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Have agreed as follows:
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Any person who is or who has been subject to the legislation of a Party, and the dependants and survivors of such a person, shall be eligible for benefits under the legislation of the other Party and subject to the obligations of that legislation under the same conditions as citizens of the latter Party.
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1 Article 7 shall apply to a person who is sent to work on an installation situated in the continental shelf area of a Party in connection with the exploration of the seabed and sub-soil of that area or the exploitation of its mineral resources, as though that installation were situated in the territory of that Party.
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1 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 seagoing ship shall, in respect of that employment, be subject only to the legislation of Italy if the ship is flying the Italian flag and only to the legislation of Canada in any other case.
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For the purpose of calculating the amount of benefits under the Old Age Security Act,
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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 residence in Italy, that period shall 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 are not subject to the legislation of Italy by reason of employment;
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(b) if a person is subject to the legislation of Italy during any period of 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 are not subject to the Canada Pension Plan or to the comprehensive pension plan of a province of Canada by reason of employment.
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(a) For purposes of determining entitlement to a benefit under the Old Age Security Act of Canada, a creditable period under the legislation of Italy or a period of residence in Italy, after the age at which periods of residence in Canada are creditable for purposes of that Act, shall be considered as a period of residence in Canada.
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If a person is not entitled to a benefit on the basis of the periods creditable under the legislation of the Parties, totalized as provided in Article 13, entitlement to that benefit shall be determined by totalizing these periods and periods creditable under the legislation of a third State with which both Parties are bound by separate social security instruments which provide for totalizing of periods.
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2 If a person is entitled to the payment of a pension in Canada without recourse to the provisions of this Agreement, but has not resided in Canada for the minimum period required by the Old Age Security Act for entitlement to payment of a pension outside Canada, the pension payable in Canada shall be paid outside Canada if the creditable periods, when totalized as provided in Chapter I of this Part III, 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.
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3 Notwithstanding any other provision of this Agreement,
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(a) the competent institution of Canada shall not be liable to pay an Old Age Security pension to a person who is outside Canada unless that person’s creditable periods, when totalized as provided in Chapter I of this Part III, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for entitlement to payment of a pension outside Canada; and
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1 If a person meets the requirements of the legislation of Italy for entitlement to benefits without recourse to the totalizing provisions of Chapter I of this Part III, the competent institution of Italy shall pay the amount of the benefit calculated solely on the basis of the creditable periods under the legislation which it is applying; the preceding shall apply even if the person is entitled, under the legislation of Canada, to a benefit on the basis of the totalizing of periods, as provided in Chapter I of this Part III.
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2 If a person is not entitled to a benefit under the legislation of Italy solely on the basis of the creditable periods under that legislation, the competent institution of Italy shall determine whether entitlement to that benefit can be established through the application of the totalizing provisions of Chapter I of this Part III. The amount of the benefit shall be calculated as follows:
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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 institution of that Party, but which is presented within the same period to a competent 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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3 In any case to which paragraph 1 or 2 applies, the institution to which the claim, notice or appeal has been submitted shall transmit it as soon as possible to the competent institution of the other Party.
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The relevant authority of Italy and 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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