View Treaty - E105388
Implementing Agreement concerning the Agreement between the Government of Canada and the Government of the French Republic on Social Security
The Government of Canada and the Government of the French Republic, hereinafter the “Contracting States”,
In accordance with Article 24 of the Agreement between the Government of Canada and the Government of the French Republic on Social Security, done at Ottawa, on 14 March 2013.
HAVE AGREED as follows:
Part I - General Provisions
Article 1
Definitions
- For the purposes of this Implementing Agreement:
- (a) the term “Agreement” means the Agreement between the Government of Canada and the Government of the French Republic on Social Security, at Ottawa on 14 March 2013.
- (b) the term “Implementing Agreement” means this Implementing Agreement concerning the Agreement between the Government of Canada and the Government of the French Republic on Social Security.
- Any other term has the meaning assigned to it in the Agreement.
Article 2
Liaison Agencies
- The competent authorities shall designate the following as their liaison agencies, in accordance with Article 24(2) of the Agreement:
- (a) for France:
- (i) the Centre des liaisons européennes et internationales de sécurité sociale.
- (b) for Canada:
- (i) the International Operations Division, Service Canada, for all matters except the application of Articles 6 to 9 of the Agreement and Part II of this Implementing Agreement;
- (ii) the Legislative Policy Directorate, Canada Revenue Agency, for the application of Articles 6 to 9 of the Agreement and Part II of this Implementing Agreement.
- (a) for France:
Part II - Provisions Concerning Applicable Legislation
Article 3
Detached Workers
- In the cases referred to in Article 7(1)(a) and 7(2)(b) of the Agreement, the agencies identified below shall issue, at the employer’s request, a certificate of coverage indicating which legislation applies to a detached worker and the period for which that legislation applies. The certificate shall be issued:
- (a) as regards France,
- (i) by the fund that covers the salaried worker or, in regard to salaried employees in the general plan, by the fund for the district where the employer is located;
- (b) as regards Canada,
- (i) by the Canada Revenue Agency.
- (a) as regards France,
- The certificate of coverage issued in accordance with the preceding paragraph is kept by the employer receiving the detached salaried worker abroad. In this case, the certificate establishes that the worker is exempt from the legislation of the Contracting State where the temporary workplace is located. Employers established in Canada that employ salaried employees detached to France are required to certify that the worker has health care coverage as set out in Article 7(1)(c) of the Agreement. Dependants who accompany the worker are also required to have this coverage unless they are subject to the legislation of France as a result of a professional activity.
-
- (a) If the duration of the initial detachment exceeds the period set out in Article 7(1)(a) of the Agreement, prior to the end of that period:
- (i) the employer established in Canada is required to submit to the Canada Revenue Agencythe application to extend a detachment from Canada to France;
- (ii) the employer established in France is required to submit to the Centre des liaisons européennes et internationales de sécurité sociale the application to extend a detachment from France to Canada.
- (b) If the liaison agency receiving the application deems that an extension is warranted, it shall request the consent of the liaison agency of the Contracting State that receives the detached salaried worker. The employer is notified on receipt of this consent, and a new certificate of coverage is issued by the agencies referred to in paragraph 1. The provisions of paragraph 2 shall then apply.
- (a) If the duration of the initial detachment exceeds the period set out in Article 7(1)(a) of the Agreement, prior to the end of that period:
- For the purposes of Article 9 of the Agreement, a person or a category of persons can obtain an exemption from the legislation of the other Contracting State through the procedure described in paragraph 3.
- The competent institution of a Contracting State that issues the above-mentioned certificate shall then send a copy of this certificate to the liaison agency of the other Contracting State.
- Salaried workers who are detached for the periods provided for in Article 7 of the Agreement are not eligible for a new detachment prior to the end of a one-year period, subject to the provisions of Article 9(1) of the Agreement.
Part III - Provisions Concerning Benefits
Article 4
Processing a Claim
- The competent institution of a Contracting State that receives a claim for a benefit under the legislation of the other Contracting State shall promptly send the claim to the liaison agency or the competent institution of the other Contracting State indicating the date on which the claim was received.
- The documents submitted by the competent institution of the first Contracting State pursuant to paragraph 1 shall include:
- (a) the benefit application form completed in accordance with Article 26(1)(b)(i) of the Agreement;
- (b) all supporting evidence that the competent institution of the second Contracting State may require to determine whether an applicant is eligible for the benefit;
- (c) a liaison form indicating the insurance periods under the legislation of the first Contracting State
- The competent institution of the second Contracting State shall subsequently determine the applicant’s eligibility and notify the competent institution of the other Contracting State of any benefits granted to the applicant.
Article 5
Agreements with Third States
- For the application of Article 13 of the Agreement, the Contracting States shall provide one another with a list of social security agreements concluded with third States. This list, set out in Annex 1, is updated as new agreements with third States enter into force.
Article 6
Family Benefits
- For the purposes of Article 22 of the Agreement, the term “family benefits” includes:
- (a) family allowances;
- (b) birth and adoption premiums.
Article 7
Exchange of Statistics
- The competent institution for Canada and the liaison agency for France shall exchange, on an annual basis, statistics regarding the benefits paid under the Agreement. These statistics shall include data on the number of beneficiaries and the total amount of benefits paid, disaggregated by type of benefit.
Part IV - Other Provisions
Article 8
Forms and Detailed Procedures
- Pursuant to Article 24(3) of the Agreement, the format and content of the certificates and forms required to implement the Agreement and this Implementing Agreement shall be jointly established by the liaison agencies referred to in Article 2 of this Implementing Agreement.
- The certificates and forms established in accordance with paragraph 1 are submitted for validation to the competent authorities of the Contracting States. The competent authorities of the Contracting States shall notify each other of the validated forms and certificates.
- The forms established in accordance with paragraphs 1 and 2 may only be amended jointly by the competent authorities of the Contracting States. The forms specific to each Contracting State may be amended unilaterally provided that the other Contracting State is immediately notified:
- (a) for France, through the liaison agency;
- (b) for Canada, through the competent institution.
- The forms and certificates shall contain information relating to:
- (a) the applicable legislation, including the information described in Part II of this Implementing Agreement;
- (b) all information that may be useful to the competent institutions to process a payment for invalidity, old age, or survivor’s benefits to implement the provisions of Part II of the Agreement, including: civil status, family situation, statement of insurance periods and other information about the applicant’s professional career, medical reports for assessing applications for disability benefits.
- The competent institution or liaison agency of a Contracting State may refuse to process an application for benefits is not submitted on the prescribed form and may request that it be submitted on a form prescribed by this Implementing Agreement.
Article 9
Duration
- This Implementing Agreement is valid for the same period as the Agreement, in accordance with Article 33(1) of the Agreement.
- This Implementing Agreement ceases to have effect on the date that the Agreement ceases to have effect, in accordance with Article 33 of the Agreement.
Article 10
Entry into Force
- Each Contracting State shall notify the other, through diplomatic channels, of the completion of its constitutional or legislative procedures necessary for the entry into force of this Implementing Agreement.
- This Implementing Agreement enters into force on the first day of the fourth month following the date of receipt of the last notification.
IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective governments, have signed this Implementing Agreement.
DONE at Ottawa, this 14th day of March 2013, in duplicate, in the English and French languages, each version being equally authentic.
FOR THE GOVERNMENT OF CANADA - Michael James Flaherty
FOR THE GOVERNMENT OF THE FRENCH REPUBLIC - Yamina Benguigui
Appendix 1
International Agreements on Social Security to Which Canada Is a Signatory
Country | Signing of Agreement | Entry Into Force |
---|---|---|
* Limited agreement dealing only with the obligation to make contributions; does not contain provisions that provide for the totalizing of periods to assist in qualifying for benefits. | ||
Antigua and Barbuda | September 2, 1992 | January 1, 1994 |
Australia | July 4, 1988 | September 1, 1989 |
Austria | February 24, 1987 | November 1, 1987 |
Barbados | February 11, 1985 | January 1, 1986 |
Belgium | May 10, 1984 | January 1, 1987 |
Brazil | August 8, 2011 | |
Bulgaria | October 5, 2012 | |
Chile | November 18, 1996 | June 1, 1998 |
Croatia | April 22, 1998 | May 1, 1999 |
Cyprus | January 24, 1990 | May 1, 1991 |
Czech Republic | May 24, 2001 | January 1, 2003 |
Denmark | April 12, 1985 | January 1, 1986 |
Dominica | January 14, 1988 | January 1, 1989 |
Estonia | February 21, 2005 | November 1, 2006 |
Finland | October 28, 1986 | February 1, 1988 |
France | February 9, 1979 | March 1, 1981 |
Germany | November 14, 1985 | April 1, 1988 |
Greece | May 7, 1981 | May 1, 1983 |
Grenada | January 8, 1998 | February 1, 1999 |
Hungary | March 4, 2002 | October 1, 2003 |
Iceland | June 25, 1988 | October 1, 1989 |
India | November 6, 2012 | |
Ireland | November 29, 1990 | January 1, 1992 |
*Israel | April 9, 2000 | September 1, 2003 |
Italy | November 17, 1977 | January 1, 1979 |
Jamaica | January 10, 1983 | January 1, 1984 |
Japan | February 15, 2006 | March 1, 2008 |
Jersey, Guernsey | February 12, 1993 | January 1, 1994 |
Korea | January 10, 1997 | May 1, 1999 |
Latvia | June 29, 2005 | November 1, 2006 |
Lithuania | July 5, 2005 | November 1, 2006 |
Luxembourg | May 22, 1986 | April 1, 1990 |
Macedonia | August 26, 2009 | November 1, 2011 |
Malta | April 4, 1991 | March 1, 1992 |
Mexico | April 27, 1995 | May 1, 1996 |
Morocco | July 1, 1998 | March 1, 2010 |
Netherlands | February 26, 1987 | October 1, 1990 |
New Zealand | April 9, 1996 | May 1, 1997 |
Norway | November 12, 1985 | January 1, 1987 |
Philippines | September 9, 1994 | March 1, 1997 |
Poland | April 2, 2008 | October 1, 2009 |
Portugal | December 15, 1980 | May 1, 1981 |
Romania | November 19, 2009 | November 1, 2011 |
Saint Vincent and the Grenadines | January 6, 1998 | November 1, 1998 |
Slovakia | May 21, 2001 | January 1, 2003 |
Slovenia | May 17, 1998 | January 1, 2001 |
Spain | November 10, 1986 | January 1, 1988 |
Saint Kitts and Nevis | August 17, 1992 | January 1, 1994 |
St. Lucia | January 5, 1987 | January 1, 1988 |
Sweden | April 10, 1985 | January 1, 1986 |
Switzerland | February 24, 1994 | October 1, 1995 |
Trinidad and Tobago | April 9, 1997 | July 1, 1999 |
Turkey | June 19, 1998 | January 1, 2005 |
*United Kingdom | January 16, 1997 | April 1, 1998 |
United States | March 11, 1981 | August 1, 1984 |
Uruguay | June 2, 1999 | January 1, 2002 |
International Agreements on Social Security to Which France Is a Signatory
States Affected by Community Regulations Nos. 883/2004 and 987/2009 (since May 1, 2010) | States and entities with a Bilateral Agreement on Social Security with France | ||
---|---|---|---|
Signatory | Signing of Agreement | Entry into Force | |
Austria | Algeria | 01.10.1980 | 01.02.1982 |
Belgium | Andorra | 12.12.2000 | 01.06.2003 |
Bulgaria | Argentina | 22.09.2008 | 01.11.2012 |
Cyprus | Benin | 06.11.1979 | 01.09.1981 |
Czech Republic | Bosnia and Herzegovina | 03 and 04.12.2003 (application of the bilateral convention of 5/1/1950 with the former Yugoslavia) |
04.12.2003 |
Brazil | 15.12.2011 | ||
Denmark | Cameroon | 05.11.1990 | 01.03.1992 |
Estonia | Canada | 09.02.1979 | 01.03.1981 |
Finland | Cap Verde | 15.01.1980 | 01.04.1983 |
Germany | Chile | 25.06.1999 | 01.09.2001 |
Greece | Congo | 11.02.1987 | 01.06.1988 |
Hungary | Côte d’Ivoire | 16.01.1985 | 01.01.1987 |
Iceland (since June 1, 2012) |
Croatia | 09 and 12.10.1995 (application of the bilateral convention of 5/1/1950 with the former Yugoslavia) |
12.10.1995 |
Ireland | Gabon | 02.10.1980 | 01.02.1983 |
Italy | Guernsey, Alderney, Herm, Jethou | 10.07.1956 (bilateral convention of 10/7/1956 with the United Kingdom) |
01.05.1958 |
India | 30.09.2008 | 01.07.2011 | |
Latvia | Israel | 17.12.1965 | 01.10.1966 |
Liechtenstein (since June 1, 2012) |
|||
Lithuania | Japan | 25.02.2005 | 01.06.2007 |
Luxembourg | Jersey | 10.07.1956 | 01.05.1958 |
Malta | Korea | 06.12.2004 | 01.06.2007 |
Netherlands | Macedonia | 13 and 14.12.1995 (application of the bilateral convention of 5/1/1950 with the former Yugoslavia) |
14.12.1995 |
Norway (since June 1, 2012) |
Madagascar | 08.05.1967 | 01.03.1968 |
Poland | Mali | 12.06.1979 | 01.06.1983 |
Portugal | Mauritania | 22.07.1965 | 01.02.1967 |
Romania | Monaco | 28.02.1952 | 01.04.1954 |
Slovakia | Montenegro | 26.03.2003 | 26.03.2003 |
Slovenia | Morocco | 22.10.2007 | 01.06.2011 |
Spain | Niger | 28.03.1973 | 01.11.1974 |
Sweden | Philippines | 07.02.1990 | 01.11.1994 |
Switzerland (since April 1, 2012) |
Quebec (province of Canada) | Entente 17.12.2003 | 01.12.2006 |
Protocol 19.12.1998 | 01.07.2000 and 01.01.2001** | ||
United Kingdom | San Marino | 12.07.1949 | 01.01.1951 |
Senegal | 29.03.1974 | 01.09.1976 | |
Serbia | 26.03.2003 | 26.03.2003 | |
Togo | 07.12.1971 | 01.07.1973 | |
Tunisia | 26.06.2003 | 01.04.2007 | |
Turkey | 20.01.1972 | 01.08.1973 | |
United States | 02.03.1987 | 01.07.1988 | |
Uruguay | 06.12.2010 | ||
** 01.07.2000 regarding the provisions concerning health care and 01.01.2001 regarding provisions concerning workers’ compensation insurance. |
Agreements With Overseas Collectivities
Signing of Agreement | Entry Into Force | |
---|---|---|
Mayotte | 26.08.2005 | 27.08.2005 |
New Caledonia | 19.11.2002 | 01.12.2002 |
Polynesia | 26.12.1994 | 01.01.1995 |