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hereinafter referred to as “the Parties”,
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HAVE AGREED AS FOLLOWS:
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“competent authority” means, as regards Canada, the Minister or Ministers responsible for the application of the legislation of Canada; and, as regards the Republic of Chile, the Minister of Labour and Social Insurance (el Ministro del Trabajo y Previsión Social);
“competent institution” means, as regards Canada, the competent authority; and, as regards the Republic of Chile, the institution responsible for the application of the legislation specified in Article II;
“creditable period” means, as regards Canada, any period of contributions or residence used to acquire the right to a benefit under the legislation of Canada, and includes a period during which a disability pension is payable under the Canada Pension Plan; and, as regards the Republic of Chile, all periods of contributions or equivalent periods used to acquire any benefit under the legislation of Chile;
“dependent worker” means, as regards Canada, an employed person; and, as regards the Republic of Chile, any person who provides services to an employer under an employer/employee relationship;
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“national” means, as regards Canada, a Canadian citizen; and, as regards the Republic of Chile, anyone declared as such in its political Constitution;
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3 This Agreement shall apply to laws, regulations and other provisions which extend the schemes specified in paragraph 1 to other categories of beneficiaries or to new benefits only if no objection by the competent authority of either Party has been communicated to the competent authority of the other Party within three months of the notification of the publication or proclamation, as the case may be, of such laws, regulations or other provisions.
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4 In the application of this Agreement, no account shall be taken of the provisions of other bilateral or multilateral agreements concluded by either Party insofar as they relate to the legislation specified in paragraph 1.
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(a) as regards Canada, to any person who is or who has been subject to the legislation of Canada, and to the dependants and survivors of such a person; and
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(b) as regards the Republic of Chile, to any person who is or who has been subject to the legislation of the Republic of Chile, and to his or her beneficiaries to the extent they derive rights from him or her.
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In the application of the legislation of a Party, all persons described in Article III shall be eligible for the benefits, and subject to the obligations, of the legislation of that Party under the same conditions as its nationals.
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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 Chile, 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 the Republic of Chile by reason of employment or self-employment; and
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(b) if a person is subject to the legislation of the Republic of Chile 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.
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1 If a person is not entitled to a benefit because he or she has not accumulated sufficient creditable periods under the legislation of a Party, the entitlement of that person to that benefit shall be determined by totalizing creditable periods under the legislation of both Parties, as specified in paragraphs 2 through 4, provided that the periods do not overlap.
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2 (a) For purposes of determining entitlement to a benefit under the Old Age Security Act of Canada, a creditable period under the legislation of the Republic of Chile shall be considered as a period of residence in Canada.
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(a) a calendar year which is a creditable period under the Canada Pension Plan shall be considered as 12 months or 52 weeks which are creditable under the legislation of the Republic of Chile; and
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(b) a month or week 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 month or week which is creditable under the legislation of the Republic of Chile.
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4 For purposes of determining entitlement to a disability or survivors benefit under the legislation of the Republic of Chile, a calendar year which is a creditable period under the Canada Pension Plan shall be considered as 12 months or 52 weeks which are creditable under the legislation of the Republic of Chile.
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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 entitlement to the payment of a pension outside Canada; and
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2 For purposes of determining the fulfilment of the requirements specified in the Chilean legal provisions for an early retirement pension under the New System of Pensions, affiliated persons who have obtained a pension under the legislation of Canada shall be considered as pensioners under the social insurance plans administered by the Institute for Social Insurance Standardization.
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3 Workers who have been affiliated with the New System of Pensions in Chile shall be allowed to make voluntary social insurance contributions to that System as self-employed persons during the time they reside in Canada, subject, nonetheless, to compliance with the legislation of the latter country regarding the obligation to contribute. Workers who opt to exercise this right shall be exempt from the obligation to make the contribution intended for the financing of health benefits.
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5 For the purpose of qualifying for pensions under the legislation that governs the social insurance plans administered by the Institute for Social Insurance Standardization, persons who are receiving pensions under the legislation of Canada shall be considered as current contributors to the social insurance plan that applies to them.
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6 In the situations described in paragraphs 1 and 4 above, the competent institution shall determine the amount of the benefit as if all the creditable periods had been completed under its own legislation; for the purposes of the payment of the benefit, it shall calculate the part for which it is liable on the basis of the ratio between the creditable periods completed exclusively in Chile and the total creditable periods completed in both Parties.
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Persons who receive a pension under the legislation of Canada and who reside in Chile shall be entitled to enrol themselves in the health benefit plans of Chile under the same conditions as the pensioners of the latter country.
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(b) shall lend their good offices and furnish assistance to one another with regard to the determination of entitlement to, and payment of, any benefit under this Agreement, or the legislation to which this Agreement applies, as if the matter involved the application of their own legislation; and
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(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 the determination or payment of a benefit under the legislation of a Party which should, for the purposes of that legislation, have been presented within a prescribed timeframe 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.
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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. If the two arbitrators fail to agree, the President of the International Court of Justice shall be requested to appoint the president.
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The authorities of the Republic of Chile and of a province of Canada may conclude understandings concerning any social security matter within provincial jurisdiction in Canada insofar as those understandings are not inconsistent with the provisions of this Agreement.
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