The Social Security (Contributions and Industrial Injuries) (Canada) Order 1998

Made: 11th February 1998

Coming into force: 1st April 1998

At the Court at Buckingham Palace, the 11th day of February 1998 Present, The Queen’s Most Excellent Majesty in Council

Now, therefore, Her Majesty, in pursuance of section 179(1)(a) and (2) of the Social Security Administration Act 1992 and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

Citation and commencement

1

This Order may be cited as the Social Security (Contributions and Industrial Injuries) (Canada) Order 1998 and shall come into force on 1st April 1998.

Modification of the Social Security Administration Act 1992 and the Social Security Contributions and Benefits Act 1992

2

The Social Security Administration Act 1992 and the Social Security Contributions and Benefits Act 1992 shall be modified to such an extent as may be required to give effect to the provisions contained in the Convention so far as the same relate to England, Wales and Scotland.

SCHEDULE — CONVENTION ON SOCIAL SECURITY

The Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Canada,

Being resolved to co-operate in the field of social security, in particular as regards liability for contributions,

Have agreed as follows:

PART I — GENERAL PROVISIONS

Article 1 — Definitions

Article 2 — Scope of Legislation

Article 3 — Equal Treatment

A person who is or who has been subject to the legislation of a Party, and the dependants and survivors of such a person, shall be subject to the obligations of the legislation of the other Party and shall be eligible for the benefits of that legislation under the same conditions as nationals or citizens, as the case may be, of the latter Party.

PART II — PROVISIONS WHICH DETERMINE THE LEGISLATION APPLICABLE CON CERNING CONTRIBUTION LIABILITY

Article 4 — General Provisions

Article 5 — Detached Workers

Subject to Articles 6 and 7, where a person compulsorily insured under the legislation of one Party, and employed by an employer with a place of business in the territory of that Party, is sent by that employer, either from the territory of that Party, or from a third country not party to this Convention, to work in the territory of the other Party, the legislation of the former Party concerning liability for contributions shall, in respect of that employment, continue to apply to him or her as if he or she were employed in the territory of that Party, provided that the employment in the territory of the other Party is not expected to last for more than five years, and the legislation of the latter Party shall not apply to him or her.

Article 6 — Government and Similar Employment

Article 7 — Modification Provisions

Exceptionally, the competent authorities of the Parties may agree to modify the application of Articles 4 to 6 in respect of particular persons or categories of persons.

Article 8 — Provisions Applicable to Canada

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

• (a) if a person is insured under the Canada Pension Plan, or under the comprehensive pension plan of a province of Canada, during any period of residence in the territory of the United Kingdom, 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 compulsorily insured under the legislation of the United Kingdom; and

• (b) if a person is insured under the legislation of the United Kingdom 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 insured under the Canada Pension Plan or the comprehensive pension plan of a province of Canada.

PART III — BENEFITS

Article 9 — Benefits for Industrial Accidents and Industrial Diseases

Where a person is employed in Canada and the legislation of the United Kingdom applies to him or her in accordance with any of the provisions of Articles 5 to 7, he or she shall be treated under that legislation for the purposes of any claim to benefit in respect of an industrial accident occurring or an industrial disease contracted during that employment, as if the accident had occurred, or the disease had been contracted, in the United Kingdom. Any benefit which would be payable in respect of that claim if the person were in the United Kingdom shall be payable from the date of his or her return to the United Kingdom.

Article 10 — Submission of Claim or Appeal

Any claim or appeal which should, for the purposes of Article 9, have been submitted within a prescribed period to the competent authority of the United Kingdom, shall be treated as if it had been submitted to that competent authority if it is submitted within the same period to the competent authority of Canada.

PART IV — MISCELLANEOUS PROVISIONS

Article 11 — Arrangements for Administration and Co-operation

Article 12 — Resolution of Disagreements

Article 13 — Understandings with a Province of Canada

The Government of the United Kingdom of Great Britain and Northern Ireland and a province of Canada may conclude understandings concerning any social security matter within provincial jurisdiction in Canada in so far as those understandings are not inconsistent with the provisions of this Convention.

PART V — TRANSITIONAL AND FINAL PROVISIONS

Article 14 — Transitional Provisions

Article 15 — Life of the Convention

Article 16 — Entry into Force

This Convention 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 statutory requirements for the entry into force of this Convention.

Signed

N. H. Nicholls — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

This Order makes provision for the modification of the Social Security Administration Act 1992 and the Social Security Contributions and Benefits Act 1992 so as to give effect to the Convention on social security (set out in the Schedule to this Order) made between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Canada. The Convention relates to liability for social security insurance contributions arising in respect of employment, and to benefits for industrial accidents and industrial diseases.

A compliance cost assessment of the effect that this instrument would have on the cost of business is available from the Department of Social Security, Better Regulation Unit, 11th Floor, The Adelphi, 1-11 John Adam Street, London WC2N 6HT.

Footnotes