Revised Laws of Saint Lucia (2021)

Schedule 2

(Section 3)

THE ADMINISTRATIVE ARRANGEMENT FOR THE IMPLEMENTATION OF THE AGREEMENT ON SOCIAL SECURITY

Between Saint Lucia and Canada Concluded on January 5, 1987

Pursuant to Article XV of the Agreement on Social Security between Saint Lucia and Canada, concluded on January 5, 1987, the competent authorities:

For Saint Lucia, The Minister responsible for National Insurance, for Canada, The Minister of National Health and Welfare, have agreed on the following provisions:

PART I
GENERAL PROVISIONS

Paragraph 1

Definitions

  1.  

    1.   For the application of this Administrative Arrangement, “Agreement” means the Agreement on Social Security between Saint Lucia and Canada, signed at Castries on January 5, 1987.

  1.  

    2.   Other terms will have the meaning given to them in the Agreement.

Paragraph 2

Liaison Agencies

The following are designated as liaison agencies, pursuant to Article XV of the Agreement:

For Canada:

International Operations Division, Income Security Programs Branch, Department of National Health and Welfare;

For Saint Lucia:

The National Insurance Board.

PART II
PROVISIONS CONCERNING THE APPLICABLE LEGISLATION

Paragraph 3

  1.  

    1.   The following are designated as “institutions” for the purposes of this paragraph:

    1.  

      (a)     where the legislation of Canada applies, the Source Deductions Division, Department of National Revenue, Taxation;

    1.  

      (b)     Where the legislation of Saint Lucia applies, the National Insurance Board.

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    2.   In cases involving assignments, elections or modifications, as provided for in paragraphs 2, 4 and 5, respectively, of Article VI of the Agreement, the institution of the Party whose legislation applies will, on request, issue a certificate of fixed duration certifying, in respect of the work in question, that the employed person and his or her employer are subject to that legislation.

  1.  

    3.   (a)   The consent referred to in paragraph 2 of Article VI of the Agreement must be requested before the end of the current term of coverage.

    1.  

      (b)     The election referred to in paragraph 4 of Article VI of the Agreement must be made by giving notice thereof within 6 months after the duties are undertaken or, if the employed person is already performing the duties at the date of the entry into force of the Agreement, within 6 months after that date.

    1.  

      (c)     Such requests and notices must be directed to the institution of the Party whose legislation is to apply.

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    4.   In the case of government employment described in paragraph 4 of Article VI of the Agreement, the employer in question will respect all the requirements prescribed for all other employers the applicable legislation.

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    5.   The certificates referred to in subparagraph 2 will be issued on forms that are acceptable to the institution of the other Party. The employed person in question as well as his or her employer and the institution of the other Party will be entitled to receive a copy.

PART III
PROVISIONS CONCERNING BENEFITS

Paragraph 4

Processing an Application

  1.  

    1.   The liaison agency of one Party which receives an application for a benefit under the legislation of the other Party will, without delay, send the application form to the liaison agency of the other Party.

  1.  

    2.   Along with the application form, the liaison agency of the first Party will also transmit any documentation available to it which may be necessary for the competent institution of the other Party to establish the entitlement of the applicant to a benefit. In the case of an application for a benefit under the Old Age Security Act of Canada, this documentation will include, to the extent possible, certification of periods of residence completed in the territory of Saint Lucia.

  1.  

    3.   The personal information regarding an individual contained in the application form will be duly certified by the liaison agency of the first Part which will confirm that the information is corroborated by documentary evidence; the transmission of the form so certified will exempt the liaison agency from sending the corroboratory documents. The type of information to which this subparagraph applies will be agreed upon by the liaison agencies of the Parties, with the consent of the respective competent authorities.

  1.  

    4.   In addition to the application form and documentation referred to in sub-paragraphs 1 and 2, the liaison agency of the first Party will send to the liaison agency of the other Party a liaison form which will indicate, in particular, the periods creditable under the legislation of the first Party.

  1.  

    5.   On receipt of the liaison form, the liaison agency of the other Party will add the information concerning the periods creditable under the legislation which it administers and will, without delay, return the liaison form to the liaison agency of the first Party.

  1.  

    6.   Each competent institution will subsequently determine the applicant's eligibility and notify the other institution, through the liaison agencies, of the benefits, if any, granted to the applicant.

PART IV
MISCELLANEOUS PROVISIONS

Paragraph 5

Medical Examinations

  1.  

    1.   The liaison agency of one Party will, to the extent permitted by the legislation which it administers, provide, upon request, to the liaison agency of the other Party such medical information and documentation as are available concerning the disability of a claimant or beneficiary.

  1.  

    2.   If the competent institution of one Party requires that a claimant or a beneficiary who resides in the territory of the other Party undergo an additional medical examination, the liaison agency of the latter Party, at the request of the liaison agency of the first Party, will make arrangements for carrying out this examination according to the rules applied by the liaison agency making the said arrangements and at the expense of the agency which requests the medical examination.

  1.  

    3.   The amounts due as a result of applying the provisions of sub-paragraph 2 will be reimbursed without delay on receipt of a detailed statement of the costs incurred.

Paragraph 6

Forms

The liaison agencies of the Parties, with the consent of the respective competent authorities, will agree on the forms necessary to implement the Agreement and this Administrative Arrangement.

Paragraph 7

Statistics

The liaison agencies of the Parties will exchange statistics on an annual basis, and in a form to be agreed upon, regarding the payments which each has made under the Agreement. These statistics will include data on the number of beneficiaries and the total amount of benefits paid, by type of benefit.

Paragraph 8

Entry into Effect

This Administrative Arrangement will take effect on the same date, and will remain in effect for the same period, as the Agreement.

Done in 2 copies at Castries, this 5th day of January, 1987 in the Engish and French language, each text being equally authentic.

Fait en deux exemplaires a Castries, ce 5 jour de Janvier 1987, dans les langues francaise et anglaise, chaque texte faisant egalement foi.

For the Government of Saint Lucia

Pour le Gouvernement du Sainte-Lucie

For the Government of Canada

Pour le Gouvernement du Canada

CHAPTER 19.16
AGREEMENT ON SOCIAL SECURITY (SAINT LUCIA AND CANADA) ACT

SUBSIDIARY LEGISLATION

No Subsidiary Legislation