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  1. Proclamation giving notice that the Agreement on Social Security between the Government of Canada and the Government of the Republic of Croatia is in Force as of May 1, 1999 - SI/99-49
    Proclamation giving notice that the Agreement on Social Security between the Government of Canada and the Government of the Republic of Croatia is in Force as of May 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; (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 Croatia, the Ministry of Labour and Social Welfare; (autorité compétente)

      competent institution

      competent institution means, as regards Canada, the competent authority; and, as regards Croatia, the institution responsible for the application of the legislation of Croatia specified in Article 2(1) of this Agreement; (institution compétente)

      creditable period

      creditable period means, as regards Canada, a period of contributions or residence used to acquire the right to a benefit under the legislation of Canada, and includes any period during which a disability pension is payable under the Canada Pension Plan; and, as regards Croatia, a period of insurance used to acquire the right to a benefit under the legislation of Croatia, and includes any period defined under that legislation as equivalent to a period of insurance or recognized as such; (période admissible)

      legislation

      legislation means, as regards a Party, the laws and regulations specified in Article 2(1) of this Agreement with respect to that Party. (législation)

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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 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 or related 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 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 Canada and only to the legislation of Croatia 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 Croatia, 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 Croatia by reason of employment or self-employment; and

      • (b) if a person is subject to the legislation of Croatia 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 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.

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      • (a) For purposes of determining eligibility for a benefit under the Old Age Security Act of Canada, a creditable period under the legislation of Croatia shall be considered as a period of residence in Canada.

      • (b) For purposes of determining eligibility for a benefit under the Canada Pension Plan, a calendar year including at least 13 weeks which are creditable periods under the legislation of Croatia shall be considered as a year which is creditable under the Canada Pension Plan.

    • 3 For purposes of determining eligibility for an old age pension under the legislation of Croatia:

      • (a) a calendar year which is a creditable period under the Canada Pension Plan shall be considered as 52 weeks which are creditable under the legislation of Croatia; and

      • (b) a week 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 which is creditable under the legislation of Croatia.

    • 4 For purposes of determining eligibility for a disability or survivor’s pension under the legislation of Croatia, a calendar year which is a creditable period under the Canada Pension Plan shall be considered as 52 weeks which are creditable under the legislation of Croatia.

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    • 1 If a person is not eligible for a benefit on the basis of the creditable periods under the legislation of the Parties, totalized as provided in Article 8 of this Agreement, the eligibility of that person for that benefit shall be determined by totalizing these periods and creditable periods completed under the legislation of a third State with which both Parties are bound by social security instruments which provide for the 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 of Part III of this Agreement, 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 If a person is eligible for a benefit solely through the application of the totalizing provisions of Chapter 1 of Part III of this Agreement, the competent institution of Croatia shall determine the amount of the benefit payable exclusively on the basis of Croatian creditable periods, when this is possible under the applicable Croatian legislation. If the amount of the benefit cannot be determined according to the previous sentence, it shall be determined in the following manner:

      • (a) The competent institution of Croatia shall determine whether the eligibility for a benefit exists, taking into account the total creditable periods as if they all were completed under the legislation of Croatia, and the amount of the benefit payable shall be determined as the ratio between the creditable periods under the legislation of Croatia and the total of all creditable periods.

      • (b) Notwithstanding the provision of sub-paragraph 1(a) of this Article, if the total length of all creditable periods, totalized according to the provisions of Chapter 1 of Part III of this Agreement, exceeds the maximum period specified under the legislation of Croatia for the calculation of a benefit, the amount of the benefit payable shall be determined as the ratio between the creditable periods under the legislation of Croatia and that maximum period.

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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 for the purposes 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; 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 eligibility for, or the amount 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. The date of presentation of the claim, notice or appeal to the authority or institution of the other Party shall be deemed to be the date of its presentation to the competent authority or institution of the first Party.

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    • 4 Unless the Parties mutually determine otherwise, the arbitral tribunal shall consist of three arbitrators, of whom each Party shall appoint one within two months from the date of receipt of the request for arbitration, and the two arbitrators so appointed shall appoint, within two months after the last notice of appointment, the third who shall act as president; provided that if either Party fails to appoint its arbitrator or if the two appointed arbitrators fail to agree about the third, the competent authority of the other Party shall invite the President of the International Court of Justice to appoint the arbitrator of the first Party or the two appointed arbitrators shall invite the President of the International Court of Justice to appoint the president of the arbitral tribunal.

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    The relevant authority of Croatia 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 the Government of Canada and the Government of the Republic of Croatia is in Force as of May 1, 1999 - SI/99-49
    Proclamation giving notice that the Agreement on Social Security between the Government of Canada and the Government of the Republic of Croatia is in Force as of May 1, 1999

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    And whereas, by Order in Council P.C. 1999-650 of April 15, 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 Croatia is in force as of May 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 Croatia, signed on April 22, 1998, a copy of which is annexed hereto, is in force as of May 1, 1999.

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