Proclamation Giving Notice that an Agreement Expressed in Letters Between the High Commissioner of the United Kingdom and the Minister of National Health and Welfare Dated November 10, 1977 is in Force Effective October 13, 1978 (SI/79-7)
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Proclamation Giving Notice that an Agreement Expressed in Letters Between the High Commissioner of the United Kingdom and the Minister of National Health and Welfare Dated November 10, 1977 is in Force Effective October 13, 1978
SI/79-7
Registration 1979-01-10
Proclamation Giving Notice that an Agreement Expressed in Letters Between the High Commissioner of the United Kingdom and the Minister of National Health and Welfare Dated November 10, 1977 is in Force Effective October 13, 1978
JULES LÉGER
[L.S.]
Canada
ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.
To All to Whom these Presents shall come or whom the same may in anyway concern,
Greeting:
A Proclamation
Whereas section 22.3 of the Old Age Security Act, being chapter O-6 of the Revised Statutes of Canada, 1970, as amended provides as follows:
“22.3 (1) The Governor in Council may, by order, declare any agreement entered into under section 22.2 to be in force and, when any such order comes into force, the agreement to which it relates has the force of law in Canada during such period as by the terms of the agreement it remains in force.
(2) Notice of the day an agreement entered into under section 22.2 comes into force and of the day it ceases to be in force shall be given by proclamation of the Governor in Council published, with the text of such agreement, in the Canada Gazette.”
And Whereas by Order in Council P.C. 1978-1684 of 18th May, 1978Footnote 1, His Excellency the Governor General in Council, on the recommendation of the Minister of National Health and Welfare, pursuant to sections 22.2 and 22.3 of the said Act
Return to footnote 1Not published in Canada Gazette Part II
- (a)approved the agreement expressed in letters exchanged between the High Commissioner of the United Kingdom and the Minister of National Health and Welfare on November 10, 1977, and set out in the schedule thereto; and
- (b)declared the said agreement to be in force;
And Whereas subsections 22.4(1) and (2) of the said Act provide as follows:
“22.4 (1) An order under section 22.3 shall be laid before Parliament not later than fifteen days after the issue or, if Parliament is not then sitting, within the first fifteen days next thereafter that Parliament is sitting.
(2) An order referred to in subsection (1) shall come into force on the thirtieth sitting day after it has been laid before Parliament pursuant to that subsection unless before the twentieth sitting day after the order has been laid before Parliament a motion for the consideration of either House, to the effect that the order be revoked, signed by not less than fifty members of the House of Commons in the case of a motion for the consideration of that House and by not less than twenty members of the Senate in the case of a motion for the consideration of the Senate, is filed with the Speaker of the appropriate House.”
And Whereas the said Order in Council was laid before Parliament on May 25, 1978 and the thirtieth sitting day thereafter was October 13, 1978.
And Whereas no motion for the consideration of either House was filed pursuant to subsection 22.4(2) of the said Act before the twentieth sitting day after the said Order in Council was laid before Parliament.
And Whereas by Order in Council P.C. 1978-3426 of 9th November, 1978Footnote 2, His Excellency the Governor General in Council, on the recommendation of the Minister of National Health and Welfare, pursuant to section 22.3 of the said Act, directed that a proclamation do issue giving notice that the said agreement is in force as of October 13, 1978.
Return to footnote 2Not published in Canada Gazette Part II
Now Know You that We, by and with the advice of Our Privy Council for Canada, do by this Our Proclamation declare and direct that the agreement expressed in the letters between the High Commissioner of the United Kingdom and the Minister of National Health and Welfare on November 10, 1977, a copy of which is attached hereto, which has been approved and declared to be in force by Order in Council P.C. 1978-1684 of 18th May, 1978Footnote 3 is in force effective upon, from and after the 13th day of October, 1978.
Return to footnote 3Not published in Canada Gazette Part II
Of All Which Our Loving Subjects and all others whom these Presents may concern are hereby required to take notice and to govern themselves accordingly.
In Testimony Whereof, We have caused these Our Letters to be made Patent and the Great Seal of Canada to be hereunto affixed. Witness: Our Right Trusty and Well-beloved Jules Léger, Chancellor and Principal Companion or Our Order of Canada, Chancellor and Commander of Our Order of Military Merit upon whom We have conferred Our Canadian Forces’ Decoration, Governor General and Commander-in-Chief of Canada.
At Our Government House, in Our City of Ottawa, this ninth day of November in the year of Our Lord one thousand nine hundred and seventy-eight and in the twenty-seventh year of our Reign.
OTTAWA, K1A 0K9
November 10, 1977
My Dear High Commissioner:
I have the honour to acknowledge receipt of your letter of 10 November 1977, which reads as follows:
“1 As you know, our officials have been considering whether the arrangements concerning social security agreed in the letters which passed between the Governments of the United Kingdom and Canada on 8 and 10 December 1959, as amended by the exchanges of letters of 7 and 30 November 1961 and 9 March 1973 require to be modified in view of the recent changes made in Canadian Social Security Legislation.
2 The Government of the United Kingdom now proposes that:
- (a)In respect of persons who have been awarded a retirement pension under the legislation of the United Kingdom commencing before 1 July 1977 by reliance in whole or in part on the provisions of paragraph 16 of Sir Saville Garner’s letter of 8 December 1959 (which, in certain circumstances, enable persons to be treated as having paid contributions under British legislation for weeks of residence in Canada), and who on or after 1 July 1977 are in receipt of an old age security pension under the legislation of Canada, the weekly rate of that retirement pension which, but for the provisions of this paragraph, would be payable shall, with effect from 15 November 1977 or the first day of payment of the old age security pension, whichever is later, be reduced by a sum equal to the weekly rate of that old age security pension payable in respect of the first week of payment as converted into the sterling equivalent at the rate of exchange obtaining on the first day of that week. Revision of the amount of reduction shall be on the first or only date in every year, beginning on or after 1 January 1978, on which the said retirement pension under the legislation of the United Kingdom is increased in accordance with an up-rating order, and the amount of reduction shall be a sum equal to the weekly rate of the said old age security pension payable in respect of the week in which that day falls as converted into the sterling equivalent at the rate of exchange obtaining on that day. The provisions of this sub-paragraph shall not however operate so as to reduce the aggregate of pensions payable to an amount less than the amount of retirement pension which would have been payable under the legislation of the United Kingdom but for those provisions.
- (b)In respect of persons who, on or after 1 July 1977, are or have been awarded a retirement pension under the legislation of the United Kingdom by virtue of the provisions of the said paragraph 16, and who on a day falling after 30 June 1977 either are in receipt of an old age security pension under the legislation of Canada or have lived in Canada for 20 or more years in aggregate since age 18, the provisions of the said paragraph 16 shall not apply with effect from that day or 15 November 1977, whichever is the later.
3 The Government of the United Kingdom proposes that the Government of Canada shall provide the Government of the United Kingdom with information as to claimants resident in the United Kingdom in receipt of benefits under the Old Age Security Act, and that the Government of the United Kingdom shall provide the Government of Canada with information as to claimants resident in Canada in receipt of retirement pension under the legislation of the United Kingdom.
4 The Government of the United Kingdom proposes that this modification of the arrangements to which I have referred shall enter into force on 15 November 1977 and shall thereafter be treated as if it were part of those arrangements.”
I have the honour to inform you that these proposals are acceptable to the Government of Canada and that they agree that your letter and this reply shall be treated from 15 November 1977 as part of the arrangements to which you referred.
10 November 1977
My dear Minister,
1 As you know, our officials have been considering whether the arrangements concerning social security agreed in the letters which passed between the Governments of the United Kingdom and Canada on 8 and 10 December 1959, as amended by the Exchanges of Letters of 7 and 30 November 1961 and 9 March 1973 require to be modified in view of the recent changes made in Canadian social security legislation.
2 The Government of the United Kingdom now proposes that:
(a) In respect of persons who have been awarded a retirement pension under the legislation of the United Kingdom commencing before 1 July 1977 by reliance in whole or in part on the provisions of paragraph 16 of Sir Saville Garner’s letter of 8 December 1959 (which, in certain circumstances, enable persons to be treated as having paid contributions under British legislation for weeks of residence in Canada), and who on or after 1 July 1977 are in receipt of an old age security pension under the legislation of Canada, the weekly rate of that retirement pension which, but for the provisions of this paragraph, would be payable shall, with effect from 15 November 1977 or the first day of payment of the old age security pension, whichever is later, be reduced by a sum equal to the weekly rate of that old age security pension payable in respect of the first week of payment as converted into the sterling equivalent at the rate of exchange obtaining on the first day of that week. Revision of the amount of reduction shall be on the first or only date in every year, beginning on or after 1 January 1978, on which the said retirement pension under the legislation of the United Kingdom is increased in accordance with an up-rating order, and the amount of reduction shall be a sum equal to the weekly rate of the said old age security payable in respect of the week in which that day falls as converted into the sterling equivalent at the rate of exchange obtaining on that day. The provisions of this sub-paragraph shall not however operate so as to reduce the aggregate of pensions payable to an amount less than the amount of retirement pension which would have been payable under the legislation of the United Kingdom but for those provisions.
(b) In respect of persons who, on or after 1 July 1977, are or have been awarded a retirement pension under the legislation of the United Kingdom by virtue of the provisions of the said paragraph 16, and who on a day falling after 30 June 1977 either are in receipt of an old age security pension under the legislation of Canada or have lived in Canada for 20 or more years in aggregate since age 18, the provisions of the said paragraph 16 shall not apply with effect from that day or 15 November 1977, whichever is the later.
3 The Government of the United Kingdom proposes that the Government of Canada shall provide the Government of the United Kingdom with information as to claimants resident in the United Kingdom in receipt of benefits under the old age security Act, and that the Government of the United Kingdom shall provide the Government of Canada with information as to claimants resident in Canada in receipt of retirement pension under the legislation of the United Kingdom.
4 The Government of the United Kingdom proposes that this modification of the arrangements to which I have referred shall enter into force on 15 November 1977 and shall thereafter be treated as if it were part of those arrangements.
- Date modified: