Assignment of Debt Regulations
Regulation- Registration
- R-033-2016
- Source
- Unofficial consolidation PDF (justice.gov.nt.ca)
- Under
- Financial Administration Act
This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.
- s.1 amended by R-033-2016,s.3 in force April 1, 2016
- s.2 amended by R-033-2016,s.4 in force April 1, 2016
- s.2.1 amended by R-033-2016,s.5 in force April 1, 2016
- s.form_2_x amended by R-033-2016,s.6 in force April 1, 2016
- None.
These regulations apply to the assignment of a debt, other than salary or wages, owed by Government or a public agency to a public officer or service contractor. R-033-2016,s.3.
A person applying for an exemption from the operation of subsection 130(2) of the Act shall submit to the Comptroller General
(a) a duplicate of the assignment of debt that bears the original signatures of the persons who have executed the assignment or a copy of the assignment certified by a notary public to be a true copy of the assignment, and
(b) an authorization in Form 1 of the Schedule and any document which must accompany an authorization under these regulations,
but shall not submit any other document unless specifically requested to do so by the Comptroller General. R-033-2016,s.4.
A person applying for an exemption from the operation of subsection 131(1) of the Act shall submit to the deputy head of the public agency
(a) a duplicate of the assignment of debt that bears the original signatures of the persons who have executed the assignment or a copy of the assignment certified by a notary public to be a true copy of the assignment, and
(b) an authorization in Form 1.1 of the Schedule and any document which must accompany an authorization under these regulations,
but shall not submit any other document unless specifically requested to do so by the deputy head of the public agency. R-033-2016,s.5.
Where the assignor is an individual, the authorization must be witnessed and be accompanied by an affidavit of execution in Form 2 of the Schedule made by the witness.
Where the assignor is a corporation, the authorization must be accompanied by the written opinion of a lawyer stating that the assignment and authorization have been validly authorized and executed, and that the corporation has the power to make the assignment.
Where the assignor is a partnership, the authorization must be executed by a partner in the partnership, and be accompanied by the written opinion of a lawyer stating that the assignment and authorization are validly authorized and executed, and that
(a) the assignment is made in the ordinary course of business of the partnership; or
(b) the assignment has been specially authorized by all the partners in the partnership.
Where the affairs of the assignor are under the control of a liquidator, trustee or receiver, the authorization must be accompanied by
(a) a copy of the court order or other instrument appointing the liquidator, trustee or receiver; and
(b) the written opinion of a lawyer stating that the assignment and authorization are validly authorized and executed and that the liquidator, trustee or receiver has the authority to make the assignment on behalf of the assignor.
Where the assignment is made in a jurisdiction outside of Canada, the authorization must be accompanied by the written opinion of a lawyer stating that the assignment and authorization are validly authorized and executed and that the assignment is valid and binding on the assignor under the laws of that jurisdiction.
SCHEDULE
FORM 1 (Section 2)
AUTHORIZATION
In this document,
"assignee" means ........................................................................... , of (name of assignee)
............................................................................................ ; (address of assignee)
"assignor" means ........................................................................... , of (name of assignor)
............................................................................................ ; (address of assignor)
"assignment" means the assignment of debt dated ....................... between the assignor and assignee;
"Comptroller General" means Comptroller General as defined in the Financial Administration Act;
"debt" means the debt owed to the assignor by the Government of the Northwest Territories under
............................................................................................ . (nature of indebtedness)
Whereas the assignor has assigned the debt to the assignee by the assignment;
1. The assignor and assignee acknowledge and agree that the Comptroller General may, under section 130 of the Financial Administration Act, refuse to accept the assignment;
2. The assignor and assignee acknowledge and agree that the Comptroller General may, under section 57 of the Financial Administration Act and the laws applicable to assignment, set off from the debt money owed to the Government by the assignor;
3. The assignor unconditionally authorizes the Comptroller General to make payments in respect of the debt to the assignee at the following address:
.............................................................................................
.............................................................................................
.............................................................................................
4. The assignor and assignee request that the Comptroller General make payments in respect of the debt to the assignee (a) . . . . upon receipt of this authorization, or (b) . . . . upon receipt of a future demand for payment executed by the assignee.
5. As the Comptroller General requires a period of time to review and process a demand for payment referred to in paragraph 4(b), the assignee unconditionally authorizes the Comptroller General to continue to make payments in respect of the debt to the assignor for a period not to exceed 30 days after the Comptroller General has received a demand for payment.
Dated on ................................... 20 . . . .
............................................. ............................................. (witness) (assignor)
............................................... (relationship to assignor) (if applicable)
................................................ (assignee)
............................................... (relationship to assignee) (if applicable)
FORM
AUTHORIZATION
In this document,
"assignee" means ........................................................................... (name of assignee)
........................................................................................... (address of
"assignor" means ........................................................................... (name of assignor)
........................................................................................... (address of
"assignment" means the assignment of debt dated .......................
"Comptroller General" means Comptroller General as defined
"deputy head" means the deputy head, as defined in the Financial
............................................................................................. (name of public
"debt" means the debt owed to the assignor by .................................................
............................................................................................. (nature of indebtedness)
Whereas the assignor has assigned the debt to the assignee
1. The assignor and assignee acknowledge and agree that Administration Act, refuse to accept the assignment;
2. The assignor and assignee acknowledge and agree that Financial Administration Act and the laws applicable to assignment, agency by the assignor;
3. The assignor unconditionally authorizes the deputy head the following address:
.............................................................................................
.............................................................................................
.............................................................................................
4. The assignor and assignee request that the deputy head make payments in respect of the debt to the assignee (a) . . . . upon receipt of this authorization, or (b) . . . . upon receipt of a future demand for payment executed by the assignee.
5. As the deputy head requires a period of time to review and process a demand for payment referred to in paragraph 4(b), the assignee unconditionally authorizes the deputy head to continue to make payments in respect of the debt to the assignor for a period not to exceed 30 days after the deputy head has received a demand for payment.
Dated on ............................ 20 . . . .
............................................ ............................................ (witness) (assignor)
............................................ (relationship to assignor) (if applicable)
............................................ (assignee)
............................................ (relationship to assignee) (if applicable)
FORM 2 (Section 3)
AFFIDAVIT OF EXECUTION
I, .......................................................................................... (name of witness)
of the ....................................................................................... (place of residence)
in the ....................................................................................... (province or territory)
make oath and say:
1. that I was personally present and did see ......................... named in the attached document, sign (name of assignor) the document;
2. that the attached document was signed at the ..................................................... (place of signing) in the ....................................... and that I am the subscribing witness to the document; and (province or territory)
3. that I personally know ........................ and this person is, in my belief, of the full age of 19 years. (name of assignor)
SWORN before me at ........................... ) (place) ) on ........................................... ) (date)
.................................................. (signature of witness)
.............................................. Officer entitled to take oaths for use in the Northwest Territories
Nature of office: ...............................