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hereinafter referred to as “the Parties”,

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HAVE AGREED AS FOLLOWS:

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• 1 For the purposes of this Agreement:

  “benefit” means, as regards a Party, any cash benefit, pension or allowance for which provision is made in the legislation of that Party and includes any supplements or increases applicable to such a cash benefit, pension or allowance; however, for the purposes of Articles VIII, IX and X, “benefit” does not include a grant payable under the legislation of Saint Vincent and the Grenadines;

  “competent authority” means, as regards Canada, the Minister or Ministers responsible for the application of the legislation of Canada; and, as regards Saint Vincent and the Grenadines, the Minister responsible for the subject of National Insurance;

  “competent institution” means, as regards Canada, the competent authority; and, as regards Saint Vincent and the Grenadines, the National Insurance Board;

  “creditable period” means, as regards a Party, a period of contributions, whether paid or credited, or a period of residence used to acquire the right to a benefit under the legislation of that Party; as regards Canada, it also means a period during which a disability pension is payable under the Canada Pension Plan;

  “legislation” means, as regards a Party, the laws and regulations specified in Article II(1) with respect to that Party.

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• 1 This Agreement shall apply to the following legislation:

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  • (b) with respect to Saint Vincent and the Grenadines:

    the National Insurance Act (Chapter 229 of the Laws of Saint Vincent and the Grenadines [Revised Edition] 1990) and the regulations made thereunder, as they relate to:

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Any person who is or 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.

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• 2 An employed person who is subject to the legislation of a Party and who works in the territory of the other Party for the same employer shall, in respect of that work, be subject only to the legislation of the first Party as though that work were performed in its territory. In the case of an assignment, this coverage may not be maintained for more than 60 months without the prior consent of the competent authorities of both Parties.

• 3 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, vessel or aircraft 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 Saint Vincent and the Grenadines in any other case.

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• 1 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 presence or residence in Saint Vincent and the Grenadines, 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 Saint Vincent and the Grenadines by reason of employment or self-employment;

  • (b) if a person is subject to the legislation of Saint Vincent and the Grenadines during any period of presence or residence in 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 or self-employment; and

  • (c) if a person who is ordinarily resident in Saint Vincent and the Grenadines is present and employed in Canada and, in respect of that employment, is subject to the Canada Pension Plan or to the comprehensive pension plan of a province of Canada, the period of presence and employment in Canada shall, only for purposes of this Agreement, be considered as a period of residence in Canada.

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• 2

  • (a) For purposes of determining eligibility for a benefit under the Old Age Security Act of Canada, a creditable period under the legislation of Saint Vincent and the Grenadines shall be considered as a period of residence in Canada;

  • (b) For purposes of determining eligibility for a benefit under the Canada Pension Plan, a calendar year including at least 13 weeks which are creditable under the legislation of Saint Vincent and the Grenadines shall be considered as a year for which contributions have been made under the Canada Pension Plan.

• 3 For purposes of determining eligibility for a contributory age benefit under the legislation of Saint Vincent and the Grenadines:

  • (i) a year commencing on or after January 1, 1987 which is a creditable period under the Canada Pension Plan shall be considered as 52 weeks for which contributions have been paid under the legislation of Saint Vincent and the Grenadines;

  • (ii) a week commencing on or after January 5, 1987 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 for which contributions have been paid under the legislation of Saint Vincent and the Grenadines.

• 4 For the purposes of determining eligibility for an invalidity or a survivor’s benefit under the legislation of Saint Vincent and the Grenadines, a year commencing on or after January 1, 1987 which is a creditable period under the Canada Pension Plan shall be considered as 52 weeks for which contributions have been paid under the legislation of Saint Vincent and the Grenadines.

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If a person is not eligible for a benefit on the basis of the creditable periods under the legislation of the Parties, totalized as provided in Article VIII, the eligibility of that person for that benefit shall be determined by totalizing these periods and creditable periods under the legislation of a third State with which both Parties are bound by social security instruments which provide for totalizing of periods.

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• 3 Notwithstanding any other provision 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, when totalized as provided in Chapter 1, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for the payment of a pension outside Canada; and

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• (b) shall lend their good offices and furnish assistance to one another for the purpose of determining eligibility for, or the amount of, any benefit under this Agreement, or under the legislation to which this Agreement applies, as if the matter involved the application of their own legislation; and

• (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 in so far as these changes affect the application of this Agreement.

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• 1 Any claim, notice or appeal concerning eligibility for, or the amount 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 or institution of that Party, but which is presented within the same period to an authority or institution of the other Party, shall be treated as if it had been presented to the competent authority or institution of the first Party. The date of presentation of the claim, notice or appeal to the authority or institution of the other Party shall be deemed to be the date of its presentation to the competent authority or institution of the first Party.

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• 3 Unless the Parties mutually determine otherwise, the Commission shall consist of 3 arbitrators of whom each Party shall appoint one and the two arbitrators so appointed shall appoint a third who shall act as President; provided that, in default of agreement, the President of the International Court of Justice shall be requested to appoint the President.

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The relevant authority of Saint Vincent and the Grenadines and a province of Canada may conclude understandings concerning any social security matter within provincial jurisdiction in Canada in so far as those understandings are not inconsistent with the provisions of this Agreement.

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