benefit shall be determined by totalizing these periods and creditable periods under the legislation of a third State with which both Parties are bound by social security instruments which provide for totalizing periods.

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• 3 Notwithstanding any other provision of this Agreement:

  • (a) an Old Age Security pension shall be paid to a person who is outside Canada only if that person’s periods of residence, when totalized as provided in Chapter 1, 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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• 1 If a person is not entitled to an invalidity pension or age contributory pension solely on the basis of periods creditable under the legislation of St. Kitts and Nevis, but would satisfy the minimum contribution conditions for a pension through the application of the totalizing of creditable periods as provided in Chapter 1, the competent institution of St. Kitts and Nevis shall count periods creditable under the legislation of Canada only to the extent necessary to establish entitlement to the pension.

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• 3 The amount of pension payable in the event of totalizing of creditable periods as provided in Chapter 1 shall be determined by reference to the ratio that the number of contributions under the legislation of St. Kitts and Nevis bears to the minimum number of contributions required under that legislation for entitlement to the relevant pension.

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

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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 insofar as these changes affect the application of this Agreement.

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• 1 Any claim, 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 St. Kitts and Nevis 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.

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