Revised Laws of Saint Lucia (2023)

PART IV
MISCELLANEOUS PROVISIONS

ARTICLE 17
Administrative Arrangement

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   1.   The terms and conditions for the application of the Understanding shall be set out in an Administrative Arrangement to be agreed to by both Parties.

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   2.   The liaison agency of each Party shall be designated in the Administrative Arrangement.

ARTICLE 18
Mutual Assistance

The competent authorities and institutions shall:

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   (a)     communicate to each other any information required for the application of the Understanding;

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   (b)     assist each other at no cost with regard to any matter concerning the application of the Understanding;

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   (c)     forward to each other any information on measures adopted for the application of the Understanding or on modifications to their legislation to the extent that such modifications affect the application of the Understanding;

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   (d)     notify each other of any difficulties encountered in the interpretation or application of the Understanding and try to resolve them, as far as possible.

ARTICLE 19
Protection of Personal Information

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   1.   In this Article, the word “information” shall mean any indication from which the identity of an individual or legal entity can be easily established.

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   2.   Unless disclosure is required under the legislation of a Party, any information communicated by an institution of one Party to an institution of the other Party shall be confidential and shall be used exclusively for the application of the Understanding.

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   3.   Access to a file containing information shall be subject to the legislation of the Party on whose territory the file is located.

ARTICLE 20
Payment of Benefits

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   1.   All benefits shall be payable directly to the beneficiary, without any deduction for administrative costs, or for any other costs incurred in paying the benefits.

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   2.   Benefits under this Understanding shall be paid by the competent institution of Quebec and Saint Lucia, in a currency freely convertible in the place of residence of the beneficiary.

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   3.   In the application of paragraph 2, when it is necessary to use a conversion rate, that rate shall be the rate of exchange in effect on the day when the payment is made.

ARTICLE 21
Exemption of Fees and Authentication

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   1.   Any reduction or exemption of fees provided for in the legislation of one Party with respect to the issuing of a certificate or document required in accordance with that legislation shall be extended to the certificates and documents required in accordance with the legislation of the other Party.

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   2.   Any document required for the application of the Understanding shall be exempt from authentication by diplomatic or consular authorities or from any other similar formalities.

ARTICLE 22
Claim for Benefits

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   1.   To be entitled to a benefit under the Understanding, a person shall file a claim in accordance with the terms and conditions provided for in the Administrative Arrangement.

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   2.   A claim for a benefit filed after the coming into force of the Understanding under the legislation of one Party shall be deemed to be a claim for an equivalent benefit under the legislation of the other Party, if the claimant

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      (a)     requests that it be considered a claim under the legislation of the other Party; or

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      (b)     provides information at the time of the claim indicating that the person on whose record benefits are claimed has completed periods of insurance under the legislation of the other Party.

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   The date of receipt of such a claim shall be deemed to be the date on which that claim was received under the legislation of the first Party.

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   3.   The presumption set out in the preceding paragraph shall not impede a person from requesting that a claim for benefits under the legislation of the other Party be deferred.

ARTICLE 23
Delay of Presentation

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   1.   A request, a declaration or an appeal which, under the legislation of one Party, should have been presented within a prescribed time to the authority or institution of that Party shall be accepted if presented within the same time to the corresponding authority or institution of the other Party. In such a case, the authority or institution of the second Party shall forward, without delay, the request, declaration or appeal to the authority or institution of the first Party.

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   2.   The date on which the request, declaration or appeal is presented to the authority or institution of one Party shall be considered as the date of presentation to the authority or institution of the other Party.

ARTICLE 24
Experts' Reports

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   1.   The competent institution of one Party may, at the request of the competent institution of the other Party, make arrangements for providing experts' reports concerning persons residing or sojourning in its territory.

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   2.   The experts' reports referred to in paragraph 1 shall not be considered invalid solely on the basis of the fact that they have been prepared in the territory of the other Party.

ARTICLE 25
Reimbursement between Institutions

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   1.   The competent institution of one Party shall reimburse the costs of professional fees for each expert's report prepared according to Article 24. However, the transmission of medical or other information already in the possession of the competent institutions constitutes an integral part of administrative assistance and shall be provided without charge.

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   2.   The Administrative Arrangement shall provide for the terms and conditions of the reimbursement of costs referred to in the previous paragraph.

ARTICLE 26
Communication

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   1.   The competent authorities and institutions of both Parties may communicate with each other in their official language.

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   2.   A decision of a tribunal or of an institution may be communicated directly to a person residing in the territory of the other Party.