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  1. Proclamation giving notice that the Agreement on Social Security between Canada and the Eastern Republic of Uruguay is in force as of January 1, 2002 - SI/2002-1
    Proclamation giving notice that the Agreement on Social Security between Canada and the Eastern Republic of Uruguay is in force as of January 1, 2002

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    HAVE AGREED AS FOLLOWS:

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    • 1 For the purpose of this Agreement, the expressions and terms given below shall have the following meaning:

      Competent authority

      Competent authority means, as regards Canada, the Minister or Ministers responsible for the application of the legislation of Canada; and, as regards Uruguay, the Ministry of Labour and Social Security (Ministerio de Trabajo y Seguridad Social) or the delegated institution.

      Competent organization

      Competent organization means, as regards Canada, the competent authority; and, as regards Uruguay, the institution or agency responsible for applying the legislation specified in Article 2.

      Creditable period

      Creditable period means, as regards Canada, any period of contributions or residence used to acquire the right to a benefit under the legislation of Canada, and includes a period during which a disability pension is payable under the Canada Pension Plan; and, as regards Uruguay, any reckonable period recognized as such under its legislation, and includes any period deemed as equivalent to a period of insurance.

      Worker

      Worker means, as regard Uruguay, any person who, as a consequence of being or having been employed or self-employed, is or has been subject to the legislation of Uruguay specified in Article 2.

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    • 1 This Agreement shall apply to the following legislation:

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      • (b) with respect to Uruguay:

        the legislation regarding contributory social security benefits, in so far as it pertains to retirement and pension schemes based on the principles of pay-as-you-go (reparto) and individual funding (capitalizacion individual)

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    This Agreement shall apply to all persons who are or who have been subject to the legislation of one or both Contracting Parties, as well as to those who derive rights from such persons.

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    Unless otherwise provided in this Agreement, the pensions and other cash benefits payable under the legislation of a Contracting Party, as specified in Article 2, including benefits acquired by virtue of this Agreement, shall not be subject to any reduction, modification, suspension, cancellation or confiscation by reason of the fact that the beneficiary is present or resides in the territory of the other Contracting Party.

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    • 1 The following special rules and exceptions shall apply with respect to Article 6:

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      • (b) An employee working as a member of the crew of a ship who, but for this Agreement, would be subject to the legislation of both Contracting Parties in respect of that employment shall, in respect thereof, be subject only to the legislation of Canada if he or she resides and is hired in Canada, and only to the legislation of Uruguay if he or she resides and is hired in Uruguay. When the circumstances of the previous sentence do not apply, the employee shall be subject only to the legislation of Uruguay if the ship flies the flag of Uruguay.

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      • (f) Except as provided in sub-paragraphs (d) and (e), an employee who resides in the territory of a Contracting Party and who is engaged therein in government employment for the other Contracting Party shall, in respect of that employment, be subject only to the legislation of the first Contracting Party. However, if that employee has, prior to the start of that employment, made contributions under the legislation of the employing Contracting Party, he or she may, within six months of the start of that employment or of the entry into force of this Agreement, whichever is later, elect to be subject only to the legislation of the latter Contracting Party.

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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 Uruguay, that period shall be considered as a period of residence in Canada for that person as well as for that persons’s spouse and dependents who live with him or her and who are not subject to the legislation of Uruguay by reason of employment;

      • (b) if a person is subject to the legislation of Uruguay 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 and for that person’s spouse and dependents who live 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 self-employment.

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    • 1 When the legislation of a Contracting Party makes the acquisition, retention or recovery of the right to a benefit subject to the completion of prescribed creditable periods and a person has not completed sufficient creditable periods under that legislation to fulfill those conditions, the competent organization of that Contracting Party shall determine the eligibility of that person for that benefit by totalizing those creditable periods and creditable periods under the legislation of the other Contracting Party, as specified in this Part, provided that those periods do not overlap.

    • 2 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 paragraph 1, the eligibility of that person for that benefit shall be determined by totalizing those periods and creditable periods under the legislation of a third State with which both Contracting Parties are bound by social security arrangements or agreements which provide for the totalizing of periods.

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    • 1 For purposes of determining eligibility for a benefit under the Old Age Security Act through the application of the totalizing provisions of Chapter 1, a creditable period under the legislation of Uruguay shall be considered as a period of residence in Canada.

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    • 4 Notwithstanding any other provision of this Agreement:

      • (a) 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; and

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    • 1 For purposes of determining eligibility for a benefit under the Canada Pension Plan through the application of the totalizing provisions of Chapter 1, a calendar year including at least 3 months or 13 weeks of contributions under the legislation of Uruguay shall be considered as a year of contributions under the Canada Pension Plan.

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    • 2 In the same way, the competent organization of Uruguay shall determine eligibility for a benefit by totalizing its own creditable periods and the creditable periods completed under the legislation of Canada. When totalizing results in eligibility for a benefit, the amount payable shall be calculated in accordance with the following rules.

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      • (b) The competent organization shall determine the amount of benefit payable by applying to the theoretical pension, calculated according to its legislation, the same proportion as that between the creditable period completed under the legislation of Uruguay and the total creditable periods completed under the legislation of both Contracting Parties (pro-rata pension).

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    The same principle shall apply for the granting of survivors pensions for which, if necessary, account is taken of the deceased person’s status under the legislation of Canada as a beneficiary or pensioner.

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    • 1 If the legislation makes eligibility for, or the granting of, certain benefits subject to the completion of creditable periods in a profession subject to a special or enhance scheme, or in a particular type of profession or employment, creditable periods completed under the legislation of Canada shall be taken into account for the granting of those benefits only if they were completed in the same type of profession or, as the case may be, in an occupation with similar characteristics.

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    • 2 If a person has completed creditable periods under the legislation of both Contracting Parties, eligibility for a death benefit in respect of that person shall be determined according to the following rules:

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      • (b) If the conditions of sub-paragraph (a) do not apply, the competent organizations of both Contracting Parties shall determine eligibility for death benefits under their respective legislation, applying, if required, the totalizing provisions of Chapter 1. If, as a result, eligibility is established only under the legislation of one Contracting Party, the competent organization of that Contracting Party shall pay a death benefit.

      However, if, as a result of applying the first sentence of this sub-paragraph, eligibility is established under the legislation of both Contracting Parties, only the competent organization of the Contracting Party under whose legislation the person concerned last paid contributions shall pay a death benefit in respect of that person, and the competent organization of the other Contracting Party shall not pay a death benefit

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    Benefits payable as a result of applying the provisions of this Part shall be adjusted with the same frequency and in the same amount as benefits payable under domestic legislation. However, as regards benefits whose amounts have been determined under the pro-rata formula given in Article 14, the amount of the adjustment may be determined by applying the same rule of proportionality which was applied to determine the amount of the benefit.

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    • 2 For the application of the preceding paragraph, the competent organization of a Contracting Party shall provide, upon request and free of charge, to the competent organization of the other Contracting Party such medical findings and documents concerning the disability of the person concerned as are in its possession.

    • 3 If the competent organization of a Contracting Party deems it necessary that medical examinations be performed in regard to a person who is in the territory of the other Contracting Party, and if this examination is exclusively for its own account, the competent organization of the latter Contracting Party, at the request of the competent organization of the first Contracting Party, shall make arrangements for carrying out the examination. The cost incurred for such examinations shall be borne by the competent organization of the Contracting Party making the request. On receipt of a detailed statement of the costs incurred, the competent organization of the first Contracting Party shall, without delay, reimburse the competent organization of the other Contracting Party for the amounts due as a result of applying the preceding sentences of this paragraph.

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    • 2 The competent organizations of the Contracting Parties shall:

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      • (c) lend their good offices and furnish the fullest technical and administrative assistance possible 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;

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    The Eastern Republic of Uruguay 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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  2. Proclamation giving notice that the Agreement on Social Security between Canada and the Eastern Republic of Uruguay is in force as of January 1, 2002 - SI/2002-1
    Proclamation giving notice that the Agreement on Social Security between Canada and the Eastern Republic of Uruguay is in force as of January 1, 2002

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    And whereas, by Order in Council P.C. 2001-2208 of November 29, 2001, the Governor in Council directed that a Proclamation do issue giving notice that the Agreement on Social Security between Canada and the Eastern Republic of Uruguay will be in force as of January 1, 2002;

    Now Know You that We, by and with the advice of Our Privy Council for Canada, do by this Our Proclamation give notice that the Agreement on Social Security between Canada and the Eastern Republic of Uruguay, signed on June 2, 1999, a copy of which is annexed hereto, is in force as of January 1, 2002.

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