Cheque Issue Regulations, 1997 (SOR/97-240)

Regulations are current to 2017-11-20

Cheque Issue Regulations, 1997

SOR/97-240

FINANCIAL ADMINISTRATION ACT

Registration 1997-04-23

Cheque Issue Regulations, 1997

T.B. 825240 1997-04-17

The Treasury Board, pursuant to section 10Footnote a of the Financial Administration Act, hereby makes the annexed Cheque Issue Regulations, 1997.

Interpretation

 The definitions in this section apply in these Regulations.

cheque

cheque means

  • (a) in Part I, a cheque, bill of exchange or other negotiable instrument, other than an instrument in an electronic form, issued in Canadian or foreign currency by, or on behalf of, the Receiver General; and

  • (b) in Parts II and III, a cheque, bill of exchange or other negotiable instrument, other than an instrument in an electronic form, issued in Canadian or foreign currency by, or on behalf of, the appropriate Minister of a department. (chèque)

departmental bank account

departmental bank account means an account established in a financial institution by the Receiver General under Part II. (compte bancaire d’un ministère)

Deputy Receiver General

Deputy Receiver General means the Deputy Minister of Public Works and Government Services. (sous-receveur général)

holder for value

holder for value has the same meaning as in section 53 of the Bills of Exchange Act. (détenteur à titre onéreux)

Receiver General

Receiver General means the Minister of Public Works and Government Services. (receveur général)

signing officer

signing officer means

  • (a) for the purposes of Part I, a person authorized in writing by the Receiver General to sign cheques on behalf of the Receiver General or on behalf of the Deputy Receiver General, as the case may be, and

  • (b) for the purposes of Part III, a person authorized in writing by the appropriate Minister of a department to sign cheques on behalf of that Minister. (signataire autorisé)

PART IReceiver General Cheques

Issuing of Cheques

 The Receiver General is responsible for the procuring, numbering and safekeeping of the forms for cheques.

  •  (1) Every cheque issued must

    • (a) subject to section 4, bear

      • (i) the signature of the Receiver General or a signing officer, or

      • (ii) the signature of the Deputy Receiver General or a signing officer;

    • (b) bear the name of the payee;

    • (c) be for a specified amount; and

    • (d) bear no alteration in its amount or in the name of the payee.

  • (2) Subject to subsection (3), every cheque that is issued must bear the date of

    • (a) the day on which it is issued;

    • (b) the day on which the payment in respect of which it is issued is due; or

    • (c) the day on which that payment is to be made.

  • (3) The Receiver General may authorize the dating of a cheque by reference only to the month and year in which the payment in respect of which the cheque is issued is due and without reference to any day of the month, if the cheque

    • (a) is not released before the month in which the payment is due;

    • (b) represents a payment under an Act of Parliament that does not specify a day on which the payment must be made;

    • (c) represents a recurring payment in a fixed amount authorized by an Act of Parliament; and

    • (d) is issued in respect of an amount that is due not more than once a month.

  • (4) Where authorization of the Receiver General is granted under subsection (3), the day of the month may nevertheless be shown on the cheque.

 Where the Receiver General authorizes the signing of cheques by the use of equipment capable of reproducing the signatures of the persons referred to in paragraph 3(1)(a), such cheques may be signed in that manner.

Replacement Cheques

  •  (1) Subject to subsections (3) and (4), where the payee of a cheque reports that the cheque has not been received by the payee, or the payee or holder for value of a cheque reports that the cheque has been lost, destroyed or stolen, the Receiver General or a signing officer shall issue a replacement cheque to the payee or holder for value, in the name of the payee or holder for value, for the same amount as the original cheque if the payee or holder for value provides a form of undertaking.

  • (2) The form of undertaking referred to in subsection (1) must

    • (a) comprise

      • (i) the name and address of the payee or holder for value,

      • (ii) the amount, date of issue and purpose of the cheque that was not received or was lost, destroyed or stolen, and

      • (iii) an undertaking whereby the payee or holder for value agrees to return the original cheque to the Receiver General if it comes into the possession of the payee or holder for value and to indemnify and save harmless Her Majesty in right of Canada from any loss or expense incurred in connection therewith;

    • (b) be signed by the payee or holder for value before a witness, and by that witness; and

    • (c) be forwarded to the Receiver General.

  • (3) Where the payee or holder for value of a cheque referred to in subsection (1) is a supplier or the recipient of grants or contributions and the original cheque is for an amount greater than $5,000, the Receiver General or a signing officer shall not issue a replacement cheque to the payee or holder for value unless the payee or holder for value provides, together with the form of undertaking referred to in subsection (1), an affidavit or statutory declaration sworn or declared before a commissioner for oaths, justice of the peace or other person before whom affidavits or declarations may be lawfully sworn or declared in Canada or abroad, respecting the non-receipt, loss, destruction or theft of the original cheque.

  • (4) The Receiver General or a signing officer shall issue a replacement cheque to a payee referred to in subsection (1) without the payee having to provide an undertaking if the payee requests in writing the issue of a replacement cheque and the cheque represents

    • (a) a recurring payment in a fixed amount authorized by an Act of Parliament; or

    • (b) a payment made under a program where the payee is required to provide an undertaking as part of the terms and conditions of the program.

 Despite anything in this Part, the Receiver General or a signing officer shall issue a replacement cheque, without requiring the provision of any document that would otherwise be required under this Part, if the Receiver General is notified by an employee or public officer of a department, the Canada Post Corporation or another carrier, the Royal Canadian Mounted Police or a provincial or municipal police force that a cheque cannot be delivered to the payee of the cheque by reason of

  • (a) an act of God;

  • (b) fire;

  • (c) theft;

  • (d) loss or accidental destruction of the cheque in the course of delivery; or

  • (e) inaccessibility of the cheque that will probably result in a delay in delivery beyond the date on which the payment in respect of which the cheque was issued is due.

PART IIDepartmental Bank Accounts

Establishment by Receiver General — Authorized Expenditures

  •  (1) The appropriate Minister of a department who is required to make expenditures in locations where the normal facilities for the issue of Receiver General cheques are not immediately available may apply to the Receiver General for the establishment of a departmental bank account in the name of that department or a branch or division of that department.

  • (2) On the receipt of an application under subsection (1), the Receiver General may establish a departmental bank account in the name of the department, or branch or division of the department, referred to in that subsection, from which only the following classes of expenditures may be made:

    • (a) emergency salary advances;

    • (b) accountable travel advances, where the use of a travel credit card or participation in the traveller’s cheque program is not a satisfactory alternative to the appropriate Minister;

    • (c) reimbursement of travel and removal expenses;

    • (d) payment of supplies and services acquired under local purchase authority where immediate payment is required;

    • (e) reimbursement of expenditures made from petty cash advances;

    • (f) brokerage fees and customs duties payable to an independent customs broker;

    • (g) postage; and

    • (h) payment of salaries and wages to part-time and term employees who are employed locally under the Locally-Engaged Staff Employment Regulations, 1995 and who are not paid through the Canadian Forces, Royal Canadian Mounted Police or public service pay systems under section 12 of the Department of Public Works and Government Services Act.

  • (3) Two signatures are required on any cheque drawn on a departmental bank account for the expenditures referred to in subsection (2), unless, at the request of the appropriate Minister of the department, the Treasury Board authorizes a single signature.

  • (4) Subject to subsection (5), no expenditure in excess of $5,000 shall be made from a departmental bank account without the approval of the Treasury Board.

  • (5) Expenditures in excess of $5,000 may be made from a departmental bank account without the approval of the Treasury Board for the purpose of

    • (a) paying locally engaged employees, if the department has the authority to make such payments; or

    • (b) issuing an emergency salary advance under paragraph 4(b) of the Accountable Advances Regulations.

Further Authorization of Expenditures by Treasury Board

  •  (1) Where a departmental bank account has been established by the Receiver General, or the establishment of such an account is being applied for, under section 7, the appropriate Minister of the department may apply to the Treasury Board for authorization to make from that account expenditures other than those set out in subsection 7(2).

  • (2) On the receipt of an application under subsection (1), the Treasury Board may grant an authorization to the appropriate Minister, which authorization must be in writing and set out

    • (a) the classes of expenditures for which the authorization is granted; and

    • (b) the number of signatures required on any cheque drawn on the departmental bank account for those expenditures.

General

 Despite the establishment of a departmental bank account by the Receiver General under section 7 or the granting of any authorization in respect of that account by the Treasury Board under section 8, the Receiver General may direct the appropriate Minister of the department to

  • (a) direct the financial institution in which that account is established to refuse payment of any cheque drawn on that account;

  • (b) withdraw the authority given to any person to draw cheques on that account; or

  • (c) discontinue that account and pay the balance remaining in it to the Receiver General.

PART IIIDepartmental Bank Account Cheques

Issuing of Cheques

 The Receiver General is responsible for

  • (a) procuring and numbering the forms of cheques to be drawn on every departmental bank account; and

  • (b) establishing procedures to be followed for the operation of departmental bank accounts.

 Every cheque drawn on a departmental bank account must

  • (a) bear the signature of one or more signing officers, as the case may be;

  • (b) bear the name of the payee;

  • (c) be for a specified amount;

  • (d) bear no alteration in its amount or in the name of the payee; and

  • (e) bear the date of the day on which it is issued or on which the payment in respect of which it is issued is due.

Replacement Cheques

  •  (1) Subject to subsection (2), where the payee of a cheque drawn on a departmental bank account reports that the cheque has not been received by the payee, or the payee or holder for value of such a cheque reports that the cheque has been lost, destroyed or stolen, one or more signing officers, as the case may be, shall issue a replacement cheque to the payee or holder for value, in the name of the payee or holder for value, for the same amount as the original cheque, if the payee or holder for value provides

    • (a) a form of undertaking that meets the requirements of subsection 5(2); and

    • (b) where the original cheque was for an amount greater than $5,000, an affidavit or statutory declaration sworn or declared before a commissioner for oaths, justice of the peace or other person before whom affidavits or declarations may be lawfully sworn or declared in Canada or abroad, respecting the non-receipt, loss, destruction or theft of the original cheque.

  • (2) No replacement cheque shall be issued in accordance with subsection (1) unless

    • (a) the original cheque has not been cashed; and

    • (b) a stop payment direction has been given to the financial institution in respect of the original cheque.

Repeal

 [Repeal]

Coming into Force

 These Regulations come into force on April 23, 1997.

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