Revised Laws of Saint Lucia (2023)

PART I
GENERAL PROVISIONS

ARTICLE I

Definitions

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   1.   For the purposes of this Agreement,

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      (a)     “Government of Canada” means the Government in its capacity as representative of Her Majesty the Queen in right of Canada and represented by the Minister of National Health and Welfare;

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      (b)     “territory” means, as regards Canada, the territory of Canada; and, as regards Saint Lucia, the territory of Saint Lucia;

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      (c)     “legislation” means the laws and regulations specified in Article II;

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      (d)     “competent authority” means, as regards Canada, the Minister or Ministers responsible for the administration of the legislation of Canada; and, as regards Saint Lucia, the Minister responsible for National Insurance;

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      (e)     “competent institution” means, as regards Canada, the competent authority, and, as regards Saint Lucia, the National Insurance Board;

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      (f)     “creditable period” means a period of contributions, whether paid or credited, or a period of residence used to acquire the right to a benefit under the legislation of either Party; as regards Canada, it also means a period during which a disability pension is payable under the Canada Pension Plan;

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      (g)     “benefit” means any cash benefit, pension or allowance for which provision is made in the legislation of either Party and includes any supplements or increases applicable to such a cash benefit, pension or allowance; however, for the purposes of Articles VIII, IX and X, “benefit” does not include a grant payable under the legislation of Saint Lucia.

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   2.   Any term not defined in this Article has the meaning assigned to it in the applicable legislation.

ARTICLE II

Legislation to Which the Agreement Applies

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   1.   This Agreement shall apply to the following laws and regulations:

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      (a)     with respect to Canada:

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         (i)     the Old Age Security Act and the regulations made thereunder; and

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         (ii)     the Canada Pension Plan and the regulations made thereunder;

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      (b)     with respect to Saint Lucia:

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           the National Insurance Act, 1978, and the regulations made thereunder, as they relate to:

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         (i)     retirement benefit,

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         (ii)     invalidity benefit,

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         (iii)     survivor's benefit, and

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         (iv)     funeral grant.

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   2.   With regard to Part II only, this Agreement shall apply to all aspects of the National Insurance Act, 1978 (Saint Lucia), and the regulations made thereunder.

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   3.   Subject to paragraph 4, this Agreement shall apply to any laws and regulations which amend, supplement, consolidate or supersede the legislation specified in paragraphs 1 and 2.

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   4.   This Agreement shall apply to laws or regulations which extend the existing legislation to other categories of beneficiaries only if no objection on the part of either Party has been communicated to the other Party within three months of notification of such laws or regulations.

ARTICLE III

Persons to Whom the Agreement Applies

This Agreement shall apply to any person who is or who has been subject to the legislation of Canada or Saint Lucia, and to the dependants and survivors of such a person within the meaning of the applicable legislation of either Party.

ARTICLE IV

Equality of Treatment

Any 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 citizens of the latter Party. The preceding shall also apply to a citizen of the first Party who has never been subject to the legislation of that Party, and to the dependants and survivors of such a citizen.

ARTICLE V

Export of Benefits

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   1.   Unless otherwise provided in this Agreement, benefits acquired by a person described in Article III under the legislation of one Party, including benefits acquired by virtue of this Agreement, shall not be subject to any reduction, modification, suspension, cancellation or confiscation by reason only of the fact that the beneficiary resides in the territory of the other Party, and they shall be payable in the territory of the other Party.

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   2.   Benefits payable under this Agreement to a person who is or who has been subject to the legislation of both Parties, or to the dependants or survivors of such a person, shall be paid in the territory of a third State.