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R-9, r. 20.1 - Regulation respecting the implementation of the First Amendment to the Agreement on Social Security Between the Gouvernement du Québec and the Government of the French Republic signed at Paris on 17 December 2003

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Full text
Schedule 2
(s. 2)
FIRST AMENDMENT TO THE ADMINISTRATIVE ARRANGEMENT FOR THE IMPLEMENTATION OF THE AGREEMENT ON SOCIAL SECURITY BETWEEN THE GOUVERNEMENT DU QUÉBEC AND THE GOVERNMENT OF THE FRENCH REPUBLIC SIGNED 17 AND 30 DECEMBER 2003
The Minister of International Relations and La Francophonie of Québec and the Minister of Social Affairs and Health of the French Republic,
DESIROUS to amend the Administrative Arrangement for the implementation of the Agreement on Social Security Between the Gouvernement du Québec and the Government of the French Republic, signed on 17 and 30 December 2003 (hereinafter the “Administrative Arrangement”),
HAVE AGREED TO THE FOLLOWING PROVISIONS:
ARTICLE 1
Subparagraphs (a) and (b) of paragraph 1 of Article 4 of the Administrative Arrangement shall be replaced by the following provisions:
“(a) for Québec,
(i) the persons employed by the Gouvernement du Québec and governed by the Public Service Act;
(ii) employees of the Gouvernement du Québec assigned to the Délégation générale du Québec à Paris (DGQP), its immigration office and the Investissement Québec office as well as any other person mandated to represent the Gouvernement du Québec in France;
(b) for France,
(i) persons in government employment and military service and similar personnel;
(ii) salaried personnel other than the personnel referred to in subparagraph (i) above, working for a French public administration and who, assigned in the territory of Québec, remain subject to the French social security plan.
(iii) diplomatic and consular staff of the Consulate General of France in Québec and in Montréal, the diplomatic staff of the Embassy of France in Ottawa residing and working exclusively in the territory of Québec, officials or contractual expatriate people employed in public industrial and commercial establishment, as well as members of the permanent representation of France to the International Civil Aviation Organization (ICAO).”
ARTICLE 2
In paragraph 2 of Article 5 of the Administrative Arrangement, the words “la Régie des rentes du Québec” shall be replaced by the words “Retraite Québec”.
ARTICLE 3
In the title of Chapter 1 of Title III of the Administrative Arrangement, after the words “old age”, the word “, disability” shall be inserted.
ARTICLE 4
Subject to Article 8 of the First amendment to the Agreement of 17 December 2003, Chapter 2 of Title III of the Administrative Arrangement shall be repealed.
ARTICLE 5
(1) In paragraphs (a) and (b) of Article 19 and paragraph 3 of Article 34 of the Administrative Arrangement, the words “Commission de la santé et de la sécurité du travail” shall be replaced by the words “Commission des normes, de l’équité, de la santé et de la sécurité du travail”.
(2) In paragraph (a) of Article 19 and sub-paragraph (b) of paragraph 1 of Article 20 of the Administrative Arrangement, the initials “CSST” shall be replaced by the initials “CNESST”.
ARTICLE 6
Article 28 of the Administrative Arrangement shall be replaced by the following provisions:
“ARTICLE 28
Family Benefits
For France, the term “family benefits” means the family allowances and the birth or adoption grant of the early childhood benefit program.
ARTICLE 7
Article 29 of the Administrative Arrangement shall be repealed.
ARTICLE 8
Article 30 of the Administrative Arrangement shall be replaced by the following provisions:
“ARTICLE 30
Notice to Competent Institutions
The persons referred to in Article 48 of the Agreement going from France to Québec must so inform their French competent institution by presenting the certificate which is mentioned in Article 3 of this Arrangement.”.
ARTICLE 9
Subparagraphs (a) and (b) of Article 31 of the Administrative Arrangement shall be replaced by the following provisions:
“(a) in Québec,
the Bureau des ententes de sécurité sociale of Retraite Québec, except as regards reimbursements provided for in paragraph 1 of Article 57 of the Agreement and Articles 34 and 35 of the Administrative Arrangement, the Régie de l’assurance maladie du Québec for sickness and maternity or the CNESST for benefits in case of industrial accidents or occupational diseases;
(b) in France,
the Centre des liaisons européennes et internationales de sécurité sociale, except as regards reimbursements provided for in Article 57 of the Agreement and Articles 34 and 35 of the Administrative Arrangement, the Caisse nationale d’assurance maladie des travailleurs salariés (CNAMTS) or the caisse primaire d’assurance maladie (CPAM) it has designated for this purpose.”.
ARTICLE 10
Article 37 of the Administrative Arrangement shall be replaced by the following provisions:
“ARTICLE 37
Forms
1. The form and content of certificates or forms necessary for the application of the Agreement and the Administrative Arrangement are adopted jointly by the competent institutions and the liaison agencies designated by the competent authorities in accordance with Article 49 of the Agreement.
2. Validated certificates or forms shall be the subject of mutual notification by the competent authorities of the Parties. They shall be made available to competent institutions by the liaison agencies.
3. The procedure set forth in paragraph 2 of this Article shall also apply to any modifications agreed upon, by common consent between the competent institutions and the liaison agencies, to the certificates or forms referred to in paragraph 1 of this Article.
4. To facilitate the application of the Agreement and the Administrative Arrangement, the competent institutions and the liaison agencies may agree on ways to exchange data electronically or by other secure means.”.
ARTICLE 11
The Supplementary Administrative Arrangement of 19 and 26 October 2004 providing the model forms necessary for the application of the Agreement and the Administrative Arrangement shall be repealed. Nevertheless, the certificates and forms provided therein shall remain in force. The forms and certificates subsequently adopted shall be the subject of the mutual notification provided for in Article 37 of the Administrative Arrangement as amended by Article 10 of this Amendment.
ARTICLE 12
This First Amendment to the Administrative Arrangement shall enter into force on the same date as the First Amendment to the Agreement of 17 December 2003.
Done at Québec, on 28 April 2016, in duplicate in the French language.
THE MINISTER OF INTERNATIONAL RELATIONS AND LA FRANCOPHONIE OF QUÉBECFOR THE MINISTER OF SOCIAL AFFAIRS AND HEALTH OF THE FRENCH REPUBLIC
________________________________________________________
CHRISTINE ST-PIERRENICOLAS CHIBAEFF
 General Consul of France in Québec
O.C. 806-2017, Sch. 2.
Schedule 2
(s. 2)
FIRST AMENDMENT TO THE ADMINISTRATIVE ARRANGEMENT FOR THE IMPLEMENTATION OF THE AGREEMENT ON SOCIAL SECURITY BETWEEN THE GOUVERNEMENT DU QUÉBEC AND THE GOVERNMENT OF THE FRENCH REPUBLIC SIGNED 17 AND 30 DECEMBER 2003
The Minister of International Relations and La Francophonie of Québec and the Minister of Social Affairs and Health of the French Republic,
DESIROUS to amend the Administrative Arrangement for the implementation of the Agreement on Social Security Between the Gouvernement du Québec and the Government of the French Republic, signed on 17 and 30 December 2003 (hereinafter the “Administrative Arrangement”),
HAVE AGREED TO THE FOLLOWING PROVISIONS:
ARTICLE 1
Subparagraphs (a) and (b) of paragraph 1 of Article 4 of the Administrative Arrangement shall be replaced by the following provisions:
“(a) for Québec,
(i) the persons employed by the Gouvernement du Québec and governed by the Public Service Act;
(ii) employees of the Gouvernement du Québec assigned to the Délégation générale du Québec à Paris (DGQP), its immigration office and the Investissement Québec office as well as any other person mandated to represent the Gouvernement du Québec in France;
(b) for France,
(i) persons in government employment and military service and similar personnel;
(ii) salaried personnel other than the personnel referred to in subparagraph (i) above, working for a French public administration and who, assigned in the territory of Québec, remain subject to the French social security plan.
(iii) diplomatic and consular staff of the Consulate General of France in Québec and in Montréal, the diplomatic staff of the Embassy of France in Ottawa residing and working exclusively in the territory of Québec, officials or contractual expatriate people employed in public industrial and commercial establishment, as well as members of the permanent representation of France to the International Civil Aviation Organization (ICAO).”
ARTICLE 2
In paragraph 2 of Article 5 of the Administrative Arrangement, the words “la Régie des rentes du Québec” shall be replaced by the words “Retraite Québec”.
ARTICLE 3
In the title of Chapter 1 of Title III of the Administrative Arrangement, after the words “old age”, the word “, disability” shall be inserted.
ARTICLE 4
Subject to Article 8 of the First amendment to the Agreement of 17 December 2003, Chapter 2 of Title III of the Administrative Arrangement shall be repealed.
ARTICLE 5
(1) In paragraphs (a) and (b) of Article 19 and paragraph 3 of Article 34 of the Administrative Arrangement, the words “Commission de la santé et de la sécurité du travail” shall be replaced by the words “Commission des normes, de l’équité, de la santé et de la sécurité du travail”.
(2) In paragraph (a) of Article 19 and sub-paragraph (b) of paragraph 1 of Article 20 of the Administrative Arrangement, the initials “CSST” shall be replaced by the initials “CNESST”.
ARTICLE 6
Article 28 of the Administrative Arrangement shall be replaced by the following provisions:
“ARTICLE 28
Family Benefits
For France, the term “family benefits” means the family allowances and the birth or adoption grant of the early childhood benefit program.
ARTICLE 7
Article 29 of the Administrative Arrangement shall be repealed.
ARTICLE 8
Article 30 of the Administrative Arrangement shall be replaced by the following provisions:
“ARTICLE 30
Notice to Competent Institutions
The persons referred to in Article 48 of the Agreement going from France to Québec must so inform their French competent institution by presenting the certificate which is mentioned in Article 3 of this Arrangement.”.
ARTICLE 9
Subparagraphs (a) and (b) of Article 31 of the Administrative Arrangement shall be replaced by the following provisions:
“(a) in Québec,
the Bureau des ententes de sécurité sociale of Retraite Québec, except as regards reimbursements provided for in paragraph 1 of Article 57 of the Agreement and Articles 34 and 35 of the Administrative Arrangement, the Régie de l’assurance maladie du Québec for sickness and maternity or the CNESST for benefits in case of industrial accidents or occupational diseases;
(b) in France,
the Centre des liaisons européennes et internationales de sécurité sociale, except as regards reimbursements provided for in Article 57 of the Agreement and Articles 34 and 35 of the Administrative Arrangement, the Caisse nationale d’assurance maladie des travailleurs salariés (CNAMTS) or the caisse primaire d’assurance maladie (CPAM) it has designated for this purpose.”.
ARTICLE 10
Article 37 of the Administrative Arrangement shall be replaced by the following provisions:
“ARTICLE 37
Forms
1. The form and content of certificates or forms necessary for the application of the Agreement and the Administrative Arrangement are adopted jointly by the competent institutions and the liaison agencies designated by the competent authorities in accordance with Article 49 of the Agreement.
2. Validated certificates or forms shall be the subject of mutual notification by the competent authorities of the Parties. They shall be made available to competent institutions by the liaison agencies.
3. The procedure set forth in paragraph 2 of this Article shall also apply to any modifications agreed upon, by common consent between the competent institutions and the liaison agencies, to the certificates or forms referred to in paragraph 1 of this Article.
4. To facilitate the application of the Agreement and the Administrative Arrangement, the competent institutions and the liaison agencies may agree on ways to exchange data electronically or by other secure means.”.
ARTICLE 11
The Supplementary Administrative Arrangement of 19 and 26 October 2004 providing the model forms necessary for the application of the Agreement and the Administrative Arrangement shall be repealed. Nevertheless, the certificates and forms provided therein shall remain in force. The forms and certificates subsequently adopted shall be the subject of the mutual notification provided for in Article 37 of the Administrative Arrangement as amended by Article 10 of this Amendment.
ARTICLE 12
This First Amendment to the Administrative Arrangement shall enter into force on the same date as the First Amendment to the Agreement of 17 December 2003.
Done at Québec, on 28 April 2016, in duplicate in the French language.
THE MINISTER OF INTERNATIONAL RELATIONS AND LA FRANCOPHONIE OF QUÉBECFOR THE MINISTER OF SOCIAL AFFAIRS AND HEALTH OF THE FRENCH REPUBLIC
________________________________________________________
CHRISTINE ST-PIERRENICOLAS CHIBAEFF
 General Consul of France in Québec
O.C. 806-2017, Sch. 2.
© Gouvernement du Québec