Advanced Search

[...]

Have agreed as follows:

[...]

• 1 For the purposes of this Agreement:

  benefit

  benefit means, as regards a Party, any pension or 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 Canada, the Minister or Ministers responsible for the application of the legislation of Canada; and, as regards Sweden, the Government or the authority nominated by the Government;

  competent institution

  competent institution means, as regards Canada, the competent authority; and, as regards Sweden, the authority charged with the implementation of the legislation specified in Article II;

  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;

  guaranteed pension

  guaranteed pension means, as regards the legislation of Sweden, a guaranteed pension to old-age pensions and a guaranteed pension to survivors’ pensions;

  legislation

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

[...]

• 1 A citizen 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.

• 2 As regards the legislation of Canada, paragraph 1 shall apply to any person described in Article III, without regard to citizenship.

[...]

• 1 An employed person who is subject to the legislation of a Party and who is sent by that person’s 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. Subject to paragraph 2, this coverage may not be maintained for more than 60 months without the prior consent of the competent authorities of both Parties.

[...]

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 Sweden if the ship flies the flag of Sweden and only to the legislation of Canada in any other case.

[...]

• 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 Sweden, 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 accompany that person to Sweden, who reside with that person in Sweden, and who are not subject to the legislation of Sweden by reason of employment or self-employment;

  • (b) if a person is subject to the legislation of Sweden 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 that person’s spouse or common-law partner and dependants who accompany that person to Canada, who reside with that person 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.

[...]

For the purpose of calculating the amount of pensions under Swedish legislation:

• (a) if a person is subject to Swedish legislation during any period of presence or residence in Canada, that period shall be considered as a period of residence in Sweden for that person and the person’s spouse and children under the age of 18 who have accompanied that person to Canada, provided the family members are 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 presence or residence in Sweden, that period shall not be considered as a period of residence in Sweden for that person and the person’s spouse and children under the age of 18 who have accompanied that person to Sweden, provided the family members are not subject to Swedish legislation by reason of employment or self-employment.

[...]

• [...]

• 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 Sweden 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 for which pension points or pension rights have been credited for purposes of income-based old-age pensions under the legislation of Sweden shall be considered as a year which is creditable under the Canada Pension Plan.

• 3 For purposes of determining eligibility for benefits under Swedish legislation:

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

  • (b) any period 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 period which is creditable under the legislation of Sweden.

[...]

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 XIII, 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 for that person.

[...]

• [...]

• 3 Notwithstanding any other provision of this Agreement:

  • (a) a pension under the Old Age Security Act 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 that Act for the payment of a pension outside Canada;

[...]

• [...]

• 2 When calculating the amount of a guaranteed pension or sickness or activity compensation in the form of guaranteed compensation, benefits under the Old Age Security Act of Canada as well as the flat-rate portion of benefits under the Canada Pension Plan shall not be taken into account.

[...]

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

  • [...]

  • (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.

[...]

• 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.

[...]

• [...]

• 4 Unless the Parties mutually determine otherwise, the arbitral tribunal shall consist of three arbitrators, of whom each Party shall appoint one within two months from the date of receipt of the request for arbitration, and the two arbitrators so appointed shall appoint, within two months after the last notice of appointment, the third who shall act as president; provided that if either Party fails to appoint its arbitrator or if the two appointed arbitrators fail to agree about the third, 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.

[...]

The relevant authority of Sweden 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.

[...]