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11 MARCH 2010. - An Act to approve the Agreement on Social Security between the Kingdom of Belgium and Quebec, signed at Quebec on March 28, 2006 (1) (2)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Agreement on Social Security between the Kingdom of Belgium and Quebec, signed at Quebec on March 28, 2006, will come out with its full effect.
Art. 3. The amendments to the provisions of sections 7 to 10 of the Agreement, as provided for in Article 11 of the Agreement, shall be effective and full.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 11 March 2010.
ALBERT
By the King:
Minister of Foreign Affairs,
S. VANACKERE
The Minister of Social Affairs,
Ms. L. ONKELINX
Minister of Pensions,
Mr. DAERDEN
Minister of Independents,
Mrs. S. LARUELLE
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
___
Note
2008-2009 and 2009-2010:
Senate:
Documents. - Bill tabled on 9 July 2009, No. 4-1391/1. - Report, No. 4-1391/2.
Annales parliamentarians. - Discussion, meeting of November 12, 2009. - Vote, meeting of 12 November 2009.
House of Representatives:
Documents. - Project transmitted by the Senate, No. 52-2242/1 - Text adopted in plenary and subject to Royal Assent, No. 52-2242/2
Annales parliamentarians. - Discussion, meeting of December 3, 2009. - Vote, meeting of 3 December 2009.
This Agreement comes into force on 1^er November 2010, in accordance with article 46.
Agreement on Social Security between the Kingdom of Belgium and Quebec
The Government of the Kingdom of Belgium
and
The Government of Quebec,
Desirous of providing their respective insured persons with the benefits of coordinating their social security legislation, agreed to conclude the following Agreement:
PART I^er. - General provisions
Article 1^er
Definitions
1. For the purposes of this Agreement:
(a) the term "national" means:
concerning Belgium: a person of Belgian nationality;
with respect to Quebec: a person of Canadian citizenship who is subject to the legislation referred to in section 2, paragraph 1^er(b), or has been subject to this legislation and has acquired rights under it;
(b) the term "laws" means the laws and regulations referred to in section 2;
(c) the term "competent authority" means: Ministers responsible, each with respect to it, for the application of the legislation referred to in Article 2;
(d) the term "organization" means the institution, organization or authority responsible for applying, in whole or in part, the legislation referred to in section 2;
e) the term "insurance period" means:
in respect of Belgium: any period recognized as such by the legislation under which this period was completed, and any period recognized by that legislation as equivalent to an insurance period;
in respect of Quebec: any year for which contributions have been paid or a disability pension has been paid under the Quebec Pension Plan Act or any other year considered equivalent; for the purposes of Chapter 3, Part III, eligibility periods under the Quebec Health Insurance Act;
(f) the term "retirement" means any pension, annuity, lump sum or other cash benefit, including any supplement or increase applicable under the legislation referred to in section 2;
(g) the term "benefit" means any in-kind or cash benefit provided by the legislation of each Party, including any supplements or increases that are applicable under the legislation referred to in Article 2;
(h) the term "family member" means:
in respect of Belgium, any person defined or admitted as a member of the family or designated as a member of the household by Belgian law or, in the case referred to in article 24, by Quebec legislation;
and in respect of Quebec, the spouse and dependants as defined by the Quebec Health Insurance Act or, in the case referred to in Article 24, by Belgian legislation;
(i) the term "patride" means: any person defined as stateless in section 1^er Convention on the Status of Stateless Persons of 28 September 1954;
(j) the term "refugee" means any person who has been granted refugee status under the Convention of 28 July 1951 relating to the Status of Refugees and the Additional Protocol of 31 January 1967.
2. Any term not defined in paragraph 1^er of this section has the meaning assigned to it by the legislation that applies.
Article 2
Field of material application
1. This Agreement applies:
(a) with regard to Belgium, the relevant legislation:
(i) retirement and survival pensions for employees and self-employed persons;
(ii) the disability allowances of employed workers, minor workers, merchant navy sailors and independent workers;
(iii) health care insurance for employees and self-employed persons;
(iv) occupational accidents and diseases;
and, with respect to Part II, the relevant legislation:
(v) social security of employed workers;
(vi) social status of independent workers;
(b) with respect to Quebec, the relevant legislation:
(i) the Quebec Pension Plan;
(ii) health insurance, hospital insurance, drug insurance and other health services;
(iii) occupational accidents and diseases.
2. This Agreement also applies to all legislative or regulatory acts that will amend, supplement or replace the legislation listed in subsection 1^er of this article.
It will apply to legislative or regulatory acts that will extend existing regimes to new categories of beneficiaries or pensions if there is not, in this regard, opposition from the Party amending its legislation, notified to the other Party within six months of the official publication of such acts.
This Agreement shall not apply to legislative or regulatory acts establishing a new branch of social security unless an agreement is reached between the Parties for that purpose.
Article 3
Field of personal application
1. Unless otherwise provided, this Agreement applies, with respect to Belgium:
(a) persons who are or have been subject to its legislation and are nationals of one of the Parties, and members of their families and survivors;
(b) Survivors and family members of persons who have been subjected to their legislation, regardless of their nationality, where such survivors or family members are nationals of one of the Parties.
2. For the purposes of paragraph 1^er, are assimilated to nationals of one of the Parties, provided they reside in the territory of one of the Parties, refugees, stateless persons, family members and survivors.
3. Except as otherwise provided, this Agreement shall apply, with respect to Quebec, to persons who are or have been subject to its legislation and to their dependants, survivors and beneficiaries.
4. Unless otherwise provided, articles 7 to 11 shall apply without a condition of nationality.
Article 4
Equal treatment
Unless otherwise provided in this Agreement, the persons referred to in Article 3 shall be subject to the obligations and shall be entitled to the law of either Party under the same conditions as the nationals of that Party.
Article 5
Export of pensions and benefits
1. Unless otherwise provided by the Agreement, pension and survival, disability and cash benefits of occupational accidents and diseases acquired under the legislation of a Party, or under the Agreement, may not be reduced, altered, suspended, suppressed or confiscated, solely because the beneficiary resides or stays in the territory of the other Party; these pensions and benefits are payable on the territory of the other Party.
2. Retirement and survival pensions and cash benefits for work and occupational illnesses payable under the Agreement by a Party in the territory of the other Party are also payable outside the territory of the two Parties under the same conditions as the first Party applies to its nationals under its domestic legislation.
Article 6
Reduction or suspension clauses
The reduction or suspension clauses provided for in the legislation of a Party, in the event of a cumulative pension or benefit with other social security benefits or with income obtained as a result of the exercise of a professional activity, shall be applicable to beneficiaries, even if it is a benefit acquired under a plan of the other Party or if it is a revenue obtained by a Party engaged in a professional activity.
However, this rule is not applicable to the accumulation of two similar pensions or benefits.
PART II. - Provisions determining the applicable legislation
Article 7
General rule
Subject to Articles 8 to 11, workers engaged in work in the territory of a Party shall be subject to the legislation of that Party.
Article 8
Special rules
1. Employee workers who, being in the service of a company having in the territory of one of the Parties an establishment of which they normally belong, are detached by that company in the territory of the other Party to carry out work on behalf of the other Party, remain, as well as members of their accompanying family, subject to the legislation of the first Party as if they continue to be occupied on its territory, provided that the foreseeable duration of work does not exceed
2. The provisions of paragraph 1^er shall apply even if the work carried out in the territory of the other Party is considered to be an independent activity under the legislation of that Party.
3. Self-employed persons working in the territory of both Parties shall be subject only to the legislation of the Party in the territory of which they have their habitual residence.
For the determination of the amount of contributions due under the legislation of that Party, consideration may be given to the professional income of an independent worker in the territory of the two Parties.
4. In the event of a simultaneous exercise of an independent professional activity in Belgium and employee in Quebec, the latter activity is equivalent to an employee activity carried out in Belgium, with a view to fixing obligations arising from Belgian legislation relating to the social status of independent workers.
Article 9
Employee workers employed by an international carrier
1. Employee workers who work in the territory of the two Parties as personnel navigating from an international carrier that carries passengers or goods by air or sea, and that has its head office in the territory of one of the Parties, are subject only to the legislation of the Party in the territory of which the head office is located.
2. However, where the company has, in the territory of the other Party, a branch or permanent representation, the employed workers that it occupies are subject to the legislation of the Party in the territory of which it is located, with the exception of those who are sent to it on a non-permanent basis.
3. If employees work predominantly in the territory of the Party in which they reside, they are subject only to the legislation of that Party, even if the carrier who employs them has no seat, branch or permanent representation in that territory.
Article 10
Persons occupied on behalf of a public authority
1. A person occupied on behalf of a public authority of a Party and assigned to work in the territory of the other Party shall be subject only to the legislation of the first Party in respect of that employment.
2. A person permanently residing in the territory of a Party and occupied on behalf of a public authority of the other Party shall be subject only to the legislation applicable in that territory. However, if the person is a national of the Contracting Party who employs the person, the person may, within six months of the commencement of employment or the entry into force of the Agreement, choose to be subject only to the legislation of that Party.
3. With respect to Quebec, the term "public authority" refers to the Government of Quebec.
Article 11
Derogations
The competent authorities may, by mutual agreement, waive the provisions of sections 7 to 10 with respect to a worker or class of workers.
PART III. - Pension and benefits provisions
CHAPTER I^er. - Provisions relating to Belgian pensions
Section A. - Retirement and Survival Pensions
Article 12
1. Subject to the provisions of paragraph 2, the periods referred to in paragraph 4, (a) and (b), shall be totaled as necessary, provided that they do not overlap with the periods of insurance under Belgian law for the acquisition, maintenance or recovery of the right to pensions.
2. Where Belgian legislation provides for the granting of certain pensions provided that the periods of insurance have been completed in a specified profession are not totaled, for admission to the benefit of such pensions, only the periods referred to in paragraph 4 (a), and (b), during which the same profession was exercised in Quebec.
3. When Belgian legislation subordinates the granting of certain pensions provided that the insurance periods have been completed in a specified profession and when such periods have not been able to grant such pensions, such periods are considered valid for the liquidation of pensions provided for by the general pension scheme of employed workers.
4. When the competent body resorts to totalization, it proceeds as follows:
(a) it recognizes twelve months of contribution under the legislation of Belgium for each period of insurance certified by the competent body of Quebec;
(b) in the event that the right to a pension is not open despite the application of littera a), it recognizes a month of contribution according to the legislation of Belgium, when that month is considered a month of residence within the meaning of the law on the security of old age which applies in the territory of Quebec, provided that this month does not superimpose itself on an insurance period under the Quebec legislation;
(c) it shall, in accordance with paragraph 1^er or in paragraph 2, the periods of insurance carried out according to its legislation and the months recognized under littera (a) and (b).
Article 13
1. When a person meets the conditions required by Belgian legislation to be entitled to pensions without the need to complete the pension, the Belgian agency calculates the right to pension directly on the basis of insurance periods in Belgium and according to the only Belgian legislation.
The organization also calculates the amount of pension that would be obtained by application of the rules set out in paragraph 2 (a) and (b). The highest amount is only retained.
2. If a person can claim a pension under Belgian legislation, whose right is only open given the totalisation provided for in Article 12, the following rules apply:
(a) the Belgian agency calculates the theoretical amount of the pension that would be payable if all periods totaled under section 12 had been completed only under the legislation it applies;
(b) the Belgian agency then calculates the amount due, on the basis of the amount referred to in littera (a), on the basis of the duration of the insurance periods carried out under its sole legislation in relation to the duration of all periods recorded under (a).
Section B. - Invalidity
Article 14
For the acquisition, retention or recovery of the right to disability pension, the provisions of Article 12 shall apply by analogy.
Article 15
1. If the right to Belgian disability pensions is opened only by totalisation of Québec and Belgian periods in accordance with article 14, the amount of the pension due shall be determined in accordance with the terms and conditions set out in article 13, paragraph 2.
2. When the right to Belgian disability pension is opened without the need to appeal to the provisions of article 14, and the amount resulting from the addition of the Quebec pension and the Belgian pension calculated in accordance with paragraph 1^er of this article, is less than the amount of the pension due on the basis of the only Belgian legislation, the competent Belgian institution allocates an equal supplement to the difference between the sum of the above-mentioned pensions and the amount due under the only Belgian legislation.
Article 16
Notwithstanding the provisions of Article 14, in cases referred to in Article 15, paragraph 1^erno disability pension is payable by Belgium when the insurance periods under its legislation, prior to the realization of the risk, do not reach a year as a whole.
Article 17
1. By derogation from the provisions of Article 12, paragraph 1^er and Article 16, the rights to disability pensions of workers who have been occupied in mines or quarries with underground exploitation in Belgium and Quebec are determined in accordance with the rules set out in Article 13, when, taking into account the periods totaled for this purpose, these workers meet the conditions set out in the Belgian special legislation on the disability of minor and assimilated workers.
2. For the purposes of paragraph 1^er, are totaled with periods of actual occupation or assimilated in Belgian underground mining or quarries, the periods referred to in section 12, paragraph 4 in which the same profession was exercised in Quebec, both for the acquisition and for the determination of the law.
3. If, in view of the periods thus totaled, the person concerned does not meet the conditions required to benefit from the pensions provided for in the Belgian special legislation on the disability of minor and assimilated workers, the periods of actual occupation or occupation in the mines or careers with Belgian underground exploitation are taken into account in the granting of pensions of the disability insurance scheme of employed workers.
Article 18
In the event of a transfer of residence and temporary residence in Quebec, the competent Belgian authority may require that the holder of a disability pension obtain the authorization of the competent Belgian agency. This authorization may then be refused only if the movement of the interested party is not recommended for medical reasons.
Section C. - Common provisions for Belgian pensions
Article 19
1. If, due to the increase in the cost of living, the change in the level of wages or other accommodations, Quebec pensions are amended by a percentage or amount determined, a new calculation of Belgian pensions is not required.
2. On the other hand, in the event of a change in the method of establishment or the rules for calculating Québec pensions, a new calculation of the Belgian pension is made in accordance with Article 13.
CHAPTER II. - Provisions relating to Quebec pensions
Rule 20
1. For the acquisition, retention or recovery of the right to Québec pension, the insurance periods, in accordance with the legislation of each Party, are totaled, as appropriate, provided that they do not overlap.
2. If a person who has been subject to the legislation of either of the Parties meets the requirements to open the right, for himself or for the dependants, his or her survivors or his or her eligible beneficiaries, to a pension under Quebec legislation without resorting to the totalization provided for in paragraph 1^er, the competent body of Quebec determines the amount of the pension according to the provisions of the legislation it applies.
3. If the person referred to in paragraph 2 fails to meet the conditions required to open the right to a pension without the use of totalization, the competent body of Quebec shall:
(a) it recognizes a year of contribution when the competent body of Belgium certifies that a period of insurance of at least 1 quarter or 78 days in a calendar year has been credited under the legislation of Belgium, provided that this year is included in the co-disabled period defined in Quebec legislation;
(b) it shall, in accordance with paragraph 1^eryears recognized under littera (a) and periods completed under Quebec legislation.
4. Where the right to a pension is acquired under the totality provided for in paragraph 3, the competent authority of Québec shall determine the amount of the pension payable by adding the amounts calculated in accordance with (a) and (b) that:
(a) the amount of the portion of the pension related to earnings is calculated according to the provisions of Quebec legislation;
(b) the amount of the uniform rate component of the pension payable under the provisions of this Agreement shall be determined by multiplying the amount of the uniform rate pension determined under the provisions of the Quebec Pension Plan by the fraction that expresses the relationship between the periods of contribution to the Québec Pension Plan and the co-tiable period defined in the legislation relating to that Plan.
CHAPTER III.
Health benefits provisions
Article 21
Totalization principle
For the opening, retention or recovery of the right to benefits, the insurance periods under the legislation of each Party are totaled as long as they do not overlap.
Article 22
Residence transfer
1. A person insured in accordance with Belgian law, who transfers his residence from Belgium to Quebec, benefits, as well as members of the family who accompany him, on the day of arrival, from the benefits provided by Quebec legislation.
The same applies to the insured person who stays in Quebec to work there and to the family members who accompany him or her, regardless of the length of the stay, provided that the person is provided with the immigration document required to work there.
2. A person insured in accordance with Quebec legislation that transfers his residence from Quebec to Belgium, shall be entitled, together with the accompanying family members, to the benefits provided by Belgian legislation, in accordance with the conditions provided for in this legislation.
Article 23
Members of the family residing in the territory of the other Party
1. Members of the family of a person who is subject to the legislation of a Party and who resides in the territory of the other Party shall be entitled to benefits in the territory of that other Party.
2. In-kind benefits are provided to the competent body by the agency of the place of residence according to the provisions of the legislation it applies.
3. Paragraphs 1^er and 2 shall not apply to family members if they are entitled to benefits under the legislation of the Party in the territory of which they reside.
Article 24
Detached or independent workers
1. The person who is, pursuant to Articles 8 and 11, subject to the legislation of a Party, and the accompanying family members, shall be entitled to benefits for the duration of their stay in the territory of the other Party.
2. The benefits are provided to the competent body by the body of the place of residence according to the provisions of the legislation it applies.
Rule 25
Pension holders
1. The holder of the old age, survival or disability pension, due under the laws of the two Parties, shall, for himself and the members of the family, receive benefits in accordance with the legislation of the Party in whose territory he resides and dependants of the competent body of that Party.
2. The holder of an old-age, survival or disability pension, due exclusively under the legislation of one of the Parties, who resides in the territory of the other Party, shall be entitled to benefits for himself and members of the family. The benefits are paid by the agency of the place of residence according to the provisions of the legislation it applies.
Rule 26
Students, researchers and interns
1. To the extent that the right to benefits is not open in the territory of residence, a person entitled to benefits under the legislation of a Party who continues his or her studies in the territory of the other Party shall, as well as members of the accompanying family, receive benefits for the duration of studies in the territory of the other Party.
2. Paragraph 1^er applies by analogy to the person performing a college or university degree course or university or post-university research.
3. For the purposes of paragraph 1^er, studying means being enrolled in full-time in the school, college or university network, for a minimum of three months, with a view to obtaining a degree recognized by the Ministère de l'Education du Québec or by the competent authorities of Belgium.
4. For the purposes of paragraph 2, the term "study internship" means any internship, regardless of the nature of the host institution, conducted as part of a program of study and recognized as such by the student's attachment school.
5. The benefits are provided to the competent body by the body of the place of residence according to the provisions of the legislation it applies.
Rule 27
Refund between organizations
1. The actual amount of benefits provided under the provisions of sections 23, 24, 25, paragraph 2 and 26 shall be reimbursed by the competent body to the organization that served the said benefits, as provided in the Administrative Arrangement.
2. Competent authorities may agree to the full or partial waiver of the reimbursement referred to in paragraph 1^er.
CHAPTER IV. - Provisions relating to occupational accident and disease benefits
Rule 28
Stay or residence in the territory of the other Party
1. A person who, because of an occupational injury or illness, acquires the right or is entitled to benefits in kind in accordance with the law of a Party, shall, in the event of a stay or residence in the territory of the other Party, receive benefits in kind.
2. In-kind benefits are provided to the competent body by the body of the place of residence or residence according to the provisions of the legislation it applies, but the period of grant of benefits is governed by the legislation of the competent Party.
3. In respect of cash benefits, they are paid by the competent body according to the provisions of the legislation it applies.
Rule 29
Refund between organizations
1. The actual amount of in-kind benefits provided under section 28 shall be reimbursed by the competent body to the organization that has served the said benefits, as provided in the Administrative Arrangement.
2. Competent authorities may agree to the full or partial waiver of the reimbursement referred to in paragraph 1^er.
Rule 30
Assessment of degree of disability
If the legislation of a Party explicitly or implicitly provides that previous occupational accidents or occupational diseases are taken into consideration to assess the degree of disability, occupational accidents and occupational diseases that have occurred before the legislation of the other Party are deemed to have occurred under the legislation of the first Party.
Rule 31
Exhibition under the legislation of both Parties
When the victim of a professional illness has engaged in an activity that may cause the illness under the law of both Parties, the benefits to which the victim or his survivors may claim are granted exclusively under the legislation under which the activity was last performed and subject to the fulfilment of the conditions provided by that legislation, taking into account, where appropriate, the provisions of Article 32.
Rule 32
Enhancing the conditions of granting
1. If the award of professional sickness benefits under the legislation of a Party is conditional on the condition that the illness under review has been medically recognized for the first time in its territory, that condition shall be deemed to be met when the disease was first found in the territory of the other Party.
2. If the award of occupational sickness benefits is conditional on the condition that the disease has been medically recognized within a specified period of time after the termination of the last work likely to cause the disease, the competent body, when examining at what time the work was done, shall take into account, where necessary, the work of the same nature exercised under the law of the other Party, as if it had been exercised under the legislation it applies.
3. If the granting of professional sickness benefits is conditional on the condition that work likely to cause the disease has been carried out for a certain period of time, the competent body shall take into account, where necessary, periods during which such work has been carried out under the law of the other Party, as if it had been exercised under the legislation it applies.
Rule 33
Aggravation of occupational disease
If a person has benefited or benefited from benefits under the legislation of a Party, the following provisions apply:
(a) if the person has not exercised under the law of the other Party a job likely to cause the worsening of the occupational disease, the competent body of the first Party shall assume the charge of the benefits, taking into account the aggravation, according to the provisions of the legislation that it applies;
(b) if the person has exercised such employment under the legislation of the other Party, the competent body of the first Party shall be required to assume the charge of the benefits, without taking into account the aggravation, in accordance with the provisions of the legislation that it applies; the competent body of the other Party shall grant the person an additional amount determined according to the provisions of the legislation that it applies and that is equal to the difference between the amount of the benefit due after the aggravation and the amount of the benefit that would have been due before the aggravation.
PART IV. - Miscellaneous provisions
Rule 34
Responsibilities of competent authorities
The competent authorities:
(a) take all necessary administrative measures for the purposes of this Agreement and designate liaison agencies;
(b) define the administrative assistance procedures, including the allocation of expenses related to obtaining medical, administrative and other certifications required for the purposes of this Agreement;
(c) disclose directly any information regarding the measures taken to implement this Agreement;
(d) communicate directly, as soon as possible, any changes to their legislation that may affect the application of this Agreement.
Rule 35
Administrative collaboration
1. For the purposes of this Agreement, the competent authorities and the competent bodies of each Party shall lend their good offices together. This assistance is in principle free of charge; However, the competent authorities may agree on the reimbursement of certain costs.
2. The benefit of the exemptions or reductions of taxes, stamp duties, transplantation or registration provided for in the legislation of one Party for the parts or documents to be produced pursuant to the legislation of that Party is extended to similar documents and documents to be produced under the legislation of the other Party.
3. All acts and documents to be produced pursuant to this Agreement shall be exempted from the legalization visa of diplomatic or consular authorities.
4. For the purposes of this Agreement, the competent authorities and competent bodies of the Parties are empowered to correspond directly with each other and with any person, regardless of their residence. Correspondence can be made in one of the official languages of the Parties.
Rule 36
Protection of personal information
1. In this section, the word "information" means any information from which the identity of a natural or legal person can be easily established.
2. Unless the disclosure is required under the legislation of a Party, any information provided by a Party to an organization of the other Party shall be confidential and shall be used exclusively for the purposes of this Agreement.
3. Access to a record containing information is subject to the legislation of the Party in the territory of which this file is located.
Rule 37
Application for pension or benefit
1. To benefit from a pension or benefit under this Agreement, a person must apply in accordance with the terms and conditions set out in the Administrative Arrangement.
2. An application for a pension or benefit made after the coming into force of this Agreement under the legislation of a Party shall be deemed to be an application for the pension or the corresponding benefit under the legislation of the other Party in the following cases:
(a) where a person indicates his or her intention that his or her application be considered an application under the law of the other Party;
(b) where a person indicates, at the time of application, that periods of insurance have been made under the legislation of the other Party.
The date of receipt of such a request is presumed to be the date on which that request was received under the legislation of the first Party.
3. The presumption of the preceding paragraph does not preclude a person from seeking a pension under the legislation of the other Party.
Rule 38
Statements and remedies
The declarations or remedies that should have been brought, according to the law of a Party, within a specified period of time, to an authority, body or jurisdiction of that Party, shall be admissible if they are brought within the same time limit to an authority, body or jurisdiction of the other Party. In this case, the authority, body or jurisdiction so seized shall forthwith transmit such declarations or recourse to the authority, body or jurisdiction of the first Party, either directly or through the competent authorities of the Parties. The date on which these declarations or appeals have been filed with an authority, body or jurisdiction of the other Party is considered to be the date on which the authority, body or jurisdiction of the other Party is brought.
Rule 39
Language of correspondence
An application or document may not be rejected because they are written in an official language of the other Party.
Rule 40
Payment of pensions and benefits
Organizations responsible for pensions or benefits under this Agreement may free themselves in the currency of their State, without deduction for their administrative costs.
The transfers resulting from the application of this Agreement shall take place in accordance with the agreements in force in this respect between the two Parties.
The provisions of a Party's foreign exchange control legislation cannot impede the free transfer of financial amounts resulting from the application of this Agreement.
Rule 41
Settlement of disputes
Disputes relating to the interpretation and execution of this Agreement shall be settled, to the extent possible, by the competent authorities.
PART V. - Transitional and final provisions
Rule 42
Eventualities prior to the entry into force of the Agreement
1. This Agreement also applies to any event that has occurred prior to its entry into force.
2. This Agreement does not open any entitlement to pensions or benefits for a period prior to its effective date or to a death benefit that relates to an event prior to that date.
3. Any period of insurance under the law of one of the Parties before the date of entry into force of this Agreement shall be taken into consideration for the determination of the right to a pension that opens in accordance with the provisions of this Agreement.
4. This Agreement does not apply to fees that have been liquidated by the granting of a lump sum allowance or the reimbursement of contributions.
Rule 43
Revision, prescription, termination
1. Any pension or benefit that has not been liquidated or has been suspended because of the nationality of the person concerned or because of his residence in the territory of a Party other than the territory where the debtor is located is, at the request of the person concerned, liquidated or restored from the coming into force of this Agreement.
2. The rights of persons who have obtained, prior to the entry into force of this Agreement, the liquidation of a pension or benefit shall be revised upon request, taking into account the provisions of this Agreement. In no case shall such a review have the effect of reducing the prior rights of the persons concerned.
3. If the request referred to in paragraphs 1^er or 2 of this Article shall be submitted within two years from the date of entry into force of this Agreement, the rights opened in accordance with the provisions of this Agreement shall be acquired from that date, without the provisions of the law of either Party relating to the termination or limitation of rights being enforceable.
4. If the request referred to in paragraphs 1^er or 2 of this Article shall be filed after a period of two years following the entry into force of this Agreement, the rights that are not subject to a termination or are not prescribed shall be acquired from the date of the application, subject to more favourable provisions of the legislation of the Party concerned.
5. If a pension is payable following the application of section 12, paragraph 1^er or section 20, paragraph 1^er and that the application for this pension is filed within two years from the date of entry into force of this Agreement, the rights granted in accordance with the provisions of this Agreement shall be acquired from that date or from the date of the event to be entitled to pension if it is later, notwithstanding the provisions of the legislation of either Party relating to the termination or termination of the pension.
Rule 44
Duration
This Agreement shall be concluded for an indefinite period. It may be denounced by one of the Parties by written notification to the other Party with a twelve-month notice.
Rule 45
Guarantee of acquired or acquired rights
In the event of denunciation of this Agreement, pension rights and payments acquired under this Agreement shall be maintained. Parties will make arrangements with respect to acquisition rights.
Rule 46
Entry into force
This Agreement shall enter into force on the first day of the third month following the date of receipt of the note by which the last of the two Parties has served the other Party that the formalities required are completed.
the undersigned, duly authorized, signed this Agreement.
Done at Quebec on March 28, 2006, in duplicate, in French and Dutch languages, each text being equally authentic.