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Have agreed as follows:

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• 1 For the purposes of this Agreement,

  • (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 National Health and Welfare;

  • (b)  territory means, as regards Canada, the territory of Canada; and, as regards the Republic of Cyprus, the Island of Cyprus;

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  • (d)  competent authority means, as regards Canada, the Minister of Ministers responsible for the administration of the legislation of Canada; and, as regards the Republic of Cyprus, the Minister of Labour and Social Insurance;

  • (e)  competent institution means, as regards Canada, the competent authority; and, as regards the Republic of Cyprus, the Department of Social Insurance Services;

  • (f)  creditable period means a period of contributions, insurance, employment or residence used to acquire the right to a benefit under the legislation of either Party; it also means, as regards Canada, a period during which a disability pension is payable under the Canada Pension Plan, and, as regards the Republic of Cyprus, a period for which contributions or insurable earnings appropriate to the benefit in question have been credited under the legislation of Cyprus;

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• 1 This Agreement shall apply to the following legislation:

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  • (b) with respect to Cyprus:

    the Social Insurance Laws, 1980 to 1987, and the regulations made thereunder, as they relate to:

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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, while in the territory of the other Party, be subject to the obligations of the legislation of the latter Party and shall be eligible for the benefits of that legislation under the same conditions as citizens of the latter Party. The preceding shall also apply to a citizen of the first Party who has never been subject to the legislation of that Party, and to the dependants and survivors of such a citizen.

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• 2 An employed person who is covered under the legislation of one 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 former 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 twenty-four months without the prior consent of the competent authorities of both Parties.

• 3

  • (a) Paragraph 2 shall apply to a person who is sent to work on an installation situated in the continental shelf area of a Party in connection with the exploration of the seabed and sub-soil of that area or the exploitation of its mineral resources, as though that installation were situated in the territory of that Party.

• 4 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 Canada and only to the legislation of Cyprus in any other case.

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For the purpose of calculating 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 Cyprus, 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 Cyprus by reason of employment;

• (b) if a person is subject, by reason of employment, to the legislation of Cyprus 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 eligibility for a benefit under the Old Age Security Act of Canada, a period of residence in the territory of Cyprus, 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 contribution year in which at least one fourth of the basic insurable earnings have been paid or credited under the legislation of Cyprus shall be considered as a year for which contributions have been made under the Canada Pension Plan.

• 3 For purposes of determining eligibility for an old age pension under the legislation of Cyprus,

  • (i) a week ending on or before December 31, 1965 which is a creditable period under the Old Age Security Act of Canada shall be considered as a week in which contributions were made under the legislation of Cyprus on insurable earnings equal to the weekly basic insurable earnings applicable at the relevant time;

  • (ii) a year commencing on or after January 1, 1966 which is a creditable period under the Canada Pension Plan shall be considered as fifty-two weeks in which contributions were made under the legislation of Cyprus on insurable earnings equal to the weekly basic insurable earnings applicable at the relevant time;

  • (iii) a week commencing on or after January 1, 1966 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 in which contributions were made under the legislation of Cyprus on insurable earnings equal to the weekly basic insurable earnings applicable at the relevant time.

• 4 For the purposes of determining eligibility for invalidity pension, widow’s pension or orphan’s benefit under the legislation of Cyprus a year commencing on or after January 1, 1966 which is a creditable period under the Canada Pension Plan shall be considered as fifty-two weeks in which contributions were made under the legislation of Cyprus on insurable earnings equal to the weekly basic insurable earnings applicable at the relevant time.

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If a person is not entitled to a benefit on the basis of the periods creditable under the legislation of the Parties, totalized as provided in this Agreement, eligibility for that benefit shall be determined by totalizing these periods and periods creditable under the laws of a third State with which both Parties are bound by an international social security instrument which provides for totalizing of periods.

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• 1

  • (a) If a person is entitled to payment of a pension in Canada under the Old Age Security Act without recourse to the provisions of this Agreement, but has not accumulated sufficient periods of residence in Canada to qualify for payment of the pension abroad under that Act, a partial pension shall be paid to that person outside the territory of Canada if the periods of residence, when totalized as provided in this Agreement, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for payment of a pension abroad.

• 2

  • (a) If a person is not entitled to an Old Age Security pension or a spouse’s allowance solely on the basis of periods of residence in Canada, a partial pension or a spouse’s allowance shall be paid to that person if the periods of residence, when totalized as provided in this Agreement, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for payment of a pension or a spouse’s allowance.

• 3

  • (a) Notwithstanding any other provision of this Agreement, the competent institution of Canada shall not be liable to pay an Old Age Security pension outside the territory of Canada unless the periods of residence, when totalized as provided in this Agreement, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for payment of a pension abroad.

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• 1 If a person is not entitled to a disability pension, disabled contributor’s child’s benefit, survivor’s pension, orphan’s benefit or death benefit solely on the basis of the periods creditable under the Canada Pension Plan, but is entitled to that benefit through the totalizing of periods as provided in this Agreement, the competent institution of Canada shall calculate the amount of the earnings-related portion of such benefit in conformity with the provisions of the Canada Pension Plan, exclusively on the basis of the pensionable earnings under that Plan.

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• 1

  • (a) If a person is not entitled to an old age pension, invalidity pension, widow’s pension or orphan’s benefit solely on the basis of the creditable periods under the legislation of Cyprus, but is entitled to that benefit through the totalizing of creditable periods as provided in this Agreement, the competent institution of Cyprus shall calculate the amount of the supplementary benefit in conformity with the provisions of the legislation of Cyprus, exclusively on the basis of the periods creditable under that legislation.

  • (b) The amount of basic benefit payable under the provisions of this Agreement shall, in this case, be determines as follows:

    • (i) the competent institution of Cyprus shall calculate the theoretical benefit that would be payable if the creditable periods completed under the legislation of both Parties, totalized as provided in Chapter 1 of this Part, had been completed under the legislation of Cyprus alone;

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• 3 If a person is not entitled to a funeral grant solely on the basis of the creditable periods under the legislation of Cyprus, that person’s right to funeral grant shall be determined through the totalizing of creditable periods as provided in this Agreement.

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• 1 The competent authorities and institutions responsible for the application of this Agreement:

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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;

  • (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 of payment of a benefit under the legislation of one 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 to the authority or institution of the first Party.

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The relevant authority of the Republic of Cyprus 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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