R-9, r. 22.1 - Regulation respecting the implementation of the Agreement on Social Security between the Gouvernement du Québec and the Government of the Republic of India

Full text
SCHEDULE 2
(s. 2)
ADMINISTRATIVE ARRANGEMENT FOR THE IMPLEMENTATION OF THE UNDERSTANDING ON SOCIAL SECURITY BETWEEN QUÉBEC AND THE REPUBLIC OF INDIA
THE COMPETENT AUTHORITY OF QUÉBEC
AND
THE COMPETENT AUTHORITY OF THE REPUBLIC OF INDIA
CONSIDERING Article 16 of the Understanding on Social Security between Québec and the Republic of India;
HAVE REACHED THE FOLLOWING ARRANGEMENT:
ARTICLE 1
DEFINITIONS
In this Administrative Arrangement,
(a) the term “Understanding” shall mean the Understanding on Social Security between Québec and the Republic of India;
(b) all other terms shall have the meaning given to them in Article 1 of the Understanding.
ARTICLE 2
LIAISON AGENCIES
In accordance with the provisions of paragraph 2 of Article 16 of the Understanding, the liaison agencies designated by each of the Parties shall be:
(a) as regards Québec, the Bureau des ententes de sécurité sociale of the Régie des rentes du Québec or any other agency or competent authority that the gouvernement du Québec may subsequently designate;
(b) as regards India, the Employees’ Provident Fund Organisation.
ARTICLE 3
CERTIFICATE OF COVERAGE
1. For the purposes of Articles 7, 8, paragraph 1 of Article 10 and Article 11 of the Understanding, 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 India when the person remains subject to the legislation of India.
2. The liaison agency issuing the certificate of coverage shall forward a copy of that certificate to the other liaison agency mentioned in paragraph 1, to the person concerned and, if applicable, to the employer of that person.
3. For the purpose of Article 11 of the Understanding, exception to the provisions on coverage must be the result of a joint agreement between the liaison agency of India and the liaison agency of Québec who are in charge of obtaining the decision from their respective competent institutions.
ARTICLE 4
BENEFITS
1. For the purposes of Part III of the Understanding, a claim for benefits under the Understanding may be filed with the liaison agency of either Party, or with the competent institution of the Party whose legislation applies, along with the required supporting documents.
2. When a claim for benefits referred to in paragraph 1 is filed with a liaison agency, that agency shall forward the claim to the competent institution of the Party whose legislation applies, along with copies of the required supporting documents it has certified as being true copies of the originals.
3. A copy of the claim and supporting documents shall be kept by the liaison agency with which the claim was initially filed and, if requested, a copy shall 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 liaison agency of a Party, the competent institution or liaison agency of the other Party shall indicate on the liaison form the insurance periods recognized under the legislation that it applies.
6. As soon as it reaches a decision on a claim under the legislation it applies, 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.
MISCELLANEOUS AND FINAL PROVISIONS
ARTICLE 5
REIMBURSEMENT BETWEEN INSTITUTIONS
1. For the purposes of Article 24 of the Understanding, at the end of each calendar year, when the competent institution of one Party has carried out with examinations on behalf of and at the expense of the competent institution of the other Party, the competent institution of the first Party shall forward to the liaison agency of the other Party a request for reimbursement of the fees pertaining to the examinations carried out during that year, indicating the amount owed.
2. The amounts owed must be paid during the semester following the date of receipt of the requests for reimbursement, addressed in accordance with the provisions of paragraph 1.
ARTICLE 6
FORMS
The model of the attestations or forms required for the administration of the Understanding and this Administrative Arrangement is established, by mutual agreement, by the liaison agencies of both Parties.
ARTICLE 7
STATISTICS
The liaison agencies of both Parties shall exchange statistical data, in the form agreed upon, concerning payments made to beneficiaries for the purpose of the application of Title III of the Understanding during each calendar year. Such data shall include the number of beneficiaries and the total amount of benefits by category.
ARTICLE 8
COMMENCEMENT AND DURATION
This Administrative Arrangement shall come into force on the same day as the Understanding and its duration shall be the same as that of the Understanding.
Signed at Québec on 26 November 2013, in two originals, each in English, Hindi and French, all texts being equally authentic.
   
FOR THE GOUVERNEMENT DU QUÉBEC FOR THE GOVERNMENT OF THE REPUBLIC OF INDIA
JEAN-FRANÇOIS LISÉE VAYALAR RAVI
O.C. 917-2016, .Sch. 2.
SCHEDULE 2
(s. 2)
ADMINISTRATIVE ARRANGEMENT FOR THE IMPLEMENTATION OF THE UNDERSTANDING ON SOCIAL SECURITY BETWEEN QUÉBEC AND THE REPUBLIC OF INDIA
THE COMPETENT AUTHORITY OF QUÉBEC
AND
THE COMPETENT AUTHORITY OF THE REPUBLIC OF INDIA
CONSIDERING Article 16 of the Understanding on Social Security between Québec and the Republic of India;
HAVE REACHED THE FOLLOWING ARRANGEMENT:
ARTICLE 1
DEFINITIONS
In this Administrative Arrangement,
(a) the term “Understanding” shall mean the Understanding on Social Security between Québec and the Republic of India;
(b) all other terms shall have the meaning given to them in Article 1 of the Understanding.
ARTICLE 2
LIAISON AGENCIES
In accordance with the provisions of paragraph 2 of Article 16 of the Understanding, the liaison agencies designated by each of the Parties shall be:
(a) as regards Québec, the Bureau des ententes de sécurité sociale of the Régie des rentes du Québec or any other agency or competent authority that the gouvernement du Québec may subsequently designate;
(b) as regards India, the Employees’ Provident Fund Organisation.
ARTICLE 3
CERTIFICATE OF COVERAGE
1. For the purposes of Articles 7, 8, paragraph 1 of Article 10 and Article 11 of the Understanding, 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 India when the person remains subject to the legislation of India.
2. The liaison agency issuing the certificate of coverage shall forward a copy of that certificate to the other liaison agency mentioned in paragraph 1, to the person concerned and, if applicable, to the employer of that person.
3. For the purpose of Article 11 of the Understanding, exception to the provisions on coverage must be the result of a joint agreement between the liaison agency of India and the liaison agency of Québec who are in charge of obtaining the decision from their respective competent institutions.
ARTICLE 4
BENEFITS
1. For the purposes of Part III of the Understanding, a claim for benefits under the Understanding may be filed with the liaison agency of either Party, or with the competent institution of the Party whose legislation applies, along with the required supporting documents.
2. When a claim for benefits referred to in paragraph 1 is filed with a liaison agency, that agency shall forward the claim to the competent institution of the Party whose legislation applies, along with copies of the required supporting documents it has certified as being true copies of the originals.
3. A copy of the claim and supporting documents shall be kept by the liaison agency with which the claim was initially filed and, if requested, a copy shall 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 liaison agency of a Party, the competent institution or liaison agency of the other Party shall indicate on the liaison form the insurance periods recognized under the legislation that it applies.
6. As soon as it reaches a decision on a claim under the legislation it applies, 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.
MISCELLANEOUS AND FINAL PROVISIONS
ARTICLE 5
REIMBURSEMENT BETWEEN INSTITUTIONS
1. For the purposes of Article 24 of the Understanding, at the end of each calendar year, when the competent institution of one Party has carried out with examinations on behalf of and at the expense of the competent institution of the other Party, the competent institution of the first Party shall forward to the liaison agency of the other Party a request for reimbursement of the fees pertaining to the examinations carried out during that year, indicating the amount owed.
2. The amounts owed must be paid during the semester following the date of receipt of the requests for reimbursement, addressed in accordance with the provisions of paragraph 1.
ARTICLE 6
FORMS
The model of the attestations or forms required for the administration of the Understanding and this Administrative Arrangement is established, by mutual agreement, by the liaison agencies of both Parties.
ARTICLE 7
STATISTICS
The liaison agencies of both Parties shall exchange statistical data, in the form agreed upon, concerning payments made to beneficiaries for the purpose of the application of Title III of the Understanding during each calendar year. Such data shall include the number of beneficiaries and the total amount of benefits by category.
ARTICLE 8
COMMENCEMENT AND DURATION
This Administrative Arrangement shall come into force on the same day as the Understanding and its duration shall be the same as that of the Understanding.
Signed at Québec on 26 November 2013, in two originals, each in English, Hindi and French, all texts being equally authentic.
   
FOR THE GOUVERNEMENT DU QUÉBEC FOR THE GOVERNMENT OF THE REPUBLIC OF INDIA
JEAN-FRANÇOIS LISÉE VAYALAR RAVI
O.C. 917-2016, .Sch. 2.