R-9, r. 10 - Regulation respecting the implementation of the Understanding on Social Security between the Gouvernement du Québec and the Government of Barbados

Schedule Disposition versions

2012-09-01

SCHEDULE II

(s. 2)

ADMINISTRATIVE ARRANGEMENT FOR THE APPLICATION OF THE UNDERSTANDING ON SOCIAL SECURITY BETWEEN THE GOVERNMENT OF BARBADOS AND THE GOVERNMENT OF QUÉBEC

Administrative Arrangement respecting the conditions for the application of the Understanding on Social Security between the Government of Barbados and the Government of Québec, hereafter referred to as «the Understanding».

In conformity with Article 14 of the Understanding, the Government of Barbados and the Government of Québec have agreed as follows:

PART I

GENERAL PROVISIONS

PARAGRAPH 1

DEFINITIONS

The terms used in this Administrative Arrangement have the same meaning as in the Understanding.

PARAGRAPH 2

LIAISON AGENCIES

In accordance with paragraph 2 of Article 14 of the Understanding, the liaison agencies designated by each of the Parties are:

— For Québec:

The Secrétariat de l’Administration des Ententes de sécurité sociale, or any other agency that the competent authorities of Québec may subsequently designate;

— For Barbados:

The National Insurance Office.

PARAGRAPH 3

COVERAGE OF ASSIGNED PERSONS

1. In the case of an assigned person referred to in Article 7 of the Understanding, the liaison agency of the Party whose legislation applies shall issue a certificate of coverage after it has received the pertinent information from the employer in respect of that person.

2. Where a certificate of coverage is issued, the liaison agency of the Party whose legislation applies shall send a copy of the certificate of coverage to the liaison agency of the other Party, to the person on assignment and to the employer of that person.

PARAGRAPH 4

EXERCISE OF RIGHT OF ELECTION

1. The right of election contemplated in Article 9 of the Understanding must be exercised within a period of six months following the date of coming into force of the Understanding, as regards a person engaged before that date, and within six months after the date of engagement in the other cases.

2. The election shall be effective as of the date on which the person notifies the appropriate competent institution.

3. Where a person fails to exercise the right of election within the prescribed time period, that person shall remain subject to the legislation of the Party by which such person is employed.

PARAGRAPH 5

OBLIGATIONS OF THE PARTIES AS EMPLOYERS

For the purposes of Article 9 of the Understanding, the Government of Québec and the Government of Barbados undertake, as employers, to fulfil the obligations that the provisions of the legislation of the other Party impose on all employers.

PART II

PROVISIONS ON BENEFITS

PARAGRAPH 6

FILING OF THE CLAIM

1. Persons who reside outside Barbados and who wish to obtain a benefit under the Barbados legislation pursuant to the Understanding may present their claims to the Québec liaison agency or to the Barbados liaison agency, which will then inform the Québec liaison agency.

2. Persons who reside outside Québec and who wish to obtain a benefit under the Québec legislation pursuant to the Understanding may present their claims to the Barbados liaison agency or to the Régie des rentes du Québec, which will then inform the Barbados liaison agency. However, persons who reside in Canada may present claims to any office authorised to receive a claim for benefit payable under the Québec Pension Plan.

PARAGRAPH 7

CLAIMS SENT TO THE OTHER PARTY

1. The liaison agency to which a claim has been presented in accordance with Paragraph 6 of his Arrangement shall forward such claim to the competent institution of the other Party, along with the required supporting documents.

2. The liaison agency which has been informed that a claim has been presented to the institution of the other Party in accordance with Paragraph 6 of this Arrangement shall forward, if requested, the required supporting documents to the competent institution of the other Party.

3. The personal information pertaining to an individual shown on the claim referred to in the preceding subparagraphs shall be certified by the liaison agency which will confirm that the information is corroborated by supporting documents. That agency shall be exempt from transmission of the supporting documents to the other agency. The type of information to which this subparagraph applies will be agreed upon by the liaison agencies of the Parties, with the approval of the competent institutions.

4. Any original document or copy thereof shall be kept by the liaison agency to which it was initially submitted. That agency furnish a copy of such document, upon request, to the competent institution of the other Party.

PARAGRAPH 8

PROCESSING OF THE CLAIM

1. The claims of supporting documents mentioned in subparagraph 1 of Paragraph 7 shall be accompanied by the liaison form, in duplicate.

2. If so requested by the other Party, the liaison agency shall indicate the creditable periods on the liaison form.

PARAGRAPH 9

NOTIFYING THE APPLICANT

As soon as a decision is taken by a competent institution pursuant to its legislation, the institution shall notify the applicant thereof and shall inform that applicant about the means of recourse and time limits for such recourse prescribed by its own legislation. The institution shall also inform the liaison agency of the other Party about the decision.

PART III

MISCELLANEOUS PROVISIONS

PARAGRAPH 10

ADMINISTRATIVE ASSISTANCE AND MEDICAL EXAMINATIONS

1. Where the applicant for or the beneficiary of a disability or an invalidity benefit payable by one Party resides within the territory of the other Party, the competent institution of the first Party may, at any time, request the competent institution of the other Party to have the medical examinations it requires carried out.

2. The transmission of medical information already in the possession of the competent institutions constitutes an integral part of administrative assistance and shall be effected without charge.

3. However, any costs incurred by a competent institution in obtaining medical information not already in its possession shall be the responsibility of the competent institution that requires such examinations.

4. Bills for medical costs referred to in subparagraph 3 shall be transmitted annually to the Party requesting such information and such costs shall be reimbursed promptly by the competent institution of that Party, in a currency freely convertible in the territory of the other Party.

PARAGRAPH 11

EXCHANGE OF INFORMATION

Where the competent institution of one Party becomes aware of a change in a beneficiary’s situation, it shall inform the competent institution of the other Party.

PARAGRAPH 12

FORMS

The liaison agencies of the Parties, with the approval of the competent institutions, will agree on the forms and other documents necessary to implement the Understanding and this Administrative Arrangement.

PARAGRAPH 13

EXCHANGE OF STATISTICS

The liaison agencies of both Parties shall exchange, in the form agreed upon, the statistical data concerning the payments made to beneficiaries during each calendar year in accordance with the Understanding. Such data shall include the number of beneficiaries and the total amount of benefits by benefit category.

PART IV

FINAL PROVISIONS

PARAGRAPH 14

COMING INTO FORCE

The Administrative Arrangement comes into force on the same date as the Understanding. Renewal or denunciation of the Understanding signifies renewal or denunciation of the Administrative Arrangement.

Done at Montréal, on the 27th day of November 1985, in duplicate in the English and French languages, both texts being equally authentic.

For the Government of Barbados

O’Brien Trotman

For the Government of Québec

Élie Fallu

O.C. 2678-85, Sch. II.