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Hereinafter referred to as “the Parties”,

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HAVE AGREEDas follows:

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• 1 For the purpose of this Agreement:

  legislation

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

  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 Canada, the Minister or Ministers responsible for the application of the legislation of Canada; and,

  as regards Romania, the ministry or ministries responsible for the legislation specified in Article 2;

  competent institution

  competent institution means:

  as regards Canada, the competent authority; and,

  as regards Romania, the body or authority responsible for applying the legislation specified in Article 2;

  creditable period

  creditable period means:

  as regards Canada, a period of contribution used to acquire the right to a benefit under the Canada Pension Plan; a period during which a disability pension is paid under that Plan; and a period of residence used to acquire the right to a benefit under the Old Age Security Act; and,

  as regards Romania, periods of contribution and equivalent periods completed under the legislation of Romania.

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Any person described in Article 3 to whom the legislation of a Party applies shall have the same rights and obligations under that legislation as the citizens of that Party.

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• 1 An employed person who is subject to the legislation of a Party and who is sent to work 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, for a period that may be maintained for up to 36 months.

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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 shall, in respect of that employment, be subject only to the legislation of the Party where he or she resides.

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• 3 Except as provided in paragraphs 1 and 2 of this Article, a person who resides in the territory of a Party and who is employed therein in government, civil service, a diplomatic mission or a consular post for the other Party shall, in respect of that employment, be subject only to the legislation of the first Party.

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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 Romania, that period shall be considered as a period of residence in Canada for that person; it shall also be considered to be a period of residence in Canada 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 Romania by reason of employment or self-employment;

  • (b) if a person is subject to the legislation of Romania 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; it shall also not be considered as a period of residence in Canada 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 For the purpose of determining eligibility for a benefit:

  • (a) under the Old Age Security Act of Canada, a creditable period under the legislation of Romania shall be considered as a period of residence in Canada;

  • (b) under the Canada Pension Plan, a calendar year including at least three months which are creditable periods under the legislation of Romania 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 benefit under the legislation of Romania:

  • (a) a calendar year which is a creditable period under the Canada Pension Plan shall be considered as 12 months which are creditable under the legislation of Romania;

  • (b) a month which is a creditable period under the Old Age Security Act of Canada and which does not overlap with a creditable period under the Canada Pension Plan shall be considered as a month which is creditable under the legislation of Romania.

For the purpose of determining eligibility for an invalidity, survivor’s or death benefit under the legislation of Romania, a calendar year which is a creditable period under the Canada Pension Plan shall be considered as 12 months which are creditable under the legislation of Romania.

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If a person is not eligible for a benefit on the basis of the creditable periods under the legislation of either Party, totalized as provided in Article 12, the eligibility of that person for that benefit shall be determined by totalizing these periods and 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. Only periods which can be considered under the totalizing provisions of the relevant instrument with that third State shall be taken into account.

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• 3 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 If a person is eligible for a benefit solely through the application of the totalizing provisions of Chapter 1, the competent institution of Romania shall calculate the amount of benefit payable to that person in the following manner:

  • (a) the theoretical amount of the benefit shall be calculated as if all the creditable periods were completed under the legislation of Romania; and

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• 3 For the purpose of calculating the amount of a benefit as described in paragraph 1 of this Article, only income considered under Romanian legislation and contributions paid under that legislation shall be taken into account.

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• 1 The competent authorities and institutions responsible for the application of this Agreement:

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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 submitted within a prescribed period to a competent authority or competent institution of that Party, but which are submitted within the same period to a competent authority or competent institution of the other Party, shall be treated as if they had been submitted to the competent authority or competent institution of the first Party. The date of submission 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 submission to the competent authority or competent institution of the first Party. The competent authority or competent institution to which the claim, notice or appeal has been submitted shall transmit it without delay to the competent authority or competent institution of the other Party.

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The relevant authority of Romania 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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HAVE AGREEDas follows:

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Pursuant to paragraph 2 of Article 18 of the Agreement on Social Security, the following organizations are designated as the liaison bodies:

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• 1 In cases as provided for in Article 6(b) and Articles 7, 8 and 10 of the Agreement on Social Security, the liaison body whose legislation applies shall, on request, issue a certificate of fixed duration certifying, in respect of the work in question, that the employed person and that person’s employer or the self-employed person are subject to that legislation. The employed person in question as well as that person’s employer, the self-employed person and the other liaison body shall receive a copy of the certificate from the liaison body which issues it. The certificate shall be evidence that the employee or the self-employed person is exempt from compulsory coverage under the legislation applied by the other liaison body.

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• 2 On receipt of a detailed annual statement of the costs incurred to be issued prior to 31 December of each year, the first liaison body shall, in a timely manner within the following year, reimburse the other liaison body for the amounts due as a result of arranging medical examinations.

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