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Administrative Agreement Between the Government of Canada and the Government of Romania for the Application of the Agreement on Social Security Between Canada and Romania

E105251

THE GOVERNMENT OF CANADA and THE GOVERNMENT OF ROMANIA,

PURSUANT TO paragraph 1 of Article 18 of the Agreement on Social Security between Canada and Romania,

HAVE AGREED as follows:

Article 1

Definitions

  1. For the purposes of this Administrative Agreement, “Agreement on Social Security” means the Agreement on Social Security between Canada and Romania, done at Ottawa on 19 November 2009.
  2. For the purposes of this Administrative Agreement, “competent authority” means the Department of Human Resources and Skills Development of Canada, the Canada Revenue Agency, and the Ministry of Labour, Family and Social Protection of Romania.
  3. ]Any other term shall have the meaning given to it in the Agreement on Social Security.

Article 2

Liaison Bodies

Pursuant to paragraph 2 of Article 18 of the Agreement on Social Security, the following organizations are designated as the liaison bodies:

  1. for the Department of Human Resources and Skills Development of Canada and the Canada Revenue Agency:
    1. in regard to all matters except the application of Articles 6 to 10 of the Agreement on Social Security and Article 3 of this Administrative Agreement, the International Operations Division, Service Canada, Department of Human Resources and Skills Development, and
    2. in regard to the application of Articles 6 to 10 of the Agreement on Social Security and Article 3 of this Administrative Agreement, the Legislative Policy Directorate, Canada Revenue Agency;
  2. for the Ministry of Labour, Family and Social Protection of Romania, the National House for Pensions and other Social Insurance Rights.

Article 3

Coverage of Employed and Self-employed Persons

  1. In cases as provided for in Article 6(b) and Articles 7, 8 and 10 of the Agreement on Social Security, the liaison body whose legislation applies shall, on request, issue a certificate of fixed duration certifying, in respect of the work in question, that the employed person and that person's employer or the self-employed person are subject to that legislation. The employed person in question as well as that person's employer, the self-employed person and the other liaison body shall receive a copy of the certificate from the liaison body which issues it. The certificate shall be evidence that the employee or the self-employed person is exempt from compulsory coverage under the legislation applied by the other liaison body.
  2. In cases described in paragraph 3 of Article 9 of the Agreement on Social Security, all the requirements prescribed for employers by the applicable legislation shall be respected.

Article 4

Processing a Claim

  1. If a liaison body receives a claim for a benefit under the legislation applied by the other liaison body, it shall, without delay, send the claim to the other liaison body, indicating the date on which the claim has been received.
  2. Along with the claim, the first liaison body shall also transmit any documentation available to it which may be necessary for the other liaison body to establish the claimant's eligibility for the benefit.
  3. The personal information regarding an individual contained in the claim shall be certified by the liaison body which will confirm that the information is corroborated by documentary evidence; the transmission of the form so certified shall exempt the liaison body from sending the supporting documents. The type of information to which this paragraph applies shall be mutually decided upon by the liaison bodies.
  4. The liaison body shall provide, upon request, to the other liaison body any available medical information and documentation concerning the invalidity of a claimant or beneficiary.
  5. In addition to the claim and documentation referred to in this Article, the first liaison body shall send to the other liaison body a liaison form which will indicate, in particular, the creditable periods under its legislation.
  6. The other liaison body shall subsequently determine the claimant's eligibility and notify both the claimant and the first liaison body of the decision to grant or deny benefits.

Article 5

Medical Examinations

  1. The liaison bodies shall arrange medical examinations on each other's behalf in accordance with the provisions of paragraph 3 of Article 19 of the Agreement on Social Security.
  2. On receipt of a detailed annual statement of the costs incurred to be issued prior to 31 December of each year, the first liaison body shall, in a timely manner within the following year, reimburse the other liaison body for the amounts due as a result of arranging medical examinations.
  3. A liaison body may refuse to make arrangements for additional medical examinations if the other liaison body does not comply with the provisions of paragraph 2 of this Article.

Article 6

Exchange of Statistics

The competent authorities shall exchange statistics on an annual basis regarding the payments which each has made under the Agreement on Social Security. These statistics shall include data on the number of beneficiaries and the total amount of benefits paid, by type of benefit.

Article 7

Forms and Detailed Procedures

  1. Subject to this Administrative Agreement, the liaison bodies shall mutually decide upon the forms and detailed procedures necessary to implement the Agreement on Social Security.
  2. A liaison body may refuse to accept a claim for a benefit under the legislation applied by the other liaison body if that claim is not submitted on the agreed form.
  3. A liaison body may refuse to accept information from or provide information to the other liaison body if that liaison body does not request or provide information on the agreed liaison form.

Article 8

Entry into Force

This Administrative Agreement shall enter into force on the date of the entry into force of the Agreement on Social Security and shall terminate upon termination of the Agreement on Social Security.


IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this Agreement.

SIGNED in duplicate at Bucharest, this 1st day of June 2010, in the English, French and Romanian languages, each version being equally authentic.

Philippe Beaulne
FOR THE GOVERNMENT OF CANADA

Mihai Seitan
FOR THE GOVERNMENT OF ROMANIA


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