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

Regulations are current to 2017-10-13

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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