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Being resolved to co-operate in the field of social security, in particular as regards liability for contributions,
Have agreed as follows:
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(1) For the purpose of this Convention, the following definitions apply:-
benefits for industrial accidents and industrial diseases means, in relation to the United Kingdom, a pension or benefit payable to a person for loss of physical or mental faculty as a result of an industrial accident or an industrial disease arising out of, and in the course of, employed earner’s employment;
competent authority means:-
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(ii) in relation to the United Kingdom, the Department of Social Security for Great Britain, the Department of Health and Social Services for Northern Ireland and the Department of Health and Social Security of the Isle of Man, as the case may require;
employed person means:-
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(i) in relation to Canada, an employee, as defined in the Canada Pension Plan, and
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(ii) in relation to the United Kingdom, a person who is, or who is treated as being, an employed earner or an employed person under the legislation of the United Kingdom,
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employment means employment as an employed person, and the words “employ”, “employed” or “employer” shall be construed accordingly;
Government Service means:-
insured means:-
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(i) in relation to Canada, that contributions have been paid, or are payable, by the person concerned under the Canada Pension Plan or, as the case may require, the comprehensive pension plan of a province of Canada, and
legislation means, in relation to a Party, such of the legislation specified in Article 2 as applies in that Party;
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self-employed person means:-
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(i) in relation to Canada, a person with self-employed earnings, as defined in the Canada Pension Plan, and
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(ii) in relation to the United Kingdom, a person who comes within the definition of a self-employed earner or of a self-employed person under the legislation of the United Kingdom, or is treated as such,
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A 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 nationals or citizens, as the case may be, of the latter Party.
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(1) Subject to paragraphs (2) to (4) and Articles 5 to 7, where a person is employed, liability for contributions for him or her shall, in respect of that employment, be determined only under the legislation of the Party in whose territory he or she is so employed. Where a person is subject only to the legislation of the United Kingdom in accordance with this paragraph, that legislation shall apply to him or her as if he or she were ordinarily resident in the territory of the United Kingdom.
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(2) Where a person is ordinarily resident in the territory of one Party and is self-employed in the territory of the other Party, or in the territory of both Parties, liability for contributions for him or her shall, in respect of that self-employment, be determined only under the legislation of the Party in whose territory he or she ordinarily resides. Where a person is subject only to the legislation of the United Kingdom in accordance with this paragraph, that legislation shall apply to him or her as if he or she were self-employed earner in the territory of the United Kingdom but without imposing any liability in respect of profits or gains immediately derived from such employment in Canada.
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Subject to Articles 6 and 7, where a person compulsorily insured under the legislation of one Party, and employed by an employer with a place of business in the territory of that Party, is sent by that employer, either from the territory of that Party, or from a third country not party to this Convention, to work in the territory of the other Party, the legislation of the former Party concerning liability for contributions shall, in respect of that employment, continue to apply to him or her as if he or she were employed in the territory of that Party, provided that the employment in the territory of the other Party is not expected to last for more than five years, and the legislation of the latter Party shall not apply to him or her.
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(2) Subject to paragraph (1), where any person who is in the Government Service of one Party is employed in the territory of the other Party, the legislation of the former Party concerning liability for contributions shall apply to him or her as if he or she were employed in its territory.
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(3) Subject to paragraphs (1) and (2), where a person is employed in a diplomatic mission or consular post of one Party in the territory of the other Party, or in the private service of an official of such a mission or post, the legislation of the latter Party concerning liability for contributions shall apply to him or her as if he or she were employed in its territory, unless within three months of the entry into force of this Convention, or within three months of the beginning of the employment in the territory of the latter Party, whichever is later, he or she chooses to be insured under the legislation of the former Party, provided that he or she had been so insured at any time before the commencement of the employment at that mission or post. Where, under this paragraph, a person has the right to choose to be insured under the legislation of the United Kingdom but does not choose to do so, he or she shall not be liable, nor entitled, to pay contributions under that legislation.
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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 insured under the Canada Pension Plan, or under the comprehensive pension plan of a province of Canada, during any period of residence in the territory of the United Kingdom, 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 compulsorily insured under the legislation of the United Kingdom; and
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(b) if a person is insured under the legislation of the United Kingdom 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 who are not insured under the Canada Pension Plan or the comprehensive pension plan of a province of Canada.
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Where a person is employed in Canada and the legislation of the United Kingdom applies to him or her in accordance with any of the provisions of Articles 5 to 7, he or she shall be treated under that legislation for the purposes of any claim to benefit in respect of an industrial accident occurring or an industrial disease contracted during that employment, as if the accident had occurred, or the disease had been contracted, in the United Kingdom. Any benefit which would be payable in respect of that claim if the person were in the United Kingdom shall be payable from the date of his or her return to the United Kingdom.
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Any claim or appeal which should, for the purposes of Article 9, have been submitted within a prescribed period to the competent authority of the United Kingdom, shall be treated as if it had been submitted to that competent authority if it is submitted within the same period to the competent authority of Canada.
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(2) If any disagreement cannot be resolved as in paragraph (1) it shall be submitted, at the request of the competent authority of either Party, to an arbitration tribunal which shall be constituted in the following manner:-
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(a) each Party shall appoint an arbitrator within one month from receipt of the demand for arbitration. The two arbitrators shall appoint a third arbitrator, who shall not be a national or citizen, as the case may be, of either Party, within two months from the date on which the Party which was the last to appoint its arbitrator has notified the other Party of the appointment;
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(b) if within the prescribed period either Party should fail to appoint an arbitrator, the other Party may request the President of the International Court of Justice or, in the event of his or her having the nationality or citizenship, as the case may be, of one of the Parties, the Vice-President or next senior judge of that Court not having the nationality or citizenship, as the case may be, of either Party, to make the appointment. A similar procedure shall be adopted at the request of either Party if the two arbitrators cannot agree on the appointment of the third arbitrator.
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The Government of the United Kingdom of Great Britain and Northern Ireland 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 Convention.
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(2) Where a person becomes subject to the legislation of Canada in accordance with paragraph (1), he or she shall, notwithstanding Article 4(4), be entitled to pay voluntary contributions under the legislation of the United Kingdom as long as he or she had been insured under that legislation immediately preceding the date of entry into force of this Convention.
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