R-9, r. 11.1 - Regulation respecting the implementation of the Agreement on Social Security between the Gouvernement du Québec and the Government of the Federative Republic of Brazil

Full text
SCHEDULE 2
(s. 2)
ADMINISTRATIVE ARRANGEMENT FOR THE IMPLEMENTATION OF THE AGREEMENT ON SOCIAL SECURITY BETWEEN QUÉBEC AND THE FEDERATIVE REPUBLIC OF BRAZIL
THE COMPETENT AUTHORITY OF QUÉBEC
AND
THE COMPETENT AUTHORITY OF THE FEDERATIVE REPUBLIC OF BRAZIL
CONSIDERING paragraph 1 of Article 17 of the Agreement on Social Security between Québec and the Federative Republic of Brazil;
HAVE AGREED AS FOLLOWS:
ARTICLE 1
DEFINITIONS
In this Administrative Arrangement,
(a) the term “Agreement” shall mean the Agreement on Social Security between Québec and the Federative Republic of Brazil;
(b) all other terms used in this Arrangement shall have the meaning given to them in Article 1 of the Agreement.
ARTICLE 2
LIAISON AGENCIES
The function of the liaison agencies provided for in Article 17 of the Agreement is to facilitate the application of the Agreement and adopt measures necessary to ensure its efficient management. The designated liaison agencies shall be:
(a) as regards Québec, the Bureau des ententes de sécurité sociale of the Régie des rentes du Québec or any other agency that the gouvernement du Québec may subsequently designate;
(b) as regards Brazil, the Instituto Nacional do Seguro Social (National Institute of Social Security).
ARTICLE 3
CERTIFICATE OF COVERAGE
(1) For the purposes of Articles 7 and 8, paragraph 1 of Article 10 and Article 11 of the Agreement, when a person remains subject to the legislation of one Party while working in the territory of the other Party, a certificate of coverage shall be issued:
(a) by the liaison agency of Québec, when the person remains subject to the legislation of Québec;
(b) by the liaison agency of Brazil, when the person remains subject to the legislation of Brazil.
(2) The liaison agency shall issue the certificate of coverage and shall send it to the applicant who, in the case of an employer, shall send it to the employee. A true copy shall be sent to the liaison agency of the other Party.
(3) A certificate of coverage shall be issued for each individual period of secondment. The sum of these periods shall only exceed sixty months in application of Article 11 of the Agreement.
(4) For the purposes of Article 11 of the Agreement, exceptions to the provisions concerning coverage must result from an exchange of information between the liaison agencies that inform each other of the decision.
ARTICLE 4
BENEFITS
(1) For the purposes of Part III of the Agreement, a claim for benefits under the Agreement may be filed with the liaison agency of either Party or with the competent institution of the Party whose legislation is applicable, with the required supporting documents.
(2) When the claim for benefits referred to in paragraph 1 is filed with a liaison agency, that agency shall send it to the competent institution of the Party whose legislation is applicable, along with copies of the required supporting documents that that agency has certified as being true to the originals.
(3) A copy of the claim for benefits and supporting documents shall be kept by the liaison agency with which the initial claim was filed. A copy of these documents shall, upon request, be made available to the competent institution of the other Party.
(4) A liaison form shall accompany the claim and the supporting documents referred to in this Article.
(5) If so requested by the competent institution or by the liaison agency of a Party, the liaison agency or the competent institution of the other Party shall indicate, on the liaison form, the periods of insurance recognized under the legislation it administers.
(6) As soon as it reaches a decision on a claim under the legislation it administers, the competent institution shall notify and inform the claimant of any recourse available and the deadlines for such recourse as provided for in that legislation; it shall also notify the liaison agency of the other Party using the liaison form.
(7) Information on medical examinations shall be provided on the Medical Report form and, where applicable, complementary medical information shall be appended to this report. A complementary examination may be requested if the competent institution deems if necessary.
ARTICLE 5
REIMBURSEMENT BETWEEN INSTITUTIONS
(1) For the purposes of Article 25 of the Agreement, at the end of each calendar year, the liaison agency of a Party shall send to the liaison agency of the other Party a reimbursement claim pertaining to the complementary examinations carried out at the request of the competent institution of that Party.
(2) The amounts owed must be paid during the semester following the date of receipt of the reimbursement claims made in accordance with the provisions of paragraph 1.
ARTICLE 6
FORMS
(1) The model of the forms required for the application of the Agreement and this Administrative Arrangement shall be determined by mutual agreement by the liaison agencies or the competent institutions of both Parties.
(2) By mutual agreement, the competent authorities may use a data and document transmittal system between the institutions by electronic, computerized or telematic means. Measures shall be taken to guarantee the safe transmission of data and documents.
ARTICLE 7
STATISTICS
The liaison agencies of both Parties shall exchange, in the form agreed upon, statistical data concerning the payments made to beneficiaries during each calendar year under Part III of the Agreement. Such data shall include the number of beneficiaries and the total amount of benefits, by benefit category.
ARTICLE 8
COMING INTO FORCE AND TERM
The Administrative Arrangement shall come into force on the same date as the Agreement and they shall both have the same term.
Done at Brasilia on 26 October 2011, in two copies, in French and in Portuguese, both texts being equally authentic.

   
FOR THE COMPETENT FOR THE COMPETENT
AUTHORITY OF QUÉBEC AUTHORITY OF THE
MONIQUE GAGNON-TREMBLAY FEDERATIVE REPUBLIC
Minister of International OF BRAZIL
Relations and Minister GARIBALDI ALVES FILHO
responsible for La Francophonie Federal Minister of Social Welfare
   
276-2016O.C. 276-2016, Sch. 2.
SCHEDULE 2
(s. 2)
ADMINISTRATIVE ARRANGEMENT FOR THE IMPLEMENTATION OF THE AGREEMENT ON SOCIAL SECURITY BETWEEN QUÉBEC AND THE FEDERATIVE REPUBLIC OF BRAZIL
THE COMPETENT AUTHORITY OF QUÉBEC
AND
THE COMPETENT AUTHORITY OF THE FEDERATIVE REPUBLIC OF BRAZIL
CONSIDERING paragraph 1 of Article 17 of the Agreement on Social Security between Québec and the Federative Republic of Brazil;
HAVE AGREED AS FOLLOWS:
ARTICLE 1
DEFINITIONS
In this Administrative Arrangement,
(a) the term “Agreement” shall mean the Agreement on Social Security between Québec and the Federative Republic of Brazil;
(b) all other terms used in this Arrangement shall have the meaning given to them in Article 1 of the Agreement.
ARTICLE 2
LIAISON AGENCIES
The function of the liaison agencies provided for in Article 17 of the Agreement is to facilitate the application of the Agreement and adopt measures necessary to ensure its efficient management. The designated liaison agencies shall be:
(a) as regards Québec, the Bureau des ententes de sécurité sociale of the Régie des rentes du Québec or any other agency that the gouvernement du Québec may subsequently designate;
(b) as regards Brazil, the Instituto Nacional do Seguro Social (National Institute of Social Security).
ARTICLE 3
CERTIFICATE OF COVERAGE
(1) For the purposes of Articles 7 and 8, paragraph 1 of Article 10 and Article 11 of the Agreement, when a person remains subject to the legislation of one Party while working in the territory of the other Party, a certificate of coverage shall be issued:
(a) by the liaison agency of Québec, when the person remains subject to the legislation of Québec;
(b) by the liaison agency of Brazil, when the person remains subject to the legislation of Brazil.
(2) The liaison agency shall issue the certificate of coverage and shall send it to the applicant who, in the case of an employer, shall send it to the employee. A true copy shall be sent to the liaison agency of the other Party.
(3) A certificate of coverage shall be issued for each individual period of secondment. The sum of these periods shall only exceed sixty months in application of Article 11 of the Agreement.
(4) For the purposes of Article 11 of the Agreement, exceptions to the provisions concerning coverage must result from an exchange of information between the liaison agencies that inform each other of the decision.
ARTICLE 4
BENEFITS
(1) For the purposes of Part III of the Agreement, a claim for benefits under the Agreement may be filed with the liaison agency of either Party or with the competent institution of the Party whose legislation is applicable, with the required supporting documents.
(2) When the claim for benefits referred to in paragraph 1 is filed with a liaison agency, that agency shall send it to the competent institution of the Party whose legislation is applicable, along with copies of the required supporting documents that that agency has certified as being true to the originals.
(3) A copy of the claim for benefits and supporting documents shall be kept by the liaison agency with which the initial claim was filed. A copy of these documents shall, upon request, be made available to the competent institution of the other Party.
(4) A liaison form shall accompany the claim and the supporting documents referred to in this Article.
(5) If so requested by the competent institution or by the liaison agency of a Party, the liaison agency or the competent institution of the other Party shall indicate, on the liaison form, the periods of insurance recognized under the legislation it administers.
(6) As soon as it reaches a decision on a claim under the legislation it administers, the competent institution shall notify and inform the claimant of any recourse available and the deadlines for such recourse as provided for in that legislation; it shall also notify the liaison agency of the other Party using the liaison form.
(7) Information on medical examinations shall be provided on the Medical Report form and, where applicable, complementary medical information shall be appended to this report. A complementary examination may be requested if the competent institution deems if necessary.
ARTICLE 5
REIMBURSEMENT BETWEEN INSTITUTIONS
(1) For the purposes of Article 25 of the Agreement, at the end of each calendar year, the liaison agency of a Party shall send to the liaison agency of the other Party a reimbursement claim pertaining to the complementary examinations carried out at the request of the competent institution of that Party.
(2) The amounts owed must be paid during the semester following the date of receipt of the reimbursement claims made in accordance with the provisions of paragraph 1.
ARTICLE 6
FORMS
(1) The model of the forms required for the application of the Agreement and this Administrative Arrangement shall be determined by mutual agreement by the liaison agencies or the competent institutions of both Parties.
(2) By mutual agreement, the competent authorities may use a data and document transmittal system between the institutions by electronic, computerized or telematic means. Measures shall be taken to guarantee the safe transmission of data and documents.
ARTICLE 7
STATISTICS
The liaison agencies of both Parties shall exchange, in the form agreed upon, statistical data concerning the payments made to beneficiaries during each calendar year under Part III of the Agreement. Such data shall include the number of beneficiaries and the total amount of benefits, by benefit category.
ARTICLE 8
COMING INTO FORCE AND TERM
The Administrative Arrangement shall come into force on the same date as the Agreement and they shall both have the same term.
Done at Brasilia on 26 October 2011, in two copies, in French and in Portuguese, both texts being equally authentic.

   
FOR THE COMPETENT FOR THE COMPETENT
AUTHORITY OF QUÉBEC AUTHORITY OF THE
MONIQUE GAGNON-TREMBLAY FEDERATIVE REPUBLIC
Minister of International OF BRAZIL
Relations and Minister GARIBALDI ALVES FILHO
responsible for La Francophonie Federal Minister of Social Welfare
   
276-2016O.C. 276-2016, Sch. 2.