PART VIIAssignment of Crown Debts (continued)
Marginal note:Assignments of specified Crown debts
Marginal note:Conditions for validity
(2) The assignment referred to in subsection (1) is valid only if
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,
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.
- R.S., 1985, c. F-11, s. 68
- 1991, c. 24, s. 49(E)
Marginal note:Notice of assignment
69 (1) The notice referred to in paragraph 68(2)(c) shall be given to the Crown by serving on or sending by registered mail to the Receiver General or a paying officer, in prescribed form, notice of the assignment, together with a copy of the assignment accompanied by such other documents completed in such manner as may be prescribed.
Marginal note:When notice deemed served
(2) Service of the notice referred to in subsection (1) shall be deemed not to have been effected until acknowledgment of the notice, in prescribed form, is sent to the assignee, by registered mail, under the hand of the appropriate paying officer.
- R.S., c. F-10, s. 82
Marginal note:Limitation of application of this Part
70 This Part does not apply
(a) to any negotiable instrument;
(b) to any Crown debt incurred by or in the name of a corporation set out in Schedule III; or
(c) to any securities issued under Part IV.
- R.S., 1985, c. F-11, s. 70
- 1998, c. 13, s. 21
71 The Governor in Council may make regulations
(a) designating persons as paying officers for the purposes of this Part;
(b) prescribing additional classes of Crown debts for the purpose of subsection 68(1);
(c) prescribing the forms of notices of assignment and acknowledgments thereof;
(d) prescribing the documents to be submitted in connection with a notice of assignment, the forms of those documents and the manner in which they are to be completed; and
(e) generally, for carrying into effect the purposes and provisions of this Part.
- R.S., c. F-10, s. 84
PART VIIIAssignment of Debts Due to the Crown Under Payment Bonds
72 In this Part,
Crown means Her Majesty in right of Canada or any agent of Her Majesty in right of Canada and includes a Crown corporation and a departmental corporation; (Sa Majesté)
- payment bond
payment bond means a bond held by the Crown as security for the payment of certain classes of persons who perform labour or services or supply material in connection with a contract between the Crown and a contractor. (cautionnement)
- R.S., 1985, c. F-11, s. 72
- 1991, c. 24, s. 50(F)
Marginal note:Assignment of Crown right under payment bond
(a) performed labour or services or supplied material in connection with the contract in respect of which the payment bond is held,
(b) is within a class of persons for the payment of which the payment bond is held as security, and
(c) has not been paid in full for the labour or services performed or material supplied by him in connection with the contract within the time provided in the payment bond for payment to the class of persons of which that person is a member,
is, without any act by or notice by or to the Crown, an assignee of the right of the Crown to recover an amount under the payment bond determined pursuant to subsection (2).
Marginal note:Amount recoverable
(2) The amount that may be recovered by a person referred to in subsection (1) shall be equal to the lesser of the amount due to that person for the labour or services performed or material supplied by him under the contract and the amount due to the Crown under the provisions of the payment bond.
Marginal note:Crown not a party to action
(3) A person who is an assignee of the right of the Crown to recover an amount under a payment bond may, in his own name, exercise the right that, but for this Act, the Crown would have had to bring action to enforce payment under the payment bond in accordance with its terms and conditions and the Crown shall be neither a party to, nor liable for any costs in connection with, that action.
- R.S., 1985, c. F-11, s. 73
- 1991, c. 24, s. 50(F)
Marginal note:Provision of certified copy of payment bond
74 (1) A copy of a payment bond certified by the officer of the Crown having custody of the original payment bond shall be provided by that officer to any person who files with him an affidavit setting out that the person has performed labour or services or supplied material in connection with the contract for which the bond is held and that he has not been paid in full therefor.
Marginal note:Certified copy as evidence
(2) A document purporting to be a copy of a payment bond certified by the officer of the Crown having custody of the original payment bond is, without proof of the signature of the officer, admissible in evidence in any court of justice, or before a person having by law or by consent of parties authority to hear, receive and examine evidence in any action taken by a person under this Part, and has the same probative force as the original document would have if it were proven in the ordinary way.
- R.S., 1985, c. F-11, s. 74
- 1991, c. 24, s. 50(F)
75 The Governor in Council, on the recommendation of the Treasury Board, may make regulations for carrying into effect the purposes and provisions of this Part.
- R.S., c. F-10, s. 88
PART IXCivil Liability and Offences
Marginal note:Notice to persons failing to pay over public money
(a) has received money for Her Majesty and has not duly paid it over,
(b) has received money for which the person is accountable to Her Majesty and has not duly accounted for it, or
(c) has received any public money applicable to any purpose and has not duly applied it,
the appropriate Minister or the Receiver General, as the case may be, may cause a notice to be served on that person, or on the person’s representative in case of the person’s death, requiring the person, within such time after the service of the notice as may be named therein, duly to pay over, account for or apply that money, as the case may be, and to transmit to the appropriate Minister or the Receiver General, as the notice provides, proper vouchers that the person has done so.
Marginal note:Proceedings where notice not complied with
(2) Where a person does not comply with a notice served under subsection (1), the appropriate Minister or the Receiver General, as the case may be, shall state an account between that person and Her Majesty showing the amount of money not duly paid over, accounted for or applied, as the case may be, and may charge interest on the whole or any part of that amount from such date as the appropriate Minister or the Receiver General may determine and at such rate as may be prescribed pursuant to subsection 155.1(6).
(3) In any proceedings for the recovery of money referred to in subsection (2), a copy of the account stated and certified by the appropriate Minister or the Receiver General is evidence that the amount stated in the account, together with interest, is due and payable to Her Majesty, without proof of the signature of the appropriate Minister or the Receiver General or the official character of the office.
(4) Any amount of money referred to in subsection (1) and the interest on that amount may be recovered as a debt due to Her Majesty.
- R.S., 1985, c. F-11, s. 76
- 1991, c. 24, ss. 20, 50(F)
- 1999, c. 31, s. 114(F)
- Date modified: