Advanced Search

[...]

Have agreed as follows:

[...]

• 1 For the purposes of this Agreement:

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

  competent authority means, as regards Canada, the Minister or Ministers responsible for the application of the legislation of Canada; and, as regards Mexico, the Instituto Mexicano del Seguro Social (Mexican Social Security Institute);

  competent institution means, as regards a Party, the competent authority of that Party;

  creditable period means, as regards Canada, a period of contributions or residence used to acquire the right to a benefit under the legislation of that Party, and includes a period during which a disability pension is payable under the Canada Pension Plan; and, as regards Mexico, a period of contributions used to acquire the right to a benefit under the legislation of that Party;

  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 Human Resources Development;

  legislation means, as regards a Party, the laws and regulations specified in Article 2;

  [...]

  national means, as regards Canada, a Canadian citizen; and, as  regards  Mexico,  a  person  born  or  naturalized  as  a Mexican;

  person in government employment means, as regards Canada, a person employed by the Government of Canada, or by a province or municipality of Canada; and, as regards Mexico, a person working for the federal government, or a state or municipal government;

  territory means, as regards Canada, the territory of Canada; and, as regards Mexico, the national territory as defined in Article 42 of the Political Constitution of the United Mexican States.

[...]

• 1 This Agreement shall apply to the following legislation:

  [...]

  • (b) with respect to Mexico:

    the mandatory and voluntary schemes for which provision is made in the Ley del Seguro Social (Social Security Act) and the regulations made thereunder, as they relate to benefits derived from insurance against invalidity, old age, mandatory retirement and death.

[...]

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 eligible for the benefits, and subject to the obligations, of the legislation of the other Party under the same conditions as nationals of the latter Party.

[...]

• [...]

• 2 If a person described in Article 3 resides in a third State, benefits payable under the legislation of a Party, including benefits acquired by virtue of this Agreement, shall be paid to that person under the same conditions, and to the same extent, as to nationals of that Party who reside in that third State.

[...]

• [...]

• 3 Nothing in this Agreement shall be interpreted as modifying the provisions of the Vienna Convention on Diplomatic Relations of 18 April 1961 or of the Vienna Convention on Consular Relations of 24 April 1963.

[...]

For the purpose of calculating the amount of benefits under the Old Age Security Act, the following rules shall apply:

• (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 Mexico, 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 Mexico by reason of employment.

• (b) If a person is subject to the legislation of Mexico 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.

[...]

• [...]

• 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 Mexico 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 thirteen weeks which are creditable periods under the legislation of Mexico shall be considered as a year which is creditable under the Canada Pension Plan.

• 3 For purposes of determining entitlement to the payment of a benefit for old age or mandatory retirement under the legislation of Mexico:

  • (a) a calendar year which is a creditable period under the Canada Pension Plan shall be considered as fifty-two weeks which are creditable under the legislation of Mexico; and

  • (b) a week 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 which is creditable under the legislation of Mexico.

• 4 For purposes of determining entitlement to the payment of a benefit for invalidity or death under the legislation of Mexico, a calendar year which is a creditable period under the Canada Pension Plan shall be considered as fifty-two weeks which are creditable under the legislation of Mexico.

[...]

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 12, 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 agreements which provide for totalizing periods.

[...]

• [...]

• 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

[...]

• [...]

• 2 If the worker does not meet the requirements of the legislation of Mexico for entitlement to a benefit, the competent institution of Mexico shall totalize creditable periods under that legislation and creditable periods as provided in Chapter 1. When totalization results in entitlement to a benefit, the amount payable shall be calculated as follows:

  • [...]

  • (b) The amount of the benefit that Mexico shall be required to pay shall be determined by applying, to the theoretical benefit calculated according to its legislation, the same proportion as that between the creditable periods completed under the legislation of Mexico and the total creditable periods as provided in Chapter 1 (pro-rated benefit).

[...]

• 1 When the acquisition of the right to a benefit under the legislation of Mexico is conditional on being subject to that legislation at the time of the occurrence of the event giving rise to the benefit, that condition shall be deemed to be met if, at that time, the person concerned is subject to the legislation of Canada or, if this is not the case, is receiving a benefit under the legislation of Canada of the same type or of a different type but based on creditable periods completed by that person. The same principle shall apply to the granting of death and survivors benefits for which, if necessary, account is taken of the status of the deceased person as being insured or the recipient of a benefit at the time of death.

[...]

• 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 any matter related to the application of this Agreement, or the legislation to which it 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 in so far 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 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 a competent authority or institution of the other Party, shall be treated as if it had been presented within the prescribed time to the competent authority or institution of the first Party.

[...]

• [...]

• 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.

[...]

The authorities of Mexico and of 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 Agreement.

[...]