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hereinafter referred to as “the Parties”,

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AGREEING on the principle of equal treatment of persons who are or have been subject to the legislation of either States as regards the application of the Social Security legislation of each State,

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FOR THIS PURPOSE, HAVE AGREED AS FOLLOWS:

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  competent authority

  competent authority  means, as regards Canada, the Minister or Ministers responsible for the application of the legislation of Canada; and, as regards the Kingdom of Morocco, the Minister responsible for the application of the Moroccan legislation;

  competent institution

  competent institution  means, as regards Canada, the competent authority; and, as regards the Kingdom of Morocco, the National Social Security Fund (Caisse Nationale de Sécurité Sociale) as the managing body of the General Social Security Scheme and as the representative of the other competent institutions of Morocco;

  legislation

  legislation  means, as regards a Party, the laws and regulations specified in Article 2 (1) with respect to that Party;

  insurance period

  insurance period  means, as regards a Party, a period of contributions, employment, 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; and, as regards the Kingdom of Morocco, equivalent or assimilated periods;

  benefit

  benefit  means, as regards a Party, any cash benefit, pension or allowance for which provision is made in the legislation of either Party and includes any supplements or increases applicable to such a cash benefit, pension or allowance;

  residence

  residence  means, as regards Canada, residence as defined by the legislation of Canada; and, as regards the Kingdom of Morocco, ordinary residence as in the legal meaning of the term.

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    • (i) 

      the legislation relating to the Social Security Scheme as modified or completed, limited to long term benefits and to the death allowance payable to the survivors of an insured person or of a beneficiary of an old age pension, or a disability pension or benefit,

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    • (iii) 

      the legislation, regulation or statutory provisions agreed upon by the public authority relating to special social security schemes in so far as they provide coverage of salaried workers or those considered as such, and related to current risks and benefits as provided for by the legislation of social security schemes.

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This Convention shall apply to:

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• (b) 

  for the Kingdom of Morocco, any salaried person or a person considered as such who is or who has been subject to the legislation of Morocco and to the beneficiaries of such a person.

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For the application of the legislation of a Party, any person described in Article 3 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 or nationals of the latter Party.

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• 2 

  An employed person who is subject to the legislation of a Party and who performs services in the territory of the other Party for the same employer shall, in respect of those services, be subject only to the legislation of the first Party as though those services were performed in its territory and for a period not exceeding thirty-six months.

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• 3 

  A person who, but for this Convention, would be subject to the legislation of both Parties in respect of employment as a member of the crew of a ship or an aircraft shall, in respect of that employment, be subject only to the legislation of Canada if he or she ordinarily resides in Canada and only to the legislation of the Kingdom of Morocco if he or she ordinarily resides in the Kingdom of Morocco.

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  • (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 the Kingdom of Morocco, that period shall be considered as a period of residence in Canada for that person as well as for that person’s spouse and dependants who reside with him or her and who are not subject to the legislation of the Kingdom of Morocco by reason of employment or self-employment; and
  • (b) 

    if a person is subject to the legislation of the Kingdom of Morocco during any period of presence or residence in the territory of Canada, that period shall not be considered as a period of residence in Canada for that person and for that person’s spouse 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 (a) 

  For purposes of determining entitlement to the payment of a benefit under the Old Age Security Act of Canada, any insurance period under the legislation of the Kingdom of Morocco shall be considered as a period of residence in the territory of Canada.
  • (b) 

    For purposes of determining entitlement to the payment of a benefit under the Canada Pension Plan, any calendar year including at least three months or seventyeight days of insurance under the legislation of the Kingdom of Morocco shall be considered as a year in which contributions were paid under the Canada Pension Plan.

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  • (a) 

    a calendar year which is a period of insurance under the Canada Pension Plan shall be considered as three hundred and twelve days of contributions under the legislation of the Kingdom of Morocco;
  • (b) 

    a day which is a period of insurance under the Old Age Security Act of Canada and which is not part of a period of insurance under the Canada Pension Plan shall be considered as a day of contributions under the legislation of the Kingdom of Morocco.

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If a person is not entitled to the payment of a benefit on the basis of the periods of insurance under the legislation of the Parties, totalized as provided in Article 8, the entitlement of that person to the payment of that benefit shall be determined by totalizing these periods and periods of insurance under the legislation of a third State with which both Parties are bound by social security instruments which provide for totalizing of periods of insurance.

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  • (a) 

    an Old Age Security pension shall not be paid to a person who is outside Canada unless 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 entitlement to the payment of a pension outside Canada; and

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Benefits to which an insured person who has been subject to the legislation of both Parties is entitled under the legislation of the Kingdom of Morocco, shall be calculated as follows:

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  • (b) 

    shall lend their good offices and furnish assistance to one another with regard to the determination of entitlement to and payment of any benefit under this Convention, or the legislation to which this Convention applies, as if the matter involved the application of their own legislation; and
  • (c) 

    shall communicate to each other, as soon as possible, all information about the measures taken by them for the application of this Convention or about changes in their respective legislation in so far as these changes affect the application of this Convention.

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• 1 

  Any claim, notice or appeal concerning the determination or payment 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 is presented within the same period to an authority or institution of the other Party, shall be treated as if it had been presented to the competent institution of the first Party.

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The relevant competent authorities of the Kingdom of Morocco 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 Convention.

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