Destruction of Paid Instruments Regulations, 1996 (SOR/97-238)

Regulations are current to 2017-11-20

Destruction of Paid Instruments Regulations, 1996

SOR/97-238

FINANCIAL ADMINISTRATION ACT

Registration 1997-04-23

Destruction of Paid Instruments Regulations, 1996

T.B. 825201 1997-04-17

The Treasury Board, on the recommendation of the Receiver General and with the approval of the Auditor General of Canada, pursuant to subsection 36(2)Footnote a of the Financial Administration Act, hereby makes the annexed Destruction of Paid Instruments Regulations, 1996.

Interpretation

 The definitions in this section apply in these Regulations.

Act

Act means the Financial Administration Act. (Loi)

medium

medium means a device that is designed for storing and archiving information and includes a magnetic tape, disk and diskette. (support)

paid instrument

paid instrument means a record after the amounts specified in the instructions have been paid or the claim has been settled. (effet payé)

record

record means

  • (a) an original

    • (i) instruction for payment or instrument for settlement, or

    • (ii) claim for settlement; or

  • (b) a medium that contains an original instruction or claim or that is used to store that instruction or claim. (registre)

Custody and Retention

 The Receiver General shall have the care and custody of any paid instrument that is provided to the Receiver General in accordance with subsection 36(1) of the Act and shall retain the instrument until it is destroyed in accordance with section 5.

  •  (1) If a paid instrument referred to in section 2 is in the form of a medium containing an original instruction or claim, the data contained in it may be reproduced onto another medium.

  • (2) The medium that contains the original instruction or claim may be reused once the data contained in it have been completely erased.

 A paid instrument retained in accordance with section 2 must meet the following requirements:

  • (a) the data contained in it must be accessible so as to be usable for later reference; and

  • (b) if the instrument is in the form of a medium, the data contained in it must:

    • (i) represent accurately the information generated, transmitted or received,

    • (ii) enable the identification of the origin and destination of the instruction or claim and the date and time of its transmission or reception, and

    • (iii) in the case of an electronic instruction for payment, include the digital signature.

Destruction

  •  (1) Subject to sections 3 and 6, at any time during the seventh year after an instrument has been paid, the Receiver General or the minister who issued the payment or settled the claim, as the case may be, shall destroy the paid instrument in accordance with subsection (2).

  • (2) A paid instrument shall be destroyed by shredding, pulping, burning, crushing, erasing or any other means that will ensure that the paid instrument cannot be reused.

 If a paid instrument is required for the purposes of any litigation, claim, inquiry, investigation or other examination, the Receiver General or the appropriate minister shall delay destruction of the instrument until it is no longer required for that purpose.

Repeal

 [Repeal]

Coming into Force

 These Regulations come into force on April 23, 1997.

 
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