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  1. Proclamation giving notice that the Agreement on Social Security between Canada and the Republic of Trinidad and Tobago is in force as of July 1, 1999 - SI/99-76
    Proclamation giving notice that the Agreement on Social Security between Canada and the Republic of Trinidad and Tobago is in force as of July 1, 1999

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    hereinafter referred to as “the Parties”,

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    HAVE AGREED AS FOLLOWS:

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    • 1 For the purposes of this Agreement:

      benefit

      benefit means, as regards a Party, any cash benefit, pension or allowance for which provision is made in the legislation of that Party and includes any supplements or increases applicable to such a cash benefit, pension or allowance; however, for the purposes of Articles VIII, IX and X, benefit does not include a grant payable under the legislation of Trinidad and Tobago; (prestation)

      competent authority

      competent authority means, as regards Canada, the Minister or Ministers responsible for the application of the legislation of Canada; and, as regards Trinidad and Tobago, the Minister through whom general directions of the Government are given to the Board as provided in the legislation of Trinidad and Tobago; (autorité compétente)

      competent institution

      competent institution means, as regards Canada, the competent authority; and, as regards Trinidad and Tobago, the Board of Management established under the National Insurance Act (Chapter 32:01); (institution compétente)

      creditable period

      creditable period means, as regards a Party, a period of contributions, whether paid or credited, or a period of 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; (période admissible)

      government employment

      government employment means, as regards Trinidad and Tobago, employment in the service of the Government of Trinidad and Tobago including local government authorities and the Tobago House of Assembly, or in the service of any Statutory Boards, State Corporations or Companies registered under the Companies’ Act of Trinidad and Tobago being companies in which the Government of Trinidad and Tobago or an agency of the Government of Trinidad and Tobago holds not less than fifty-one percent (51%) of the voting shares; and, as regards Canada, service in the employment of the Government of Canada, a province of Canada or a Canadian municipality; (emploi de l’État)

      legislation

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

      territory

      territory means, as regards Canada, the territory of Canada; and, as regards Trinidad and Tobago, the territory of Trinidad and Tobago. (territoire)

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    • 1 This Agreement shall apply to the following legislation:

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      • (b) with respect to Trinidad and Tobago:

        the National Insurance Act (Chapter 32:01) and the regulations made thereunder, as they relate to:

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    Any person described in Article III who is or has been subject to the legislation of a Party 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 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. In the case of an assignment, this coverage may not be maintained for more than 60 months without the prior consent of the competent authorities of both Parties.

    • 3
      • (a) Paragraph 2 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.

    • 4 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 ship shall, in respect of that employment, be subject only to the legislation of Canada if he or she ordinarily resides in the territory of Canada and only to the legislation of Trinidad and Tobago in any other case.

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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 the territory of Trinidad and Tobago, 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 Trinidad and Tobago by reason of employment or self-employment;

      • (b) if a person is subject to the legislation of Trinidad and Tobago 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 self-employment; and

      • (c) if a person who is ordinarily resident in the territory of Trinidad and Tobago is present and employed in the territory of Canada and, in respect of that employment, is subject to the Canada Pension Plan or to the comprehensive pension plan of a province of Canada, the period of presence and employment in Canada shall, only for purposes of this Agreement, be considered as a period of residence in Canada.

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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, a creditable period under the legislation of Trinidad and Tobago 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, a calendar year including at least 13 weeks which are creditable under the legislation of Trinidad and Tobago shall be considered as a year for which contributions have been made under the Canada Pension Plan.

    • 3 For purposes of determining entitlement to the payment of a retirement benefit under the legislation of Trinidad and Tobago:

      • (i) when the calendar year 1972 is a creditable period under the Canada Pension Plan, it shall be considered as 40 weeks for which contributions have been paid under the legislation of Trinidad and Tobago;

      • (ii) a year commencing on or after January 1, 1973 which is a creditable period under the Canada Pension Plan shall be considered as 52 weeks for which contributions have been paid under the legislation of Trinidad and Tobago;

      • (iii) a week commencing on or after April 10, 1972 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 week for which contributions have been paid under the legislation of Trinidad and Tobago.

    • 4 For the purposes of determining entitlement to the payment of a survivors’ benefit under the legislation of Trinidad and Tobago:

      • (i) when the calendar year 1972 is a creditable period under the Canada Pension Plan, it shall be considered as 40 weeks for which contributions have been paid under the legislation of Trinidad and Tobago;

      • (ii) a year commencing on or after January 1, 1973 which is a creditable period under the Canada Pension Plan shall be considered as 52 weeks for which contributions have been paid under the legislation of Trinidad and Tobago.

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    If a person is not entitled to the payment of a benefit on the basis of the creditable periods under the legislation of the Parties, totalized as provided in Article VIII, the entitlement of that person to the payment of that benefit shall be determined by totalizing these periods and creditable periods 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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    • 3 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 entitlement to a pension outside Canada; and

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

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      • (b) shall lend their good offices and furnish assistance to one another with regard to the determination of entitlement to, or payment of, any benefit under this Agreement, or the legislation to which this Agreement 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 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 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 authority or institution of the first Party.

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    • 3 Unless the Parties mutually determine otherwise, the Commission shall consist of 3 arbitrators of whom each Party shall appoint one and the two arbitrators so appointed shall appoint a third who shall act as President; provided that, in default of agreement, the President of the International Court of Justice shall be requested to appoint the President.

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    The relevant authority of Trinidad and Tobago 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 Republic of Trinidad and Tobago is in force as of July 1, 1999 - SI/99-76
    Proclamation giving notice that the Agreement on Social Security between Canada and the Republic of Trinidad and Tobago is in force as of July 1, 1999

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    And whereas, by Order in Council P.C. 1999-778 of April 29, 1999, the Governor in Council directed that a Proclamation do issue giving notice that the Agreement on Social Security between Canada and the Republic of Trinidad and Tobago is in force as of July 1, 1999;

    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 Republic of Trinidad and Tobago, signed on April 9, 1997, a copy of which is annexed hereto, is in force as of July 1, 1999.

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