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Proclamation Giving Notice that the Administrative Understanding on Mutual Assistance Shall be Effective Upon the Entering Into Force of the Second Supplementary Agreement Between Canada and the United States of America (SI/98-51)

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Proclamation Giving Notice that the Administrative Understanding on Mutual Assistance Shall be Effective Upon the Entering Into Force of the Second Supplementary Agreement Between Canada and the United States of America

SI/98-51

OLD AGE SECURITY ACT

Registration 1998-04-01

Proclamation Giving Notice that the Administrative Understanding on Mutual Assistance Shall be Effective Upon the Entering Into Force of the Second Supplementary Agreement Between Canada and the United States of America

ROMÉO LEBLANC

[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 any way concern,

Greeting:

RICHARD THOMPSON
Acting/Deputy Attorney General

A Proclamation

Whereas, by Order in Council P.C. 1997-497 of April 8, 1997, the Governor in Council declared that the Administrative Understanding on Mutual Assistance, signed on December 4, 1996, shall be effective upon the entering into force of the Second Supplementary Agreement between Canada and the United States of America;

Whereas the Order was laid before Parliament on October 2, 1997;

Whereas, before the twentieth sitting day after the Order was laid before Parliament, no motion for the consideration of either House to the effect that the Order be revoked was filed with the Speaker of the appropriate House;

Whereas, pursuant to subsection 42(2) of the Old Age Security Act, the Order came into force on the thirtieth sitting day after it was laid before Parliament, being November 27, 1997;

Whereas the Administrative Understanding on Mutual Assistance shall be effective upon the entering into force of the Second Supplementary Agreement, which is October 1, 1997;

And whereas, by Order in Council P.C. 1998-289 of February 26, 1998, the Governor in Council directed that a Proclamation do issue giving notice that the Administrative Understanding on Mutual Assistance shall be effective upon the entering into force of the Second Supplementary Agreement between Canada and the United States of America;

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 Administrative Understanding on Mutual Assistance, signed on December 4, 1996, a copy of which is annexed hereto, shall be effective upon the entering into force of the Second Supplementary Agreement between Canada and the United States of America.

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 Roméo A. LeBlanc, a Member of Our Privy Council for Canada, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Governor General and Commander-in-Chief of Canada.

At Our Government House, in Our City of Ottawa, this twentieth day of March in the year of Our Lord one thousand nine hundred and ninety-eight and in the forty-seventh year of Our Reign.

By Command,

KEVIN G. LYNCH
Deputy Registrar General of Canada

Administrative Understanding on Mutual Assistance

Pursuant to the Agreement between the Government of Canada and the Government of the United States of America with respect to Social Security

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SECTION I

Introduction
  • (a) 
    The Competent Authority of the United States of America and the Competent Authority of Canada, with the purpose of improving the administrative efficiency, cost effectiveness and integrity of their Social Security programs as they apply to claimants and beneficiaries of the two countries, intend to establish a program of mutual administrative assistance.
  • (b) 
    This Administrative Understanding (hereinafter referred to as the “Understanding”) is concluded in conformity with Article XII(a) of the Agreement between the Government of the United States of America and the Government of Canada with respect to Social Security, signed at Ottawa on March 11, 1981, as amended by the Supplementary Agreement, signed at Ottawa on May 10, 1983, and the second Supplementary Agreement, signed at Ottawa on May 28, 1996, (hereinafter referred to as the “Agreement”), as well as the Administrative Arrangement for the Implementation of the Agreement, signed at Washington on May 22, 1981 (hereinafter referred to as the “Administrative Arrangement”).

SECTION II

Meaning of Terms

Terms used in this Understanding or any Appendices to be agreed upon at a later time have the same meaning as in the Agreement.

SECTION III

Administrative Assistance
  • (a) 
    In accordance with the procedures to be outlined in one or more Appendices to this Understanding, the Competent Authorities of the two countries, or their designees, will assist each other in administering the laws specified in Article II of the Agreement.
  • (b) 
    In no case will a Competent Authority of a country be expected to carry out administrative measures at variance with the statutes or the administrative practice of that or the other country.

SECTION IV

Management
  • (a) 
    The program of administrative assistance will be under the general direction of a Management Committee, whose function will be to undertake an ongoing review of policy and procedures relating to the program. The Committee will consist of four members:
    • For the United States —
    • The Director, Office of International Policy, Social Security Administration, or the Director’s designee(s), and
    • The Director, Office of Disability and International Operations, Social Security Administration, or the Director’s designee(s);
    • For Canada —
    • The Director General, International Benefits, Income Security Programs, Department of Human Resources Development, or the Director General’s designee(s), and
    • The Director General, Programs, Income Security Programs, Department of Human Resources Development, or the Director General’s designee(s).
  • (b) 
    The Management Committee will be responsible for the coordination, and any modification, of the program of assistance to be set out later in one or more Appendices to this Understanding. The Committee will review the various timeframes for the performance of functions set out in the Appendices in order to ensure that these standards are met to the extent possible or to modify the timeframes where appropriate.
  • (c) 
    Modifications to the program will be set out in writing as additional Appendices to this Understanding and signed by the members of the Management Committee, or their designees.
  • (d) 
    The Management Committee will be responsible for exchanging statistics and other information regarding workloads and other administrative matters associated with the program of assistance. The content and form of the statistics and information to be exchanged will be agreed upon by the Management Committee.
  • (e) 
    The Management Committee will meet, as required, to review progress and establish program guidance and priorities. It is expected that this will be not more than once every two years. Meetings of the Management Committee will normally be held alternately in the United States and Canada.

SECTION V

Expenses

The Competent Authority of each country will furnish assistance in accordance with Section III without charge to the Competent Authority of the other country. The Management Committee will periodically review the expenses involved in furnishing assistance under this Understanding with a view toward balancing the costs incurred by each side.

SECTION VI

Confidentiality of Information
  • (a) 
    In accordance with Article XVIII of the Agreement, information about an individual which a Competent Authority of one country transmits to a Competent Authority of the other country in accordance with this Understanding or its Appendices will be used exclusively for purposes of administering the laws specified in Article II of the Agreement. Such information received by a Competent Authority will be governed by the statutes applicable to that Competent Authority for the protection of privacy and confidentiality of personal data.
  • (b) 
    In no case will a Competent Authority of either country be expected to furnish information which is not obtainable under the laws of that or the other country.

SECTION VII

Interpretation and Application

Any disagreement regarding the interpretation or application of this Understanding or its Appendices will be resolved by the Management Committee, and will not be referred to any international tribunal or third party for settlement.

SECTION VIII

Period of Operation

The Competent Authorities of the United States and Canada will endeavour to initiate the program of assistance specified in this Understanding and to be set out later in one or more detailed Appendices as soon as possible. The Competent Authority of either the United States or Canada may terminate this program of assistance by providing written notification to the Competent Authority of the other country. Such notice of termination will not affect either country’s obligations under the Agreement or Administrative Arrangement or the provisions of Section VI of this Understanding.

DONE in duplicate at Baltimore, this 4th day of December 1996 in English and French, both texts being equally authentic.

FOR THE MINISTER OF HUMAN RESOURCES DEVELOPMENT CANADA

(Serge Rainville)

FOR THE SOCIAL SECURITY ADMINISTRATION OF THE UNITED STATES OF AMERICA

(Carolyn W. Colvin)

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