A G R E E M E N T On social security between Belgium and Canada

Transcription

1 A G R E E M E N T On scial security between Belgium and Canada (Entered int frce January 1 st Belgian Law Gazette: 10 February 1987) THE GOVERNMENT OF CANADA AND THE BELGIUM GOVERNMENT, Reslved t c-perate in the field f scial security, Have decided t cnclude an agreement fr this purpse, and Have agreed as fllws:

2 PART I - Definitins and Legislatin Article 1 1. Fr the purpses f this Agreement, the term: a) "territry f a Cntracting State" means: as regards Canada: the territry f Canada; as regards Belgium: the territry f Belgium; b) "cmpetent authrity" means, as regards Canada: the Ministers, each t the extent that he is respnsible fr the administratin f the legislatin specified in paragraph l(a) f Article 2; as regards Belgium: the Ministers, each t the extent that he is respnsible fr the administratin f the legislatin specified in paragraph 1(b) f Article 2; c) "Gvernment emplyment" means, as regards Canada, emplyment by the Gvernment f Canada, the gvernment f a prvince f Canada r a municipality f Canada; d) "legislatin" means, the laws specified in Article 2; e) "cmpetent institutin" means: as regards Canada: the cmpetent authrity; as regards Belgium: the institutin, agency r authrity respnsible in full r in part fr the applicatin f the laws specified in paragraph l(b) f Article 2; f) "insurance perid" means a perid f cntributins, emplyment r residence used t acquire the right t benefits under the legislatin f either Cntracting State; as regards Belgium, this term als means any equivalent perid under Belgian legislatin and, as regards Canada, any perid during which a disability pensin is payable under the Canada Pensin Plan; g) "pensin", "allwance" r "benefit" include any supplements r increases applicable t them under the laws specified in Article 2; h) "ld age benefit" means:

3 as regards Canada: an ld age pensin under the Old Age Security Act (excluding any incme-tested supplement and the Spuse's Allwance); as regards Belgium: the retirement benefits awarded under the legislatin cncerning the retirement and survivrs' pensins f salaried wrkers and the legislatin cncerning the retirement and survivrs' pensins f selfemplyed wrkers; (i) "Spuse's Allwance" means, as regards Canada, the benefit payable t the spuse f a pensiner under the Old Age Security Act, (j) "survivr's benefit" means: as regards Canada: the survivrs' pensin payable t the surviving spuse under the Canada Pensin Plan; as regards Belgium: the survivrs' pensin awarded under the legislatin cncerning the retirement and survivrs' pensins fr salaried wrkers and the retirement and survivrs' pensins fr self-emplyed wrkers; (k) "disability benefit" means: as regards Canada: the disability pensin payable under the Canada Pensin Plan; as regards Belgium: the benefits awarded under the legislatin cncerning invalidity insurance fr salaried wrkers, seamen f the merchant marine, mine wrkers and self-emplyed wrkers; (l) "children's benefits" means, as regards Canada, the rphan's benefits r disabled cntributr's child's benefits under the Canada Pensin Plan; (m) "death benefit" means, as regards Canada, the death benefit payable in a lump sum under the Canada Pensin Plan. 2. Any term nt defined in paragraph 1 f this Article has the meaning assigned t it in the applicable legislatin. 1. This Agreement shall apply: Article 2 a) as regards Canada: i. t the Old Age Security Act and t the regulatins made thereunder, and

4 ii. t the Canada Pensin Plan and t the regulatins made thereunder, b) as regards Belgium: t the laws cncerning: i. retirement and survivrs' pensin fr salaried wrkers and fr selfemplyed wrkers; ii. invalidity insurance fr salaried wrkers, sailrs f the merchant marine, mine wrkers and self-emplyed wrkers; iii. iv. and, with regard t Part III nly, t the laws cncerning: scial security fr salaried wrkers; the scial cde fr self-emplyed wrkers; v. sickness insurance fr salaried and self-emplyed wrkers; vi. vii. viii. ix. unemplyment insurance; family allwances fr salaried and self-emplyed wrkers; annual vacatins fr salaried wrkers; wrk accidents in the private sectr; x. ccupatinal diseases in the private sectr. 2. This Agreement applies r shall apply t all acts r regulatins which have amended r extended r which will amend r extend the legislatin specified in paragraph 1 f this Article. 3. This Agreement shall apply t any act r regulatin which will extend the existing plans t ther categries f beneficiaries if, in this respect, the State which has amended its legislatin des nt ntify the ther State f its bjectins within three mnths f the fficial publicatin f the said acts.

5 PART II - Equality f Treatment and Persnal Scpe f Applicatin Article 3 1. Natinals f ne f the Cntracting States shall be subject t the bligatins f the legislatin f the ther State and shall benefit frm that legislatin under the same cnditins as natinals f that State. 2. Prvisins cntained in the legislatin f ne f the Cntracting States which restrict the rights f aliens, impse minimum perids f residence r disqualify aliens because f their place f residence, shall nt be applied t natinals f the ther State. 3. This Agreement shall apply t persns wh are r wh have been subject t the legislatin f ne f the tw Cntracting States and wh are natinals f ne f thse States as well as t the members f the family f such persns and t their survivrs. 4. This Agreement shall apply t the survivrs and t the members f the family f persns wh were subject t the legislatin f ne f the Cntracting States, regardless f the natinality f the deceased, if the survivrs r family members are Canadian r Belgian natinals. 5. Fr the purpses f this Agreement, natinals f ne r f the ther Cntracting State shall include: a) with respect t the legislatin f Canada: persns wh are r have been subject t the Canadian legislatin specified in paragraph 1(a) f Article 2; b) with respect t the legislatin f Belgium and t the extent that they reside in the territry f ne f the Cntracting States: i. refugees within the meaning f the Cnventin n the Status f Refugees f July 28, 1951 and the Prtcl n the Status f Refugees f January 31, 1967; ii. stateless persns within the meaning f the Cnventin n the Status f Stateless Persns f September 28, 1954; iii. relatives and survivrs deriving rights in respect f refugees and stateless persns. 6. The prvisins f paragraphs 2 and 6 f Article 5 shall be applicable withut restrictin by reasn f natinality. 7. Retirement and survivrs' pensins based n insurance perids cmpleted under the legislatin f Belgium may be paid in favur f natinals f a third State with which Belgium has a scial security cnventin, prvided that they reside in the territry f Canada.

6 Article 4 The legislatin f ne Cntracting State which prvides fr the reductin, suspensin r terminatin f benefits when these benefits cincide with ther scial security benefits, a remuneratin r incme frm a prfessinal activity shall be applied t beneficiaries wh receive benefits paid under the legislatin f the ther Cntracting State r a remuneratin r incme frm a prfessinal activity in the ther Cntracting State. Hwever, this rule shall nt be applied in the case f cinciding benefits f the same type, calculated prprtinately t the duratin f the perids f insurance in bth Cntracting States. Fr the applicatin f this Article: a. the Canadian benefits specified in Part V shall be cnsidered as benefits calculated prprtinately; b. the Spuse's Allwance shall nt be taken int accunt. Part III - Applicable Legislatin Article 5 1. Subject t the fllwing prvisins f this Article, an emplyed persn wh wrks in the territry f ne f the Cntracting States shall, in respect f that wrk be subject nly t the legislatin f that State. 2. a) An emplyed persn wh is cvered under the legislatin f ne f the Cntracting States and wh perfrms services in the territry f the ther Cntracting State fr the same emplyer shall, in respect f thse services, remain subject nly t the legislatin f the frmer Cntracting State as thugh thse services were perfrmed in its territry and prvided that such assignment des nt exceed twenty-fur mnths. b) The prir cnsent f the cmpetent authrities f bth Cntracting States shall be required fr the extensin, as apprpriate, f the applicatin f the legislatin f the frmer Cntracting State when the assignment extends beynd twentyfur mnths. 3. The prvisins f paragraph 2 shall apply even if the services perfrmed in the territry f the ther Cntracting State are cnsidered t be self-emplyment under the legislatin f that State.

7 4. a) A self-emplyed persn wh wrks as such in the territries f bth Cntracting States shall be subject nly t the legislatin f the Cntracting State in the territry f which he rdinarily resides. b) In determining the amunt f cntributins payable under the legislatin f that Cntracting State, the earnings derived frm the self-emplyment in the territries f bth Cntracting States may be taken int accunt. 5. a) A persn wh is emplyed as a member f the crew f a ship r aircraft shall, in respect f that wrk, be subject nly t the legislatin f the Cntracting State in the territry f which the enterprise by which he is emplyed has its head ffice. b) Hwever, persns wh are nt rdinarily emplyed at sea but wh are emplyed in the territrial waters r in a prt f ne f the Cntracting States n a ship f the ther Cntracting State withut belnging t the crew f that ship, shall be subject t the legislatin f the frmer Cntracting State. c) Fr the purpses f subparagraph (b) the expressin "ship f a Cntracting State" means, in relatin t Canada, a ship whse crew is emplyed by an emplyer whse head ffice is lcated in Canada, and in relatin t Belgium, a ship that flies the flag f Belgium. 6. a) Subject t the prvisins f paragraph 5, persns emplyed by a transprt enterprise that has its head ffice in the territry f ne f the Cntracting States wh are assigned t the territry f the ther Cntracting State r wh wrk there either n a shrt term basis r as itinerant persnnel, shall be subject t the legislatin f the Cntracting State in the territry f which the enterprise has its head ffice. b) If, hwever, the enterprise has a branch r permanent representatin in the territry f the ther Cntracting State, persns emplyed by that branch r representatin shall be subject t the legislatin f the Cntracting State in the territry f which it is lcated, except fr thse wh are sent there n a temprary basis. 7. An emplyed persn shall, in respect f the duties f a gvernment emplyment perfrmed in the territry f the ther Cntracting State, be subject t the legislatin f the latter State nly if he is a natinal theref r if he rdinarily resides in its territry. In the latter case he may, hwever, elect t be subject nly t the legislatin f the frmer Cntracting State if he is a natinal theref. This electin may be made nly nce and must be made within the time limit specified in the Administrative Arrangement. 8. The cmpetent authrities f the tw Cntracting States may, by cmmn agreement, make exceptins t the prvisins f this Article in the interests f certain persns r categries f persns.

8 Part IV - Definitin f Certain Perids f Residence With Respect t the Legislatin f Canada Article 6 Fr the purpse f calculating benefits under the Old Age Security Act: a. if a persn, ther than a member f the crew f a ship r aircraft, is subject t the Canada Pensin Plan r t the cmprehensive pensin plan f a prvince f Canada during any perid f residence in the territry f Belgium, that perid shall be cnsidered as a perid f residence in Canada fr that persn as well as fr his spuse and dependants wh reside with him and wh are nt subject t the legislatin f Belgium by reasn f emplyment; b. if a persn, ther than a member f the crew f a ship r aircraft, is subject t the legislatin f Belgium during any perid f residence in the territry f Canada that perid shall nt be cnsidered as a perid f residence in Canada fr that persn r fr his spuse r dependants wh reside with him and wh are nt subject t the Canada Pensin Plan r t the cmprehensive pensin plan f a prvince f Canada by reasn f emplyment; c. if a persn referred t in sub-paragraph (b) f this Article becmes subject t the Canada Pensin Plan r t the cmprehensive pensin plan f a prvince f Canada, by virtue f ccupying simultaneusly mre than ne emplyment, that perid shall nt be cunted as a perid f residence in Canada. Part V - Abut Benefits Chapter I - General Prvisins Article 7 1. If a persn is nt entitled t a benefit n the basis f the insurance perids under the legislatin f ne f the Cntracting States, eligibility fr that benefit shall be determined by ttalizing these perids and thse stipulated in paragraphs 2 and 3 f this Article, prvided that the perids d nt verlap. 2. a) Fr purpses f determining eligibility fr a benefit payable by Canada under the Old Age Security Act, a perid f residence in the territry f Belgium after the age at which perids f residence in Canada are creditable fr purpses f that Act, shall be accepted as a perid f residence in the territry f Canada. b) In applying sub-paragraph (a), insurance perids cmpleted under Belgian legislatin shall be recgnized as perids f residence

9 in the territry f Belgium, if, after ttalizing, the perids referred t in sub-paragraph (a) are insufficient t establish eligibility fr a benefit payable by Canada under the Old Age Security Act. c) Fr purpses f determining eligibility fr a benefit payable by Canada under the Canada Pensin Plan, a year including at least three mnths f insurance under the legislatin f Belgium shall be cnsidered as a year fr which cntributins have been made under the Canada Pensin Plan. 3. Fr purpses f determining eligibility fr a benefit payable by Belgium: a) a mnth ending n r befre December 31, 1965 which is recgnized as a mnth f residence under the Old Age Security Act f Canada shall be accepted as a mnth f insurance under the legislatin f Belgium; b) a year cmmencing n r after January 1, 1966, in which a cntributin has been made under the Canada Pensin Plan shall be accepted as ne year f insurance under the legislatin f Belgium; c) a mnth cmmencing n r after January 1, 1966 which is recgnized as a mnth f residence under the Old Age Security Act f Canada and in relatin t which n cntributin has been made under the Canada Pensin Plan shall be accepted as a mnth f insurance under the legislatin f Belgium. 4. The prvisins f this Article shall apply equally twards the maintenance and twards the recvery f entitlement t a benefit. 5. In cases f verlapping perids, nly the insurance perid crrespnding t a perid f prfessinal activity shall be taken int accunt. 6. Fr purpses f determining entitlement t benefits, a perid which is recgnized as equivalent t an insurance perid under the laws f bth Cntracting States shall be taken int accunt slely by the Cntracting State where the persn last wrked prir t the perid in questin. Article 8 1. Ntwithstanding the prvisins f Article 7, if the ttal duratin f insurance perids cmpleted under the legislatin f ne Cntracting State is less than ne year and if, by virtue f these perids alne, there is n entitlement t a benefit under that legislatin, the institutin f that State need nt grant benefits in respect f such perids.

10 2. Such perids shall be taken int accunt by the cmpetent institutins f the ther Cntracting State in applying the prvisins f Articles 9, 10 and 11. Chapter II Benefits Payable by Canada Article 9 Benefits Payable Under the Old Age Security Act 1. a) If a persn is entitled t payment f a pensin in Canada under the Old Age Security Act, withut recurse t the prvisins f this Article, but has nt accumulated sufficient perids f residence in Canada t qualify fr payment f the pensin abrad under that Act, a partial pensin shall be payable t him utside the territry f Canada if the perids f residence in the territries f the tw Cntracting States, when ttalized as prvided in Article 7, are at least equal t the minimum perid f residence in Canada required by the Old Age Security Act fr payment f a pensin abrad. b) The amunt f the pensin payable shall, in this case, be calculated in cnfrmity with the prvisins f the Old Age Security Act gverning the payment f a partial pensin, exclusively n the basis f the perids creditable under that legislatin. 2. a) If a persn is nt entitled t an Old Age Security pensin r a spuse's allwance slely n the basis f perids f residence in Canada, a partial pensin r a spuse's allwance shall be payable t him if the perids f residence in the territries f the tw Cntracting States, when ttalized as prvided in Article 7, are at least equal t the minimum perid f residence in Canada required by the Old Age Security Act fr payment f a pensin r a spuse's allwance. b) The amunt f the pensin r the spuse's allwance payable shall, in this case, be calculated in cnfrmity with the prvisins f the Old Age Security Act gverning the payment f a partial pensin r spuse's allwance, exclusively n the basis f the perids creditable under that legislatin. 3. a) Ntwithstanding any ther prvisin f this Agreement, Canada shall nt be liable t pay an Old Age Security pensin utside f its territry unless the perids f residence in the territries f the tw Cntracting States, when ttalized as prvided in Article 7, are at least equal t the minimum perid f residence in Canada required by the Old Age Security Act fr the payment f a pensin abrad.

11 b) The spuse's allwance and the guaranteed incme supplement shall be payable utside the territry f Canada nly t the extent permitted by the Old Age Security Act. Article 10 Benefits Payable Under the Canada Pensin Plan 1. a) If a persn is nt entitled t a disability pensin, disabled cntributr's child's benefit, survivr's pensin, rphan's benefit r death benefit slely n the basic f the perids creditable under the Canada Pensin Plan, but is entitled t that benefit thrugh ttalizing creditable perids as prvided in Article 7, the cmpetent institutin f Canada shall calculate the amunt f the earningsrelated prtin f such benefit in cnfrmity with the prvisins f the Canada Pensin Plan, exclusively n the basis f the pensinable earnings credited under that legislatin. b) The amunt f the flat rate prtin f the benefit payable under the prvisins f this Agreement shall, in this case, be determined by multiplying: (i) the amunt f the flat rate prtin f the benefit determined under the prvisins f the Canada Pensin Plan; by (ii) the rati that the perids f cntributins t the Canada Pensin Plan represent in relatin t the ttal f the perids f cntributins t the Canada Pensin Plan and f nly thse perids creditable under the legislatin f Belgium which are required t satisfy the minimum requirements fr entitlement t that benefit under the Canada Pensin Plan. 2. N benefit shall be paid under this Article unless the cntributr's cntributry perid, as defined in the Canada Pensin Plan, is at least equal t the minimum qualifying perid required under the legislatin f Canada fr entitlement t the benefit in questin.

12 Chapter III Benefits Payable by Belgium Article 11 Benefits Under The Invalidity Insurance And Under The Old Age And Survivrs' Insurance 1. The institutin f Belgium shall determine, accrding t the prvisins f the applicable legislatin, if the insured persn fulfills the required cnditins fr entitlement t benefits, taking int accunt, where necessary, the prvisins f Article If the insured persn des fulfill the cnditins referred t in paragraph 1 f this Article, the said institutin shall calculate the theretical amunt f the benefit t which he wuld be entitled if all the perids cmpleted under the legislatin f each Cntracting State had been cmpleted exclusively under the legislatin being applied. If, under that legislatin, the amunt f the benefit des nt depend n the duratin f the insurance perids, this amunt is cnsidered as the theretical amunt. 3. The said institutin shall then calculate the actual amunt f benefit due t the interested persn, n the basis f the theretical amunt referred t in paragraph 2 f this Article, and multiply this amunt by the fractin represented by the duratin f the insurance perids cmpleted under the applicable legislatin prir t the cntingency, in relatin t the ttal duratin f the insurance perids cmpleted under the legislatin f bth Cntracting States prir t the cntingency. 4. If the cmputatin f the amunt determined slely n the basis f the insurance perids cmpleted in Belgium results in an amunt at least equal t the amunt btained thrugh the cmputatin methd referred t in paragraphs 2 and 3 f this Article, the cmpetent institutin f Belgium may apply this direct cmputatin methd. Article Where, under the legislatin f Belgium, the awarding f a benefit is subject t insurance perids having been cmpleted in a given prfessin, nly the perids cmpleted r recgnized as equivalent in the same prfessin in Canada shall be ttalized t determine eligibility fr such benefit. 2. If, after taking int accunt the perids s cmpleted, the interested persn des nt fulfill the required cnditins t receive such benefit, thse perids shall be taken int accunt fr purpses f awarding benefits payable under the general scheme.

13 3. The awarding f a retirement pensin befre the age f fifty-five shall be limited t miners wh fulfill the cnditins impsed by the said legislatin, taking int accunt nly the wrk perfrmed in cal mines r undergrund quarries f Belgium. Chapter IV Prvisins Cmmn t Chapters I, II and III Article When an insured persn des nt fulfill at the same time the cnditins impsed by the legislatin f bth Cntracting States, taking int accunt the ttalized perids referred t in Article 7, entitlement t a benefit shall be determined, with respect t each legislatin, as sn as these cnditins are fulfilled. 2. Perids during which a benefit is paid by virtue f paragraph 1 f this Article by the Cntracting State where the cnditins are fulfilled shall be cunted as insurance perids in the first Cntracting State when determining eligibility fr benefits under the legislatin f the ther Cntracting State. 3. a) In the case referred t in paragraph 1 f this Article, a pensin paid by Belgium shall be revised in accrdance with Article 11, frm the date n which entitlement t a pensin is established under the legislatin f Canada. b) In applying this Article, the awarding f a spuse's allwance payable by Canada under the terms f Part V shall nt result in the revisin f a pensin already in pay. Article If, after suspensin f a disability benefit the insured persn reestablishes eligibility fr that pensin, payment f the benefits shall be resumed by the institutin respnsible fr paying the riginal pensin. 2. If, after cancellatin f a disability benefit, the state f health f the insured persn warrants the awarding f a new disability benefit, the rules established by Chapters II and III f Part V shall be applicable, subject t Article 7.

14 Article 15 Increases and adjustments prvided by the legislatin f Belgium and by the legislatin f Canada, namely n the basis f variatins in wage levels r f increases in the cst f living, shall be applied directly by each Cntracting State t the benefits awarded in accrdance with Articles 9, 10 and 11, withut it being necessary t recalculate the amunt f such benefits accrding t the prvisins f the said Articles. Article Subject t the prvisins f Article 9 f this Agreement, where the payment f invalidity, ld age and survivrs' benefits is subject t cnditins f residence impsed by the legislatin f either Cntracting State, such residence cnditins shall nt apply t Belgian and Canadian natinals as lng as they reside in the territry f either Cntracting State. 2. The cmpetent authrity f either Cntracting State may, hwever, require that the beneficiary f an invalidity pensin btain authrizatin frm the cmpetent institutin befre returning r transferring his residence t the territry f the ther Cntracting State. 3. Such authrizatin may nt be refused unless such mve by the interested persn is nt recmmended fr duly established medical reasns. Part VI - Miscellaneus Prvisins Article A general administrative arrangement agreed t by the cmpetent authrities f tw Cntracting States shall set ut, t the extent necessary, the cnditins under which this Agreement will be applied. 2. In this administrative arrangement the tw Cntracting States will designate their liaisn agencies. 3. The cmpetent authrities and the institutins respnsible fr applying the Agreement: a) shall define the prcedures fr mutual assistance and, as required, the prcedures fr the allcatin f expenses assciated with btaining medical, administrative and

15 ther evidence required fr the applicatin f this Agreement; b) shall cmmunicate t each ther infrmatin cncerning the measures taken fr the applicatin f this Agreement; c) shall directly cmmunicate t each ther, as sn as pssible, infrmatin cncerning all changes in their respective laws t the extent that these changes might affect the applicatin f this Agreement r f the administrative arrangement. 4. Any infrmatin abut an individual which is transmitted in accrdance with this Agreement t ne Cntracting State by the ther Cntracting State is cnfidential and shall be used nly fr purpses f applying this Agreement and the legislatin t which this Agreement applies and fr n ther purpse. Article Fr the applicatin f this Agreement, the administrative authrities and the cmpetent institutins f bth Cntracting States shall lend each ther their gd ffices as they wuld fr the applicatin f their wn legislatin. In principle, this assistance shall be prvided free f charge; hwever, the cmpetent authrities may agree n the reimbursement f sme expenses. 2. The benefit f the exemptins r reductins f taxes, r stamp duties r f registratin r recrding fees prvided fr by the legislatin f ne Cntracting State in respect f certificates r ther dcuments which must be prduced fr the applicatin f the legislatin f that State shall be extended t certificates r ther dcuments t be prduced fr the applicatin f the legislatin f the ther State. 3. All acts, dcuments and certificates which must be reprduced fr the applicatin f this Agreement shall be exempt frm ntarizatin by diplmatic r cnsular authrities. 4. Claims, ntices and appeals which shuld be submitted within a specified perid t the authrity, institutin r jurisdictin f ne f the Cntracting States authrized t accept them, are acceptable if they are presented within the same specified perid t a crrespnding authrity, institutin r jurisdictin f the ther State. In this case the claims, ntices and appeals must be sent withut delay t the authrity, institutin r jurisdictin f the first State, either directly r thrugh the cmpetent authrities f the Cntracting States. The date n which these claims, ntices r appeals have been submitted t an authrity, institutin r jurisdictin f the secnd State shall be cnsidered t be the date f submissin t the

16 authrity, institutin r jurisdictin authrized t accept such claims, ntices r appeals. 5. Fr the applicatin f this Agreement, the cmpetent authrities and the agencies f the Cntracting States may cmmunicate directly with each ther as well as with any persn, regardless f the residence f such persns. Such cmmunicatin may be made in ne f the fficial languages f the Cntracting States. 6. An applicatin r dcument may nt be rejected because it is written in an fficial language f the ther Cntracting State. Article The benefit paying institutins shall discharge their bligatins under this Agreement in their natinal currency. 2. Shuld currency restrictins be impsed by either Cntracting State, prvisins shall be made, by agreement between bth Gvernments t ensure the payment f any sums due by either side in accrdance with the prvisins f this Agreement. Article 20 The cmpetent authrities f the tw Parties shall reslve, t the extent pssible, any difficulties which arise in interpreting r applying this Agreement accrding t its spirit and fundamental principles. Part VII - Transitinal and Final Prvisins Article This Agreement shall apply t events which ccurred prir t its cming int frce. 2. This Agreement shall nt create any entitlement t benefits fr any perid prir t its cming int frce. 3. All insurance r equivalent perids, as well as all perids f residence cmpleted under the legislatin f ne f the Cntracting States prir t the date n which this Agreement cmes int frce shall be taken int cnsideratin in determining entitlement t any benefit in accrdance with the prvisins f this Agreement.

17 Article Subject t the prvisins f Articles 9 and 21, any benefit that was nt determined and paid r that was suspended by reasn f the natinality f the interested persn r by reasn f his residence in the territry f a Cntracting State ther than that in which the institutin respnsible fr payment is lcated shall, n applicatin by the interested persn, be determined and paid r reinstituted frm the cming int frce f this Agreement. 2. The entitlement f interested persns wh, prir t the cming int frce f this Agreement, btained payment f a pensin r annuity may be revised upn applicatin by thse persns, in accrdance with the prvisins f this Agreement. In n case shall such a revisin result in a reductin f the prir entitlement f interested persns. 3. If the applicatin referred t in paragraphs 1 and 2 f this Article is made within tw years f the cming int frce f this Agreement, any entitlement arising frm the applicatin f this Agreement shall be effective frm that date, and the legislatin f either Cntracting State cncerning the frfeiture r the prescriptin f rights shall nt be applicable t such interested persns. 4. If the applicatin referred t in paragraphs 1 and 2 f this Article is made after the expiratin f the tw-year delay fllwing the cming int frce f this Agreement, the rights which are nt subject t frfeiture r which are nt prescribed shall be acquired frm the date f applicatin, unless mre favurable legislative prvisins f either Cntracting State are applicable. Article 23 ( 2 repealed by Prtcl f 11 March 1996, B.S./M.B ) The cmpetent authrities f Belgium and the cmpetent authrities f prvinces f Canada may cnclude understandings cncerning any scial security legislatin within prvincial jurisdictin insfar as thse understandings are nt incnsistent with the prvisins f this Agreement. Article 24 This Agreement will be ratified and the instruments f ratificatin will be exchanged as sn as pssible. It will cme int frce n the first day f the secnd mnth fllwing the date f the exchange f the instruments f ratificatin.

18 Article This Agreement shall remain in frce withut any limitatin n its duratin. It may be denunced by either Cntracting State giving twelve mnths' ntice in writing t the ther. 2. In the event f denunciatin f this Agreement, any rights acquired by virtue f its prvisins shall be maintained. Arrangements between the cmpetent authrities f bth Cntracting States shall settle the dispsitin f rights in the curse f acquisitin. Dne at Brussels, this 10 th day f May, 1984, in tw cpies, in English, French and Dutch, each text being equally authentic. Fr the Gvernment f Canada Mnique BEGIN Fr the Belgian Gvernment J.-L. DEHAENE