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CANADA AND THE REPUBLIC OF LATVIA, 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 the Republic of Latvia, the Ministry responsible for the application of the legislation of the Republic of Latvia; and, as regards Canada, the Minister or Ministers responsible for the application of the legislation of Canada;

  competent institution

  competent institution  means, as regards the Republic of Latvia, the institution which is responsible for providing benefits under the applicable legislation; and, as regards Canada, the competent authority;

  creditable period

  creditable period  means, as regards a Party, a period of contributions or residence used to acquire the right to a benefit under the legislation of that Party; and, as regards the Republic of Latvia, it also means a period deemed under the legislation of the Republic Latvia as equivalent to an insurance period; and, as regards Canada, a period during which a disability pension is payable under the Canada Pension Plan;

  legislation

  legislation  means, as regards a Party, the laws and regulations specified in Article 2 with respect to that Party;

  residence

  residence and resides  mean, as regards the Republic of Latvia, that a person has his or her place of residence in the territory of the Republic of Latvia, including a person who has a temporary or permanent residence permit to stay in the Republic of Latvia, and shall be deemed equivalent to permanent residence.

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• 1 

  Subject to paragraph 2, any person who is or has been subject to the legislation of a Party, and any other person who derives rights under the legislation of that Party from that 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 nationals of the latter Party.

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• 2 

  A benefit under the legislation of a Party shall be paid to a person described in Article 3 who is in a third State under the same conditions and in the same amount as to a national of that Party who is in that third State.

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• 2 

  In the application of paragraph 1, if a person is subject to the legislation of a Party, that person and, as applicable, the employer of that person shall be required to pay contributions only under the legislation of that Party from the first day of the employment or self-employment and shall not be required to pay contributions in regard to that employment or self-employment under the legislation of the other Party.

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An employed person who is subject to the legislation of a 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 his or her employer to work in the territory of the other Party for the same or a related 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. This coverage may not be maintained for more than 60 months without the prior consent of the competent authorities of both Parties.

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

    if a person is subject to the legislation of the Republic of Latvia 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 nor for his or her spouse or common-law partner and dependants who reside with him or her in Canada, 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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• 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 the Republic of Latvia 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 which is a creditable period under the legislation of the Republic of Latvia shall be considered as a year which is creditable under the Canada Pension Plan.

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  • (a) 

    a calendar year which is a creditable period under the Canada Pension Plan shall be considered as a year which is creditable under the legislation of the Republic of Latvia;
  • (b) 

    a period which is creditable 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 creditable period under the legislation of the Republic of Latvia.
• 4 

  For purposes of determining eligibility for a disability or survivor’s pension under the Act on State Pensions of the Republic of Latvia, a calendar year which is a creditable period under the Canada Pension Plan shall be considered as a year which is creditable under the legislation of the Republic of Latvia.
• 5 

  For purposes of determining eligibility for a state social security benefit under the Act on State Social Benefits of the Republic of Latvia, a calendar year of residence in Canada shall be considered as a creditable period under the legislation of the Republic of Latvia, provided that:

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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 Act for the payment of a pension outside Canada;

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• 1 

  A person described in Article 3 who resides in Canada shall be entitled to benefits under the Act on State Pensions and the Act on State Funded Pensions under the same terms and conditions as if that person were residing in the Republic of Latvia.

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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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The relevant authority of the Republic of Latvia 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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