Assignment of Crown Debt Regulations (C.R.C., c. 675)

Regulations are current to 2014-09-01

Assignment of Crown Debt Regulations

C.R.C., c. 675

FINANCIAL ADMINISTRATION ACT

Regulations Respecting the Assignment of Crown Debts

SHORT TITLE

 These Regulations may be cited as the Assignment of Crown Debt Regulations.

INTERPRETATION

 In these Regulations,

“Act”

“Act” means the Financial Administration Act; (Loi)

“assignment”

“assignment” means an assignment of a debt referred to in subsection 68(1) of the Act; (cession)

“power of attorney”

“power of attorney” means a written authority executed in the presence of a witness, signed by a person to whom a specified debt is owing by the Crown, authorizing another person named therein to receive moneys due upon the debt and to give a valid receipt or discharge therefor. (procuration)

  • SOR/81-339, s. 1;
  • SOR/93-259, s. 1;
  • SOR/94-373, s. 1(F).

 For the purposes of Part VII of the Act the following persons are designated as paying officers:

  • (a) divisional services officers;

  • (b) district services officers; and

  • (c) the Minister of National Revenue, with respect to the classes of Crown debts set out in section 13.

  • SOR/81-339, s. 2;
  • SOR/91-35, s. 1;
  • SOR/93-259, s. 2;
  • SOR/94-373, s. 2(F).

NOTICE OF ASSIGNMENT

  •  (1) A notice of assignment required by subsection 69(1) of the Act shall be in the form set out in Appendix I and completed to the satisfaction of the Receiver General.

  • (2) The acknowledgment of the notice of assignment referred to in subsection 69(2) of the Act shall be in the form set out in Appendix II.

  • SOR/81-339, s. 3;
  • SOR/93-259, s. 2.

DOCUMENTS TO ACCOMPANY NOTICE

 There shall be submitted in connection with a notice of assignment that is not accompanied by the original written assignment or a duplicate copy of the original assignment, a notarial certificate attached to a copy of the assignment certifying that the said copy is a true copy of the original assignment in respect of which the notice is being given.

 Where an assignment or a power of attorney was made by a corporation, notice of the assignment or power of attorney shall be accompanied by the following documents:

  • (a) where the corporation has used a corporate seal on the assignment or power of attorney, in the event that the affixing of the corporate seal to the assignment or power of attorney has not been witnessed by the president and secretary of the corporation or the president and secretary-treasurer of the corporation, a copy of the by-law or resolution of the board of directors pursuant to which the individuals witnessing the affixing of the seal on behalf of the corporation were authorized to so witness,

    • (i) submitted over the seal of the corporation witnessed by the secretary or secretary-treasurer of the corporation,

    • (ii) certified to be a true copy of the resolution or by-law, and

    • (iii) certified to have been in effect on the date the assignment or power of attorney was made;

  • (b) where the corporation has not used a corporate seal on assignment or power of attorney, a copy of the by-law or resolution of the board of directors, pursuant to which the individuals signing on behalf of the corporation were authorized to so sign, certified by the secretary or secretary-treasurer of the corporation,

    • (i) to be a true copy of the resolution or by-law, and

    • (ii) to have been in effect on the date the assignment or power of attorney was made; and

  • (c) in the event that the assignment or power of attorney in respect of which the notice is being given was signed by a trustee or a liquidator, a certified or notarial copy of the court order appointing such trustee or liquidator, as the case may be.

  • SOR/81-339, s. 4.