Proclamation giving notice of the Convention on Social Security between Canada and the Republic of Peru and the Administrative Agreement between the Government of Canada and the Government of the Republic of Peru for the Implementation of the Convention on Social Security between Canada and the Republic of Peru Come into Force on March 1, 2017 (SI/2017-15)

Administrative Agreement Between the Government of Canada and the Government of the Republic of Peru for the Implementation of the Convention on Social Security Between Canada and the Republic of Peru

PURSUANT to Article 17 of the Convention on Social Security between Canada and the Republic of Peru, done at Ottawa on 10 April 2014, hereinafter referred to as the “Convention”,

The Parties have agreed as follows:

PART IGeneral Provisions

ARTICLE 1Definitions

In this Administrative Agreement:

• (a) The term Convention means the Convention on Social Security between Canada and the Republic of Peru, done at Ottawa on 10 April 2014.

• (b) The term Administrative Agreement means the Administrative Agreement between the Government of Canada and the Government of the Republic of Peru for the Implementation of the Convention on Social Security between Canada and the Republic of Peru.

• (c) Any other term shall have the meaning assigned to it in the Convention.

ARTICLE 2Liaison Agencies and Competent Institutions

• 1 The Parties designate the following organizations as their liaison agencies:

  • (a) for Canada:

    • (i) the International Operations Division, Service Canada, Department of Human Resources and Skills Development, in regard to all provisions except Articles 6 to 9 of the Convention and Article 3 of this Administrative Agreement; and

    • (ii) the Legislative Policy Directorate, Canada Revenue Agency for the application of Articles 6 to 9 of the Convention and Article 3 of this Administrative Agreement.

  • (b) for the Republic of Peru (“Peru”):

    • (i) the Oficina de Normalización Previsional (ONP) for all provisions of the Convention regarding the rights of insured persons of the National Pension System (SNP), except Articles 6 to 9 of the Convention and Article 3 of this Administrative Agreement;

    • (ii) the Superintendencia de Banca, Seguros y Administradoras Privadas de Fondos de Pensiones (SBS), for all provisions of the Convention regarding the supervision of the rights of members of the Private Pension System (SPP), except Articles 6 to 9 of the Convention and Article 3 of this Administrative Agreement; and

    • (iii) the Ministry of Labour and Employment Promotion for the provisions relating to Articles 6 to 9 of the Convention and Article 3 of this Administrative Agreement.

• 2 Peru designates the following organizations as its competent institutions:

  • (a) for Article 6 to 9 of the Convention, the Ministry of Labour and the Promotion of Employment;

  • (b) for retirement, disability and survival pensions and, if applicable, burial expenses:

    • (i) the Private Pension Fund Administrators (AFP) for members of the Private Pension System; and

    • (ii) the Oficina de Normalización Previsional (ONP) for persons insured under the National Pension System.

  • (c) for medical evaluations, the determination of disability and eligibility for a pension, as appropriate and in accordance with its legislation:

    • (i) the Medical Committee of the Private Administrators of Pension Funds (COMAFP), and the Medical Commissions of the Superintendency (COMEC) for members of the Private Pension System;

    • (ii) the Medical Commissions of ESSALUD (Health Social Security), Ministry of Health (MINSA), and Private Health Institutions (EPS) are the authorities for the state of incapacity or disability in the National Pension System.

PART IIApplicable Legislation

ARTICLE 3Issuing a Certificate of Detachment

• 1 In the cases set out in Articles 6 to 9 of the Convention, the Party whose legislation applies 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. That Party shall send a copy of the certificate to the employed person, that person’s employer, or the self-employed person, and the liaison agency or competent institution of the other Party.

• 2 The consent referred to in Article 7 of the Convention should be requested before the end of the current term of the detachment. If the request for the extension is received after the certificate of detachment expires, the Party that receives the request shall examine the reasons for the delay and, if it determines that the delay is justifiable, shall send the request to the liaison agency or the competent institution of the other Party to obtain consent.

PART IIIBenefits

ARTICLE 4Processing an Application

• 1 A Party that receives an application for a benefit under the legislation of the other Party shall promptly send the application to the liaison agency or competent institution of the other Party, and indicate the date of receipt of the application.

• 2 Along with the application, a Party shall transmit any documentation available to it that may be necessary for the liaison agency or competent institution of the other Party to establish the applicant’s eligibility for a benefit. If the legislation of a Party requires that the documentation be certified, and if it cannot be exempted under Article 19 of the Convention, the certification by the respective liaison agency or competent institution of the other Party alone shall be accepted.

• 3 A Party shall certify the personal information contained in the application, and shall confirm that the information is corroborated by documentary evidence. Once a Party transmits the certified forms to the liaison agency or competent institution of the other Party, it shall be exempt from sending the documentary evidence. The Parties shall mutually decide on the type of information to which this exemption applies.

• 4 A Party shall, to the extent permitted by law, provide free of charge, to the liaison agency or competent institution of the other Party, available medical examination reports, information and documentation concerning the disability of an applicant or beneficiary.

• 5 In addition to the application and documentation, a Party shall send to the liaison agency or competent institution of the other Party a liaison form which shall indicate, in particular, the creditable periods under the legislation which it applies.

• 6 A Party shall determine the applicant’s eligibility and shall notify the liaison agency or competent institution of the other Party of its decision to grant or deny the benefit and the reason for its denial.

PART IVMiscellaneous Provisions

ARTICLE 5Exchange of Statistics

The Parties shall exchange statistics on an annual basis regarding the payments that each has made under the Convention. These statistics shall include data on the number of beneficiaries and the total amount of benefits paid, by type of benefit.

ARTICLE 6Forms and Detailed Procedures

• 1 The Parties shall decide on the forms and detailed procedures necessary to implement the Convention and this Administrative Agreement.

• 2 The Parties shall use the mutually accepted forms to communicate with each other.

ARTICLE 7Entry into Force

This Administrative Agreement shall enter into force on the date of receipt of the second notification by which the Parties notify each other by diplomatic note that they have completed the internal legal procedures necessary for the entry into force of this Administrative Agreement. This Administrative Agreement shall remain in force for the same period as the Convention.

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

DONE in duplicate at Ottawa, this 10th day of April 2014, in the English, French and Spanish languages, each version being equally authentic.