Cheque Issue Regulations, 1997 (SOR/97-240)
Full Document:
Regulations are current to 2013-04-29
Cheque Issue Regulations, 1997
SOR/97-240
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.
Return to footnote aS.C. 1996, c. 18, s. 4
INTERPRETATION
1. 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 I
RECEIVER GENERAL CHEQUES
Issuing of Cheques
2. The Receiver General is responsible for the procuring, numbering and safekeeping of the forms for cheques.
3. (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.
- Date modified: