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R-9, r. 18 - Regulation respecting implementation of the Agreement on Social Security between the Gouvernement du Québec and the Government of the Republic of Finland

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2016-01-01 Show full text at this date

SCHEDULE I

(s. 1)

AGREEMENT ON SOCIAL SECURITY BETWEEN QUÉBEC AND FINLAND

The Gouvernement du Québec

and

The Government of the Republic of Finland

Wishing to facilitate the mobility of persons between Québec and the Republic of Finland,

Desirous of assuring their respective nationals of the benefits of coordinating the social security legislation of Québec and of the Republic of Finland,

Have agreed to the following provisions:

TITLE I

GENERAL PROVISIONS

Article 1

In this Agreement, unless the context indicates otherwise:

(a) «competent authority» means, for Québec, the Minister responsible for administering the legislation referred to in Paragraph a of Article 2, and for Finland, the Ministry of Social Affairs and Health;

(b) «competent institution» means, for Québec, the department or agency responsible for administering the legislation referred to in Paragraph a of Article 2, and for Finland, the institution or authority responsible for administering the legislation referred to in Paragraph b of Article 2;

(c) «insurance period» means, for Québec, any year in respect of which contributions have been paid or for which a disability pension has been paid under the Act respecting the Québec Pension Plan, or any other year recognized as equivalent, and for Finland, any period of contribution, insurance or residence, or an equivalent period, making it possible to acquire entitlement to benefits under Finnish legislation;

(d) «benefit or pension» includes any additional benefit, supplement or increase provided by the legislation of each Party as well as any lump sum;

(e) «national» means, for Québec, a Canadian citizen residing in Québec, and for Finland, a citizen of Finland,

and any term not defined in the Agreement has the meaning assigned to it in the applicable legislation.

Article 2

The Agreement applies to the legislation specified hereinafter:

(a) for Québec, legislation respecting the Pension Plan, industrial accidents and occupational diseases, health insurance, hospital insurance and other health services;

(b) for Finland, legislation respecting the Employment Pensions Scheme, including pension plans for self-employed workers and persons employed by the government, the church and communes, as well as the Seamen’s Pension Plan, industrial accident insurance, occupational disease insurance, farm workers accident insurance, the General Hospital and Public Health, the welfare of disabled persons and health insurance, except for mother’s, father’s and parent’s allowances; the Act respecting the employer’s social security contributions is also included.

Article 3

1. The Agreement also applies to any act or regulation amending, supplementing or replacing that legislation.

2. Notwithstanding the foregoing, the Agreement applies to:

(a) an act or a regulation covering a new area of social security, only if the Agreement is changed in that behalf;

(b) an act or a regulation of one Party extending existing plans to new categories of beneficiaries, only if that Party has not given notice of objection in that respect to the other Party within 3 months following the date of the official publication of that instrument.

Article 4

Unless otherwise provided, the Agreement applies to:

(a) every national of each Party;

(b) any refugee as defined in Article 1 of the Convention Relating to the Status of Refugees of July 28, 1951 and the Protocol thereto of January 31, 1967;

(c) any stateless person as defined by Article 1 of the Convention Relating to the Status of Stateless Persons of September 28, 1954;

(d) any other person who is or has been subject to the legislation of either Party.

Article 5

1. Unless otherwise provided in the Agreement, the persons designated in Paragraphs a, b and c of Article 4 and the Canadian citizens designated in Paragraph d receive, in the application of the legislation of one Party, the same treatment as the nationals of that Party. Notwithstanding the foregoing, that does not apply to the right of Finnish citizens to be covered by the National Health Insurance Plan when they work abroad.

2. Unless otherwise provided in the Agreement, any benefit acquired under the legislation of one Party, as well as that acquired under the Agreement, may not be reduced, changed, suspended, discontinued or confiscated only by reason of the fact that the beneficiary resides in the territory of the other Party, and such a benefit is payable in the territory of the other Party.

Article 6

1. Subject to Articles 7, 8, 9 and 10, a person is subject only to the legislation of the Party on whose territory he works, except that only a person usually residing in Finland is subject to Finnish legislation in respect of the areas of social security other than work pensions, industrial accident insurance and occupational disease insurance.

2. Where a person subject to the legislation of one Party in respect of employment held in the territory of that Party is nevertheless presumed to reside in the territory of the other Party under the legislation of that Party, no contribution is payable under the legislation of the latter Party in respect of the revenue from that employment.

3. A person who resides in the territory of one Party and is self-employed in the territory of the other Party or in the territory of both Parties, is subject, in respect of such employment, only to the legislation of the first Party, except that, in respect of the Finnish Employment Pensions Scheme and Finnish farm workers accident insurance, he is subject to that legislation only for employment held in Finland.

Article 7

1. A person subject to the legislation of one Party and working for an employer in the territory of that Party at the time he is assigned by that employer to work temporarily in the territory of the other Party continues, in respect of that employment, to be subject to the legislation of the first Party until the expiry of 24 months following the assignment.

2. Notwithstanding the foregoing, if the duration of the employment to be held extends beyond 24 months, the legislation of the first Party remains applicable, provided the competent authorities of both Parties are in agreement.

Article 8

1. A person employed by an international carrier, working in the territory of both Parties as flight or seagoing staff, for an enterprise that has its head office in the territory of one Party and that, on behalf of a third party or its own behalf, transports passengers or goods by air or sea, is subject to the legislation of the latter Party.

2. Notwithstanding the foregoing, if he is employed by a branch or a permanent representative the said enterprise possesses in the territory of one Party other than that where its head office is located, he is subject to the legislation of the Party in whose territory the branch or permanent representative is located.

3. Notwithstanding the preceding 2 paragraphs, if the person works principally in the territory of the Party where he resides, he is subject to the legislation of that Party, even if the enterprise employing him has neither a head office, branch nor permanent representative in the territory.

Article 9

1. A person holding, for one Party, government employment carried on in the territory of the other Party is subject to the legislation of the latter Party only if he is a national of that Party or usually resides in the territory thereof. In the latter case, he may choose to be subject to the legislation of the first Party if he is a national thereof.

2. For the purposes of this Article, a Canadian citizen who does not reside in Québec but who is or has been subject to Québec legislation is deemed to be a Québec national.

Article 10

The competent authorities of both Parties may, in common agreement, derogate from the provisions of Articles 6, 7, 8 or 9 in respect of a person or a category of persons.

TITLE II

PROVISIONS RESPECTING BENEFITS

CHAPTER 1

RETIREMENT BENEFITS, DISABILITY BENEFITS AND SURVIVOR’S BENEFITS

Article 11

1. For Québec, this Chapter applies to all benefits payable under the Act respecting the Québec Pension Plan.

2. For Finland, this Chapter applies to all benefits payable under the Employment Pensions Scheme.

Article 12

1. A person who has been subject to the legislation of either Party, together with his dependants, successors and assigns, receives benefits under Québec legislation if he qualifies under that legislation for entitlement to benefits. The competent institution of Québec determines the amount of the benefit in accordance with the provisions of Québec legislation.

2. If the person is not entitled to benefits under Québec legislation, the competent Québec institution proceeds as follows:

(a) it recognizes a contribution year where the competent institution of Finland attests that a person has been credited for an insurance period of at least 3 contribution months in one year under the Employment Pensions Scheme of Finland, provided the year is included in the contributory period as defined in Québec legislation;

(b) the years recognized under Paragraph a are totalized with the insurance periods completed under Québec legislation, provided they do not overlap.

3. Where entitlement to benefits is acquired pursuant to the totalization prescribed by Paragraph 2, the competent Québec institution determines the amount of the benefit payable as follows:

(a) the amount of the part of the benefit related to earnings is calculated in accordance with the provisions of the Québec legislation;

(b) the amount of the flat rate of the benefit is adjusted in proportion to the period for which contributions have been paid under Québec legislation in relation to the contributory period defined in that legislation.

Article 13

1. A person designated in Article 4 is entitled to benefits under the Finnish Employment Pensions Scheme if that person qualifies under Finnish legislation for entitlement to benefits. The competent institution of Finland determines the amount of the benefit, in accordance with the provisions of Finnish legislation.

2. If a person who becomes disabled does not satisfy the condition of residence under the Finnish Employment Pensions Scheme, the insurance periods under the Québec Pension Plan are considered periods of residence in Finland, provided they do not overlap. The same rule applies, as required, to determine survivor’s pensions under the Finnish Employment Pensions Scheme.

CHAPTER 2

INDUSTRIAL ACCIDENTS AND OCCUPATIONAL DISEASES

Article 14

This Chapter applies to all benefits covered in the legislation of either Party respecting industrial accidents and occupational diseases.

Article 15

A beneficiary who is entitled to benefits under the legislation of one Party and who resides or stays in the territory of the other Party is entitled to:

(a) benefits in kind provided on behalf of the competent institution, in Québec, by the Commission de la Santé et de la Sécurité du Travail and in Finland, by the Federation of Accident Insurance Institutions, in accordance with the provisions of the legislation in force in the place of stay or residence; the period during which such benefits are provided is, however, subject to the legislation that applies to the competent institution;

(b) cash benefits paid by the competent institution in accordance with the provisions of the legislation it is applying.

Article 16

If the legislation of one Party provides explicitly or implicitly that industrial accidents previously sustained are taken into consideration in assessing the degree of disability, the competent institution of that Party also takes into consideration industrial accidents sustained when the person was subject to the legislation of the other Party, as if they had been sustained when the person was subject to the legislation it is applying.

Article 17

The competent institution of one Party whose legislation provides that the amount of cash benefits varies according to the number of dependants also takes into account the dependants of the person in question who reside in the territory of the other Party, as if they resided in its territory.

Article 18

1. An institution must reimburse the cost of benefits provided on its behalf by the other institution.

2. The reimbursement referred to in Paragraph 1 is made in accordance with the procedures set out in the Administrative Arrangement.

3. In respect of benefits in kind, both Parties may, in common agreement, provide other methods of reimbursement or waive reimbursement in accordance with the conditions set out in the Administrative Arrangement.

CHAPTER 3

HEALTH BENEFITS

Article 19

1. For Québec, this Chapter applies to all benefits covered in the legislation on health insurance, hospital insurance and other health services.

2. For Finland, this Chapter applies to all benefits covered in the legislation respecting the General Hospital and Public Health and in the Act respecting health insurance, except for mother’s, father’s and parent’s allowances.

Article 20

An insured person, residing in the territory of one Party and leaving that territory to reside in the territory of the other Party, receives, together with his accompanying dependants, the benefits provided by the legislation of the latter Party from the day of arrival.

Article 21

1. An insured person, residing in the territory of one Party and staying in the territory of the other Party to work temporarily therein, receives, together with his accompanying dependants, the benefits in kind provided by the legislation of the latter Party from the day of arrival in the territory of that Party.

2. The eligibility period for benefits referred to in Paragraph 1 is limited to 3 months. Notwithstanding the foregoing, the competent authority of the territory of stay may, on application, grant an extension.

3. The provisions of Paragraph 1 apply in addition to persons on assignment and students registered at an educational institution in the territory of stay.

Article 22

The beneficiaries of old age, retirement, survivor’s, disability, industrial accident and occupational disease pensions under the legislation of one Party who reside in the territory of the other Party are entitled, together with their accompanying dependants, to the benefits provided under the legislation of the latter Party, as if they were entitled to pensions under the legislation of that Party.

Article 23

1. A dependant of an insured person who continues to reside or returns to reside in the territory of one Party while the insured person resides in the territory of the other Party is entitled to benefits under the legislation of the first Party.

2. In the case cited in the first Paragraph, the status of the dependant is established in accordance with the legislation of the territory of residence.

Article 24

1. The competent institution of the territory of residence or stay provides the benefits in kind covered in this Chapter and bears the cost of those benefits.

2. The institution with which the insured person is affiliated provides cash benefits and bears the cost of those benefits.

TITLE III

MISCELLANEOUS PROVISIONS

Article 25

1. The procedures for administering the Agreement are set out in an Administrative Arrangement which must be approved by the competent authority of Finland and the Québec authority designated for that purpose.

2. The liaison agencies of each Party are designated in the Administrative Arrangement.

Article 26

The competent authorities and institutions:

(a) communicate to one another any information necessary for administering the Agreement;

(b) provide assistance free of charge with regard to any matter related to the administration of the Agreement;

(c) forward to one another any information on the steps taken to administer the Agreement or concerning changes made in their respective legislation, insofar as such changes affect the administration of the Agreement;

(d) inform one another of any difficulties encountered in administering the Agreement and undertake to resolve them to the extent possible.

Article 27

1. For the purposes of this Article, the word «information» means any information from which the identity of a natural person or a juridical person can easily be established.

2. Unless disclosure is required under the legislation of one Party, any information communicated by an institution of one Party to an institution of the other Party is confidential and may be used solely for the purposes of administering the Agreement.

3. Access to a file containing information is subject to the legislation of the Party in possession of the file.

Article 28

All cash benefits are payable directly to beneficiaries in the currency of the paying Party, without deductions for administrative charges or any other expense that may be incurred in the payment of those benefits.

Article 29

1. Any waiving or reduction of charges prescribed by the legislation of one Party respecting the issuing of a certificate or document required under that legislation is extended to certificates and documents required under the legislation of the other Party.

2. Any document required for administering the Agreement is exempted from endorsement of authentification by diplomatic or consular authorities and from any similar form of procedure.

Article 30

1.An application, a statement or an appeal that, under the legislation of one Party, should have been submitted within a fixed period to the competent authority or institution of that Party but that was submitted within that period to the competent authority or institution of the other Party is deemed to have been submitted to the authority or institution of the first Party. In that case, the authority or institution of the second Party forwards that application, statement or appeal immediately to the authority or institution of the first Party.

2. An Application for benefits under the legislation of one Party submitted to a liaison agency of either Party is presumed to have been submitted on the same date to the competent institution of the first Party.

3. An application for benefits submitted under the legislation of one Party is presumed to be an application for the corresponding benefits payable under the legislation of the other Party, provided the person in question submits, within 6 months following the submission of an application under the legislation of the first Party, an application for corresponding benefits under the legislation of the latter Party. In that case, the date of receipt of the application is presumed to be the date on which the application was received by the first Party.

4. Notwithstanding the foregoing, where the date of receipt of the application is prior to the date on which the Agreement comes into force, the latter date is deemed to be the date of receipt of the application.

5. For the calculation of an additional amount for a delay in the payment of a pension or other benefits under Finnish legislation, the application submitted in Québec is presumed to have been submitted when it is received, together with the supporting documents required, by the competent Finnish institution.

Article 31

1. The expert medical appraisals required under the legislation of one Party may be produced, at the request of the competent institution, in the territory of the other Party, by the institution of that Party, in accordance with the procedures set out in the Administrative Arrangement.

2. The expert medical appraisals submitted under the provisions prescribed by Paragraph 1 may not be invalidated solely by reason of having been produced in the territory of the other Party.

TITLE IV

TRANSITIONAL AND FINAL PROVISIONS

Article 32

1. The Agreement does not establish entitlement to the payment of benefits for a period prior to the date of its coming into force.

2. Any insurance period completed before the date of coming into force of the Agreement must be taken into consideration in determining entitlement to benefits under the Agreement.

3. Benefits other than death benefits are payable under the Agreement even if they relate to an event that occurred prior to the date of its coming into force.

4. Any benefits that, by reason of nationality or residence, have been refused, reduced or suspended are, on application by the person in question, awarded or restored from the date of coming into force of the Agreement.

5. Benefits awarded before the date of coming into force of the Agreement are revised, on application by the person in question.

6. If an application covered by Paragraphs 4 and 5 of this Article is submitted within one year following the date of coming into force of the Agreement, the entitlements under the Agreement are acquired from that date, despite the provisions of the legislation of one Party respecting the forfeiture or prescription of rights.

7. If an application covered by Paragraphs 4 and 5 of this Article is submitted after the expiry of one year following the coming into force of the Agreement, the rights that have not been subject to forfeiture or prescription are acquired from the date of the application, subject to more favorable provisions of the applicable legislation.

Article 33

1. The competent authorities and institutions of both parties may communicate with one another in their official language.

2. A decision of a tribunal or a notice of a competent institution may be sent directly to a person residing in the territory of the other Party.

Article 34

The Parties agree to meet as required to:

(a) solve the problems their respective agencies may have encountered in administering the Agreement;

(b) consider the steps to be taken to enable every person subject to the legislation to benefit from the Agreement;

Article 35

1. Each Party signatory to the Agreement shall advise the other Party when the internal procedures required for the coming into force of the Agreement have been completed.

2. The Agreement is entered into for an indeterminate period from the date of its coming into force, which is fixed by exchange of letters between the Parties. It may be terminated by one of the Parties by notice in writing to the other Party. The Agreement ends on the 31st of December following the date of notification by at least 12 months.

3. In the event of termination, any right acquired by a person under the provisions of the Agreement is maintained and negotiations will be undertaken to decide on the rights in the process of being acquired under the Agreement.

Made at Québec this 30th day of October 1986, in duplicate, in French and in Finnish, both texts being equally authentic.

For the Gouvernement

du Québec

GIL RÉMILLARD

For the Government of

the Republic of Finland

MATTI PUHAKKA

O.C. 1739-87, Sch. I.

From 1 January 2016, in accordance with section 237 of chapter 15 of the statutes of 2015, the words «Commission de la santé et de la sécurité du travail» mean in this Regulation «Commission des normes, de l’équité, de la santé et de la sécurité du travail»

2012-09-01 Show full text at this date