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  1. Proclamation Giving Notice that the Agreement on Social Security Between Canada and the Republic of Estonia Comes Into Force on November 1, 2006 - SI/2006-121
    Proclamation Giving Notice that the Agreement on Social Security Between Canada and the Republic of Estonia Comes Into Force on November 1, 2006

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    hereinafter referred to as “the Parties”,

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    HAVE AGREED AS FOLLOWS

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      benefit

      benefit means, as regards a Party, any pension or other cash benefit for which provision is made in the legislation of that Party and includes any supplements or increases applicable to such a pension or cash benefit;

      competent authority

      competent authority means, as regards a Party, the Minister or Ministers responsible for the application of the legislation of that Party;

      competent institution

      competent institution means, as regards Canada, the competent authority; and, as regards the Republic of Estonia, the institutions charged with the implementation of the legislation of the Republic of Estonia;

      creditable period

      creditable period means, as regards a Party, a period of contributions, insurance or 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; and, as regards the Republic of Estonia, other periods of pensionable service as defined in the legislation of the Republic of Estonia;

      legislation

      legislation means, as regards a Party, the acts and regulations specified in Article II;

      residence

      residence means, as regards the Republic of Estonia, legal residence in the territory of the Republic of Estonia, including permanent residence or temporary residence status;

      territory

      territory means, as regards Canada, the territory of Canada; and, as regards the Republic of Estonia, the territory under the jurisdiction of the Republic of Estonia; and the terms Canada and Republic of Estonia, when used in a geographical sense, shall be interpreted accordingly;

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    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 was 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 institutions of both Parties.

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    • 3 
      Except as provided in paragraphs 1 and 2, a person who resides in the territory of a Party and who is engaged therein in government employment for the other Party shall, in respect of that employment, be subject only to the legislation of the first Party. However, if that person has, prior to the start of that employment, made contributions under the legislation of the employing Party, he or she may, within 6 months of the start of that employment or the entry into force of this Agreement, whichever is later, elect to be subject only to the legislation of the latter Party.

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      • (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 the Republic of Estonia, that period shall be considered as a period of residence in Canada for that person as well as for that person’s spouse or common-law partner and dependants who reside with him or her and who are not subject to the legislation of the Republic of Estonia by reason of employment or self-employment;
      • (b) 
        if a person is subject to the legislation of the Republic of Estonia 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 or common-law partner 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.

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    For the purpose of determining eligibility for a national pension under the legislation of the Republic of Estonia:

    • (a) 
      if a person is subject to the legislation of the Republic of Estonia during any period of residence in Canada, that period shall be considered as a period of residence in the Republic of Estonia for that person as well as for that person’s accompanying spouse who resides with him or her and who is not subject to the legislation of Canada by reason of employment or self-employment;
    • (b) 
      if a person is subject to the legislation of Canada during any period of residence in the Republic of Estonia, that period shall not be considered as a period of residence in the Republic of Estonia for that person as well as for that person’s accompanying spouse who resides with him or her and who is not subject to the legislation of the Republic of Estonia by reason of employment or self-employment.

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    • 2 (a) 
      For the purpose of determining eligibility for a benefit under the Old Age Security Act of Canada, a period which is a creditable period for purposes of an old-age pension under the legislation of the Republic of Estonia shall be considered as a period of residence in Canada.
    • (b) 
      For the purpose of determining eligibility for a benefit under the Canada Pension Plan, a calendar year which is a creditable period for purposes of an incapacity for work or survivor’s pension under the legislation of the Republic of Estonia shall be considered as a year which is creditable under the Canada Pension Plan.
    • 3 
      For the purpose of determining eligibility for an old-age, incapacity for work or survivor’s pension under the legislation of the Republic of Estonia, a calendar year which is a creditable period under the Canada Pension Plan shall be considered as one year which is creditable under the legislation of the Republic of Estonia.
    • 4 
      For the purpose of determining eligibility for a national pension under the legislation of the Republic of Estonia, a creditable period under the Old Age Security Act of Canada shall be considered as a creditable period under the legislation of the Republic of Estonia.

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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 XII, the eligibility of that person for that benefit shall be determined by totalizing these periods and creditable periods completed under the legislation of a third State with which both Parties are bound by social security instruments which provide for the totalizing of periods.

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      • (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 for the payment of a pension outside Canada;

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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;
      • (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 
      Claims, notices and appeals 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 are presented within the same period to an authority or institution of the other Party, shall be treated as if they had been presented to the competent authority or institution of the first Party. The date of presentation of claims, notices and appeals to the authority or institution of the other Party shall be deemed to be the date of their presentation to the competent authority or institution of the first Party.

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    • 4 
      Unless the Parties mutually determine otherwise, the arbitral tribunal shall consist of three 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 if either Party fails to appoint its arbitrator or if the two arbitrators fail to agree, the competent authority of the other Party shall invite the President of the International Court of Justice to appoint the arbitrator of the first Party or the two appointed arbitrators shall invite the President of the International Court of Justice to appoint the president of the arbitral tribunal.

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    The competent authority of the Republic of Estonia 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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  2. Proclamation Giving Notice that the Agreement on Social Security Between Canada and the Republic of Estonia Comes Into Force on November 1, 2006 - SI/2006-121
    Proclamation Giving Notice that the Agreement on Social Security Between Canada and the Republic of Estonia Comes Into Force on November 1, 2006

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    Whereas that Order in Council was laid before Parliament on November 4, 2005 and, as Parliament was dissolved before the expiry of the thirty-sitting days period required under the Old Age Security Act, the Order was laid before Parliament again on May 2, 2006;

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