View Treaty - E105367

Administrative Agreement between the Government of Canada and the Government of the Republic of Bulgaria for the implementation of the Agreement on Social Security between Canada and the Republic of Bulgaria

E105367

PURSUANT to Article 19 of the Agreement on Social Security between Canada and the Republic of Bulgaria, done at Ottawa on October 5th, 2012, the Parties:

HAVE AGREED on the following:

Article 1

Definitions

1. In this Administrative Agreement, “Agreement on Social Security” means the Agreement on Social Security between Canada and the Republic of Bulgaria, done
   at Ottawa on October 5th, 2012.
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 Minister of Labour and Social Policy of Bulgaria.
3. Any other term shall have the meaning assigned to it in the Agreement on Social Security or the applicable legislation.

Article 2

Liaison Agencies

1. The competent authorities designate the following organizations as their liaison agencies:
   1. for Canada:
      1. the International Operations Division, Service Canada, Department of Human Resources and Skills Development for all matters except the application of Articles 6 to 11 of the Agreement on Social Security and Article 3 of this Administrative Agreement; and
      2. the Legislative Policy Directorate, Canada Revenue Agency for the application of Articles 6 to 11 of the Agreement on Social Security and Article 3 of this Administrative Agreement; and
   2. for Bulgaria:
      1. The National Social Insurance Institute for all matters except the application of Part II of the Agreement on Social Security and Article 3 of this Administrative Agreement; and
      2. The National Revenue Agency for the application of Articles 6 to 11 of the Agreement on Social Security and Article 3 of this Administrative Agreement.
2. The objective of the liaison agencies is to facilitate the application of the Agreement on Social Security and to ensure that necessary measures are taken to ensure efficiency and administrative simplicity.

Article 3

Coverage for Employed and Self-employed Persons

1. In the cases set out in Article 6(b), Article 7, Article 8 and Article 11 of the Agreement on Social Security, the responsible liaison agency whose legislation is applicable shall, on request, issue a certificate of fixed duration certifying that, in respect of the work in question, the employed person and that person’s employer or the self-employed person are subject to that legislation. The employed person as well as that person’s employer or the self-employed person and the liaison agency shall receive a copy of the certificate from the issuing liaison agency.
2. A certificate confirming the applicable legislation shall be issued for each individual period of detachment. The total period of detachment shall not exceed 60 months unless it is extended under Article 7 of the Agreement on Social Security.
3. The liaison agency of a Party which issues a certificate confirming the applicable legislation shall send a copy of that certificate to the liaison agency of the other Party.

Article 4

Processing a Claim

1. If a liaison agency receives a claim for a pension under the legislation applied by the other liaison agency, it shall, without delay, send the claim to the other liaison agency, and indicate the date on which the claim was received.
2. Along with the claim, the liaison agency shall transmit any documentation available to it which may be necessary for the other liaison agency to establish the claimant’s eligibility for a pension.
3. The liaison agency shall certify the personal information regarding an individual contained in the claim and shall confirm that the information is corroborated by documentary evidence. Once the liaison agency transmits the certified form to the other liaison agency, it is exempt from sending the documentary evidence. The liaison agencies shall mutually decide on the type of information to which this applies.
4. A liaison agency shall, to the extent permitted by law, provide to the other liaison agency the available medical information and documentation concerning the disability of a claimant or beneficiary.
5. In addition to the claim and documentation referred to in paragraphs 1, 2, 3, and 4, the liaison agency initiating the process shall send to the other liaison agency a liaison form which indicates, in particular, the creditable periods under the legislation which it applies.
6. The liaison agency responsible for adjudicating a claim shall determine the claimant’s eligibility and shall notify both the claimant and the other liaison agency of its decision to grant the pension. This notification shall include information regarding the amount of the pension, the method of payment of the pension, the effective date of payment and any retroactive payment that may be granted.
7. The liaison agency responsible for adjudicating a claim shall notify both the claimant and the other liaison agency of its decision to deny a pension, the reason for the denial of the pension, the claimant’s right to appeal and describe how the claimant may exercise the right to appeal.

Article 5

Medical Examinations

1. If a medical examination is required by a liaison agency for a claimant or a beneficiary who resides in the territory of the country where the other liaison agency is situated, that liaison agency, at the request of the first liaison agency, shall arrange this examination according to the rules applied by the liaison agency making the arrangements. The liaison agency which requests the medical examination shall pay for the examination.
2. On receipt of a detailed annual statement of the costs incurred, to be issued by 1 January of each year, each liaison agency shall, by 31 March of the same year, reimburse the other liaison agency for the amounts due as a result of applying the provisions of paragraph 1.
3. A liaison agency may refuse to make arrangements for additional medical examinations if the other liaison agency does not comply with paragraph 2.

Article 6

Exchange of Statistics

The competent institutions 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 pensions paid, by type of pension.

Article 7

Forms and Detailed Procedures

1. The liaison agencies shall mutually agree on the forms and the details of the procedures necessary to implement the Agreement on Social Security and this Administrative Agreement.
2. A liaison agency may refuse to accept information from, or provide information to, the other liaison agency if that other liaison agency does not request or provide information using the forms that the liaison agencies have mutually decided on.

Article 8

Entry into Force

This Administrative Agreement shall enter into force on the date of 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 by their respective Governments, have signed this Administrative Agreement.

DONE in duplicate at Ottawa, this 5th day of October 2012, in the English, French and Bulgarian languages, each text being equally authentic.

Diane Finley
FOR THE GOVERNMENT
OF CANADA 

Totyu Mladenov
FOR GOVERNENMENT OF
THE REPUBLIC OF BULGARIA