Financial Administration Act (R.S.C., 1985, c. F-11)

Marginal note:Assignments of specified Crown debts

• 68 (1) Subject to this section, an assignment may be made of

  • (a) a Crown debt that is an amount due or becoming due under a contract; and

  • (b) any other Crown debt of a prescribed class.

• Marginal note:Conditions for validity

  (2) The assignment referred to in subsection (1) is valid only if

  • (a) it is absolute, in writing and made under the hand of the assignor;

  • (b) it does not purport to be by way of charge only; and

  • (c) notice of the assignment has been given to the Crown as provided in section 69.

• Marginal note:Effect of assignment

  (3) The assignment referred to in subsections (1) and (2) is effectual in law, subject to all equities that would have been entitled to priority over the right of the assignee if this section had not been enacted, to pass and transfer, from the date service on the Crown of notice of the assignment is effected,

  • (a) the legal right to the Crown debt;

  • (b) all legal and other remedies for the Crown debt; and

  • (c) the power to give a good discharge for the Crown debt without the concurrence of the assignor.

• Marginal note:Original conditions and restrictions

  (4) An assignment made in accordance with this Part is subject to all conditions and restrictions in respect of the right of transfer that relate to the original Crown debt or that attach to or are contained in the original contract.

• Marginal note:Salary, wages, pay and allowances not assignable

  (5) Notwithstanding subsection (1), any amount due or becoming due by the Crown as or on account of salary, wages, pay or pay and allowances is not assignable and no transaction purporting to be an assignment of any such amount is effective to confer on any person any rights or remedies in respect of that amount.