Protocol to the Agreement on Social Security between the Government of Canada and the Government of the Italian Republic

The Government of Canada and the Government of the Italian Republic, Noting the Agreement on Social Security between them, signed at Rome on 22 May 1995, Desiring to clarify the meaning of some provisions of the Agreement, and Taking into account relevant developments since the signing of the Agreement,Have decided to conclude a Protocol to amend the Agreement, and, to this end, Have agreed as follows:

Article 1

For the purposes of this Protocol:

• (a) “the Agreement” means the Agreement on Social Security between the Government of Canada and the Government of the Italian Republic, signed at Rome on 22 May 1995;
• (b) any other term has the meaning given to it in the Agreement.

Article 2

Paragraph 1 of Article 1 of the Agreement is amended as follows:

• (a) In sub-paragraph (e), the word “and” is inserted at the end thereof.
• (b) Sub-paragraph (f) is deleted.
• (c) Sub-paragraph (g) is redesignated as sub-paragraph (f).

Article 3

Paragraph 2 of Article 2 of the Agreement is amended by inserting the words “or supersede” immediately after the word “amend”.

Article 4

Article 12 of the Agreement is amended as follows:

• (a) Sub-paragraph (a) is deleted and the following substituted in its place:
  • “ (a) if a person is subject to the Canada Pension Plan or to the comprehensive pension plan of a province of Canada during any period of presence or residence in Italy, that period shall be considered as a period of residence in Canada for that person as well as for that person’s spouse or common-law partner and dependants who accompany that person to Italy, who reside with that person in Italy, and who are not subject to the legislation of Italy by reason of employment or self-employment.”
• (b) Sub-paragraph (b) is deleted and the following substituted in its place:
  • “ (b) if a person is subject to the legislation of Italy during any period of presence or residence in Canada, that period shall not be considered as a period of residence in Canada for that person nor for that person’s spouse or common-law partner and dependants who accompany that person to Canada, who reside with that person in Canada, and who are not subject to the Canada Pension Plan or to the comprehensive pension plan of a province of Canada by reason of employment or self-employment.”
• (c) The existing text of Article 12, as amended by sub-paragraphs (a) and (b) above, is redesignated as paragraph 1.
• (d) The following new paragraph 2 is inserted immediately after paragraph 1:
  • “2. In the application of paragraph 1:
    • (a) a person shall be considered to be subject to the Canada Pension Plan or to the comprehensive pension plan of a province of Canada during a period of presence or residence in Italy or Canada only if that person makes contributions pursuant to the plan concerned during that period by reason of employment or self-employment;
    • (b) a person shall be considered to be subject to the legislation of Italy during a period of presence or residence in Canada or Italy only if that person makes compulsory contributions pursuant to that legislation during that period by reason of employment or self-employment.”

Article 5

Article 17 of the Agreement is amended as follows:

• (a) In paragraph 1, the words “spouse’s allowance” and “a spouse’s allowance” are deleted wherever they appear, and the word “allowance” is substituted in their place.
• (b) In paragraph 3, the word “spouse’s” is deleted.

Article 6

Paragraph 2 of Article 20 of the Agreement is amended by deleting the words “Canadian child benefit, other than one under the Canada Pension Plan” and substituting in their place the words “Canada Child Tax Benefit payable under the Income Tax Act of Canada”.

Article 7

Article 27 of the Agreement is amended as follows:

• (a) Paragraph 1 is amended by adding the following sentence at the end thereof:
  •  “The date of presentation of a claim, notice or appeal to the competent institution of the other Party shall be deemed to be the date of its presentation to the competent institution of the first Party.”
• (b) The following new paragraph 4 is inserted immediately after paragraph 3:
  • “Paragraph 1 shall not effect the application of the provisions of Italian legislation regarding the obligation of the competent institutions to pay interest prescribed by law on benefits under international agreements.”

Article 8

This Protocol shall enter into force on the date of entry into force of the Agreement and shall have the same period of duration.

In witness whereof, the undersigned, being duly authorized thereto by their respective Governments, have signed this Protocol.

Done in two copies at Rome, this 22nd day of May, 2003, in the English, French and Italian languages, each text being equally authentic.

For the Government of Canada
Jane Stewart

For the Government of the Italian Republic
Mario Baccini