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Have agreed as follows:

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  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 the Republic of the Philippines, the Administrator of the Social Security System;

  competent institution

  competent institution means, as regards Canada, the competent authority; and, as regards the Republic of the Philippines, the Social Security System;

  creditable period

  creditable period means, as regards a Party, a period of contributions 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 Employment and Immigration;

  legislation

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

  national

  national means, as regards Canada, a Canadian citizen; and, as regards the Republic of the Philippines, a Filipino citizen;

  territory

  territory means, as regards Canada, the territory of Canada; and, as regards the Republic of the Philippines, the territory of the Republic of the Philippines.

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  • (b) 

    with respect to the Republic of the Philippines: the Social Security Lawas it relates to retirement, disability and death benefits.

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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 nationals 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 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 the Republic of the Philippines in any other case.

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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 the Republic of the Philippines, 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 Republic of the Philippines by reason of employment; and
• (b) 

  if a person is subject to the legislation of the Republic of the Philippines 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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• 2. (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 the Republic of the Philippines 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 3 months of contributions under the legislation of the Republic of the Philippines shall be considered as a year for which contributions have been made under the Canada Pension Plan.

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  • (a) 

    a calendar year which is a creditable period under the Canada Pension Plan shall be considered as 12 months of contributions under the legislation of the Republic of the Philippines; and
  • (b) 

    a month 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 month of contributions under the legislation of the Republic of the Philippines.
• 4 

  For the purposes of determining entitlement to the payment of a disability or death benefit under the legislation of the Republic of the Philippines, a calendar year which is a creditable period under the Canada Pension Plan shall be considered as 12 months of contributions under the legislation of the Republic of the Philippines.

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If a person is not entitled to the payment of 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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  • (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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  • (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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• 4 

  Unless the Parties mutually determine otherwise, the arbitral tribunal shall consist of three arbitrators, of whom each Party shall appoint one and the two arbitrators so appointed shall appoint a third who shall act as president; provided that if the two arbitrators fail to agree, the President of the International Court of Justice shall be requested to appoint the president.

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• The relevant authority of the Republic of the Philippines 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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