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  1. Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 - SI/82-105
    Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982

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    Have agreed as follows:

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    For the purpose of this Agreement:

    • (1)  Territory means, as regards the United States, the States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam and American Samoa, and as regards Canada, the territory of Canada; (Territoire)

    • (2)  National means, as regards the United States, a national of the United States as defined in Section 101, Immigration and Nationality Act of 1952, as amended, and as regards Canada, a citizen of Canada; (Ressortissant)

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    • (4)  Competent Authority means, as regards the United States, the Secretary of Health and Human Services, and as regards Canada, the Minister or Ministers of the Crown responsible for the administration of the laws specified in Article II(1)(b); (Autorité compétente)

    • (5)  Agency means, as regards the United States, the Social Security Administration, and as regards Canada, for all matters other than those related to contributions: the Department of National Health and Welfare; for matters related to contributions: the Department of National Revenue — Taxation; (Organisme)

    • (6)  Period of coverage means, a period of payment of contributions or a period of earnings from employment or self-employment, as defined or recognized as a period of coverage by the laws under which such period has been completed, or any similar period insofar as it is recognized by such laws as equivalent to a period of coverage; a period of residence shall not be recognized as a period of coverage; (Période de couverture)

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    • (8)  Stateless person means, a person defined as a stateless person in Article 1 of the Convention Relating to the Status of Stateless Persons dated September 28, 1954; (Apatride)

    • (9)  Refugee means, a person defined as a refugee in Article 1 of the Convention Relating to the Status of Refugees dated July 28, 1951, and the Protocol to that Convention dated January 31, 1967. (Réfugié)

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    • (1) For the purpose of this Agreement, the applicable laws are:

      • (a) As regards the United States, the laws governing the Federal Old-Age, Survivors and Disability Insurance Program:

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      • (b) As regards Canada:

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    • (4) Provincial social security legislation may be dealt with in understandings as specified in Article XX.

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    • (4) As regards the laws of Canada, paragraph (1) of this Article is extended to persons designated in Article III(e).

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    • (1) Except as otherwise provided in this Article, an employed person who works in the territory of one of the Contracting States shall, in respect of that work, be subject to the laws of only that Contracting State.

    • (2) (a) Where an employed person is covered under the laws of one of the Contracting States in respect of work performed for an employer having a place of business in the territory of that Contracting State and is then required by that employer to work in the territory of the other Contracting State, the person shall be subject to the laws of only the first Contracting State in respect of that work, as if it were performed in the territory of the first Contracting State. The preceding sentence shall apply provided that the period of work in the territory of the other Contracting State does not exceed 60 months.

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    • (4) (a) Except as provided in subparagraph (b), this Article shall not apply to a person employed in the Government service of one of the Contracting States.

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      • (c) For the purpose of this paragraph, Government service means,

        • (i) as regards the United States, service in the employ of the Government of the United States or any instrumentality thereof;

        • (ii) as regards Canada, service in the employ of the Government of Canada or a Province of Canada or a Canadian municipality.

    • (5) Where, but for this Article, a person would be covered under United States laws as well as under the Canada Pension Plan in respect of employment as an officer or member of the crew on a ship or aircraft, that person shall, in respect of that employment, be subject only to the Canada Pension Plan if that person is a resident of Canada, and only to United States laws in any other case.

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    • (9) The Agreement shall not result in coverage under United States laws if those laws do not provide for the collection of contributions with respect to such coverage. Article V(1) shall apply when Article V(2) is not applicable as a result of the preceding sentence.

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    • (12) The application of this Article shall be subject to such rules as the Competent Authorities of the two Contracting States may prescribe through arrangements made pursuant to Article XII(a) of this Agreement.

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    • (1) Except as otherwise provided in this Article, where a person referred to in Article V(2) is subject to the laws of Canada, or the comprehensive pension plan of a province, during any period of residence in the territory of the United States, that period of residence, in respect of that person, his spouse and dependants who reside with him and who are not employed or self-employed during that period, shall be treated as a period of residence in Canada for the purposes of the Old Age Security Act.

    • (2) Any calendar quarter during which a spouse or a dependant of a person referred to in Article V(2) is credited with a period of coverage under United States laws shall not be counted as residence in Canada for the purposes of the Old Age Security Act.

    • (3) Except as otherwise provided in this Article, where a person referred to in Article V(2) is subject to United States laws during any period of residence in the territory of Canada, that period, in respect of that person, his spouse and dependants who reside with him and who are not employed or self-employed during that period, shall not be treated as residence in Canada for the purposes of the Old Age Security Act.

    • (4) Except as otherwise provided in this Article, periods during which the spouse or dependant referred to in paragraph (3) of this Article is contributing to the Canada Pension Plan or the comprehensive pension plan of a province as a result of employment or self-employment shall be treated as periods of residence in Canada for the purposes of the Old Age Security Act.

    • (5) Except as otherwise provided in this Article, any person who resides in the United States, is employed in Canada and is subject to the Canada Pension Plan or the comprehensive pension plan of a province shall be credited with one year of residence under the Old Age Security Act for each year of contributions under the Canada Pension Plan or the comprehensive pension plan of a province.

    • (6) If a person referred to in paragraph (4) or (5) of this Article performs services which are covered as employment or self-employment under United States laws and simultaneously performs other services which are covered as employment or self-employment under the Canada Pension Plan or a comprehensive pension plan of a province, that period of employment or self-employment shall not be treated as a period of residence for the purposes of the Old Age Security Act.

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    • (1) Where a person has completed at least six quarters of coverage under United States laws but does not have sufficient quarters of coverage to satisfy the requirements for entitlement to benefits under United States laws, periods of coverage completed under the Canada Pension Plan shall be taken into account to the extent they do not coincide with calendar quarters already credited as quarters of coverage under United States laws.

    • (2) In determining eligibility for benefits under paragraph (1) of this Article, the agency of the United States shall credit four quarters of coverage for every year of contributions under the Canada Pension Plan certified as creditable by the agency of Canada; however, no quarter of coverage shall be credited for any calendar quarter already credited as a quarter of coverage under United States laws. The total number of quarters of coverage to be credited for a year shall not exceed four.

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    • (3) (a) If a person is not entitled to a pension under the Old Age Security Act because of insufficient periods of residence, entitlement to a pension may be determined by totalizing periods of residence in Canada on or after January 1, 1952 and after the attainment of age 18, and periods of coverage under United States laws as specified in subparagraph (3)(b) of this Article, but where the periods coincide, only one period shall be counted.

      • (b) For the purposes of establishing entitlement to a pension by means of totalization, a quarter of coverage under United States laws on or after January 1, 1952 and after the attainment of age 18 shall be counted as three months of residence in Canada.

      • (c) The agency of Canada shall calculate the amount of the pro-rated pension at the rate of 1/40th of the full pension for each year of residence in Canada which is recognized as such in subparagraph (3)(a) of this Article or deemed as such under Article VI of this Agreement.

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    The Competent Authorities of the two Contracting States shall:

    • (a) Conclude an Administrative Arrangement and make such other arrangements as may be necessary for the application of this Agreement;

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    • (c) Communicate to each other, as soon as possible, information concerning all changes in their respective laws which may affect the application of this Agreement.

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    • (2) Copies of documents which are certified as true and exact copies by the agency of one Contracting State shall be accepted as true and exact copies by the agency of the other Contracting State, without further certification. The agency of each Contracting State shall be the final judge of the probative value of the evidence submitted to it from whatever source.

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    The Competent Authority of the United States and the authorities of the provinces of Canada may conclude understandings concerning any social security legislation within the provincial jurisdiction insofar as those understandings are not inconsistent with the provisions of this Agreement.

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  2. Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982 - SI/82-105
    Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America in Force February 9, 1982

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    Whereas section 22.3 of the Old Age Security Act, being chapter O-6 of the Revised Statutes of Canada, 1970, provides as follows:

    • "22.3 (1) The Governor in Council may by order, declare any agreement entered into under section 22.2 to be in force and, when any such order comes into force, the agreement to which it relates has the force of law in Canada during such period as by the terms of the agreement it remains in force.

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    And Whereas subsections 22.4(1) and (2) of the said Act read as follows:

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    And Whereas by Order in Council P.C. 1982-865 of March 18, 1982Footnote **, His Excellency the Governor General in Council, pursuant to section 22.3 of the said Act, directed that a proclamation do issue giving notice that the said Agreement is in force as of February 9, 1982.

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