ROMÉO LEBLANC[L.S.]
Canada
Elizabeth the Second, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.
TO All To Whom these Presents shall come or whom the same may in any way concern,
Greeting:
GEORGE THOMSON Deputy Attorney General
A Proclamation
Whereas, by Order in Council P.C. 1996-305 of March 12, 1996, the Governor in Council declared that, in accordance with Article 7 of the Protocol to the Convention on Social Security between Canada and Spain, signed at Ottawa on October 19, 1995, the Protocol shall enter into force on the first day of the fourth month following the month in which each Party shall have received written notification from the other Party that it has complied with all statutory requirements for the entry into force of the Protocol;
Whereas the Order was laid before Parliament on April 23, 1996;
Whereas, before the twentieth sitting day after the Order had been laid before Parliament, no motion for the consideration of either House to the effect that the Order be revoked was filed with the Speaker of the appropriate House;
Whereas, pursuant to subsection 42(2) of the Old Age Security Act, the Order came into force on the thirtieth sitting day after it had been laid before Parliament, being June 11, 1996;
Whereas instruments of ratification were exchanged on January 15, 1997;
Whereas the Protocol will enter into force on the first day of the fourth month following the month in which the instruments of ratification were exchanged, being May 1, 1997;
And whereas, by Order in Council P.C. 1997-593 of April 15, 1997, the Governor in Council directed that a proclamation do issue giving notice that the Protocol to the Convention on Social Security between Canada and Spain is in force as of May 1, 1997;
Now Know You that We, by and with the advice of Our Privy Council for Canada, do by this Our Proclamation give notice that the Protocol to the Convention on Social Security between Canada and Spain, signed at Ottawa on October 19, 1995, a copy of which is annexed hereto, is in force as of May 1, 1997.
Of All Which Our Loving Subjects and all others whom these Presents may concern are hereby required to take notice and to govern themselves accordingly.
In Testimony Whereof, We have caused these Our Letters to be made Patent and the Great Seal of Canada to be hereunto affixed. Witness: Our Right Trusty and Well-beloved Roméo A. LeBlanc, a Member of Our Privy Council for Canada, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Governor General and Commander-in-Chief of Canada.
At Our Government House, in Our City of Ottawa, this twenty-third day of April in the year of Our Lord one thousand nine hundred and ninety-seven and in the forty-sixth year of Our Reign.
By Command, KEVIN G. LYNCH Deputy Registrar General of Canada
Protocol to the Convention on Social Security Between Canada and Spain
Canada
and
the Kingdom of Spain,
Noting the Convention on Social Security between Canada and Spain, signed at Madrid on 10 November 1986, and
Desiring to strengthen even further the relations between them in the field of social security,
Have agreed as follows:
For the purposes of this Protocol:
Convention means the Convention on Social Security between Canada and Spain, signed at Madrid on 10 November 1986;
any other term shall have the meaning given to it in the Convention.
Spanish non-contributory social security benefits established under Law 26/90 of 20 December 1990 shall be granted to Canadian citizens under the same conditions and subject to the same requirements as that law sets out for Spanish citizens.
Article 5 and Article 9, paragraphs 1 and 3 of the Convention shall not apply to the non-contributory benefits referred to in the preceding paragraph.
In Article 6, paragraph 2 of the Convention, the word “twenty-four” shall be replaced by the word “sixty”.
Article 6, paragraph 4 of the Convention shall be replaced by the following text:
Article 12 of the Convention shall be replaced by the following text:
Article 13, sub-paragraph 1(c) of the Convention shall be replaced by the following text:
Article 13, sub-paragraph 1(d) and paragraph 2 of the Convention shall be replaced by the following text:
When, for purposes of award of a benefit, the legislation of Spain requires that insured periods have been completed in a specific time immediately before the occurrence of the contingency giving rise to the benefit, this condition shall be deemed to be met if the person concerned has completed those periods in the time immediately before the award of a benefit under the legislation of Canada, provided that insured periods are not credited in this situation.
At the date of the coming into force of this Protocol, benefits which have been requested or awarded, prior to that date, through the application of the Convention may be reviewed or recalculated by the competent institution, on request by the beneficiary, taking into account the provisions of this Protocol. The change in the amount of benefit payable as a result of the recalculation shall start to be due from the first day of the month following the month in which the beneficiary requests the recalculation.
In no case shall the beneficiary, as a result of a recalculation made by virtue of the provisions of the previous paragraph, receive a benefit which is lesser in amount than that which he or she had been receiving prior to that time.
This Protocol shall enter into force on the first day of the fourth month following the month in which each Party shall have received written notification from the other Party that it has complied with all statutory requirements for the entry into force of this Protocol.
Subject to paragraph 3 of this Article, this Protocol shall remain in force without any limitation on its duration.
In the event of the denunciation of the Convention through the application of Article 25, paragraph 2 thereof, this Protocol shall also be denounced, with effect on the same date as the termination of the Convention.
IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Governments, have signed this Protocol.
EN FOI DE QUOI, les soussignés, dûment autorisés à cet effet par leurs Gouvernements respectifs ont signé le présent Protocole.
Done in two copies at Ottawa, this 19th day of October, 1995, in the English, French and Spanish languages, each text being equally authentic.
Fait en deux exemplaires à Ottawa, le 19 e jour d’octobre 1995 dans les langues française, anglaise et espagnole, chaque texte faisant également foi.
FOR CANADA
POUR LE CANADA
LLOYD AXWORTHY
FOR SPAIN
POUR L’ESPAGNE
JOSÉ LUIS PARDOS