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CANADA AND THE KINGDOM OF NORWAY, hereinafter referred to as the “Parties”,
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HAVE AGREEDas follows:
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This Agreement shall apply to persons who are or who have been subject to the legislation of Canada or Norway and to their dependants and survivors, as specified by the applicable legislation of either Party.
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Unless otherwise provided in this Agreement, a person described in Article 3, regardless of nationality, shall be subject to the obligations of the legislation of a Party and shall be eligible for the benefits of that legislation under the same conditions as citizens of that Party.
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2 Benefits under the legislation of a Party, including benefits acquired by virtue of this Agreement, shall be payable to a person described in Article 3 who stays or resides in the territory of a third State on the same conditions and to the same extent as to a citizen of that Party who stays or resides in the territory of a third State.
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1 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 was 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 in accordance with Article 11.
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2 Paragraph 1 shall not apply in the case of a person who is sent from the territory of Norway to the territory of Canada unless the person is on a Norwegian payroll as determined by the legislation of Norway.
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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 Canada if he or she resides in the territory of Canada and is not a Norwegian citizen, and only to the legislation of Norway in any other case.
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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 and insured under the legislation of the first Party.
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4 As regards the legislation of Norway, the provisions of this Article shall apply correspondingly to the spouse and children living with the person engaged in government employment in the territory of Canada, unless they themselves are subject to the legislation of Canada by reason of employment or self-employment.
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(a) For the purpose of determining eligibility for a benefit under the legislation of Canada, a creditable period under the legislation of Norway shall be considered as a creditable period under the legislation of Canada;
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(b) For the purpose of determining eligibility for a pension under the legislation of Norway, a creditable period under the legislation of Canada shall be considered as a creditable period under the legislation of Norway. For the purpose of assessing whether a deceased person fulfills the conditions of being insured during the last three years prior to the date of death, periods in receipt of a retirement pension under the Canada Pension Plan or a pension or allowance under the Old Age Security Act shall be taken into account.
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Notwithstanding any other provision of this Agreement, if no right to a benefit exists under the legislation of a Party, the competent institution of a Party shall not be required to pay a benefit to that person in respect of those periods by virtue of this Agreement if:
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(a) as regards Canada, a person’s period of residence under the Old Age Security Act is less than one year or a person’s earnings in any calendar year do not exceed the minimum required under the Canada Pension Plan;
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(b) as regards Norway, a person has accumulated less than one year of residence or less than one year of occupational activity under the legislation of Norway.
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If a person is not eligible for a benefit on the basis of the creditable periods completed under the legislation of the Parties, totalized as provided in Article 13, the eligibility of that person for that benefit shall be determined by totalizing these creditable 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.
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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 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.
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The competent authority of Norway and the relevant authority 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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