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  1. Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 - SI/91-115
    Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990

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    • 1 The following are designated as liaison agencies, pursuant to Article XVIII of the Agreement:

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      • (a) as regards old age, widow’s and orphan’s insurance: Sociale Verzekeringsbank (Social Insurance Bank), Amsterdam;

      • (b) as regards invalidity insurance: Gemeenschappelijk Administratiekantoor (Joint Administration Office), Amsterdam.

    • 2 The duties of the liaison agencies are stated in this Arrangement. For the application of the Agreement, the liaison agencies may communicate directly with each other as well as with the persons concerned or their representatives. The liaison agencies of the Parties will assist each other in the application of the Agreement.

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    • 1 For the purposes of this Article, “institution” means, as regards Canada, the Source Deductions Division, Department of National Revenue, Taxation and, as regards the Netherlands, the Sociale Verzekeringsraad (Social Insurance Council).

    • 2

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      • (c) Until revoked, a certificate issued under subparagraph (a) or under paragraph 3 of this Article will be accepted as evidence that the employed person is not subject to the legislation of the other Party in respect of the work or employment for which the certificate was issued.

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    • 5 The institution of the Party that has issued a certificate under paragraph 2(a) or 3 of this Article will send copies of it to the employed person as well as to that person’s employer and the institution of the other Party.

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    • 1 The competent institution of one Party will, to the extent permitted by the legislation which it administers, provide, upon request, to the competent institution or liaison agency of the other Party such medical information and documentation as are available concerning the disability of a claimant or beneficiary.

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    • 3 The amounts due as a result of applying the provisions of paragraph 2 will be reimbursed without delay on receipt of a detailed statement of the costs incurred.

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    • 2 However, the certificates referred to in Article 4 of the Arrangement will be issued on forms agreed on, as regards Canada by the Source Deductions Division, Department of National Revenue, Taxation and, as regards the Netherlands, by its liaison agencies.

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    Having considered the Agreement on Social Security between Canada and the Kingdom of the Netherlands, signed February 26, 1987, (hereinafter referred to as “the Agreement”), and

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    Have agreed as follows:

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    Subparagraph 3(a) of Article X of the Agreement shall be deleted and replaced by the following new subparagraph:

    “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 to a person unless he or she has resided in Canada within the meaning of the Old Age Security Act for a period of at least one year after December 31, 1956 and unless the creditable periods, 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.”

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    • 1 Paragraph 2 of Article XIV of the Agreement shall be deleted and replaced by the following new paragraph:

      “2. Subject to paragraph 3, periods before January 1, 1957 during which a national of one Party or a person described in paragraph 2(b) or (c) of Article IV resided in the territory of the Netherlands after reaching the age of fifteen or during which, while residing in another country, the person was gainfully employed in the Netherlands shall also be considered as creditable periods if the person does not satisfy the conditions of the Netherlands legislation permitting such periods to be treated for that person as creditable periods.”

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  2. Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 - SI/91-115
    Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990

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    Have agreed as follows:

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    • 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) “national” means, as regards Canada, a Canadian citizen; and, as regards the Netherlands, a person of Netherlands nationality;

      • (c) “territory” means, as regards Canada, the territory of Canada; and, as regards the Netherlands, the territory of the Kingdom in Europe;

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      • (f) “competent institution” means, as regards Canada, the competent authority; and as regards the Netherlands, the institution charged with the implementation of the legislation specified in Article II, which is competent under the applicable legislation;

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      • (i) “employed person” means a person who is employed by an employer as well as any person who is deemed equivalent to an employed person by the applicable legislation;

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    • 2 Except as otherwise provided in paragraph 3, this Agreement shall apply also to any legislation which amends, supplements, consolidates or supersedes the legislation specified in paragraph 1

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    • 4 This Agreement shall not apply to social and medical assistance schemes, to special schemes for civil servants or persons treated as such, or to benefit schemes for victims of war or its consequences.

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    • 1 As regards the legislation of Canada, all persons described in Article III shall be subject to the obligations of that legislation and shall be eligible for its benefits without regard to nationality.

    • 2 As regards the legislation of the Netherlands, unless otherwise provided in this Agreement,

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    shall be subject to the obligations of that legislation and shall be eligible for its benefits under the same conditions as nationals of the Netherlands.

    • 3 Paragraph 2 shall not apply to the Netherlands’ old age and survivors voluntary insurance insofar as the payment of contributions at reduced rates is concerned.

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    • 2 Unless otherwise provided in this Agreement, benefits payable under this Agreement by one Party in the territory of the other Party shall also be payable in the territory of a third State, under the same conditions and to the same extent as to nationals of the first Party residing in that third State.

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    • 1 Subject to the provisions of the following paragraphs of this Article,

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      • (b) a self-employed person who ordinarily resides in the territory of one Party and who works as such in the territory of the other Party or in the territories of both Parties shall, in respect of that work, be subject only to the legislation of the former Party.

    • 2 An employed person who is covered under the legislation of one Party and who performs work in the territory of the other Party for his or her employer shall, in respect of that work, be subject only to the legislation of the former Party as though that work was performed in its territory and provided that such assignment does not exceed twenty-four months and the person concerned is not also employed in the territory, of the other Party by a different employer located in that territory.

    • 3
      • (a) Paragraph 2 shall apply to a person who is sent to work on an installation situated in the continental shelf area of a Party in connection with the exploration of the seabed and sub-soil of that area or the exploitation of its mineral resources, as though that installation were situated in the territory of that Party.

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    • 4 A person who is employed as a member of the crew of a ship or aircraft shall, in respect of that employment, be subject only to the legislation of the Party in the territory of which the employer’s principal place of business is located.

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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 the Netherlands, 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 the Netherlands by reason of employment;

    • (b) if a person is obligatorily subject to the legislation of the Netherlands 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.

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    • 1 For the purposes of the legislation of the Netherlands, a person who is subject to the Netherlands legislation in accordance with the provisions of this Part shall be considered as residing in the Netherlands.

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    • 2 If a person is not entitled to a benefit under the legislation of Canada 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.

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    • 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 the Act, a partial pension shall be paid to that person outside the territory of Canada if the creditable periods, 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.

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    • 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 creditable periods, 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.

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    • 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 creditable periods, 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.

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    • 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.

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    • 3 The following creditable periods completed under the Netherlands legislation shall be taken into consideration:

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      • (c) periods of employment, and periods treated as such, completed in the Netherlands before July 1, 1967.

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    • 2 Subject to paragraph 3, periods before January 1, 1957 during which a national of one Party or a person described in paragraph 2(b) or (c) of Article IV resided in the territory of the Netherlands after reaching the age of fifteen or during which, while residing in another country, the person was gainfully employed in the Netherlands shall be considered as creditable periods if the person does not satisfy the conditions of the Netherlands legislation permitting such periods to be treated for that person as creditable periods.

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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 of 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 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 one Party which should, for the purposes of that legislation, have been presented within a prescribed period to a competent authority, institution or tribunal of that Party, but which is presented within the same period to a competent authority, institution or tribunal of the other Party, shall be treated as if it had been presented to the authority, institution or tribunal of the first Party. The date on which such a claim, notice or appeal was submitted to the authority, institution or tribunal of the first Party shall be considered as the date of its submission to the authority, institution or tribunal of the other Party.

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    The relevant authority of the Netherlands 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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