Proclamation Giving Notice that the Agreement on Social Security between Canada and the Kingdom of Norway Comes into Force on January 1, 2014 (SI/2013-129)

Agreement on Social Security Between Canada and the Kingdom of Norway

CANADA AND THE KINGDOM OF NORWAY, hereinafter referred to as the “Parties”,

NOTING the Agreement on Social Security between Canada and the Kingdom of Norway and its Final Protocol to that Agreement, done at Oslo on 12 November 1985,

DESIRING to strengthen even further the relations between them in the field of social security, and

TAKING INTO ACCOUNT changes in legislation since the signing of the aforementioned Agreement,

HAVE AGREED as follows:

PART IGeneral Provisions

ARTICLE 1Definitions

• 1 For the purposes of this Agreement:

  • (a) territory means, as regards Canada, the territory of Canada; and, as regards Norway, the territory of the Kingdom of Norway, including Svalbard and Jan Mayen;

  • (b) legislation means the laws and regulations specified in Article 2;

  • (c) competent authority means, as regards Canada, the Minister or Ministers responsible for the application of the legislation of Canada; and, as regards Norway, the Ministry responsible for the application of the legislation of Norway;

  • (d) competent institution means, as regards Canada, the competent authority; and, as regards Norway, the institution which is competent according to the legislation applicable;

  • (e) creditable period means, as regards Canada, a period of contribution used to acquire the right to a benefit under the Canada Pension Plan; a period during which a disability pension is payable under that Plan; or a period of residence used to acquire the right to a benefit under the Old Age Security Act; and, as regards Norway, a period of insurance, residence or pension point years used to acquire the right to a benefit under the legislation of Norway; a calendar year for which pension points have been credited for the purpose of calculating a supplementary pension by virtue of employment or other gainful occupation, shall be regarded as a whole year when computing the creditable period for a basic pension;

  • (f) benefit means any cash benefit, pension or allowance for which provision is made in the legislation of either Party and includes any supplements or increases applicable to such a cash benefit, pension or allowance;

  • (g) survivor’s pension means, as regards Norway, pension and transitional benefits to a survivor as specified by the applicable legislation of Norway and a children’s pension;

  • (h) continental shelf means the seabed and subsoil of the submarine areas that extend beyond the territorial sea throughout the natural prolongation of the land territory to the outer edge of the continental margin, or to a distance of 200 nautical miles from the baselines from which the breadth of the territorial sea is measured where the outer edge of the continental margin does not extend up to that distance.

• 2 Any term not defined in this Article has the meaning assigned to it in the applicable legislation.

ARTICLE 2Legislation to which this Agreement Applies

• 1 This Agreement shall apply to the following legislation:

  • (a) with respect to Canada:

    • (i) the Old Age Security Act and the regulations made thereunder;

    • (ii) the Canada Pension Plan and the regulations made thereunder;

  • (b) with respect to Norway:

    • (i) the provisions of the National Insurance Act of 28 February 1997 and the regulations made thereunder concerning old age pensions, disability benefits, funeral grant and survivor’s pension;

    • (ii) the Labour and Welfare Service Act of 16 June 2006 and the regulations made thereunder.

• 2 Subject to paragraph 3, this Agreement shall also apply to laws and regulations which amend, supplement, consolidate or supersede the legislation specified in paragraph 1.

• 3 This Agreement shall further apply to laws and regulations which extend the legislation of a Party to new categories of beneficiaries or to new benefits unless an objection on the part of that Party has been communicated to the other Party not later than six months following the entry into force of such laws and regulations.

ARTICLE 3Persons to whom this Agreement Applies

This Agreement shall apply to persons who are or who have been subject to the legislation of Canada or Norway and to their dependants and survivors, as specified by the applicable legislation of either Party.

ARTICLE 4Equality of Treatment

Unless otherwise provided in this Agreement, a person described in Article 3, regardless of nationality, shall be subject to the obligations of the legislation of a Party and shall be eligible for the benefits of that legislation under the same conditions as citizens of that Party.

ARTICLE 5Export of Benefits

• 1 Unless otherwise provided in this Agreement, benefits payable under the legislation of a Party to a person described in Article 3, including benefits acquired by virtue of this Agreement, shall not be subject to any reduction, modification, suspension or cancellation by reason only of the fact that the person stays or resides in the territory of the other Party, and these benefits shall be payable in the territory of the other Party.

• 2 Benefits under the legislation of a Party, including benefits acquired by virtue of this Agreement, shall be payable to a person described in Article 3 who stays or resides in the territory of a third State on the same conditions and to the same extent as to a citizen of that Party who stays or resides in the territory of a third State.

PART IIProvisions Concerning the Applicable Legislation

ARTICLE 6General Rules Regarding Coverage for Employed and Self-Employed Persons

Subject to Articles 7 to 11:

• 1 An employed person who works in the territory of a Party shall, in respect of that work, be subject only to the legislation of that Party.

• 2 A self-employed person who resides in the territory of a Party and who works for his or her own account in the territory of the other Party or in the territories of both Parties shall, in respect of that work, be subject only to the legislation of the Party in whose territory he or she resides.

ARTICLE 7Detachments

• 1 An employed person who is subject to the legislation of a Party and who works in the territory of the other Party for the same or related employer shall, in respect of that work, be subject only to the legislation of the first Party as though that work was performed in its territory. In the case of an assignment, this coverage may not be maintained for more than 60 months without the prior consent of the competent authorities of both Parties in accordance with Article 11.

• 2 Paragraph 1 shall not apply in the case of a person who is sent from the territory of Norway to the territory of Canada unless the person is on a Norwegian payroll as determined by the legislation of Norway.

• 3 For the purpose of applying the provisions of this Article, the period of 60 months shall be counted from the date on which the person is sent to work in the territory of the other Party.

• 4 For the purpose of the legislation of Norway, where, according to this Article, a person is subject to the legislation of Norway while residing in the territory of Canada, the spouse and children of the person who live with him or her and who are not subject to the legislation of Canada by reason of employment or self- employment shall be deemed to be resident in the territory of Norway.

• 5 With respect to this Article, unless otherwise provided in an understanding between the competent authority of Norway and the relevant authority of a province of Canada entered into pursuant to Article 31:

  • (a) a person who is sent by an employer having a place of business in the territory of Norway to the territory of Canada shall be subject to all aspects of the National Insurance Act of Norway; and

  • (b) a person who is sent by an employer having a place of business in the territory of Canada to the territory of Norway and who is subject to the Canada Pension Plan shall also be subject to the National Insurance Act of Norway with respect to medical care benefits and cash benefits in case of sickness and maternity.

ARTICLE 8Workers on the Continental Shelf

Articles 6 and 7 shall also apply to a person who works on an installation situated in the continental shelf area of a Party in connection with the exploration of the seabed and sub-soil of that area or the exploitation of its mineral resources.

ARTICLE 9Crews of Ships

A person who, but for this Agreement, would be subject to the legislation of both Parties in respect of employment as a member of the crew of a ship shall, in respect of that employment, be subject only to the legislation of Canada if he or she resides in the territory of Canada and is not a Norwegian citizen, and only to the legislation of Norway in any other case.

ARTICLE 10Government Employment

• 1 Notwithstanding any provision of this Agreement, the provisions regarding social security of the Vienna Convention on Diplomatic Relations, done at Vienna 18 April 1961 and the Vienna Convention on Consular Relations, done at Vienna 24 April 1963 shall continue to apply.

• 2 A person engaged in government employment for a Party who is posted to work in the territory of the other Party shall, in respect of that employment, be subject only to the legislation of the first Party.

• 3 Except as provided in paragraphs 1 and 2, a person who resides in the territory of a Party and who is engaged therein in government employment for the other Party shall, in respect of that employment, be subject only to and insured under the legislation of the first Party.

• 4 As regards the legislation of Norway, the provisions of this Article shall apply correspondingly to the spouse and children living with the person engaged in government employment in the territory of Canada, unless they themselves are subject to the legislation of Canada by reason of employment or self-employment.

• 5 When the locally engaged person is subject to the legislation of the Party in whose territory the duties are performed, the other Party shall respect the requirements prescribed by that legislation for all employers.

ARTICLE 11Exceptions

The competent authorities of the Parties may, by common agreement, modify the application of the provisions of Articles 6 to 10 with respect to any person or categories of persons.

ARTICLE 12Definition of Certain Periods of Residence with Respect to the Legislation of Canada

• 1 For the purpose of calculating the amount of benefits under the Old Age Security Act:

  • (a) if a person is subject to the Canada Pension Plan or to the comprehensive pension plan of a province of Canada during any period of presence or residence in the territory of Norway, that period shall be considered as a period of residence in Canada for that person; it shall also be considered as a period of residence in Canada for that person’s spouse or common-law partner and dependants who reside with him or her and who are not subject to the legislation of Norway by reason of employment or self-employment;

  • (b) if a person is subject to the legislation of Norway during any period of presence or residence in the territory of Canada, that period shall not be considered as a period of residence in Canada for that person; it shall also not be considered as a period of residence in Canada for that person’s spouse or common-law partner and dependants who reside with him or her and who are not subject to the Canada Pension Plan or to the comprehensive pension plan of a province of Canada by reason of employment or self-employment;

  • (c) if a person referred to in sub-paragraph 1(b) of this Article also becomes subject to the Canada Pension Plan or to the comprehensive pension plan of a province of Canada, by virtue of occupying simultaneously more than one employment, that period shall not be counted as a period of residence in Canada.

• 2 In the application of paragraph 1:

  • (a) a person shall be considered to be subject to the Canada Pension Plan or to the comprehensive pension plan of a province of Canada during a period of presence or residence in the territory of Norway only if that person makes contributions pursuant to the plan concerned during that period by reason of employment or self-employment;

  • (b) a person shall be considered to be subject to the legislation of Norway during a period of presence or residence in the territory of Canada only if that person makes compulsory contributions pursuant to that legislation during that period by reason of employment or self-employment.

PART IIIProvisions Concerning Benefits

Chapter 1Totalizing of Creditable Periods

ARTICLE 13Creditable Periods Under the Legislation of Canada and Norway

• 1 If a person is not eligible for a benefit because he or she has not accumulated sufficient creditable periods under the legislation of a Party, the eligibility of that person for that benefit shall be determined by totalizing these periods and the corresponding periods specified in paragraph 2, provided that the periods do not overlap.

• 2 

  • (a) For the purpose of determining eligibility for a benefit under the legislation of Canada, a creditable period under the legislation of Norway shall be considered as a creditable period under the legislation of Canada;

  • (b) For the purpose of determining eligibility for a pension under the legislation of Norway, a creditable period under the legislation of Canada shall be considered as a creditable period under the legislation of Norway. For the purpose of assessing whether a deceased person fulfills the conditions of being insured during the last three years prior to the date of death, periods in receipt of a retirement pension under the Canada Pension Plan or a pension or allowance under the Old Age Security Act shall be taken into account.

ARTICLE 14Minimum Period to be Totalized

Notwithstanding any other provision of this Agreement, if no right to a benefit exists under the legislation of a Party, the competent institution of a Party shall not be required to pay a benefit to that person in respect of those periods by virtue of this Agreement if:

• (a) as regards Canada, a person’s period of residence under the Old Age Security Act is less than one year or a person’s earnings in any calendar year do not exceed the minimum required under the Canada Pension Plan;

• (b) as regards Norway, a person has accumulated less than one year of residence or less than one year of occupational activity under the legislation of Norway.

ARTICLE 15Periods Under the Legislation of a Third State

If a person is not eligible for a benefit on the basis of the creditable periods completed under the legislation of the Parties, totalized as provided in Article 13, the eligibility of that person for that benefit shall be determined by totalizing these creditable periods and periods completed under the legislation of a third State with which both Parties are bound by social security instruments which provide for the totalizing of periods.

Chapter 2Benefits Under the Legislation of Canada

ARTICLE 16Benefits Under the Old Age Security Act

• 1 If a person is eligible for a pension or allowance under the Old Age Security Act solely through the application of the totalizing provisions of Chapter 1, the competent institution of Canada shall calculate the amount of the pension or allowance payable to that person in conformity with the provisions of that Act governing the payment of a partial pension or allowance, exclusively on the basis of the periods of residence in Canada which may be considered under that Act.

• 2 Paragraph 1 shall also apply to a person outside the territory of Canada who would be eligible for a full pension in the territory of Canada but who has not resided in Canada for the minimum period required by the Old Age Security Act for the payment of a pension outside the territory of Canada.

• 3 Notwithstanding any other provision of this Agreement:

  • (a) an Old Age Security pension shall be paid to a person who is outside the territory of Canada only if that person’s periods of residence, when totalized as provided in Chapter 1, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for the payment of a pension outside the territory of Canada;

  • (b) an allowance and a guaranteed income supplement shall be paid to a person who is outside the territory of Canada only to the extent permitted by the Old Age Security Act.

ARTICLE 17Benefits Under the Canada Pension Plan

If a person is eligible for a benefit under the Canada Pension Plan solely through the application of the totalizing provisions of Chapter 1, the competent institution of Canada shall calculate the amount of benefit payable to that person in the following manner:

• (a) the earnings-related portion of the benefit shall be determined in conformity with the provisions of the Canada Pension Plan, exclusively on the basis of the pensionable earnings under that Plan;

• (b) the flat-rate portion of the benefit shall be determined by multiplying:

  • (i) the amount of the flat-rate portion of the benefit determined in conformity with the provisions of the Canada Pension Plan

  by

  • (ii) the fraction which represents the ratio of the periods of contributions to the Canada Pension Plan in relation to the minimum qualifying period required under that Plan to establish eligibility for that benefit, but in no case shall that fraction exceed the value of one.

Chapter 3Benefits Under the Legislation of Norway

SUB-CHAPTER AOld Age Pension (alderspensjon)

ARTICLE 18Calculation of an Old Age Pension

An old age pension shall be calculated exclusively on the basis of creditable periods completed and pension points credited under the legislation of Norway.

SUB-CHAPTER BDisability Pension (uførepensjon)

ARTICLE 19Calculation of a Disability Pension

• 1 If entitlement to a disability pension exists under the legislation of Norway, the disability pension shall be calculated exclusively in accordance with the provisions of the legislation of Norway.

• 2 If entitlement to a disability pension under the legislation of Norway exists only according to the provisions of this Agreement, the pension shall be computed in the following manner:

  • (a) a theoretical pension amount shall be calculated as if the person’s creditable periods completed under the legislation of Canada had been periods completed under the legislation of Norway;

  • (b) this amount shall be multiplied by the ratio between the person’s actual creditable periods completed under the legislation of Norway and the sum of the person’s creditable periods completed under the legislation of both Parties;

  • (c) in no case shall the person’s actual creditable periods completed under the legislation of Norway, or the sum of the creditable periods completed under the legislation of both Parties, exceed 40 years in the calculation;

  • (d) A supplementary pension shall be computed on the basis of the average annual pension point figure for the years during which the person concerned has been credited with pension points under the legislation of Norway in accordance with the rules for the calculation of the final pension point figure under the National Insurance Act.

ARTICLE 20Conversion into an Old Age Pension and Coinciding Periods

• 1 A disability pension shall be converted into an old age pension in accordance with the provisions of the legislation of Norway when the person concerned reaches the general retirement age.

• 2 To the extent that future insurance periods or future pension point years taken into account for the calculation of a disability pension in accordance with paragraph 1 of Article 19 coincide with corresponding creditable periods taken into account for the calculation of a benefit under the legislation of Canada, the latter periods shall not be taken into account for the calculation of an old age pension under the legislation of Norway. However, the old age pension shall at least be equal to the pension which would have been payable if the disability pension had been determined in accordance with paragraph 2 of Article 19.

SUB-CHAPTER CSurvivor’s Pension (etterlattepensjon)

ARTICLE 21

The provisions of Article 19 and paragraph 1 of Article 20 shall apply correspondingly to survivor’s pensions.

SUB-CHAPTER DSpecial Provisions Relating to Benefits

ARTICLE 22Basic Benefits, Attendance Benefits, Education Benefits, Child Care Benefits, Funeral Grant, Guaranteed Minimum Supplementary Pension Benefits for Persons Becoming Disabled at Birth or at a Young Age and Pensions to Refugees and Stateless Persons

• 1 Basic benefits (grunnstønad), attendance benefits (hjelpestønad), education benefits (utdanningsstønad), child care benefits (stønad til barnetilsyn), funeral grant (gravferdsstønad), guaranteed minimum supplementary pension benefits to persons becoming disabled at birth or at a young age (garantert tilleggspensjon for unge uføre) and pensions calculated under the special provisions governing the calculation of pensions to refugees and stateless persons (pensjoner til flyktinger og statsløse) shall be provided only on the conditions specified in the legislation of Norway.

• 2 The provisions of paragraph 1 of Article 5 shall not apply to the benefits referred to in paragraph 1 of this Article. These benefits shall be payable to persons who stay or reside in the territory of Canada only on the conditions specified in the legislation of Norway.

ARTICLE 23Supplementary Pensions for Persons Born before 1937

With regard to the reduced number of pension point years required for the calculation of a full supplementary pension for persons born before 1937, the conditions in the legislation of Norway regarding periods of residence in the territory of Norway shall continue to apply.

PART IVAdministrative and Miscellaneous Provisions

ARTICLE 24Exchange of Information and Mutual Assistance

• 1 The competent authorities and institutions responsible for the application of this Agreement:

  • (a) shall, to the extent permitted by the legislation which they administer, communicate to each other any information necessary for the application of that legislation as if the matter were affecting the application of their own legislation;

  • (b) shall lend their good offices and furnish assistance to one another for the purpose of determining eligibility for, or the amount of, any benefit under this Agreement, or under the legislation to which this Agreement applies, as if the matter were affecting the application of their own legislation;

  • (c) shall communicate to each other, as soon as possible, all information about the measures taken by them for the application of this Agreement or about changes in their respective legislation insofar as these changes affect the application of this Agreement.

• 2 The assistance referred to in sub-paragraph 1(b) shall be provided free of charge, subject to any provision contained in an administrative arrangement concluded pursuant to Article 25 for the reimbursement of certain types of expenses.

• 3 Unless disclosure is required under the legislation of a Party, any information about a person which is transmitted in accordance with this Agreement to that Party by the other Party is confidential and shall be used only for purposes of implementing this Agreement and the legislation to which this Agreement applies and for no other purpose.

ARTICLE 25Administrative Arrangement

• 1 The competent authorities shall conclude an administrative arrangement which establishes the measures necessary for the application of this Agreement.

• 2 The liaison agencies of the Parties shall be designated in that arrangement.

ARTICLE 26Exemption or Reduction of Taxes, Dues, Fees and Charges

• 1 Any exemption from or reduction of taxes, legal dues, consular fees and administrative charges for which provision is made in the legislation of a Party in connection with the issuing of any certificate or document required to be produced for the application of that legislation shall be extended to certificates or documents required to be produced for the application of the legislation of the other Party.

• 2 Any documents of an official nature required to be produced for the application of this Agreement shall be exempt from any authentication by diplomatic or consular authorities or similar formality.

ARTICLE 27Language of Communication

• 1 For the application of this Agreement, the competent authorities and institutions of the Parties may communicate directly with one another in any official language of either Party.

• 2 Any claim which is made to a competent authority or institution of a Party in connection with the application of this Agreement shall be dealt with even if written in an official language of the other Party.

ARTICLE 28Submitting a Claim, Notice or Appeal

• 1 Claims, notices and appeals concerning eligibility for, or the amount of, a benefit under the legislation of a Party which should, for the purposes of that legislation, have been presented within a prescribed period to a competent authority or institution of that Party, but which are presented within the same period to an authority or institution of the other Party, shall be treated as if they had been presented to the competent authority or institution of the first Party. The date of presentation of claims, notices and appeals to the authority or institution of the other Party shall be deemed to be the date of their presentation to the competent authority or institution of the first Party.

• 2 A claim for a benefit under the legislation of a Party made after the date of entry into force of this Agreement shall be deemed to be a claim for the corresponding benefit under the legislation of the other Party, provided that the applicant at the time of application:

  • (a) requests that it be considered an application under the legislation of the other Party, or

  • (b) provides information indicating that creditable periods have been completed under the legislation of the other Party.

This paragraph shall not apply if the applicant requests that his or her claim to the benefit be delayed or not considered under the legislation of the other Party.

• 3 In any case to which paragraph 1 or 2 applies, the authority or institution to which the claim, notice or appeal has been submitted shall transmit it without delay to the authority or institution of the other Party.

ARTICLE 29Payment of Benefits

• 1 Payment of benefits under this Agreement may be made in the currency of either Party.

• 2 Benefits shall be paid to beneficiaries free from any deduction for administrative expenses that may be incurred in paying the benefits.

ARTICLE 30Resolution of Difficulties

The competent authorities of the two Parties shall resolve, to the extent possible, any difficulties which arise in interpreting or applying this Agreement according to its spirit and fundamental principles.

ARTICLE 31Understandings with a Province of Canada

The competent authority of Norway and the relevant authority of a province of Canada may conclude understandings concerning any social security matter within provincial jurisdiction in Canada insofar as those understandings are not inconsistent with the provisions of this Agreement.

PART VTransitional and Final Provisions

ARTICLE 32Consideration of Previous Events and Periods and Transitional Provisions

• 1 Any creditable period completed before the date of entry into force of this Agreement shall be taken into account for the purpose of determining the right to a benefit under this Agreement.

• 2 Subject to paragraph 4, no provision of this Agreement shall confer any right to receive payment of a benefit for a period before the date of entry into force of this Agreement.

• 3 Subject to paragraph 2, a benefit, other than a death benefit or a funeral grant, shall be payable under this Agreement in respect of events which happened before the date of entry into force of this Agreement.

• 4 

  • (a) Any right to a benefit acquired by a person in accordance with the provisions of the Agreement on Social Security between Canada and the Kingdom of Norway, done at Oslo 12 November 1985, shall be maintained.

  • (b) Any claim to a benefit made but not finally adjudicated at the date upon which this Agreement comes into force, shall be adjudicated according to the provisions of the Agreement on Social Security between Canada and the Kingdom of Norway, done at Oslo 12 November 1985, if this gives a more favourable result.

• 5 Unless otherwise provided in this Agreement, a benefit which has been withheld because a person is resident in the territory of the other Party shall, on application by the person concerned, be granted or re-established with effect from the date of entry into force of this Agreement.

ARTICLE 33Termination of the Agreement of 12 November 1985 and Recalculation of Benefits

• 1 With the entry into force of this Agreement, the Agreement on Social Security between Canada and the Kingdom of Norway and its Final Protocol, done at Oslo on 12 November 1985, shall be terminated.

• 2 

  • (a) A benefit awarded through the application of the Agreement referred to in paragraph 1 shall be recalculated by the competent institution, on request by the beneficiary, taking into account the provisions of this Agreement.

  • (b) In no case shall the amount of a benefit be reduced as a result of such recalculation.

• 3 

  • (a) Subject to paragraph 4, if a request for recalculation is submitted to a competent institution within 24 months of the date of entry into force of this Agreement, the recalculation shall have effect from that date, without the provisions of the legislation of a Party regarding the expiration or prescription of entitlement being applied to the individual.

  • (b) If a request for recalculation is submitted to a competent institution later than 24 months from the date of entry into force of this Agreement, the recalculation shall have effect from the date of submission of the request in respect of rights that are neither expired nor prescribed.

• 4 Pensions already payable prior to 1 January 1991 which do not take into account all periods of residence in the territory of Norway prior to 1967 and after 1936, shall be recalculated upon a request from a beneficiary. If the result of such recalculation is more favourable to the beneficiary, the differential amount shall be paid retroactively for 72 months prior to the entry into force of this Agreement, provided that the request is submitted within 24 months of the date of entry into force of this Agreement.

ARTICLE 34Duration and Termination

• 1 This Agreement shall remain in force without any limitation on its duration. It may be terminated at any time by either Party giving 12 months’ notice in writing to the other Party.

• 2 In the event of the termination of this Agreement, any right acquired by a person in accordance with its provisions shall be maintained and negotiations shall take place for the settlement of any rights then in course of acquisition by virtue of those provisions.

ARTICLE 35Entry into Force

This Agreement shall enter into force on the first day of the fourth month following the month in which each Party shall have received from the other Party written notification that it has complied with all requirements for the entry into force of this Agreement.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Governments, have signed this Agreement.

DONE in duplicate at Ottawa, this 20th day of June 2012, in the English, French and Norwegian languages, each text being equally authentic.