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Have agreed as follows:

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• (1) For the purpose of this Agreement:

  contribution period

  contribution period means, in relation to Jersey and Guernsey, a period in respect of which contributions appropriate to the benefit in question are payable, have been paid or treated as paid under the legislation concerned;

  dependant

  dependant means, in relation to Jersey and Guernsey, a person who would be treated as such for the purpose of any claim for an increase of benefit in respect of a dependant under the legislation concerned;

  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 National Health and Welfare;

  legislation

  legislation means, in relation to a Party, such of the legislation specified in Article 2 as applies in the territory of that Party;

  Party

  Party means Jersey or Guernsey, as the case may be, or Canada.

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• (1) The provisions of this Agreement shall apply to the following legislation:

  • (a) in relation to Jersey, the Social Security (Jersey) Law, 1974, as it applies to old age pension, widow’s benefits, sickness benefit, invalidity benefit, disablement benefit and death grant;

  • (b) in relation to Guernsey, the Social Insurance (Guernsey) Law, 1978, as it applies to old age pension, widow’s benefit, sickness benefit, invalidity benefit, industrial injury benefit, industrial disablement benefit and death grant; and

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Any person who is or who has been subject to the legislation of any Party, and the dependants and survivors of such a person, shall, while in the territory of any other Party, be subject to the obligations of the legislation of either of the other Parties and shall be eligible for the benefits of that legislation under the same conditions as a person subject to the legislation of that other 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 another Party for the same employer shall, in respect of the continuation of the performance of those services, be subject only to the legislation of the former Party as though those services were performed in its territory, provided that the detached employment does not last for more than 36 months. In the case of such a detachment, this coverage may be maintained for more than 36 months only with the prior consent of the competent authorities of both Parties concerned.

• (3) A person who, but for this Agreement, would be subject to the legislation of more than one Party 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 the Party in which he or she is ordinarily resident.

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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 another Party, 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 another Party by reason of employment; and

• (b) if a person is subject to the legislation of another Party 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 the comprehensive pension plan of a province of Canada by reason of employment.

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• (2) For the purposes of determining entitlement under the legislation of Jersey:

  • (a) to old age pension or widow’s benefits, a year which is a creditable period under the Canada Pension Plan shall be considered as an annual contribution factor of 1.00; and

  • (b) to old age pension, 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 weekly contribution factor of 0.0193.

• (3) For the purposes of determining entitlement under the legislation of Guernsey:

  • (a) to old age pension or widow’s benefit, a year which is a creditable period under the Canada Pension Plan shall be considered as 52 weeks of contributions; and

  • (b) to old age pension, 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 of contributions.

• (4) For the purposes of determining entitlement under the legislation of Canada:

  • (a) to a benefit under the Old Age Security Act, a creditable period under the legislation of another Party, or a period of residence in the territory of another Party 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; and

  • (b) to a benefit under the Canada Pension Plan, a contribution year including an annual contribution factor of at least 0.25 under the legislation of Jersey, or at least 13 weeks of contributions under the legislation of Guernsey, shall be considered as a year for which contributions have been made under the Canada Pension Plan.

• (5) For the purposes of applying the provisions of Article 14, the competent authority of Jersey or Guernsey shall take account only of creditable periods completed under the legislation of any Party which would be taken into account for the determination of pensions under the legislation of Jersey or Guernsey if they were completed under the appropriate legislation and shall, where appropriate, take into account in accordance with that legislation creditable periods completed by a spouse, or former spouse, as the case may be.

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Notwithstanding the provisions of paragraph (4) of Article 2, 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 8, entitlement 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 either Jersey or Guernsey, as the case may be, and Canada are bound by social security instruments which provide for totalizing periods.

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• (3) Notwithstanding any other provision of this Agreement:

  • (a) the 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 Articles 8 and 9, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for entitlement to a pension outside Canada; and

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• (2) In accordance with the provisions of Articles 8 to 10, the competent authority of a Party shall determine:

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  • (b) the proportion of such theoretical pension which bears the same relation to the whole as the total of the creditable periods completed under the legislation of that Party bears to the total of all the creditable periods which he or she completed under the legislation of all Parties.

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• (1) The provisions of Articles 13 and 14 shall also apply, with such modifications as the differing nature of the benefits shall require, to widow’s benefit.

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• (1) Notwithstanding the definitions in paragraph (1) of Article 1, for the purpose of this Article:

  prescribed period

  prescribed period means, in relation to Jersey and Guernsey, the period commencing on the same date under the legislation of Jersey or Guernsey, as the case may be, as the relevant period for the purposes of old age pension and ending on 31 December next preceding the date on which entitlement to invalidity benefit first arose;

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• (3) For the purpose of satisfying the qualifying period for invalidity benefits, a person who:

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  • (b) has satisfied the first contribution condition for sickness benefit using contributions under the legislation of Jersey or Guernsey only, as the case may be; and

  shall be treated as if he had been entitled to sickness benefit throughout that period.

• (4) Where a person has satisfied the conditions set out in paragraph (3) or (5), the competent authority of Guernsey shall:

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  • (b) calculate the amount of invalidity benefit to be paid, subject to paragraph (7), as being the proportion, not exceeding 100%, of the standard rate which the total number of contributions paid or credited under the legislation of Guernsey during the prescribed period bears to the product of the number of years in that period and 50, save that if the amount so calculated is less than one-twentieth of the standard rate no benefit shall be payable.

• (5) For the purpose of qualifying for invalidity benefit under the legislation of Guernsey, a person who:

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  shall be treated as if he had been entitled to sickness benefit throughout that period.

• (6) For the purposes of paragraphs (3) and (5), a year which is a creditable period under the Canada Pension Plan shall be considered as 52 weeks of contributions under the legislation of Guernsey, provided that the periods do not overlap.

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• (8) Where a person has satisfied the conditions set out in paragraph (3), the competent authority of Jersey shall determine the actual rate of invalidity benefit payable as the amount that bears the same relation to the standard rate of benefit as the life average contribution factor bears to 1.00 over the prescribed period, except that no benefit shall be payable where the factor is less than 0.1.

• (9) For the purposes of paragraph (3), a year which is a creditable period under the Canada Pension Plan shall be considered as an annual contribution factor of 1.00 under the legislation of Jersey.

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• (11) No person in relation to whom invalidity benefit is payable under the provisions of this Agreement shall receive a contribution credit from Jersey or Guernsey unless present in Jersey or Guernsey, as the case may be.

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Where a person dies in Canada, his or her death shall be treated, for the purpose of any claim for a death grant under the legislation of Jersey or Guernsey, as if it had occurred in Jersey or Guernsey, as the case may be.

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• (1) The competent authorities shall:

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  • (b) 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) communicate to one another, 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 of that Party, but which is presented within the same period to a competent authority of another Party, shall be treated as if it had been presented to the competent authority of the first Party.

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The relevant authorities of Jersey and Guernsey 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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As you know, our officials, with officials from Jersey and Guernsey, have been considering the conclusion of an Agreement on Social Security between the United Kingdom of Great Britain and Northern Ireland, on behalf of Jersey and Guernsey, and Canada.

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The Government of the United Kingdom, with the concurrence of the States of Jersey and of the States of Guernsey, also proposes that:

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• (ii) the Agreement shall remain in force without any limitation on its duration; it may be denounced at any time, insofar as it applies to one or more of Jersey, Guernsey or Canada, by:

  • (a) the Government of the United Kingdom, with the concurrence of either or both of the States of Jersey or of the States of Guernsey, as the case may be, or

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If the foregoing proposals are acceptable to the Government of Canada, I have the honour to suggest that this letter and the Schedule annexed thereto, together with your reply to that effect, shall constitute an Agreement between the two Governments on this matter which shall enter into force as in (i) above.

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I have the honour to acknowledge receipt of your letter of February 5, 1993, which reads as follows:

“As you know, our officials, with officials from Jersey and Guernsey, have been considering the conclusion of an Agreement on Social Security between the United Kingdom of Great Britain and Northern Ireland, on behalf of Jersey and Guernsey, and Canada.

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The Government of the United Kingdom, with the concurrence of the States of Jersey and of the States of Guernsey, also proposes that:

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• (ii) the Agreement shall remain in force without any limitation on its duration; it may be denounced at any time, insofar as it applies to one or more of Jersey, Guernsey or Canada, by:

  • (a) the Government of the United Kingdom, with the concurrence of either or both of the States of Jersey or of the States of Guernsey, as the case may be, or

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If the foregoing proposals are acceptable to the Government of Canada, I have the honour to suggest that this letter and the Schedule annexed thereto, together with your reply to that effect, shall constitute an Agreement between the two Governments on this matter which shall enter into force as in (i) above.

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