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CANADA AND THE FEDERATIVE REPUBLIC OF BRAZIL (hereinafter “Brazil”), hereinafter referred to as the “Parties”,

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HAVE AGREEDas follows:

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• 1 For the purposes of this Agreement:

  competent institution

  competent institution means, for Canada, the competent authority; and, as regards Brazil, the Instituto Nacional do Seguro Social;

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Any person who is or who has been subject to the legislation of a Party, and persons who acquire rights from 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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• 3 As regards Canada, an allowance and a guaranteed income supplement shall be payable to a person who is outside Canada only to the extent permitted by the Old Age Security Act.

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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. The maximum period of such detachments shall be for a duration of up to 60 months.

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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 engaged therein in government employment 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 Brazil, 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 Brazil by reason of employment or self-employment;

  • (b) If a person is subject to the legislation of Brazil 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. (a) For the purpose of determining eligibility for a benefit under the Old Age Security Act of Canada, a period of coverage under the legislation of Brazil shall be considered as a period of residence in Canada;

  • (b) For the purpose of determining eligibility for a benefit under the Canada Pension Plan, a calendar year including at least 3 months which are periods of coverage under the legislation of Brazil shall be considered as a year of coverage under the Canada Pension Plan.

• 3 For the purpose of determining eligibility for an old age benefit under the legislation of Brazil:

  • (a) A calendar year which is a period of coverage under the Canada Pension Plan shall be considered as 12 months of coverage under the legislation of Brazil;

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

• 4 For the purpose of determining eligibility for a disability or death benefit under the legislation of Brazil, a calendar year which is a period of coverage under the Canada Pension Plan shall be considered as 12 months of coverage under the legislation of Brazil.

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• 3 Canada shall pay an Old Age Security pension to a person who is outside Canada only if that person’s periods of residence, when totalized as provided in Chapter I, 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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• 2 If a person is eligible for a benefit under the legislation of Brazil solely through the application of the totalizing provisions of Chapter I, the competent institution of Brazil:

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  • (c) shall in no case apply sub-paragraph (a) so as to result in a theoretical benefit amount which is lower than the minimum guarantee provided under the legislation of Brazil.

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

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  • (c) 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 insofar 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 institution of that Party, but which are submitted within the same period to a competent authority or institution of the other Party, shall be treated as if they had been submitted to the competent authority or institution of the first Party. The date of submission of claims, notices and appeals to the competent authority or institution of the other Party shall be deemed to be the date of submission to the competent authority or institution of the first Party.

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The relevant authority of Brazil and 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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