Proclamation Giving Notice that the Agreement on Social Security Between Canada and the Kingdom of the Netherlands will be in force on April 1, 2004 (SI/2004-34)

Protocol on Mutual Assistance Pursuant to the Agreement on Social Security Between the Government of Canada and the Government of the Kingdom of the Netherlands

THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE KINGDOM OF THE NETHERLANDS,

WITH THE PURPOSE of improving the administrative efficiency, cost effectiveness and integrity of their social security systems as they apply to benefits payable under the legislation specified in Article II of the Agreement on Social Security between the Government of Canada and the Government of the Kingdom of the Netherlands, signed at Brantford on June 27, 2001 (hereinafter referred to as “the Agreement”),

TAKING INTO ACCOUNT the provisions regarding mutual assistance found in Article XIX of the Agreement,

HAVE AGREED AS FOLLOWS:

ARTICLE 1Definitions

Terms used in this Protocol have the same meaning as in the Agreement.

ARTICLE 2Mutual Assistance

• 1 In accordance with the procedures to be outlined in one or more Administrative Understandings, the competent institutions and liaison agencies of the two Parties shall assist each other in administering the legislation specified in Article II of the Agreement.

• 2 In no case shall a competent institution or liaison agency of a Party be expected to:

  • (a) carry out administrative measures at variance with the statutes or the administrative practice of that Party;

  • (b) furnish information which is not obtainable under the legislation of that Party.

ARTICLE 3Management

• 1 The program of mutual assistance shall be under the general direction of a Management Committee, whose function shall be to undertake an ongoing review of policy and procedures relating to the program. The Committee shall consist of four members, of which the competent institution and liaison agency of each Party shall designate two.

• 2 The Management Committee shall:

  • (a) be responsible for the co-ordination, and any modification, of the program of mutual assistance to be set out later in one or more Administrative Understandings. The Committee shall review the various timeframes for the performance of functions set out in the Understandings in order to ensure that these standards are met to the extent possible or to modify the timeframes where appropriate;

  • (b) be responsible for exchanging statistics and other information regarding workloads and other administrative matters associated with the program of mutual assistance. The content and form of the statistics and information to be exchanged shall be agreed upon by the Management Committee;

  • (c) meet, as required, to review progress and establish program guidance and priorities.

ARTICLE 4Expenses

The competent institution and liaison agency of each Party shall furnish mutual assistance in accordance with Article II of this Protocol without charge. The Management Committee shall periodically review the expenses involved in furnishing assistance under this Protocol with a view toward balancing the costs incurred.

ARTICLE 5Interpretation and Application

Notwithstanding Article XXV of the Agreement, any disagreement regarding the interpretation or application of this Protocol or its Administrative Understandings shall be resolved by the Management Committee.

ARTICLE 6Duration and Termination of the Protocol

This Protocol shall remain in force for an indefinite period. Either Party may terminate it at any time by giving six months’ notice in writing to the other Party.

ARTICLE 7Entry into Force

This Protocol shall enter into force on the same date as the Agreement and shall form an integral part of the Agreement.

IN WITNESS WHEREOF, the undersigned, duly authorised thereto by their respective Governments, have signed this Protocol.

DONE in two copies at Brantford this 27^th day of June 2001, in the English, French and Dutch languages, each text being equally authentic.