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CANADA AND THE REPUBLIC OF INDIA (“INDIA”) hereinafter referred to as “the Contracting States”,

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HAVE AGREEDas follows:

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• 1 For the purposes of this Agreement:

  benefit

  benefit means, as regards a Contracting State, any cash benefit for which provision is made in the legislation of that Contracting State 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 specified in Article 2(1)(b); and,

  as regards India, the Minister of Overseas Indian Affairs responsible for the application of the legislation specified in Article 2(1)(a);

  competent institution

  competent institution means:

  as regards Canada, the competent authority; and,

  as regards India, the Employees’ Provident Fund Organization;

  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 India, any period of contributions or insurance recognized as such in the legislation under which that period was completed, as well as any period recognized as equivalent to a period of contribution or insurance under that legislation;

  legislation

  legislation means, as regards a Contracting State, the laws and regulations referred to in Article 2;

  territory

  territory means:

  as regards Canada, the territory of Canada, including its land territory, internal waters and territorial sea, and includes the air space above these areas, as well as the exclusive economic zone and the continental shelf, as determined by its domestic law, consistent with international law; and,

  as regards India, the geographic areas of the Republic of India including territorial seas, as well as the exclusive economic zones over which, in accordance with international law, the Republic of India has sovereign rights.

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• 2 For the application of Part II of this Agreement, all creditable periods under the legislation of India shall apply and as regards Part III of this Agreement, only creditable periods relating to pension programmes shall apply.

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Any person described in Article 3 shall have the same rights and obligations under that legislation as nationals of that Contracting State.

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• 3 As regards Canada, an allowance and a guaranteed income supplement shall be paid 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 Contracting State and who is sent by his or her employer to work in the territory of the other Contracting State shall, in respect of that work, be subject only to the legislation of the first Contracting State as though that work was performed in its territory. This coverage may be extended for more than 60 months with the mutual consent of the competent authorities of both Contracting States.

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A person who, but for this Agreement, is subject to the legislation of both Contracting States 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 Contracting State in which he or she resides. Where the circumstances of the previous sentence do not apply, the person shall be subject only to the legislation of India if the ship flies the flag of India.

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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 India, 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 India by reason of employment;

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• 2 For purposes of determining eligibility for an old age benefit under the legislation of India:

  • (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 India;

  • (b) a month 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 which is creditable under the legislation of India.

• 3 For purposes of determining eligibility for a disability or survivor’s benefit under the legislation of India, 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 India.

• 4 (a) For purposes of determining eligibility for a benefit under the Old Age Security Act of Canada, a creditable period under the legislation of India 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 including at least three months which are creditable under the legislation of India shall be considered as a year which is creditable under the Canada Pension Plan.

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If a person is not eligible for a benefit on the basis of the creditable periods under the legislation of the Contracting States, totalized as provided in Article 12, 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 Contracting States are bound by social security instruments which provide for the totalizing of periods.

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• 3 Notwithstanding any other provision of this Article, 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 The competent authorities and institutions responsible for the application of this Agreement shall:

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  • (b) provide 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) 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 Contracting State which should, for the purposes of that legislation, have been presented within a prescribed period to a competent institution of that Contracting State, but which are presented within the same period to the competent institution of the other Contracting State, shall be treated as if they had been presented to the competent institution of the first Contracting State. The date of presentation of claims, notices and appeals to the competent institution of the other Contracting State shall be deemed to be the date of their presentation to the competent institution of the first Contracting State.

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The relevant authority of India 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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