Provisions Applicable to Canada Sample Clauses

Provisions Applicable to Canada. If a person is not entitled to the payment of a benefit because he or she has not accumulated sufficient periods of residence under the Old Age Security Act, or periods of coverage under the Canada Pension Plan, the entitlement of that person to the payment of that benefit shall, subject to sub-paragraph (1)(b), be determined by totalizing these periods and those specified in paragraph (2), provided that the periods do not overlap.
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Provisions Applicable to Canada. 12.3.1 Programs of Canada The application or disbursement of Settlement Proceeds by Split Lake Cree, in accordance with this Agreement or the Indenture, shall not be considered substitutes for Funding and Programming which may otherwise be made available by Canada. Decisions on such Funding and Programming by departments of the government of Canada shall be in accordance with the standards set forth in the paragraphs immediately following. a. Where Funding and Programming are based on assessments of the financial needs of first nations, their members, or their members ordinarily resident on Reserve, a reduction of Split Lake Cree need shall not reduce the quantum of such Funding and Programming to the extent that such a reduction of need is reasonably attributable to, or results from, the expenditure of Settlement Proceeds. b. Where Funding and Programming are based on applications to be submitted, it shall be the applicant's responsibility to make application in an appropriate form on a timely basis. In appraising the merits of, and making decisions on, such applications, departments of the government of Canada shall not reject applications based on the availability or expenditure of Settlement Proceeds. However, the availability or expenditure of Settlement Proceeds may be taken into account where such availability or expenditure would make the decision more favourable to Split Lake Cree or the applicant, such as, without limiting the generality of the foregoing, where the provision or investment of equity or matching or qualifying funds is required or permitted in connection with the application process. c. Where Funding and Programming are based on quantitative formulae reflecting statistical measures of demographic and other characteristics of first nations, such formulae shall not be designed, developed or applied so as to substitute the availability, or expenditure, of Settlement Proceeds for Funding and Programming which, in the absence of those Settlement Proceeds, would be, or would have been, available. d. Where Funding and Programming are administered by a board, panel or other entity appointed by Canada, but with independent decision making authority with respect to the provision of funding or the application or administration of the program, the program design shall provide to Split Lake Cree, Chief and Council, any Member, and (or) Controlled Institution, treatment which is the same as or similar to that provided to other first nations or th...
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Provisions Applicable to Canada. (a) If a person is not entitled to the payment of a benefit because he or she has not accumulated sufficient periods of residence under the Old Age Security Act, or periods of coverage under the Canada Pension Plan, the entitlement of that person to the payment of that benefit shall, subject to sub-paragraph (1)(b), be determined by totalizing these periods and those specified in paragraph (2), provided that the periods do not overlap. (b) In the application of sub-paragraph (1)(a) of this Article to the Old Age Security Act: i. only periods of residence in Canada completed on or after January 1, 1952, including periods deemed as such under Article VI of this Agreement, shall be taken into account; and / ii. if the total duration of those periods of residence is less than one year and if, taking into account only those periods, no right to a benefit exists under that Act, the agency of Canada shall not be required to pay a benefit in respect of those periods by virtue of this Agreement. (a) For purposes of determining entitlement to the payment of a benefit under the Old Age Security Act, a quarter of coverage credited under United States laws on or after January 1, 1952 and after the age at which periods of residence in Canada are credited for purposes of that Act shall be considered as three months of residence in the territory of Canada. (b) For purposes of determining entitlement to the payment of a benefit under the Canada Pension Plan, a calendar year including at least one quarter of coverage credited under United States laws shall be considered as a year of coverage credited under the Canada Pension Plan. 3. [Deleted effective October 1, 1997] 4. [Deleted effective October 1, 1997] 1. If a person is entitled to the payment of an Old Age Security pension or a spouse's allowance solely through the application of the totalizing provisions of Article VIII, the agency of Canada shall calculate the amount of the pension or spouse's allowance payable to that person in conformity with the provisions of the Old Age Security Act governing the payment of a partial pension or a spouse's allowance, exclusively on the basis of the periods of residence in Canada on or after January 1, 1952 which may be considered under that Act or are deemed as such under Article VI of this Agreement. 2. Paragraph (1) shall also apply to a person outside Canada who would be entitled to the payment of a full pension in Canada but who has not resided in Canada for the minimum perio...
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Provisions Applicable to Canada 
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Related to Provisions Applicable to Canada

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