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CANADA AND THE REPUBLIC OF LITHUANIA, 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 cash benefit for which provision is made in the legislation of that Party and includes any supplements or increases applicable to such a 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 the Republic of Lithuania, the institution or institutions responsible for the administration of the legislation specified in Article 2; and, as regards Canada, the competent authority;

  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;

  legislation

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

  resident

  resident  means, as regards the Republic of Lithuania, a person who legally resides in the territory of the Republic of Lithuania, including a person who is granted permanent residence or temporary residence status.

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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.

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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 or related employer shall, in respect of that work, be subject only to the legislation of the first Party as though that work is 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.

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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 employed therein by a diplomatic or consular mission of 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 six 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 Lithuania, 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 Lithuania by reason of employment or self-employment;
  • (b) 

    if a person is subject to the legislation of the Republic of Lithuania 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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• 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 Lithuania 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 three months which are creditable periods under the legislation of the Republic of Lithuania 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 twelve months which are creditable under the legislation of the Republic of Lithuania;
  • (b) 

    a month 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 month which is creditable under the legislation of the Republic of Lithuania.
• 4 

  For purposes of determining eligibility for a disability, survivor’s or orphan’s pension under the legislation of the Republic of Lithuania, a calendar year which is a creditable period under the Canada Pension Plan shall be considered as twelve months which are creditable under the legislation of the Republic of Lithuania.

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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 11, 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 Act for the payment of a pension outside Canada;

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• 1 

  Subject to paragraph 2, a person described in Article 3 who resides in Canada shall be entitled to benefits under the legislation of the Republic of Lithuania under the same terms and conditions as if that person were residing in the Republic of Lithuania.

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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 competent institution of that Party, but which are presented within the same period to a competent authority or competent institution of the other Party, shall be treated as if they had been presented to the competent authority or competent institution of the first Party. The date of presentation of claims, notices and appeals to the competent authority or competent institution of the other Party shall be deemed to be the date of their presentation to the competent authority or competent 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 relevant authority of the Republic of Lithuania 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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