Proclamation Declaring the Agreement on Social Security Between Canada and the Netherlands in Force October 1, 1990 (SI/91-115)

The Government of Canada and the Government of the Kingdom of the Netherlands,

Resolved to co-operate in the field of social security.

Have decided to conclude an agreement for this purpose, and

Have agreed as follows:

PART IGeneral Provisions

ARTICLE IDefinitions

• 1 For the purposes of this Agreement,

  • (a) “Government of Canada” means the Government in its capacity as representative of Her Majesty the Queen in right of Canada and represented by the Minister of National Health and Welfare;

  • (b) “national” means, as regards Canada, a Canadian citizen; and, as regards the Netherlands, a person of Netherlands nationality;

  • (c) “territory” means, as regards Canada, the territory of Canada; and, as regards the Netherlands, the territory of the Kingdom in Europe;

  • (d) “legislation” means the legislation specified in Article II;

  • (e) “competent authority” means the Minister or Ministers responsible for the administration of the legislation specified in Article II;

  • (f) “competent institution” means, as regards Canada, the competent authority; and as regards the Netherlands, the institution charged with the implementation of the legislation specified in Article II, which is competent under the applicable legislation;

  • (g) “creditable period” means a period of contributions, insurance, employment or residence used to acquire the right to a benefit under the legislation of either Party;

  • (h) “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;

  • (i) “employed person” means a person who is employed by an employer as well as any person who is deemed equivalent to an employed person by the applicable legislation;

  • (j) “self-employed person” means a person who is gainfully occupied for his or her own account.

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

ARTICLE IILegislation to which the Agreement Applies

• 1 This Agreement shall apply

  • (a) with respect to Canada, to:

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

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

  • (b) with respect to the Netherlands, to the national legislation on:

    • (i) invalidity insurance,

    • (ii) old age insurance,

    • (iii) widow’s and orphan’s insurance,

    • (iv) sickness insurance (cash benefits and benefits in kind),

    • (v) unemployment insurance, and

    • (vi) children’s allowances.

• 2 Except as otherwise provided in paragraph 3, this Agreement shall apply also to any legislation which amends, supplements, consolidates or supersedes the legislation specified in paragraph 1

• 3 This Agreement shall not apply to laws or regulations which extend the existing legislation of a Party to a new category of beneficiaries if the competent authority of that Party notifies the competent authority of the other Party within three months from the date of the official publication or proclamation of such laws or regulations that no such extension of the Agreement is intended.

• 4 This Agreement shall not apply to social and medical assistance schemes, to special schemes for civil servants or persons treated as such, or to benefit schemes for victims of war or its consequences.

ARTICLE IIIPersons Covered

Unless otherwise provide in this Agreement, it shall apply to nationals of the Parties, to persons who are or who have been subject to the legislation of either Party and to other persons with respect to the rights they derive from the aforementioned persons.

ARTICLE IVEquality of Treatment

• 1 As regards the legislation of Canada, all persons described in Article III shall be subject to the obligations of that legislation and shall be eligible for its benefits without regard to nationality.

• 2 As regards the legislation of the Netherlands, unless otherwise provided in this Agreement,

  • (a) nationals of Canada,

  • (b) refugees, within the meaning of the Convention of July 28, 1951 Relating to the Status of Refugees and of the Protocol of January 31, 1967 to that Convention,

  • (c) stateless persons, within the meaning of the Convention of September 28, 1954 Relating to the Status of Stateless Persons, and

  • (d) other persons to the extent that they derive rights from a person described in subparagraph (a), (b) or (c)

shall be subject to the obligations of that legislation and shall be eligible for its benefits under the same conditions as nationals of the Netherlands.

• 3 Paragraph 2 shall not apply to the Netherlands’ old age and survivors voluntary insurance insofar as the payment of contributions at reduced rates is concerned.

ARTICLE VExport of Benefits

• 1 Unless otherwise provided in this Agreement, invalidity, old age or survivors benefits acquired by a person describes in Article III under the legislation of one Party, including such benefits acquired by virtue of this Agreement, shall not be subject to any reduction, modification, suspension, cancellation or confiscation by reason only of the fact that the beneficiary resided in the territory of the other Party, and they shall be payable in the territory of the other Party.

• 2 Unless otherwise provided in this Agreement, benefits payable under this Agreement by one Party in the territory of the other Party shall also be payable in the territory of a third State, under the same conditions and to the same extent as to nationals of the first Party residing in that third State.

PART IIProvisions Concerning the Applicable Legislation

ARTICLE VI

• 1 Subject to the provisions of the following paragraphs of this Article,

  • (a) an employed person who works in the territory of one Party shall, in respect of that work, be subject only to the legislation of that Party; and

  • (b) a self-employed person who ordinarily resides in the territory of one Party and who works as such 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 former Party.

• 2 An employed person who is covered under the legislation of one Party and who performs work in the territory of the other Party for his or her employer shall, in respect of that work, be subject only to the legislation of the former Party as though that work was performed in its territory and provided that such assignment does not exceed twenty-four months and the person concerned is not also employed in the territory, of the other Party by a different employer located in that territory.

• 3

  • (a) Paragraph 2 shall apply to a person who is sent to work 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, as though that installation were situated in the territory of that Party.

  • (b) For the purposes of this Article, the continental shelf area of a Party includes every area beyond the territorial seas of that Party that, in accordance with international law and the laws of that Party, is an area in respect of which that Party may exercise rights with respect to the seabed and sub-soil and their natural resources.

• 4 A person who is employed as a member of the crew of a ship or aircraft shall, in respect of that employment, be subject only to the legislation of the Party in the territory of which the employer’s principal place of business is located.

• 5

  • (a) A person employed in the territory of one Party in a government service of the other Party shall, in respect of that employment, be subject to the legislation of the first party only if he or she is a national thereof or ordinarily resides in its territory. In the latter case the person may, however, within six months after taking up the duties of the employment or within six months from the date of the entry into force of this Agreement, elect to be subject only to the legislation of the second Party in respect of the employment if he or she is a national of that Party. Article IV shall not apply to extend this right to elect to a person who is not a national of the second Party.

  • (b) Nationals of the Netherlands employed by the government of the Netherlands who are sent to the territory of Canada shall be subject to the legislation of the Netherlands.

  • (c) Where the person referred to in sub-paragraph (a) is subject to the legislation of the first Party, the employer in question shall observe the obligations which that legislation imposes on employers.

• 6 The competent authorities of the two Parties may, by common agreement, modify the application of the provisions of this Article with respect to any persons or categories of persons.

ARTICLE VII

For the purpose of calculating benefits under the Old Age Security Act of Canada,

• (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 residence in the territory of the Netherlands, that period shall be considered as a period of residence in Canada for that person as well as for that person’s spouse and dependants who reside with him or her and who are not subject to the legislation of the Netherlands by reason of employment;

• (b) if a person is obligatorily subject to the legislation of the Netherlands during any period of residence in the territory of Canada, that period shall not be considered as a period of residence in Canada for that person and for that person’s spouse 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.

ARTICLE VIII

• 1 For the purposes of the legislation of the Netherlands, a person who is subject to the Netherlands legislation in accordance with the provisions of this Part shall be considered as residing in the Netherlands.

• 2 The provision of paragraph 1 shall apply by analogy to the spouse and children accompanying a person described in paragraph 2 or 5(b) or Article VI from the territory of one Party to the territory of the other Party, unless they themselves take up a gainful occupation or are receiving a pension or a cash benefit under the legislation of the latter Party.

PART IIIProvisions Concerning Benefits

CHAPTER 1Benefits Under the Legislation of Canada

ARTICLE IXTotalizing of Creditable Periods

• 1 If a person is not entitled to a benefit on the basis of the periods creditable under the legislation of Canada, eligibility for that benefit shall be determined by totalizing these periods and periods creditable under the legislation of the Netherlands, provided that the periods do not overlap.

• 2 If a person is not entitled to a benefit under the legislation of Canada on the basis of the periods creditable under the legislation of the Parties, totalized as provided in this Agreement, eligibility for that benefit shall be determined by totalizing these periods and periods creditable under the laws of a third State with which both Parties are bound by an international social security instrument which provides for totalizing of periods.

ARTICLE XBenefits under the Old Age Security Act

• 1

  • (a) If a person is entitled to payment of a pension in Canada under the Old Age Security Act without recourse to the provisions of this Agreement, but has not accumulated sufficient periods of residence in Canada to qualify for payment of the pension abroad under the Act, a partial pension shall be paid to that person outside the territory of Canada if the creditable periods, when totalized as provided in this Agreement, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for payment of a pension abroad.

  • (b) The amount of the pension payable shall, in this case, be calculated in conformity with the provisions of the Old Age Security Act governing the payment of a partial pension, exclusively on the basis of the periods creditable under that Act.

• 2

  • (a) If a person is not entitled to an Old Age Security pension or a spouse’s allowance solely on the basis of periods of residence in Canada, a partial pension or a spouse’s allowance shall be paid to that person if the creditable periods, when totalized as provided in this Agreement, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for payment of a pension or a spouse’s allowance.

  • (b) The amount of the pension or the spouse’s allowance payable shall, in this case, be calculated in conformity with the provisions of the Old Age Security Act governing the payment of a partial pension or a spouse’s allowance, exclusively on the basis of the periods creditable under that Act.

• 3

  • (a) Notwithstanding any other provision of this Agreement, the competent institution of Canada shall not be liable to pay an Old Age Security pension outside the territory of Canada unless the creditable periods, when totalized as provided in this Agreement, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for payment of a pension abroad.

  • (b) The spouse’s allowance and the guaranteed income supplement shall be paid outside the territory of Canada only to the extent permitted by the Old Age Security Act.

ARTICLE XIBenefits under the Canada Pension Plan

• 1 If a person is not entitled to a disability pension, disabled contributor’s child’s benefit, survivor’s pension, orphan’s benefit or death benefit solely on the basis of the periods creditable under the Canada pension Plan, but is entitled to that benefit through the totalizing of periods as provided in this Agreement, the competent institution of Canada shall calculate the amount of the earnings-related portion of such benefit in conformity with the provisions of the Canada Pension Plan, exclusively on the basis of the pensionable earnings under that Plan.

• 2

  • (a) The amount of the flat-rate portion of the benefit payable under the provisions of this Agreement shall, in this case, be determined by multiplying:

    • (i) the amount of the flat-rate portion of the benefit determined under 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 under the Canada Pension Plan for entitlement to that benefit.

  • (b) In no case, however, shall the fraction referred to in subparagraph (a)(ii) exceed the value of one.

CHAPTER 2Benefits Under the Legislation of the Netherlands

ARTICLE XIIBenefits under the Invalidity Acts

When a national of one Party or a person described in paragraph 2(b) or (c) of Article IV, at the time when incapacity for work followed by invalidity occurred, was subject to the legislation specified in paragraph 1(a)(ii) of Article II and had previously completed a total creditable period of at least twelve months under the Netherlands legislation on invalidity insurance, that person shall be entitled to a benefit determined in accordance with the latter legislation and calculated according to the provisions of Article XIII.

ARTICLE XIII

• 1 If entitlement to a benefit is established through the application of Article XII, the amount of the benefit payable shall be calculated in proportion to the ratio of the total length of the creditable periods completed by the person concerned under the Netherlands legislation after reaching the age of eighteen to the period between the date on which the person reached the age of eighteen and the date of incapacity for work followed by invalidity.

• 2 If, at the time when incapacity for work followed by invalidity occurred, the person concerned was an employed person, the benefit payable shall be determined according to the provisions of the Incapacity Insurance Act of February 18, 1966 (WAO). In any other case, the benefit payable shall be determined according to the provisions of the General Incapacity Insurance Act of December 11, 1975 (AAW).

• 3 The following creditable periods completed under the Netherlands legislation shall be taken into consideration:

  • (a) creditable periods during employment completed under the Incapacity Insurance Act of February 18, 1966 (WAO);

  • (b) creditable periods during self-employment completed under the General Incapacity Insurance Act of December 11, 1975 (AAW); and

  • (c) periods of employment, and periods treated as such, completed in the Netherlands before July 1, 1967.

• 4 In the application of the first sentence of paragraph 2, when a creditable period completed under the WAO coincides with a creditable period completed under the AAW, only the period completed under the WAO shall be taken into account.

• 5 In the application of the second sentence of paragraph 2, when a creditable period completed under the AAW coincides with a creditable period completed under the WAO, only the period completed under the AAW shall be taken into account.

ARTICLE XIVBenefits under the General Old Age Pensions Act

• 1 The Netherlands competent institution shall determine the old age pension directly and exclusively on the basis of the creditable periods completed under the Netherlands General Old Age Pensions Act.

• 2 Subject to paragraph 3, periods before January 1, 1957 during which a national of one Party or a person described in paragraph 2(b) or (c) of Article IV resided in the territory of the Netherlands after reaching the age of fifteen or during which, while residing in another country, the person was gainfully employed in the Netherlands shall be considered as creditable periods if the person does not satisfy the conditions of the Netherlands legislation permitting such periods to be treated for that person as creditable periods.

• 3 The periods referred to in paragraph 2 shall be taken into consideration in the calculation of the old age pension only if the person concerned has resided for at least six years in the territory of one or both Parties after reaching the age of fifty-nine and only while the person is residing in the territory of either Party. However, these periods shall not be taken into consideration if they coincide with periods taken into consideration for the calculation of an old age pension under the legislation of a country other than the Netherlands.

ARTICLE XVBenefits under the General Widows’ and Orphans’ Act

When a national of one Party or a person described in paragraph 2(b) or (c) of Article IV was, at the time of death, subject to the legislation specified in paragraph 1(a)(ii) of Article II and had previously completed a total creditable period of at least twelve months under the Netherlands legislation on widows’ and orphans’ insurance, the widow or the orphans shall be entitled to a benefit determined in accordance with the latter legislation and calculated according to the provisions of Article XVI.

ARTICLE XVI

If entitlement to a benefit is established through the application of Article XV, the amount of the benefit payable shall be calculated in proportion to the ratio of the total length of the creditable periods completed by the deceased under the Netherlands legislation before reaching the age of sixty-five to the period between the date on which the deceased reached the age of fifteen and the date of death, but at the latest the date on which the deceased reached the age of sixty-five.

PART IVAdministrative and Miscellaneous Provisions

ARTICLE XVII

• 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 this Agreement;

  • (b) shall lend their good offices and furnish assistance to one another with regard to the determination of payment of any benefit under this Agreement or the legislation to which this Agreement applies as if the matter involved 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 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 subparagraph 1(b) shall be provided free of charge, subject to any agreement reached between the competent authorities of the Parties for the reimbursement of certain types of expenses.

• 3 Unless disclosure is required under the laws of a Party, any information about an individual which is transmitted in accordance with this Agreement to an authority of an institution of that Party by an authority or an institution of the other Party is confidential and shall be used only for purposes of implementing this Agreement and the legislation to which this Agreement applies.

ARTICLE XVIII

• 1 The competent authorities of the Parties shall establish, by means of an administrative arrangement, the measures necessary for the application of this Agreement.

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

ARTICLE XIX

• 1 Any exemption from or reduction of taxes, legal dues, consular fees or administrative charges for which provision is made in the legislation of one 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 acts or 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 XX

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

• 2 The authorities, institutions and tribunals of a Party may not reject claims or other documents submitted to them by reason of the fact that they are written in a foreign language, provided they are in an official language of the other Party.

ARTICLE XXI

• 1 Any claim, notice or appeal concerning the determination or payment of a benefit under the legislation of one Party which should, for the purposes of that legislation, have been presented within a prescribed period to a competent authority, institution or tribunal of that Party, but which is presented within the same period to a competent authority, institution or tribunal of the other Party, shall be treated as if it had been presented to the authority, institution or tribunal of the first Party. The date on which such a claim, notice or appeal was submitted to the authority, institution or tribunal of the first Party shall be considered as the date of its submission to the authority, institution or tribunal of the other Party.

• 2 A claim for a benefit payable under the legislation of one Party shall be deemed to be a claim for the corresponding benefit under the legislation of the other Party, provided that the applicant:

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

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

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

ARTICLE XXII

• 1 The institution or authority of a Party shall discharge its obligations under this Agreement in the currency of that Party.

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

ARTICLE XXIII

• 1 The competent authorities of the Parties shall resolve, to the extent possible, any dispute which arises in interpreting or applying this Agreement according to its spirit and fundamental principles.

• 2 If the dispute has not been settled within six months, it shall be submitted to an arbitration tribunal whose composition and procedure shall be agreed upon by the Parties. The arbitration tribunal shall settle the dispute in accordance with the spirit and fundamental principles of this Agreement. The arbitration shall be final and binding for the Parties.

ARTICLE XXIV

The relevant authority of the Netherlands and 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 XXV

• 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 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 the Agreement.

• 3 Subject to paragraph 2, a benefit, other than a lump sum payment, shall, on application, be payable under this Agreement in respect of events which happened before the date of entry into force of this Agreement.

ARTICLE XXVI

• 1 The Parties shall notify each other in writing of the completion of their respective constitutional or legal procedures required for the entry into force of this Agreement. This Agreement shall enter into force, after the conclusion of the administrative arrangement referred to in Article XVIII, on the first day of the third month after the date of the last notification.

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

• 3 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 its provisions.

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

DONE in two copies at The Hague this 26th day of February, 1987, in English, French and Dutch, each text being equally authentic.

Pursuant to Article XVIII of the Agreement on Social Security between Canada and the Kingdom of the Netherlands, concluded on February 26, the competent authorities:

for Canada,

the Minister of National Health and Welfare

for the Netherlands,

the Minister for Social Affairs and Employment

Have agreed on the following provisions:

PART IGeneral Provisions

ARTICLE 1Definitions

• 1 For the application of this Administrative Arrangement, “Agreement” means the Agreement on Social Security between the Kingdom of the Netherlands and Canada, signed at The Hague on February 26, 1987.

• 2 Other terms will have the meaning given to them in the Agreement.

ARTICLE 2Liaison Agencies

• 1 The following are designated as liaison agencies, pursuant to Article XVIII of the Agreement:

  for Canada:

  International Operation Division,

  Income Security Programs Branch,

  Department of National Health and Welfare,

  Ottawa;

  for the Netherlands;

  • (a) as regards old age, widow’s and orphan’s insurance: Sociale Verzekeringsbank (Social Insurance Bank), Amsterdam;

  • (b) as regards invalidity insurance: Gemeenschappelijk Administratiekantoor (Joint Administration Office), Amsterdam.

• 2 The duties of the liaison agencies are stated in this Arrangement. For the application of the Agreement, the liaison agencies may communicate directly with each other as well as with the persons concerned or their representatives. The liaison agencies of the Parties will assist each other in the application of the Agreement.

ARTICLE 3Competent Institution

The competent institution for the application of Articles XII and XIII of the Agreement is the Nieuwe Algemene Bedrijfsvereniging (New General Professional Association), Amsterdam.

PART IIProvisions Concerning the Applicable Legislation

ARTICLE 4

• 1 For the purposes of this Article, “institution” means, as regards Canada, the Source Deductions Division, Department of National Revenue, Taxation and, as regards the Netherlands, the Sociale Verzekeringsraad (Social Insurance Council).

• 2

  • (a) When the legislation of a Party is applicable in the circumstances described in paragraph 2 or 3 of Article VI of the Agreement, the institution of that Party will, at the request of the employed person or the employer of that person, issue a certificate certifying, in respect of the work in question, that the employed person is subject to that legislation until the date indicated.

  • (b) When the employed person described in subparagraph (a) takes on an employment in the territory of the other Party by a different employer located in that territory, the employed person must, without delay, inform the institution that issued the certificate. That institution will thereupon revoke the certificate and inform the institution of the other Party.

  • (c) Until revoked, a certificate issued under subparagraph (a) or under paragraph 3 of this Article will be accepted as evidence that the employed person is not subject to the legislation of the other Party in respect of the work or employment for which the certificate was issued.

• 3 When the legislation of a Party is applicable by reason of an election under paragraph 5 of Article VI of the Agreement or agreement of the competent authorities under paragraph 6 of that Article, the institution of that party will issue a certificate certifying in respect of the work or employment in question, that the employed person is subject to that legislation.

• 4 To make an election under paragraph 5(a) of Article VI of the Agreement the employed person must, within the stated time limit give notice in writing to his or her employer and to the institution of the Party whose legislation is to apply.

• 5 The institution of the Party that has issued a certificate under paragraph 2(a) or 3 of this Article will send copies of it to the employed person as well as to that person’s employer and the institution of the other Party.

PART IIIProvisions Concerning Benefits

ARTICLE 5Processing an Application

• 1 The competent institution of one Party which receives an application for a benefit under the legislation of the other Party will without delay, send the application form to the liaison agency of the other Party.

• 2 Along with the application form, the competent institution of the first Party will also transmit any documentation available to in which may be necessary for the competent institution of the other Party to establish the entitlement of the applicant to a benefit. In the case of an application for a benefit under the Old Age Security Act of Canada, this documentation will include, to the extent possible certification of periods of residence completed in the territory of the Netherlands. In the case of an application for a benefit under the Netherlands legislation on invalidity insurance, this documentation will include a certificate of invalidity issued by a competent medical practitioner in which the initial date of incapacity for work is indicated.

• 3 The personal information regarding an individual contained in the application form will be duly certified by the competent institution of the first Party which will confirm that the information is corroborated by documentary evidence; the transmission of the form so certified will exempt the competent institution from sending the corroboratory documents.

• 4 In addition to the application form and documentation referred to in paragraphs 1 and 2, the competent institution of the first Party will send to the liaison agency of the other Party a liaison form which will indicate, in particular, the periods creditable under the legislation of the first Party.

• 5 On receipt of the liaison form, the liaison agency of the other Party will add the information concerning the periods creditable under the legislation which it administers and will, without delay, return the liaison form to the competent institution of the first Party.

• 6 Each competent institution will subsequently determine the applicant’s eligibility and notify the other institution of the benefits, if any, granted to the applicant.

PART IVMiscellaneous Provisions

ARTICLE 6Medical Examinations

• 1 The competent institution of one Party will, to the extent permitted by the legislation which it administers, provide, upon request, to the competent institution or liaison agency of the other Party such medical information and documentation as are available concerning the disability of a claimant or beneficiary.

• 2 If the competent institution of one Party requires that a claimant or a beneficiary who resides in the territory of the other Party undergo an additional medical examination, the liaison agency of the latter Party, at the request of the competent institution of the first Party, will make arrangements for carrying out this examination according to the rules applied by the liaison agency making the said arrangements and at the expense of the institution which requests the medical examination.

• 3 The amounts due as a result of applying the provisions of paragraph 2 will be reimbursed without delay on receipt of a detailed statement of the costs incurred.

ARTICLE 7Forms and Procedures

• 1 The liaison agencies of the Parties will agree on the forms and procedures necessary to implement the Agreement and the Administrative Arrangement.

• 2 However, the certificates referred to in Article 4 of the Arrangement will be issued on forms agreed on, as regards Canada by the Source Deductions Division, Department of National Revenue, Taxation and, as regards the Netherlands, by its liaison agencies.

ARTICLE 8Statistics

The liaison agencies of the Parties will exchange statistics on an annual basis, and in a form to be agreed upon, regarding the payment which each has made under the Agreement. These statistics include data on the number of beneficiaries and the total amount benefits paid, by type of benefit.

ARTICLE 9Entry into Effect

This Administrative Arrangement will take effect on the date of entry into force of the Agreement and will have the same period of duration.

Supplementary Agreement Amending the Agreement on Social Security Between Canada and the Kingdom of the Netherlands

The Government of Canada and the Government of the Kingdom of the Netherlands,

Having considered the Agreement on Social Security between Canada and the Kingdom of the Netherlands, signed February 26, 1987, (hereinafter referred to as “the Agreement”), and

Having determined the need to modify certain provisions relating to the rights to benefits under the Agreement,

Have agreed as follows:

ARTICLE I

Subparagraph 3(a) of Article X of the Agreement shall be deleted and replaced by the following new subparagraph:

“3.(a) Notwithstanding any other provision of this Agreement, the competent institution of Canada shall not be liable to pay an Old Age Security pension outside the territory of Canada to a person unless he or she has resided in Canada within the meaning of the Old Age Security Act for a period of at least one year after December 31, 1956 and unless the creditable periods, when totalized as provided in this Agreement, are at least equal to the minimum period of residence in Canada required by the Old Age Security Act for payment of a pension abroad.”

ARTICLE II

• 1 Paragraph 2 of Article XIV of the Agreement shall be deleted and replaced by the following new paragraph:

  “2. Subject to paragraph 3, periods before January 1, 1957 during which a national of one Party or a person described in paragraph 2(b) or (c) of Article IV resided in the territory of the Netherlands after reaching the age of fifteen or during which, while residing in another country, the person was gainfully employed in the Netherlands shall also be considered as creditable periods if the person does not satisfy the conditions of the Netherlands legislation permitting such periods to be treated for that person as creditable periods.”

• 2 Paragraph 3 of Article XIV of the Agreement shall be deleted and replaced by the following new paragraph:

  “3. The periods referred to in paragraph 2 shall be taken into consideration in the calculation of the old age pension only if the person has been insured within the meaning of Article 6 of the Netherlands General Old Age Pensions Act and the person has resided for at leat six years in the territory of one or both Parties after reaching the age of fifty-nine and only while the person is residing in the territory of either Party. However, these periods shall not be taken into consideration if they coincide with periods taken into consideration if in the calculation of an old age pension under the legislation of a country other than the Netherlands.”

ARTICLE III

This Supplementary Agreement shall enter into force on the date of entry into force of the Agreement and shall have the same period of validity.

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

Done in two copies at Ottawa, this 26th day of July, 1989, in the English, French and Dutch languages, each text being equally authentic.