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  1. Proclamation Declaring the Second Supplementary Agreement Amending the Agreement on Social Security Between Canada and the United States of America in Force October 1, 1997 - SI/97-111
    Proclamation Declaring the Second Supplementary Agreement Amending the Agreement on Social Security Between Canada and the United States of America in Force October 1, 1997

    [...]

    Have agreed as follows:

    [...]

    For the purposes of this Supplementary Agreement:

    • (a) 
      the Agreement means the Agreement between the Government of Canada and the Government of the United States of America with respect to Social Security, signed at Ottawa on March 11, 1981, as amended by the Supplementary Agreement Amending the Agreement between the Government of Canada and the Government of the United States of America with respect to Social Security, signed at Ottawa on May 10, 1983;

    [...]

    Article I of the Agreement is amended as follows:

    • [...]

    • [...]

      • “ (10) 
        Government of Canada means the Government in its capacity as representative of Her Majesty the Queen in right of Canada;

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    Article II of the Agreement is amended as follows:

    • [...]

    • (c) 
      Paragraph (4) is renumbered as paragraph (5).

    [...]

    Article V of the Agreement is amended as follows:

    • (a) 
      Paragraph 2(a) is revised to read as follows:

      “Where a person who is normally employed in the territory of one Contracting State and who is covered under its laws in respect of work performed for an employer having a place of business in that territory is sent by that employer to work for the same employer 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 is not expected to exceed 60 months. For purposes of applying this sub-paragraph, an employer and an affiliated company of that employer (as defined under the laws of the Contracting State from which the person was sent) shall be considered one and the same, provided that the employment in the other Contracting State would have been subject to the laws on compulsory coverage of the Contracting State from which the person was sent in the absence of this Agreement.”

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    Chapter 2 of Part III of the Agreement is deleted, and the following new Chapter 2 is substituted in its place:

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    • [...]

      • [...]

        • (i) 
          only periods of residence in Canada completed on or after January 1, 1952, including periods deemed as such under Article VI of this Agreement, shall be taken into account; and
    • (2) (a) 
      For purposes of determining entitlement to the payment of a benefit under the Old Age Security Act, a quarter of coverage credited under United States laws on or after January 1, 1952 and after the age at which periods of residence in Canada are credited for purposes of that Act shall be considered as three months 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 one quarter of coverage credited under United States laws shall be considered as a year of coverage credited under the Canada Pension Plan.

    [...]

    • (1) 
      If a person is entitled to the payment of an Old Age Security pension or a spouse’s allowance solely through the application of the totalizing provisions of Article VIII, the agency of Canada shall calculate the amount of the pension or spouse’s allowance payable to that person in conformity with the provisions of the Old Age Security Act governing the payment of a partial pension or a spouse’s allowance, exclusively on the basis of the periods of residence in Canada on or after January 1, 1952 which may be considered under that Act or are deemed as such under Article VI 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, totalized as provided in Article VIII, 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

    [...]

    [...]

    Article XII of the Agreement is amended as follows:

    • [...]

    • (b) 
      The existing sub-paragraphs (b) and (c) are respectively redesignated as sub-paragraphs (c) and (d)

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    [...]

    [...]

    • [...]

    • (2) 
      On the entry into force of this Supplementary Agreement, any reference in the Agreement to “this Agreement” shall be taken to mean the Agreement as amended by this Supplementary Agreement.

    • [...]

    • (5) 
      In the event of the termination of the Agreement through the application of paragraph (1) of Article XXI thereof, this Supplementary Agreement shall also be terminated, with effect on the same day as the termination of the Agreement.

    [...]


  2. Proclamation Declaring the Second Supplementary Agreement Amending the Agreement on Social Security Between Canada and the United States of America in Force October 1, 1997 - SI/97-111
    Proclamation Declaring the Second Supplementary Agreement Amending the Agreement on Social Security Between Canada and the United States of America in Force October 1, 1997

    [...]

    And whereas, by Order in Council P.C. 1997-1169 of August 28, 1997, the Governor in Council directed that a proclamation do issue giving notice that the Second Supplementary Agreement amending the Agreement between the Government of Canada and the Government of the United States of America with respect to Social Security is in force as of October 1, 1997;

    Now Know You that We, by and with the advice of Our Privy Council for Canada, do by this Our Proclamation give notice that the Second Supplementary Agreement amending the Agreement between the Government of Canada and the Government of the United States of America with respect to Social Security, signed on May 28, 1996, a copy of which is annexed hereto, is in force as of October 1, 1997.

    [...]


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