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M-19.2, r. 8 - Regulation respecting the implementation of the Second Amendment to the Memorandum of Agreement on Social Security for Students and Participants in Cooperation Programs Between the Gouvernement du Québec and the Government of the French Republic signed at Québec on 19 December 1998

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SCHEDULE 1
(s. 1)
SECOND AMENDMENT TO THE MEMORANDUM OF AGREEMENT ON SOCIAL SECURITY FOR STUDENTS AND PARTICIPANTS IN COOPERATION PROGRAMS BETWEEN THE GOUVERNEMENT DU QUÉBEC AND THE GOVERNMENT OF THE FRENCH REPUBLIC SIGNED AT QUÉBEC ON 19 DECEMBER 1998
THE GOUVERNEMENT DU QUÉBEC
AND
THE GOVERNMENT OF THE FRENCH REPUBLIC
Hereinafter referred to as the “Parties”
Desirous to amend the Memorandum of Agreement Between the Gouvernement du Québec and the Government of the French Republic on Social Security for Students and Participants in Cooperation Programs, signed at Québec on 19 December 1998 (hereinafter referred to as “the Agreement”),
HAVE AGREED TO THE FOLLOWS PROVISIONS:
ARTICLE 1
Article 1 of the Agreement shall be replaced by the following provisions:
“ARTICLE 1
Definitions
In this Agreement, unless the context indicates otherwise,
Competent authority: means the Québec minister or the French minister responsible for applying the legislation referred to in Article 2;
France-Québec cooperation programs: means the exchange programs between France and Québec referred to in the Administrative Arrangement;
Entente: means the Entente en matière de sécurité sociale entre le gouvernement du Québec et le gouvernement de la République française, signed at Paris on 17 December 2003;
Studies: means studies at one of the educational institutions listed in the Administrative Arrangement in accordance with the requirements set out therein;
France: means the European and overseas departments of the French Republic and the territorial collectivity of Saint Pierre and Miquelon;
Competent institution: means the Québec department or agency or the French social security agency responsible for administering the legislation referred to in Article 2;
Legislation: means present or future laws, regulations, statutory provisions and any other application measures relating to the social security branches and plans referred to in Article 2;
Family members: means the family members at the burden of the insured person according to French legislation;
Dependants: means a spouse or dependants according to Québec legislation;
Post doctorates means:
— as regards France, persons who hold a doctorate and are recruited on a contract of employment for a fixed term as part of research projects, or who benefit from a Québec research grant without being subordinated to an institution of higher learning and research established in France;
— as regards Québec, persons who hold a doctorate and carry out full-time supervised research for a fixed term;
Persons under a French plan: means persons of any nationality, falling within the scope of the legislation referred to in paragraph 1 (b) of Article 2;
Québec nationals: means persons falling within the scope of the legislation referred to in paragraph 1(a) of Article 2 who are domiciled in Québec or who reside therein;
Unpaid training period means:
— where benefits are covered by the French plan, a training period during which the enterprise or the agency or a third party where it is served, does not pay any benefits, or pays living and accommodation expenses up to the amount established in the Administrative Arrangement,
— where benefits are covered by the Québec plan, a training period for which a person does not receive any salary but may receive a bursary or an allowance.
Any term not defined in the Agreement has the meaning given to it under the applicable legislation.
ARTICLE 2
In Articles 4, 5, 7 and paragraph 2 of Article 14 of the Agreement, the word “dependants” shall be replaced by the words “family members”.
ARTICLE 3
At the second dash of subparagraph (a) of paragraph 1 of Article 2 of the Agreement, the words “paragraphs 2 and 5 of Article 4” shall be replaced by the words “paragraphs 2, 4 and 5 of Article 4 and paragraph 1 of article 9.1 regarding seconded workers”.
ARTICLE 4
In paragraph 4 of Article 4 of the Agreement, the words “excluding prescription drug insurance” shall be deleted.
ARTICLE 5
(1) In paragraph 2 of Article 4 and Article 5 of the Agreement the words “French nationals” shall be replaced by the words “persons under a French plan”.
(2) In paragraph 4 of Article 4 and Articles 8, 12 and 13 of the Agreement, the word “French” shall be replaced by the words “persons under a French plan”.
ARTICLE 6
Article 6 of the Agreement shall be repealed.
ARTICLE 7
In paragraph 1 of Article 7 of the Agreement, the words “Agreement between the Government of the French Republic and the Gouvernement du Québec on social security dated 17 December 2003” shall be replaced by the word “Entente”.
ARTICLE 8
In Article 9 of the Agreement, the words “or the Québec Government” shall be deleted.
ARTICLE 9
After Article 9 of the Agreement, the following Article 9.1 shall be inserted:
“ARTICLE 9.1
Post Doctorates
(1) When subordinated to an employer established in France or in Québec, post doctorates shall be covered by the provisions of Article 6 of the Entente, unless they are detached under the Article 8 thereof.
They shall benefit, as well as their family members or dependants accompanying them, benefits in kind in case of sickness or maternity under the conditions set out in Articles 24 or 28 of the Entente.
(2) In the absence of such subordination:
(a) post doctorates shall be affiliated in France to the general plan upon fulfilling the residency requirement to qualify for universal health coverage from the day of their arrival in that territory;
(b) post doctorates who carry out research activity in Québec shall be granted benefits in kind in case of sickness or maternity, from the day of their arrival in that territory, under the conditions set by the legislation of Québec.”.
ARTICLE 10
After Article 12 of the Agreement, the following Article 12.1 shall be inserted:
“ARTICLE 12.1
Industrial Accidents or Occupational Diseases Coverage for Post Doctorates
(1) Post doctorates referred to in paragraph 1 of Article 9.1 shall be granted benefits in kind in case of industrial accidents or occupational diseases under the provisions of the Entente.
(2) As regards France, post doctorates referred to in paragraph 2 of Article 9.1 must individually subscribe, with the French competent institution, to an insurance against the risk of industrial accidents and occupational diseases in order to be granted the corresponding benefits in kind.”.
ARTICLE 11
After Article 14 of the Agreement, the following Article 14.1 shall be inserted:
“ARTICLE 14.1
Protection of Personal Information
(1) For the purposes of this Article, the terms “legislation”, “personal data” and “personal information” shall have the usual meaning given to them in domestic laws of each Party.
(2) The agencies of the Parties may release to one another any personal data or information necessary for the application of the Agreement.
(3) Personal data or information released to an agency of a Party may be used only for the application of the Agreement.
A Party may however use such data or information for other purposes with the consent of the person concerned or, without the consent of the said person, only in the following cases:
(a) its use is compatible and has a direct and relevant connection with the purposes for which the data or information was collected;
(b) its use is clearly for the benefit of the person to whom it relates, or;
(c) its use is necessary for the administration of an Act in Québec or in France.
(4) Personal data or information released to an agency of a Party may only be released to another agency of this Party for the application of the Agreement.
A Party may however release such data or information with the consent of the person concerned or, without the consent of the said person, only in the following cases:
(a) its release is necessary for the exercise of the rights and powers of an agency of a Party;
(b) its release is clearly for the benefit of the person to whom it relates, or;
(c) its release is necessary for the administration of an Act in Québec or in France.
(5) The agencies of both Parties shall ensure, during the transmission of the data or information referred to in paragraph 2, the use of means preserving its confidentiality.
(6) The agency of a Party, to which data or information referred to in paragraph 2 is released, shall protect it against unauthorized access, alteration and release.
(7) The agency of a Party, to which personal data or information referred to in paragraph 2 is released, shall take the necessary measures to ensure that it remains up to date. As need be, it shall correct it and shall destroy that whose collection or storage is not authorized by the legislation which applies to it. It shall also destroy, upon request from an agency of a Party, the data or information transmitted by mistake.
(8) Subject to a Party’s legislation relating to the conservation of personal data or information, this data or information shall be destroyed when the purposes for which it was collected or used are completed. The agencies of both Parties shall use safe and final means of destruction, and shall ensure the confidentiality of the personal data or information awaiting destruction.
(9) Upon request to an agency of a Party, the person concerned has the right to be informed of the release of personal data or information referred to in paragraph 2 and of its use for purposes other than the application of the Agreement. That person may also have access to the personal data or information concerning him or her and have it corrected, in accordance with the legislation of the Party on whose territory the data or information is held.
(10) The competent authorities of the Parties shall inform each other of any changes to the legislation concerning this matter.”.
ARTICLE 12
Each Party shall notify the other when the internal procedures required by that Party for the entry into force of this amendment, which takes effect on the first day of the second month following receipt of the last notification.
Done at Québec, on 28 April 2016, in duplicate in the French language.
FOR THE GOUVERNEMENT DU QUÉBECFOR THE GOVERNMENT OF THE FRENCH REPUBLIC
CHRISTINE ST-PIERRE,
Minister of International Relations and La Francophonie		ANNICK GIRARDIN,
Minister of the Civil Service
O.C. 808-2017, Sch. 1.
SCHEDULE 1
(s. 1)
SECOND AMENDMENT TO THE MEMORANDUM OF AGREEMENT ON SOCIAL SECURITY FOR STUDENTS AND PARTICIPANTS IN COOPERATION PROGRAMS BETWEEN THE GOUVERNEMENT DU QUÉBEC AND THE GOVERNMENT OF THE FRENCH REPUBLIC SIGNED AT QUÉBEC ON 19 DECEMBER 1998
THE GOUVERNEMENT DU QUÉBEC
AND
THE GOVERNMENT OF THE FRENCH REPUBLIC
Hereinafter referred to as the “Parties”
Desirous to amend the Memorandum of Agreement Between the Gouvernement du Québec and the Government of the French Republic on Social Security for Students and Participants in Cooperation Programs, signed at Québec on 19 December 1998 (hereinafter referred to as “the Agreement”),
HAVE AGREED TO THE FOLLOWS PROVISIONS:
ARTICLE 1
Article 1 of the Agreement shall be replaced by the following provisions:
“ARTICLE 1
Definitions
In this Agreement, unless the context indicates otherwise,
Competent authority: means the Québec minister or the French minister responsible for applying the legislation referred to in Article 2;
France-Québec cooperation programs: means the exchange programs between France and Québec referred to in the Administrative Arrangement;
Entente: means the Entente en matière de sécurité sociale entre le gouvernement du Québec et le gouvernement de la République française, signed at Paris on 17 December 2003;
Studies: means studies at one of the educational institutions listed in the Administrative Arrangement in accordance with the requirements set out therein;
France: means the European and overseas departments of the French Republic and the territorial collectivity of Saint Pierre and Miquelon;
Competent institution: means the Québec department or agency or the French social security agency responsible for administering the legislation referred to in Article 2;
Legislation: means present or future laws, regulations, statutory provisions and any other application measures relating to the social security branches and plans referred to in Article 2;
Family members: means the family members at the burden of the insured person according to French legislation;
Dependants: means a spouse or dependants according to Québec legislation;
Post doctorates means:
— as regards France, persons who hold a doctorate and are recruited on a contract of employment for a fixed term as part of research projects, or who benefit from a Québec research grant without being subordinated to an institution of higher learning and research established in France;
— as regards Québec, persons who hold a doctorate and carry out full-time supervised research for a fixed term;
Persons under a French plan: means persons of any nationality, falling within the scope of the legislation referred to in paragraph 1 (b) of Article 2;
Québec nationals: means persons falling within the scope of the legislation referred to in paragraph 1(a) of Article 2 who are domiciled in Québec or who reside therein;
Unpaid training period means:
— where benefits are covered by the French plan, a training period during which the enterprise or the agency or a third party where it is served, does not pay any benefits, or pays living and accommodation expenses up to the amount established in the Administrative Arrangement,
— where benefits are covered by the Québec plan, a training period for which a person does not receive any salary but may receive a bursary or an allowance.
Any term not defined in the Agreement has the meaning given to it under the applicable legislation.
ARTICLE 2
In Articles 4, 5, 7 and paragraph 2 of Article 14 of the Agreement, the word “dependants” shall be replaced by the words “family members”.
ARTICLE 3
At the second dash of subparagraph (a) of paragraph 1 of Article 2 of the Agreement, the words “paragraphs 2 and 5 of Article 4” shall be replaced by the words “paragraphs 2, 4 and 5 of Article 4 and paragraph 1 of article 9.1 regarding seconded workers”.
ARTICLE 4
In paragraph 4 of Article 4 of the Agreement, the words “excluding prescription drug insurance” shall be deleted.
ARTICLE 5
(1) In paragraph 2 of Article 4 and Article 5 of the Agreement the words “French nationals” shall be replaced by the words “persons under a French plan”.
(2) In paragraph 4 of Article 4 and Articles 8, 12 and 13 of the Agreement, the word “French” shall be replaced by the words “persons under a French plan”.
ARTICLE 6
Article 6 of the Agreement shall be repealed.
ARTICLE 7
In paragraph 1 of Article 7 of the Agreement, the words “Agreement between the Government of the French Republic and the Gouvernement du Québec on social security dated 17 December 2003” shall be replaced by the word “Entente”.
ARTICLE 8
In Article 9 of the Agreement, the words “or the Québec Government” shall be deleted.
ARTICLE 9
After Article 9 of the Agreement, the following Article 9.1 shall be inserted:
“ARTICLE 9.1
Post Doctorates
(1) When subordinated to an employer established in France or in Québec, post doctorates shall be covered by the provisions of Article 6 of the Entente, unless they are detached under the Article 8 thereof.
They shall benefit, as well as their family members or dependants accompanying them, benefits in kind in case of sickness or maternity under the conditions set out in Articles 24 or 28 of the Entente.
(2) In the absence of such subordination:
(a) post doctorates shall be affiliated in France to the general plan upon fulfilling the residency requirement to qualify for universal health coverage from the day of their arrival in that territory;
(b) post doctorates who carry out research activity in Québec shall be granted benefits in kind in case of sickness or maternity, from the day of their arrival in that territory, under the conditions set by the legislation of Québec.”.
ARTICLE 10
After Article 12 of the Agreement, the following Article 12.1 shall be inserted:
“ARTICLE 12.1
Industrial Accidents or Occupational Diseases Coverage for Post Doctorates
(1) Post doctorates referred to in paragraph 1 of Article 9.1 shall be granted benefits in kind in case of industrial accidents or occupational diseases under the provisions of the Entente.
(2) As regards France, post doctorates referred to in paragraph 2 of Article 9.1 must individually subscribe, with the French competent institution, to an insurance against the risk of industrial accidents and occupational diseases in order to be granted the corresponding benefits in kind.”.
ARTICLE 11
After Article 14 of the Agreement, the following Article 14.1 shall be inserted:
“ARTICLE 14.1
Protection of Personal Information
(1) For the purposes of this Article, the terms “legislation”, “personal data” and “personal information” shall have the usual meaning given to them in domestic laws of each Party.
(2) The agencies of the Parties may release to one another any personal data or information necessary for the application of the Agreement.
(3) Personal data or information released to an agency of a Party may be used only for the application of the Agreement.
A Party may however use such data or information for other purposes with the consent of the person concerned or, without the consent of the said person, only in the following cases:
(a) its use is compatible and has a direct and relevant connection with the purposes for which the data or information was collected;
(b) its use is clearly for the benefit of the person to whom it relates, or;
(c) its use is necessary for the administration of an Act in Québec or in France.
(4) Personal data or information released to an agency of a Party may only be released to another agency of this Party for the application of the Agreement.
A Party may however release such data or information with the consent of the person concerned or, without the consent of the said person, only in the following cases:
(a) its release is necessary for the exercise of the rights and powers of an agency of a Party;
(b) its release is clearly for the benefit of the person to whom it relates, or;
(c) its release is necessary for the administration of an Act in Québec or in France.
(5) The agencies of both Parties shall ensure, during the transmission of the data or information referred to in paragraph 2, the use of means preserving its confidentiality.
(6) The agency of a Party, to which data or information referred to in paragraph 2 is released, shall protect it against unauthorized access, alteration and release.
(7) The agency of a Party, to which personal data or information referred to in paragraph 2 is released, shall take the necessary measures to ensure that it remains up to date. As need be, it shall correct it and shall destroy that whose collection or storage is not authorized by the legislation which applies to it. It shall also destroy, upon request from an agency of a Party, the data or information transmitted by mistake.
(8) Subject to a Party’s legislation relating to the conservation of personal data or information, this data or information shall be destroyed when the purposes for which it was collected or used are completed. The agencies of both Parties shall use safe and final means of destruction, and shall ensure the confidentiality of the personal data or information awaiting destruction.
(9) Upon request to an agency of a Party, the person concerned has the right to be informed of the release of personal data or information referred to in paragraph 2 and of its use for purposes other than the application of the Agreement. That person may also have access to the personal data or information concerning him or her and have it corrected, in accordance with the legislation of the Party on whose territory the data or information is held.
(10) The competent authorities of the Parties shall inform each other of any changes to the legislation concerning this matter.”.
ARTICLE 12
Each Party shall notify the other when the internal procedures required by that Party for the entry into force of this amendment, which takes effect on the first day of the second month following receipt of the last notification.
Done at Québec, on 28 April 2016, in duplicate in the French language.
FOR THE GOUVERNEMENT DU QUÉBECFOR THE GOVERNMENT OF THE FRENCH REPUBLIC
CHRISTINE ST-PIERRE,
Minister of International Relations and La Francophonie		ANNICK GIRARDIN,
Minister of the Civil Service
O.C. 808-2017, Sch. 1.
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