S.I. No. 317/1991 - Social Welfare (Agreement With Canada on Social Security) Order, 1991.

1. This Agreement shall enter into force, after the conclusion of the administrative arrangement referred to in Article XIV, on the first day of the second month following the month in which each Party shall have received from the other Party written notificationn that it has complied with all statutory and constitutional requirements for the entry into force of this Agreement.

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 those provisions.

4. With the coming into force of this Agreement, in accordance with paragraph 1 of this article, the Agreement between the Government of Canada and the Government of Ireland relating to the Canada Pension Plan, done in Ottawa on November 21, 1972, shall be superseded.

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

DONE in two copies at Ottawa, this 29th day of November 1990, in the English and French languages, each text being equally authentic.

EN FOI DE QUOI, les soussignés, dûment autorisés à cet effet par leurs Gouvernements respectifs, ont signé le présent Accord.

Fait en deux exemplaires à Ottawa, ce 29eme jour de november 1990, dans les langues française et anglaise, chaque texte faisant également foi.

MICHAEL WOODS,

For the Government of Ireland.

Pour le Gouvernement de I'Irlande.

PERRIN BEATTY,

For the Government of Canada.

Pour le Gouvernement du Canada.

EXPLANATORY NOTE.

This Order gives effect to the bilateral Agreement on Social Security made between Ireland and Canada which comes into effect from 1 January, 1992. The Order provides that the Social Welfare Acts and relevant regulations will be modified to take account of the provisions of the Agreement.

The primary purpose of the Agreement is to allow social insurance contributions paid in one country to assist a claimant to qualify for certain benefits in the other country. In the case of Ireland the Agreement covers old age (contributory) pensions, retirement pensions, invalidity pensions, widows and orphans (contributory) pensions and death grant. Under the Agreement contributions paid during employment in Canada as well as periods of residence in Canada can be taken into account, subject to certain conditions, along with Irish social insurance contributions to help a person qualify for these benefits. The Agreement also deals with the liability, for social insurance contributions, of "detached" workers who move between the two countries — these are workers who are sent to work in one country for a temporary period by an employer who has his business in the other country. The Agreement lays down rules as to which countries legislation will apply.

5. (

a

) An employed person shall, in respect of the duties of a government employment performed in the territory of the other Party, be subject to the legislation of the latter Party only if he or she is a citizen thereof or ordinarily resides in its territory. In the latter case that person may, however, elect to be subject only to the legislation of the former Party if he or she is a citizen thereof. Article IV shall not apply to extend this right to a person who is not a citizen of the former Party.

(

b

) The election referred to in subparagraph (

a

) shall be made by giving notice thereof within six months after the duties are undertaken or, if the employed person is already performing the duties at the date of the entry intoforce of this Agreement, within six months after that date.

(

c

) The employer of a person referred to in this paragraph shall respect all the requirements prescribed for all other employers by the applicable legislation.

(

d

) The provisions of this paragraph shall apply equally to a person employed by an Irish governmental agency.

6. The competent authorities of the 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.

Definition of Certain Periods of Residence with Respect to the Legislation of Canada.

For the purpose of calculating 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 residence in the territory of Ireland, 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 Ireland as an employed person or as a self-employed person; and

(

b

) if a person is subject to the legislation of Ireland 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 or self-employment.

PART III.

PROVISIONS CONCERNING BENEFITS.

CHAPTER 1.

TOTALIZING OF PERIODS.

Article VIII.

S.I. No. 317 of 1991.

SOCIAL WELFARE (AGREEMENT WITH CANADA ON SOCIAL SECURITY) ORDER, 1991.

WHEREAS the arrangements in respect of matters relating to social security set out in the Agreement in the Schedule to this Order (hereinafter called "the Agreement") were made by the Government of Ireland with the Government of Canada;

AND WHEREAS it is provided in Article 22 of the Agreement that the Agreement will come into force on the first day of the second month following the month in which each Party to the Agreement shall have received from the other Party written notification that it has complied with all statutory and constitutional requirement's for entry into force of the Agreement;

AND WHEREAS the aforesaid written notification was received by each Party to the Agreement from the other Party to the Agreement during the month of November, 1991.

NOW THEREFORE the Minister for Social Welfare, in exercise of the powers conferred on him by

Sections 3

and

307

of the

Social Welfare (Consolidation) Act, 1981

(No. 1 of 1981), hereby makes the following Order:—