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CANADA AND THE REPUBLIC OF SERBIA, hereinafter referred to as “the Contracting Parties”,

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HAVE AGREEDas follows:

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• 1 For the purposes of this Agreement:

  • 1)  legislation means, as regards a Contracting Party, the laws and regulations specified in Article 2 of this Agreement;

  • 2)  competent authority means:

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      as regards Canada, the Minister or Ministers responsible for the application of the legislation of Canada specified in Article 2 of this Agreement; and
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      as regards the Republic of Serbia, the Ministries responsible for the legislation of the Republic of Serbia specified in Article 2 of this Agreement;

  • 3)  competent institution means:

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      as regards Canada, the competent authority; and
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      as regards the Republic of Serbia, the organization or institution responsible for the implementation of the legislation of the Republic of Serbia specified in Article 2 of this Agreement;

  • 4)  creditable period means:

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      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
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      as regards the Republic of Serbia, a period of insurance used to acquire the right to a benefit under the legislation of the Republic of Serbia, and including any period defined under that legislation as equivalent to, or recognized as, a period of insurance;

  • 5)  benefit means, as regards a Contracting Party, any cash benefit which is provided for in the legislation of that Contracting Party and includes any supplements or increases applicable to that cash benefit.

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Any person who is or who has been subject to the legislation of a Contracting Party, and persons who derive rights from that person, shall be subject to the obligations of the legislation of the other Contracting Party and shall be eligible for the benefits of that legislation under the same conditions as citizens of the other Contracting Party.

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• 2 With respect to Canada:

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  • 2) 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 Part III of 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 an employer, having a place of business in the territory of one Contracting Party, sends an employee who is subject to the legislation of that Contracting Party to work in the territory of the other Contracting Party, that employee shall, in respect of that work, be subject only to the legislation of the first Contracting Party, as though that work was performed in its territory. This provision may be maintained for a period of up to 36 months and can be extended for an additional period of 24 months with the consent of the competent authorities of both Contracting Parties.

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A person who is subject to the legislation of both Contracting 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 that person resides in the territory of Canada and only to the legislation of the Republic of Serbia in any other case.

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• 1 A person employed by the government, in the civil service or as an official representative who is sent by one Contracting Party to work in the territory of the other Contracting Party, shall, in respect of that work, be subject to the legislation of the first Contracting Party.

• 2 Diplomatic and consular staff, as well their private servants, who are sent by one Contracting Party to work in the territory of the other Contracting Party, shall, in respect of that work, be subject to the legislation of the first Contracting Party.

• 3 Except as provided in paragraphs 1 and 2 of this Article, a person who resides in the territory of one Contracting Party and who is employed in that territory by the government, in the civil service or diplomatic mission of the other Contracting Party, shall, in respect of that work, be subject only to the legislation of the first Contracting Party. That person’s employer shall respect the provisions of the legislation of the first Contracting Party applicable to employers.

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• 1 For the purpose of calculating benefits under the Old Age Security Act:

  • 1) 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 the Republic of Serbia, that period shall be considered as a period of residence in Canada for that person; that period shall also 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 legislation of the Republic of Serbia by reason of employment or self-employment;

  • 2) if a person is subject to the legislation of the Republic of Serbia 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 selfemployment.

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• 2. 1) For the purposes of determining eligibility for a benefit under the Old Age Security Act of Canada, a creditable period under the legislation of the Republic of Serbia shall be considered as a period of residence in Canada;

  • 2) For the purposes of determining eligibility for a benefit under the Canada Pension Plan, a calendar year including at least 3 months which are creditable periods under the legislation of the Republic of Serbia shall be considered as a year which is creditable under the Canada Pension Plan.

• 3 For the purposes of determining eligibility for an old age pension under the legislation of the Republic of Serbia:

  • 1) 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 the Republic of Serbia;

  • 2) 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 the Republic of Serbia.

• 4 For the purposes of determining eligibility for a disability or survivor’s pension under the legislation of the Republic of Serbia, 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 the Republic of Serbia.

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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 Parties, totalized as provided in Article 12 of this Agreement, the eligibility of that person for that benefit shall be determined by totalizing these periods and periods completed under the system of a third State with which both Contracting Parties are bound by social security treaties which provide for the totalizing of periods.

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

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  • 2) shall 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;

  • 3) 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 Contracting Party which should have been presented within a prescribed period to a competent authority or institution of that Contracting Party, but which are presented within the same period to an authority or institution of the other Contracting Party, shall be treated as if they had been presented to the competent authority or institution of the first Contracting Party. The date of presentation of claims, notices and appeals to the authority or institution of the other Contracting Party shall be deemed to be the date of their presentation to the competent authority or institution of the first Contracting Party.

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The relevant authority of the Republic of Serbia 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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