Interest and Administrative Charges Regulations (SOR/96-188)

Regulations are current to 2017-09-27

PART IIAdministrative Charges for Dishonoured Instruments

Charges

  •  (1) Where an instrument tendered in payment or settlement of an amount due to Her Majesty is, for any reason, dishonoured, an administrative charge of $15 is payable by the debtor to Her Majesty.

  • (2) Where a payment is made by Her Majesty to a financial institution in order to reimburse that institution for an amount initially credited to the Receiver General on the basis of a dishonoured instrument, an administrative charge of $10 is payable by the debtor to Her Majesty, in addition to the charge referred to in subsection (1).

  • (3) Where a financial institution charges an amount to Her Majesty for monitoring the account of a debtor who has tendered a dishonoured instrument and for subsequently certifying or clearing that dishonoured instrument, an administrative charge in that amount is payable by the debtor to Her Majesty, in addition to the charge referred to in subsection (1).

Exception for Errors and Breakdowns

 Notwithstanding section 10, no administrative charge becomes payable as a result of

  • (a) any error made or delay caused by Her Majesty, or a duly authorized agent of Her Majesty, in processing a payment or an instrument used to make a payment; or

  • (b) a breakdown or other failure in the system or communication links customarily used by the Government of Canada to process payments or instruments used to make payments.

Waiver

  •  (1) The appropriate Minister of a department or any public officer authorized in writing by that Minister may waive an administrative charge where the administrative costs of assessing, billing and collecting the administrative charge would exceed the amount of the administrative charge.

  • (2) Subject to subsection (3), the appropriate Minister of a department or any public officer authorized in writing by that Minister may waive or reduce an administrative charge where circumstances beyond the debtor’s control, including an error made by the financial institution or other institution on which the instrument tendered in payment by the debtor is drawn, resulted in the instrument being dishonoured.

  • (3) When contemplating a waiver or reduction of an administrative charge under subsection (2), the appropriate Minister or the public officer shall take into consideration

    • (a) the case presented by the debtor; and

    • (b) the debtor’s diligence in taking action to remedy the situation.

PART IIIGeneral

 Administrative charges payable to Her Majesty under Part II are in addition to any interest payable to Her Majesty under Part I or any other Act of Parliament or regulation, or any order, contract or arrangement.

 Where an instrument is tendered in payment, in whole or in part, of an amount owing to Her Majesty, including any interest payable under Part I, and that instrument is subsequently dishonoured, the interest continues to accrue without taking into account the purported payment.

 
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