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HAVE AGREEDas follows:

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• 1 For the purposes of this Agreement:

  • (a) The term territory of a Contracting State means:

    • (i) for France: the territory of the European and Overseas Departments of the French Republic, as well as the overseas territorial unit of Saint-Pierre and Miquelon, including the territorial sea and, beyond that, the areas within which, in accordance with international law, the French Republic has sovereign rights for the purposes of exploring and exploiting the natural resources of the seabed and its subsoil and the superjacent waters;

    • (ii) for 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.

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  • (f) The term insurance period means:

    • (i) for France: any period recognized as such by the legislation under which it was completed as well as any period recognized as equivalent to an insurance period;

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• 1 This Agreement shall apply to the following legislation:

  • (a) For France:

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    • (v) legislation concerning special social security plans, except as otherwise provided in this Agreement;

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• 1 Subject to the specific restrictive provisions of this Agreement, any person who is, or who has been, subject to the legislation of one Contracting State as specified in Article 4 and who goes to the other Contracting State, is subject to the obligations of the legislation of the other Contracting State and shall receive treatment equal to that of nationals of that Contracting State.

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• 2 Notwithstanding the coverage rules set out in Article 6 and in the legislation of the Contracting States:

  • (a) Persons who are working for a public or private international non-maritime transport enterprise of one Contracting State as crew members in the territory of the other Contracting State shall be subject only to the legislation of the Contracting State in which the enterprise has its headquarters.

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To establish eligibility for continued voluntary or optional coverage in accordance with the legislation of France, insurance periods completed under the Canada Pension Plan shall, to the extent necessary, be considered as insurance periods completed under the legislation of France.

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• 1 If the legislation of a Contracting State requires the completion of insurance periods in order to establish, maintain or re-establish eligibility under a plan that is not a special plan within the meaning of Article 12, the competent institution of that Contracting State shall, to the extent necessary, and provided that the insurance periods do not overlap, consider the insurance periods completed under the legislation of the other Contracting State:

  • (a) for Canada, under the conditions set out in paragraphs 2 and 3(a), as if those periods were completed under the applicable legislation;

  • (b) for France, under the conditions set out in paragraph 3(b), whether completed under a general or special plan, as if those periods were completed under the applicable legislation.

• 2 To determine eligibility for a benefit under Canada’s Old Age Security Act, any insurance period under the legislation of France or any period of residence in France beginning on or after 1 January 1966 and after the age at which periods of residence in Canada may be considered under that Act, shall be considered as a period of residence in Canada.

(a) To determine eligibility for a benefit under the Canada Pension Plan, any calendar year beginning on 1 January 1966 and including at least 78 days, 13 weeks, three months, or an insurance quarter under the legislation of France shall be considered as a year of contributions under the Canada Pension Plan.

• (b) To determine eligibility for a benefit under the legislation of France, a calendar year that is creditable under the Canada Pension Plan shall be considered as 312 days, 52 weeks, 12 months, or four insurance quarters under the legislation of France.

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• 1 With respect to France, insurance periods completed in a third State with which both Contracting States are bound by social security agreements that provide for the totalizing of insurance periods shall be taken into account to determine the amount of the old age or survivor’s benefit payable under this Agreement, insofar as they do not overlap with insurance periods completed in Canada. Only periods recognized for totalization under the agreement between France and the third State shall be taken into account.

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• 1 For the purposes 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 France, that period shall be considered as a period of residence in Canada for that person, as well as for that person’s spouse or common-law partner and dependants who reside with that person and who are not subject to the legislation of France by reason of employment or self-employment.

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• 3 Notwithstanding any other provision of this Agreement:

  • (a) The competent institution in Canada shall not be required to pay an Old Age Security benefit to a person who is outside Canada unless that person’s periods of insurance or residence, when totalized as provided in Chapter One of this Part, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for the payment of a benefit outside Canada.

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• 2 If a person does not meet the eligibility conditions set out under the legislation of France without the application of the totalization of insurance periods, or for the purpose of determining the most advantageous outcome in accordance with paragraph 1, the competent institution of France shall determine that person’s entitlement to the benefit as if all insurance periods completed in the other Contracting State and in one or more third States with which both Contracting States are bound by a social security agreement were completed exclusively under the legislation of France. The competent institution of France shall then reduce the amount of the benefit thus determined by a pro-rata amount based on the ratio of the length of the insurance periods completed under the applicable legislation before the date on which the contingency occurred to the total length of the insurance periods completed under the legislation of the Contracting States and one or more third States before the date on which the contingency occurred. The total length of the periods shall not exceed the maximum period that may be required under the applicable legislation for entitlement to a full benefit.

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• 1 If a person requests the determination of their eligibility solely under the legislation of France, without the determination of eligibility under the legislation of Canada, the amount of the benefit payable under the legislation of France shall be calculated in accordance with Article 18(1) or (2), as applicable.

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(a) For the application of this Agreement and the legislation specified in Article 2, the competent authorities and institutions shall lend their good offices as if the matter involved the application of their own legislation.

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(a) Unless an applicant expressly indicates that their claim does not concern the other Contracting State, a claim for a benefit under the legislation of one Contracting State presented after the entry into force of this Agreement shall be considered a corresponding request for a benefit under the legislation of the other Contracting State, provided that, at the time of application, the applicant:

• (i) requests that it be considered as such; or

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(a) At the request of a person or on the initiative of the competent institution of a Contracting State, entitlement to a benefit acquired prior to the entry into force of this Agreement may be reviewed taking into account the provisions of this Agreement. This review shall confer to these persons, from the date of entry into force of this Agreement, the same rights as though this Agreement had been in force when the benefits were paid.

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HAVE AGREEDas follows:

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The competent authorities shall designate the following as their liaison agencies, in accordance with Article 24(2) of the Agreement:

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• 1 In the cases referred to in Article 7(1)(a) and 7(2)(b) of the Agreement, the agencies identified below shall issue, at the employer’s request, a certificate of coverage indicating which legislation applies to a detached worker and the period for which that legislation applies.

  The certificate shall be issued:

  • (a) as regards France,

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    • (b) as regards Canada,

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• 2 The certificate of coverage issued in accordance with the preceding paragraph is kept by the employer receiving the detached salaried worker abroad. In this case, the certificate establishes that the worker is exempt from the legislation of the Contracting State where the temporary workplace is located. Employers established in Canada that employ salaried employees detached to France are required to certify that the worker has health care coverage as set out in Article 7(1)(c) of the Agreement. Dependants who accompany the worker are also required to have this coverage unless they are subject to the legislation of France as a result of a professional activity.

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For the application of Article 13 of the Agreement, the Contracting States shall provide one another with a list of social security agreements concluded with third States. This list, set out in Annex 1, is updated as new agreements with third States enter into force.

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• 1 This Implementing Agreement is valid for the same period as the Agreement, in accordance with Article 33(1) of the Agreement.

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