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• 1 For the purposes of applying this Convention:

  • 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 Employment and Immigration;

  • b) “national”

    means, as regards Switzerland, a person of Swiss nationality, and as regards Canada, a Canadian citizen;

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  • d) “competent authority”

    means, as regards Switzerland, the Federal Social Insurance Office, and, as regards Canada, the Minister or Ministers responsible for the application of the legislation of Canada;

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  • f) “reside”

    means, as regards Switzerland, to usually sojourn;

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  • h) “period of insurance”

    means, as regards Switzerland, a period during which contributions were made to the Swiss Old Age, Survivors and Disability Insurance or a period which is equivalent to a similar period in the same insurance.

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Unless otherwise provided, this Convention shall apply to:

• a) nationals of either State, as well as to their family members and survivors to the extent that their rights are derived from these nationals;

• b) refugees, within the meaning of the Convention on the Status of Refugees of July 28, 1951 and of the Protocol on the Status of Refugees of January 31, 1967, as well as to their family members and survivors to the extent that their rights are derived from these refugees, provided that, as regards the application of Swiss legislation, these persons reside in the territory of one of the States;

• c) with respect to Switzerland, stateless persons, within the meaning of the Convention on Status of Stateless Persons of September 28, 1954, as well as to their family members and survivors to the extent that their rights are derived from these stateless persons, provided that these persons reside in the territory of one of the States;

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• 1 Unless otherwise provided in this Convention, Canadian nationals, their family members and survivors to the extent that their rights are derived from those nationals as well as persons described in Article 3, subparagraphs b) and c), shall be subject to the obligations and shall be eligible for the benefits of the legislation of Switzerland under the same conditions as Swiss nationals.

• 2 Unless otherwise provided in this Convention, Swiss nationals as well as persons described in Article 3, subparagraphs b) and d), shall be subject to the obligations and shall be eligible for the benefits under the legislation of Canada under the same conditions as Canadian nationals.

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• 1 A person who is employed by an employer having a place of business in the territory of a State and who is detached by that employer to work in the territory of the other State for a period not expected to exceed 60 months shall be subject to the legislation on compulsory coverage of the first State as though those services were performed in its territory.

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For the purpose of determining eligibility for benefits and of calculating benefits under the Old Age Security Act of Canada,

• a) if a person is subject to theCanada Pension Plan or to the comprehensive pension plan of a province of Canada during any period of residence in the territory of Switzerland, that period of residence 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 Switzerland;

• b) if a person is subject to the legislation of Switzerland by reason of employment during any period of residence in the territory of Canada, that period of residence 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.

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• 2

  • a) For purposes of determining eligibility for a benefit under the Old Age Security Act, a period of insurance under the legislation of Switzerland or a period of residence in the territory of Switzerland, after the age at which periods of residence in Canada are creditable for purposes of that Act, 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 three months of insurance under the legislation of Switzerland shall be considered as a year for which contributions have been made under the Canada Pension Plan.

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• 3 Notwithstanding any other provision of this Convention,

  • 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 Article 11, 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 Canadian nationals may claim rehabilitation measures of the Swiss Disability Insurance as long as they maintain their residence in Switzerland and provided that, immediately prior to disablement, they have paid contributions to Swiss Old Age, Survivors and Disability Insurance.

• 2 Canadian nationals who are not pursuing gainful employment may claim rehabilitation measures as long as they maintain their domicile in Switzerland and provided that, immediately prior to disablement, they have resided in Switzerland without interruption for at least one year. Minor children domiciled in Switzerland may, moreover, claim such measures if they have been born disabled in Switzerland or have resided in Switzerland without interruption since birth. A sojourn of a maximum of three months by a child in Canada immediately after birth shall be considered equivalent to a period of residence in Switzerland.

• 3 A child domiciled in Switzerland and born disabled in Canada, whose mother has not sojourned in Canada in excess of two months in total prior to the birth of that child, shall be considered as if he or she was a child born disabled in Switzerland. The Disability Insurance shall assume responsibility for the payment of benefits for a child with congenital defects for a period of three months following the birth of that child to the extent that such benefits would have been payable in Switzerland.

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Canadian nationals shall be entitled to extraordinary pensions under the legislation of Switzerland

• 1) only for as long as they maintain their domicile in Switzerland, and

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Ordinary pensions for insured persons with a disability inferior to 50 percent, extraordinary pensions, helplessness allowances and auxiliary measures under the legislation of Switzerland shall be granted only as long as the beneficiary maintains his or her domicile in Switzerland.

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The competent authorities or, with their consent if required, the institution of the two States shall:

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• b) define the procedures for reciprocal administrative assistance, such as the allocation of expenses associated with obtaining medical, administrative and other evidence required for the application of this Convention;

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• d) communicate to each other, as soon as possible, all changes in their respective laws.

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Any claim, notice or appeal which under the legislation of a State should have been presented within a prescribed period to an authority, tribunal or institution of that State, but which is presented within the same period to an authority, tribunal or institution of the other State, shall be treated as if it had been presented to the authority, tribunal or institution of the first State.

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The Swiss Federal Council 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 Convention.

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At the time of signing the Convention on Social Security between Canada and the Swiss Confederation, the undersigned plenipotentiaries stated that they are in agreement on the following points:

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• 4 The spouse and children accompanying a detached person in Switzerland within the meaning of Article 7 shall be exempted from coverage under the legislation of Switzerland in so far as they are not pursuing gainful employment in Switzerland.

• 5 The spouse and children accompanying a detached person in Canada within the meaning of Article 7 shall remain insured under the legislation of Switzerland in so far as they are not pursuing gainful employment in Canada.

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• 7 Canadian nationals not domiciled in Switzerland who have had to forsake gainful employment in that country because of an accident or illness and who benefit from Swiss Disability Insurance rehabilitation measures or who have lived in Switzerland until the occurrence of the insured contingency shall be considered insured under the legislation of Switzerland for entitlement to benefits under Disability Insurance. Such persons shall be required to pay contributions to Old Age, Survivors and Disability Insurance as if they were domiciled in Switzerland.

• 8 With respect to Article 16, the duration of residence in Switzerland of a Canadian national shall be considered as uninterrupted by a sojourn outside the territory of Switzerland for a period not exceeding three months within a calendar year. However, a period of residence in Switzerland during which a Canadian national has been exempt from coverage to Swiss Old Age, Survivors and Disability Insurance shall not be considered a period of residence for purposes of Article 16.

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