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.
CIVIL LIABILITY AND OFFENCES
Marginal note:Notice to persons failing to pay over public money
76. (1) Where the appropriate Minister or the Receiver General believes on reasonable grounds that any person
(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: