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Untitled DocumentThe Government of Canada and The Government of the People's Republic of China, Committed to develop friendly relations between Canada and the People's Republic of China (hereinafter referred to as the Contracting States), Resolved to co-operate in the field of social security, Have decided to conclude an agreement for this purpose, and Have agreed as follows:
1. For the purposes of this Agreement: “competent agency” means, for Canada, the departments or agencies that are responsible for the application of the legislation of Canada; and for the People's Republic of China, the Social Insurance Administration of the Ministry of Human Resources and Social Security or other bodies designated by that Ministry; “competent authority” means, for Canada, the Minister or Ministers that are responsible for the application of the legislation of Canada; and for the People's Republic of China, the Ministry of Human Resources and Social Security; “legislation” means, for Canada, the laws and regulations specified in Article 2; and for the People's Republic of China, the laws, the administrative, ministerial, and local rules and regulations, and the other legal documents concerning the social insurance systems specified in Article 2. 2. A term not defined in this Article has the meaning assigned to it in the legislation of the respective Contracting States.
2. For Canada, this Agreement applies to the following legislation:
3. This Agreement also applies to laws and regulations that amend, supplement, consolidate, or supersede the legislation specified in paragraphs 1 and 2. However, this Agreement does not apply to an amendment that establishes a new social security scheme, unless the competent authorities of the Contracting States jointly decide to apply that amendment.
4. Unless otherwise provided in this Agreement, the legislation referred to in this Article does not include other treaties or international agreements on social security that may be concluded between one Contracting State and a third State, or laws and regulations that are promulgated to implement those other treaties or international agreements.
This Agreement applies to any person who is or who has been subject to the legislation of one or both Contracting States, and to any person who derives rights from that person under the applicable legislation of either Contracting State.
A Contracting State shall treat all persons to whom this Agreement applies equally in regard to rights and obligations that arise under the legislation of that Contracting State or under this Agreement.
Except as otherwise provided in Articles 6 to 9:
Article 6
is, in respect of that work, subject only to the legislation of the first Contracting State as though that work were performed in its territory. The maximum period of that detachment is 72 months.
2. If the detachment continues beyond the period specified in paragraph 1, the legislation of the first Contracting State continues to apply, provided that the competent authorities or competent agencies of the Contracting States consent.
A person who is subject to the legislation of both Contracting States in respect of employment 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 Contracting State where that person resides.
1. Notwithstanding this Agreement, the provisions regarding social security of the Vienna Convention on Diplomatic Relations of 18 April 1961 and the Vienna Convention on Consular Relations of 24 April 1963 continue to apply.
2. For the People's Republic of China, if a person employed by the central or local government, or any other public institution, is subject to the legislation of the People's Republic of China and is sent to work in the territory of Canada, that person is, with respect to that employment, subject only to the legislation of the People's Republic of China.
3. For Canada, if a person in government employment is subject to the legislation of Canada and is sent to work in the territory of the People's Republic of China, that person is, with respect to that employment, subject only to the legislation of Canada.
The competent authorities of the Contracting States may jointly grant an exception to the application of Articles 5 to 8 with respect to any person or categories of persons, if that person is subject to the legislation of either Contracting State.
1. For the purposes of the Old Age Security Act:
2. For the purposes of paragraph 1, Canada:
1. The competent authorities of the Contracting States shall conclude an administrative arrangement that establishes the measures necessary to apply this Agreement.
2. In the administrative arrangement, the competent authorities of each Contracting State shall designate a liaison agency.
1. A Contracting State, through its competent authority or competent agency responsible for the application of this Agreement shall:
2. Unless disclosure is required under the laws of a Contracting State, any information about a person that is transmitted from one Contracting State to the other Contracting State in accordance with this Agreement is confidential and is used only to implement this Agreement and the legislation to which this Agreement applies. Any information about a person that is obtained by the receiving Contracting State may not be disclosed subsequently to any other person, body or country unless the sending Contracting State is notified and considers it advisable and the information is disclosed only for the same purpose for which it was originally disclosed.
1. If one Contracting State's legislation provides that a person is exempt from paying all or part of a legal, consular, or administrative fee for a certificate or document that is required to apply that legislation, the same exemption applies to any fee for a certificate or document that is required to apply the legislation of the other Contracting State.
2. Any documents of an official nature required for the application of this Agreement are exempt from requirements for authentication by diplomatic or consular authorities or a third party.
1. For the application of this Agreement, the competent authorities and competent agencies of the Contracting States may communicate directly with one another in any official language of either Contracting State.
2. A Contracting State shall not reject a document on the sole basis that the document is in an official language of the other Contracting State.
1. The competent authorities of the Contracting States shall resolve, to the extent possible, any disputes which arise in interpreting or applying this Agreement, in accordance with the spirit and fundamental principles of this Agreement.
2. The Contracting States shall promptly settle through negotiations any dispute that is not resolved in accordance with paragraph 1.
The relevant authority of the People's Republic of China and a province of Canada may conclude understandings concerning any social security matter within provincial jurisdiction in Canada if those understandings are not inconsistent with this Agreement.
If a person begins a detachment before the date of entry into force of this Agreement, the period of the detachment for the purposes of Article 6 begins on the date of entry into force of this Agreement.
1. Each Contracting State shall notify the other by diplomatic note that it has completed the internal legal procedures necessary for the entry into force of this Agreement. This Agreement enters into force on the first day of the fourth month following the month in which the later note is received.
2. This Agreement remains in force indefinitely. A Contracting State may terminate it at any time by giving 12 months' notice, in writing, through diplomatic channels to the other Contracting State.
3. If this Agreement is terminated, any right acquired by a person in accordance with its provisions is maintained.
IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Governments, have signed this Agreement.
DONE in duplicate at Ottawa this 2nd day of April 2015, in the English, French, and Chinese languages, each version being equally authentic.
FOR THE GOVERNMENT OF CANADA
FOR THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA