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  1. Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Iceland in Force October 1, 1989 - SI/90-52
    Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Iceland in Force October 1, 1989

    [...]

    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 Iceland, the territory of Iceland;

      • [...]

      • (d)  competent authority means, as regards Canada, the Minister or Ministers responsible for the administration of the legislation of Canada; and, as regards Iceland, the Ministry of Health and Social Security, or such institution as the Ministry designates;

    [...]

    • 1 This Agreement shall apply to the following legislation:

      • [...]

      • (b) with respect to Iceland,

        the National Insurance Act No. 67/1971, as amended, and the regulations made thereunder, as they relate to:

        [...]

    [...]

    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 subject to the obligations of the legislation of the other 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.

    [...]

    • [...]

    • 2 An employed person who is covered under the legislation of one Party in respect of employment by an employer who has a place of business in the territory of that Party and who is sent by that employer to perform services in the territory of the other Party 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. The provisions of the preceding sentence shall apply only if the assignment to the territory of the other Party is not expected to last more than 24 months. This coverage may, however, be maintained for more than 24 months with the prior consent of the competent authorities of the 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, should 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 Iceland in any other case.

    [...]

    • 1 For the purpose of calculating benefits under the Old Age Security Act of Canada:

      • (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 Iceland, 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 Iceland by reason of employment;

      • (b) if a person is subject to the legislation of Iceland 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 For the purposes of the legislation of Iceland:

      • (a) if a person is subject to the legislation of Iceland during any period of residence in the territory of Canada, that period shall be considered as a period of domicile in Iceland 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 Canada by reason of employment;

      • (b) if a person is subject to the legislation of Canada during any period of residence in the territory of Iceland, that period shall not be considered as a period of domicile in Iceland for that person and for that person’s spouse and dependants who reside with him or her and who are not subject to the legislation of Iceland by reason of employment.

    [...]

    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 the periods creditable under the law of a third State with which both Parties are bound by an international social security instrument which provides for totalizing of periods.

    [...]

    • 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, partial pension shall be paid to that person outside the territory of Canada if the creditable periods, 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 creditable periods, 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 of a spouse’s allowance.

      [...]

    • 3. (a) Notwithstanding any other provision of this Agreement, the competent authority of Canada shall not be liable to pay an Old Age Security pension outside the territory of Canada unless the creditable periods, 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.

      [...]

    [...]

    • 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 authority 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.

    [...]

    • 1 In relation to the condition that a person be domiciled in Iceland in order to be entitled to an invalidity pension, child pension, widow’s benefit, widower’s benefit or widow’s pension, residence in Canada shall be treated as domicile in Iceland.

    • [...]

    • 3 As regards an invalidity pension or widow’s pension, in determining the period of domicile of a person who lives outside the territory of Iceland and who was not in receipt of the pension in question when leaving Iceland, the period until reaching the age of 67 shall be taken into account only in the proportion which the periods of domicile in Iceland after reaching the age of 16 bear in relation to the total of those periods and periods of residence in Canada which are creditable for purposes of the Old Age Security Act of Canada.

    [...]

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

      • [...]

      • (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.

    [...]

    • 1 Any claim, notice or appeal concerning the determination or 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 of that Party, but which is presented within the same period to a competent authority of the other Party, shall be treated as if it had been presented to the authority of the first Party.

    [...]

    The relevant authority of Iceland 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.

    [...]


  2. Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Iceland in Force October 1, 1989 - SI/90-52
    Proclamation Declaring the Reciprocal Agreement on Social Security Between Canada and Iceland in Force October 1, 1989

    [...]

    Whereas section 41 of the Old Age Security Act, provides as follows:

    • “41. (1) The Governor in Council may, by order, declare any agreement entered into under section 40 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.

    [...]

    And Whereas subsections 42(1) and (2) of the Old Age Security Act provide as follows:

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