Assignment of Crown Debt Regulations (C.R.C., c. 675)

Short Title

1 These Regulations may be cited as the Assignment of Crown Debt Regulations.

Interpretation

2 In these Regulations,

Act

Act means the Financial Administration Act; (Loi)

assignment

assignment means an assignment of a debt referred to in subsection 68(1) of the Act; (cession)

power of attorney

power of attorney means a written authority executed in the presence of a witness, signed by a person to whom a specified debt is owing by the Crown, authorizing another person named therein to receive moneys due upon the debt and to give a valid receipt or discharge therefor. (procuration)

3 For the purposes of Part VII of the Act the following persons are designated as paying officers:

• (a) divisional services officers;

• (b) district services officers; and

• (c) the Minister of National Revenue, with respect to the classes of Crown debts set out in section 13.

Notice of Assignment

• 4 (1) A notice of assignment required by subsection 69(1) of the Act shall be in the form set out in Appendix I and completed to the satisfaction of the Receiver General.

• (2) The acknowledgment of the notice of assignment referred to in subsection 69(2) of the Act shall be in the form set out in Appendix II.

Documents to Accompany Notice

5 There shall be submitted in connection with a notice of assignment that is not accompanied by the original written assignment or a duplicate copy of the original assignment, a notarial certificate attached to a copy of the assignment certifying that the said copy is a true copy of the original assignment in respect of which the notice is being given.

6 Where an assignment or a power of attorney was made by a corporation, notice of the assignment or power of attorney shall be accompanied by the following documents:

• (a) where the corporation has used a corporate seal on the assignment or power of attorney, in the event that the affixing of the corporate seal to the assignment or power of attorney has not been witnessed by the president and secretary of the corporation or the president and secretary-treasurer of the corporation, a copy of the by-law or resolution of the board of directors pursuant to which the individuals witnessing the affixing of the seal on behalf of the corporation were authorized to so witness,

  • (i) submitted over the seal of the corporation witnessed by the secretary or secretary-treasurer of the corporation,

  • (ii) certified to be a true copy of the resolution or by-law, and

  • (iii) certified to have been in effect on the date the assignment or power of attorney was made;

• (b) where the corporation has not used a corporate seal on assignment or power of attorney, a copy of the by-law or resolution of the board of directors, pursuant to which the individuals signing on behalf of the corporation were authorized to so sign, certified by the secretary or secretary-treasurer of the corporation,

  • (i) to be a true copy of the resolution or by-law, and

  • (ii) to have been in effect on the date the assignment or power of attorney was made; and

• (c) in the event that the assignment or power of attorney in respect of which the notice is being given was signed by a trustee or a liquidator, a certified or notarial copy of the court order appointing such trustee or liquidator, as the case may be.

7 Where an assignment or a power of attorney was made by a partnership, notice of the assignment or power of attorney shall be accompanied by the following documents:

• (a) an affidavit of execution completed by the person who witnessed the signature of the partner or partners executing the assignment or power of attorney; and

• (b) in the event that the assignment or power of attorney in respect of which the notice is being given was made in the Province of Quebec and attested to by the signatures of one or more of the partners but not all of the partners, a document establishing to the satisfaction of the Receiver General the authority pursuant to which the partner or partners that signed the assignment or power of attorney may make such assignment or power of attorney on behalf of the partnership.

8 Where an assignment or a power of attorney was made by anyone other than a corporation or a partnership, notice of the assignment or power of attorney shall be accompanied by an affidavit of execution completed by the person who witnessed the signature of the person executing the assignment or power of attorney.

9 Where an assignment or power of attorney was made outside Canada, notice of the assignment or power of attorney shall be accompanied by a written opinion of the legal counsel to any Canadian diplomatic, consular or trade representative in the country in which the assignment or power of attorney was made as to whether the assignment or power of attorney is valid and, in the case of an assignment, whether the assignment is binding on the assignor under the laws of the jurisdiction in which such assignment was made.

Crown Debts

• 10 (1) Surpluses and balances of surpluses payable by The Director, The Veterans’ Land Act, to veterans pursuant to subsection 13(6) or subsection 24(1) of the Veterans’ Land Act are a class of Crown debts within the meaning of subsection 68(1) of the Financial Administration Act.

• (2) In this section, the word veteran has the meaning assigned to it in the Veterans’ Land Act.

11 Compensation moneys, including any interest thereon, payable pursuant to the Expropriation Act for any land or property acquired or taken by Her Majesty are a class of Crown debts within the meaning of subsection 68(1) of the Financial Administration Act.

12 Incentives due or becoming due to applicants therefor pursuant to the Petroleum Incentives Program Act are a class of Crown debts within the meaning of subsection 68(1) of the Act.

• 13 (1) Rebates under subsection 121(2) of the Excise Tax Act payable to individuals in the circumstances described in subparagraph 121(2)(a)(ii) of that Act are a class of Crown debts within the meaning of paragraph 68(1)(b) of the Financial Administration Act.

• (2) Rebates under subsection 252(1) of the Excise Tax Act payable to non-resident persons other than consumers are a class of Crown debts within the meaning of paragraph 68(1)(b) of the Financial Administration Act.

• (3) For the purposes of subsection (2), the words non-resident and consumer have the same meaning as in Part IX of the Excise Tax Act.

14 Moneys payable pursuant to an agreement between the Minister of Finance and a company carrying on the business of mortgage insurance whereby Her Majesty guarantees claims of holders of mortgages insured by the company, and any other chose in action arising out of such an agreement and in respect of which there is a right of recovery enforceable by action against the Crown are a class of Crown debts within the meaning of paragraph 68(1)(b) of the Act.

APPENDIX I(Section 4)

TO THE RECEIVER GENERAL:

You are hereby notified that by an assignment dated the day of , 19, (the assignor) has assigned to (the assignee), [(the sum of $ being moneys) or (all moneys)] due or becoming due by the Crown as represented by the Minister of to (the assignor) under for (purpose) dated the day of , 19, numbered.

You are required to make payment of such moneys to (the assignee) at (place where payment is to be made). Dated this day of , 19.

Signature and address of assignee

APPENDIX II(Section 4)

This will acknowledge that notice has been received in this office that by an assignment dated the day of 19, (the assignor) has assigned to you [(the sum of $) or (all moneys)] due or becoming due by the Crown to (the assignor) under for (purpose) dated the day of , 19, numbered.

Appropriate paying officer for Receiver General