PART I Revenue
7.1
Objectives
- ensure that revenue
from all sources is identified, claimed, recorded, collected and reported
in a timely and effective manner
- receipts of money
are accurately and completely accounted for and adequately controlled
to prevent or detect error, fraud or omission
- proper administrative
and control processes are established for accelerated transfer accounts,
including authorization, review and reconciliation
- minimize, wherever
practicable, the creation of accounts receivable
7.2
General
Ministries are responsible
for ensuring that public money is adequately controlled, collected and
reported.
Government Caucus
Committee on Government Operations and the Economics Branch, Ministry
of Competition, Science and Enterprise, reviews ministry proposals for
new or modified fees, licenses and other charges.
Banking/Cash Management
Branch, Provincial Treasury, is responsible for approval of corporate
payment solutions that consider client and government needs, and approves
accelerated transfer accounts with financial institutions.
Risk Management Branch,
Provincial Treasury, receives and reviews reports on losses of public
money.
Intergovernmental
Fiscal Relations Branch, Treasury Board Staff, Ministry of Finance, is
responsible for reviewing cost sharing arrangements.
Financial Management
Branch, Office of the Comptroller General, develops and maintains revenue
management policy.
7.3
Policy
7.3.1
Revenue Recognition
- Revenue must be recorded at the earliest point at which goods or
services or rights under an agreement are provided or performed, or
when fines or penalties are imposed and taxes come due.
- Revenue from the sale of goods must be recorded when government has
transferred the significant risks and rewards of ownership to the buyer.
7.3.2
Fees and Licences
- Ministries (and certain taxpayer-supported Crown entities and agencies)
must submit proposals for changes to fees, licences and fines to the
Treasury Board Fee Sub-Committee, Treasury Board Staff, as part of the
budget process. Full instructions on the fee review process are available
on the Treasury Board Staff Budget
Information website (government access only).
- Ministries must maintain a complete and up-to-date inventory of fees,
licenses and other non-tax charges, and services that are provided at
no charge.
7.3.3
Cost Sharing Arrangements
- Ministries must maintain an inventory of intergovernmental or public/private
cost sharing arrangements and make claims under these agreements promptly.
At each fiscal year-end, ministries must report cost sharing arrangements
to the Intergovernmental Fiscal Relations and Income Security Branch,
Ministry of Finance.
- Chief financial officers must participate in the negotiation and
monitoring of cost sharing arrangements to ensure that there are appropriate
financial systems and internal controls in place.
7.3.4 Internal Control of Public Money
- Ministries must establish effective systems and controls for the
identification, receipt, collection and safeguarding of public money.
Accounting records must be supported by a complete audit trail.
7.3.5
Delegation of Authority
- Deputy Ministers must approve their ministry revenue authorities
matrix that lists those officers who are authorized to:
- receive public money;
- extend credit;
- issue invoices;
- write off debts;
- approve credit notes;
- approve refunds;
- approve journal vouchers;
- initiate set-offs; and
- waive dishonoured cheque service fees.
- Specimen signature cards approved by the signing authorities officer
must be maintained in respect of the authorities granted under policy
1.
- Officers authorized to receive public money (policy 1(a))
must not be given any other authority described in policy 1.
- Officers authorized to issue invoices (policy 1(c)) must not
be given authority to receive public money, write off debts, approve
credit notes, refunds or journal vouchers, or initiate set-offs.
- Any exception to policy 3 or 4 to accommodate an extraordinary ministry
operational requirement (e.g., limited office staff) must be checked
by appropriate compensating controls and balanced against the risks
in the circumstances. Ministry chief financial officers must approve
any such exception to policy.
7.3.6
Credit Management
- Ministries must grant credit only where:
- the terms and conditions of a loan agreement or other program
provide for payment; or
- services, goods or rights under an agreement are provided on specific
credit terms.
- Ministries providing loans, or goods, services or rights under an
agreement on credit must assign an officer with responsibility for credit
management functions.
7.3.7
Billing and Payment
- When payment is not received at the time that goods and services
are provided, an invoice or other type of debit note must be issued
as soon as possible (e.g., within 30 days). Where goods and services
are provided on a continuing basis or over a long period of time, invoices
must be issued at regular intervals.
7.3.8
Acceptance of Electronic Payments
Ministry programs
will provide for electronic payment instruments for consumer convenience
and consistency when accepting public money.
- The Banking/Cash Management Branch, Provincial Treasury, will coordinate
ministry acceptance of electronic payments. This ensures that adequate
security and process standards are maintained including safeguarding
the integrity and non-repudiation of transactions and data storage,
retention and use.
- Ministries are responsible for any costs associated with electronic
payment transactions incurred by program areas operating within their
mandate, including disputed sales.
- Banking/Cash Management Branch, Provincial Treasury, will determine
a standard suite of electronic payment options based on program type
and delivery models. Consideration will be given to corporate solutions
and government agreements with banks and card processors in addition
to ministry and program objectives.
7.3.9
Receipts and Deposits
- Public money must be deposited promptly to the credit of the Minister
of Finance:
- to an accelerated transfer account at a financial institution;
- with a government agent;
- or other person appointed by the Minister of Finance to receive
deposits of public money on behalf of the government.
- Post-dated cheques must be listed and secured until their payment
date and deposited promptly at that time.
- Ministries must issue a receipt to payers of public money that is
paid in cash at the time the exchange takes place. Ministries must discourage
the remittance of cash through the mail. Ministries must record the
collection of all public money.
- Payment may be made by cash, cheque, or electronically. Ministries
can refuse to accept cheques in certain circumstances, which must be
approved by the ministry chief financial officer.
- Cheques and other negotiable instruments must be endorsed "For
Deposit Only to the Credit of the Minister of Finance" immediately
upon receipt, except for remittances where conditions for payment have
not been met (e.g., security deposits). Payments that do not meet payment
conditions (e.g., conditional payment) must be returned immediately
to the remitter.
- Whenever payment is made by a cheque by a member of the public in
person, ministries must make reasonable checks before accepting the
payment. For example, compare the cheque details to the person's separate
identification to match the name and address.
- Ministries must provide adequate facilities for the safekeeping of
public money at all times (e.g., from the time received until it is
banked).
- Deposits must be made daily except where circumstances dictate
this is not practicable or cost effective. The ministry's chief financial
officer must approve any exceptions.
Procedure
Requirements - G.1
7.3.10
Accelerated Transfer Accounts
- Ministries must keep the number of accelerated transfer accounts
to a minimum. Ministry applications for accounts must be consistent
with operating requirements.
- The Banking/Cash Management Branch must only set up accelerated transfer
accounts with financial institutions.
- Ministries must keep an adequate record of deposits to accelerated
transfer accounts, and provide this record to the Office of the Comptroller
General, upon request, for bank reconciliation purposes.
- Ministries must keep an adequate record of their accelerated transfer
accounts. This ministry record must be reconciled at least annually
to the central record maintained by Banking/Cash Management Branch.
- Ministries must review accelerated transfer accounts at least annually
to ensure each account is still required. Any account not required must
be closed.
Procedure
Requirements - G.2
7.3.11
Refunds
- Ministries must define "money received for any purpose that
is not fulfilled", and must determine whether refunds are permitted,
and the minimum amount to be refunded. In making these determinations,
ministries must take into account enabling legislation and regulations
under which revenues are collected.
- Ministry policies regarding refunds must be documented and communicated
as part of the schedule of fees and licences, and must be consistently
applied.
- Refunds must be identified and recorded in the ministry's accounting
records.
- Where a partial refund is made, the reason for refunding a reduced
amount must be documented.
7.3.12
Dishonoured Cheques
- Where a cheque has been deposited by the Province in settlement of
a claim and it has been subsequently dishonoured, an accounts receivable
must be set up. The amount must include a dishonoured cheque fee shown
separately on any billing. A fee of $20 will be levied against each
cheque that is dishonoured.
- Persons must be immediately advised of their dishonoured cheque and
the fee charged.
- Payments received for dishonoured cheque fees must be paid into the
Consolidated Revenue Fund and identified from other public money by
use of a separate STOB.
7.3.13
Exchange Rates
- The Office of the Comptroller General (OCG) establishes a Canadian/U.S.
dollar exchange rate at the start of each
fiscal quarter, or more frequently where fluctuations are significant.
OCG must advise ministries and government agents of the prevailing quarterly
rate two working days preceding each fiscal quarter.
- The difference between the actual premium received from or discount
paid by the financial institution and the established exchange rate
must be recorded in the U.S. Fund Exchange STOB established by OCG.
- Overpayments resulting from payments received by mail in U.S. funds
must be credited initially to a miscellaneous STOB of the ministry.
Underpayments resulting from payments received by mail in U.S. funds
must be accepted or returned according to the amount of the underpayment
and the status of the debtor.
- All payments received in U.S. funds exceeding $10,000 must be deposited
according to procedures established by the Banking/Cash Management Branch,
Provincial Treasury. Ministries must consult with Provincial Treasury
in respect of these deposits.
Procedure
Requirements - G.4
7.3.14
Suspense Accounts
- Where public money has been received and cannot be immediately identified,
it must be paid into the Consolidated Revenue Fund and credited to a
suspense account established for that purpose.
- Entries in suspense accounts must be cleared to appropriate accounts
as soon as sufficient information is received. In no case should this
time exceed one month.
- Monthly, each ministry must analyze its suspense accounts and reconcile
them with the balance reported in the central accounting system.
7.3.15
Insurance Proceeds
- Ministries must ensure that insurance claims are submitted to the
Risk Management Branch, Provincial Treasury, for presentation to the
insurer. Ministries must maintain a record of claims submitted and insurance
proceeds received.
- Ministries, in consultation with the Risk Management Branch, must
identify the value of and likelihood of receiving proceeds from an insurance
claim. A ministry must record the claim as an account receivable when
the value is determinable and expected to be received.
- When insurance proceeds are received before incurring an expenditure,
they must be paid into the Consolidated Revenue Fund and credited to
a suspense account.
- When insurance proceeds are received in the same fiscal year to replace
an insurable loss not involving tangible capital assets, ministries
must credit the proceeds to the expenditure service line. Unless an
account receivable for the claim has been recorded (as in policy 2),
proceeds received in a subsequent fiscal year must be credited to a
miscellaneous revenue STOB, "Insurance Proceeds."
- Insurance proceeds from loss or damage to tangible capital assets,
regardless of the fiscal year, must be recorded as proceeds of disposition/disposal
and form part of the gain/loss calculation on disposal of tangible capital
assets.
- Where no expenditure has resulted from a loss, damage or other event,
insurance proceeds must be paid into the Consolidated Revenue Fund and
credited to a miscellaneous revenue STOB, "Insurance Proceeds".
Proceeds from loss or damage to tangible capital assets must be recorded
as proceeds of disposition/disposal and form part of the gain/loss calculation
on disposal (as in policy 5 above) and the write down of the asset not
replaced.
- Where the amount of insurance proceeds is greater than any expenditure
resulting from a loss, the surplus must be paid into the Consolidated
Revenue Fund and credited to miscellaneous revenue STOB, "Insurance
Proceeds". Surplus proceeds from loss or damage to tangible capital
assets must be recorded as required in Policies 5 and 6.
PART
II Accounts Receivable
7.1 Objectives
- manage accounts
receivable effectively, including prompt and vigorous collection to
minimize amounts owing to government
- provide consistent
and equitable treatment to debtors, and regular communication on amounts
owing
- charge interest
on overdue accounts receivable
- ensure uncollectible
accounts receivable are written off under the proper authority, and
only after all reasonable and appropriate collection action has been
taken
- ensure that debts
extinguished by legislation are adjusted in a timely manner
7.2
General
Ministries are responsible
for effective communication with debtors, third parties and the Collection
and Loan Management Branch (CLMB); and ensuring that accounts receivable
are adequately reported, collected, extinguished or written off as appropriate.
CLMB, Ministry of
Small Business and Revenue, is authorized to collect delinquent non-tax
debts on behalf of ministries that do not specialize in the collection
function or have specific authority under legislation other than the Financial
Administration Act. CLMB also has the authority to sign third party
demands on behalf of the Minister of Finance and to set off taxes owed
to the debtor by Canada Customs and Revenue Agency.
The Office of the
Comptroller General maintains policy for the administration of accounts
receivable and provides quarterly and annual government-wide receivables
performance reports.
7.3
Policy
7.3.1
Recording of Accounts Receivable
- All amounts determined to be due to the government must be promptly
recorded as an accounts receivable by the ministry. Each account receivable
must be recorded and maintained until payment is received or the recorded
amount is written off or extinguished.
- An adequate provision for doubtful accounts must be established. When
all reasonable efforts fail to collect an account receivable and it
has been approved for write off, the related provision for doubtful
accounts should be reduced.
7.3.2
Control and Subsidiary Accounts
- Ministry accounting systems must incorporate control accounts, where
applicable, to ensure the completeness and accuracy of individual accounts.
- A ministry's accounts receivable control STOB must include all receivables
except loans, mortgages and accountable advances. Separate control STOBs
must be maintained for loans, mortgages and accountable advances. Each
control STOB must consist of total amounts due, less total amounts received,
and any authorized adjustments.
- Ministries must maintain subsidiary accounts for individual debtors
in a manner that discloses, at a given point in time, the aggregate
amount owed by each debtor as well as individual amounts making up the
aggregate amount. Ministries must also produce aged trial balances for
review by senior officers.
- Monthly, ministries must reconcile subsidiary accounts with the control
STOB for each accounts receivable, loans receivable, mortgages receivable
and accountable advances.
7.3.3
Statements to Debtors
- Ministries must issue periodic statements to debtors providing meaningful
and concise information on the status of their debts (e.g., identifying
principal and interest components). Ministries must determine the frequency
of issuing statements based upon the nature of the accounts receivable.
- Where an amount is due under a loan or other agreement, the debtor
must be notified at least 30 days before the due date. If interest is
to be assessed for late payment, it must be specified on the invoice
and statement.
7.3.4
Reporting Requirements
- By July 20, October 20, January 20 and April 30 of each year, the
ministry chief financial officer must report to the Financial Management
Branch, OCG, accounts receivable on an aged basis, and by each major
revenue source or program as at the quarterly period ended. Explanations
of significant variances from the report for the previous quarter must
be included with each quarterly report. The aging categories must be
as follows:
- accrued/not accrued;
- current;
- 31 - 60 days;
- 61 - 90 days;
- 91 days - 1 year;
- 1 - 2 years;
- 2 - 3 years;
- over 3 years.
- By April 30 of each year, the chief financial officer must report
to the Financial Management Branch, OCG, a summary of accounts receivable
activity by source or program for significant revenue and accounts receivable
at fiscal year-end (revenue normally exceeding $25 million, or accounts
receivable balances normally exceeding $5 million).
7.3.5
Interest on Accounts Receivable
- Ministries must charge interest on amounts owing to the government
in accordance with the Interest
on Overdue Accounts Receivable Regulation.
- Ministries must calculate interest on
overdue accounts receivable on a prorated basis (compounded monthly
as in policy 9) commencing on the first day after the money becomes
due. Money is due when:
- an invoice or a written request to the debtor for payment had
been issued and not paid within 30 days; or
- the goods have been delivered in good condition or the services
have been performed in accordance with the contract and not paid
within 30 days.
- Where the amount of interest calculated is $5.00 or more it must
be added to the accounts receivable. Where the amount is less than
$5.00 it is deemed not due to the government.
- When a debtor pays an account in full within 30 days, the ministry
must accept payment of that amount as full settlement of the account.
- Ministries must record interest charges owing separately in their
accounts receivable records and identify individual amounts owing for
each debtor.
- Ministries must advise each debtor of all interest charges to the
debtor's account either by separate invoice or through periodic statements
of account.
- Ministries must deposit payments for interest charges to the Consolidated
Revenue Fund.
- Where interest arises from a loan agreement or similar contractual
arrangement, interest on the past due principal and interest must be
calculated according to the terms and conditions of the contract.
- When a debt has been written off, ministries must stop recording
interest as revenue and an amount owing. If a debt that was written
off is reactivated, the ministry must record interest from the date
the debt was written off until the debt is paid.
- The interest calculated must be compounded monthly. Monthly compounding
occurs on the same day, as the due date in any subsequent calendar month
(i.e., if the due date is May 11, then the first compounding date is
June 11). Compounding is based on the number of days from, but excluding
the last compounding date (or if no compounding date has yet occurred,
the due date) to and including the current compounding date.
Procedure
Requirements - G.7
7.3.6
Ministry Collection Action
- Each ministry must establish a collection strategy that takes advantage
of the full range of available collection methods, tools and specialists.
The collection strategy needs to complement program needs and statutory
requirements.
- Ministries must establish an accurate and timely reporting system
to notify collections staff when an accounts receivable becomes overdue.
- Ministries must take prompt and vigorous action to collect overdue
accounts receivable. Ministries must establish fair but determined processes
to recover these accounts.
- Ministries must document all actions taken to collect overdue accounts.
- Each ministry is accountable for its own accounts receivable collection
results. This accountability for collection results does not end on
the transfer of a ministry's accounts receivable to a central government
collection branch, a private collection agency or by any other alternative
method of collection.
- Accounts receivable are considered overdue when a debtor does not
pay or resolve the debt within 30 days after the government issues an
invoice or a written request for payment to the debtor.
- Accounts receivable, in most cases, should be at least 30 days overdue
(i.e., 60 days after invoice notification), before ministries advise
debtors that their accounts are overdue and that the accounts may be:
- turned over to a central government collection or private collection
agency; or
- subject to legal action.
- In circumstances where the government owes money to a person, and
that same person owes money to the government, recovery must be initiated
by the creditor ministry by way of:
- adjustment to payment, if within the ministry; or
- set-off through Legal Encumbrance Section, OCG if between ministries
- When a payment has been received and two or more ministries have claims
against a debtor, they must be addressed in the following order:
- first, by the expressed statements or implied actions of the debtor;
- second, to the government's advantage; and
- third, to the earliest debt in time, and to interest before principal.
- Ministries must enter into information sharing agreements when sharing
personal information with another ministry or public body for the purpose
of collecting government debt, as indicated by section 33 (i) (i) of
the Freedom
of Information and Protection of Privacy Act.
7.3.7
Employee Collection Action
- Ministries must immediately inform employees of any salary or other
overpayments and establish a mutually agreeable schedule for full repayment.
The repayment schedule must be signed off by the ministry and the employee,
and placed on the employee's payroll file. The amount owing must be
recorded as an account receivable until the overpayment has been recovered.
Where the employee will not agree to a reasonable repayment schedule,
deductions from pay can be made without the employee's written authorization.
The deduction may be considered repayment of an advance.
- Ministries must consult with Strategic Human Resources in any situation
where the collection action being considered is beyond the scope of
this policy.
7.3.8
Set-offs
- Before set-off action is initiated, ministries must ensure that all
regular means of collecting the debt have been considered and attempted.
- Ministries must forward interministry set-off requests submitted under
section 38 of the Financial
Administration Act to the Comptroller General for approval.
- After approval by the Comptroller General, the account receivable
of the debtor may be reduced once processing of the cheque or payroll
requisition is completed.
- Where the amount due to the government is less than or equal to the
amount owing by the government, the payment requisition must include
the amount to be set-off against the gross amount to be paid. This policy
does not apply to contractual arrangements containing a specific provision
not to set-off.
- The ministry must initiate set-off action to protect the government's
interest for any goods or services provided prior to the date of appointment
of a receiver or of an assignment in bankruptcy. Any residual amount
payable is to be paid to the receiver or trustee in bankruptcy, as appropriate.
The ministry must consult with its legal counsel if there is any doubt
as to the legality of the payment.
- When the ministry wishes to take set-off action against a Crown corporation
or a public body of the Province, it must first consult with the ministry
responsible for the debtor entity. The result of this consultation must
be included with the request to the Comptroller General for set-off
action. A copy of the request must be sent to the chief financial officer
of the ministry responsible for the debtor.
- Before initiating a trust account set-off, ministries must obtain
a legal opinion that this action is acceptable, either under statutes
governing the trust or under the trust instrument itself. Ministries
must include a copy of the opinion with the set-off request.
- When a set-off is made, the debtor must be informed in writing of
the gross payment, the set-off amount and the net payment.
- Where two or more ministries are pursuing set-off action with a debtor
and the government receives a payment for less than the total of all
claims, the funds must be allocated to the ministries in the order outlined
in Ministry Collection Action, section 7.3.6, policy
9. Where ministries do not agree on the priority of their respective
claims, the Comptroller General must allocate the funds.
- With the exception of salary overpayments, ministries must provide
employees who owe money to the Province with written notice of the intent
to set-off. Notice must be presented to the employee directly.
- Where third party demands are initiated at the same time as set-off
action, the ministry must inform the Assistant Manager, Legal Encumbrance
Branch, OCG, immediately when payment is received. When a debt is recovered
in full, all set-offs and third party demands relating to the debt must
be cancelled and any surplus funds must be returned promptly.
7.3.9
Third Party Demands and Garnishments
- The ministry chief financial officer must ensure that the following
information is retained on file prior to approving a request for a third
party demand:
- how and when the debt arose;
- evidence that the debt can be collected legally;
- collection action taken to date;
- the reason for initiating the third party demand;
- third parties known to do business with, or who employ, the debtor;
- set-off action instituted or recommended; and
- a completed (but unsigned) Third Party Demand Notice.
- Prior to issuing a request for a third party demand, ministries must
ensure:
- accounts receivable collection has been pursued consistent with
policy;
- the debt can be collected legally. Where doubt exists, the ministry
must request that legal counsel obtains a judgment against the debtor;
and
- consider set-off action; or
- consider a defined payment schedule.
- Ministries must forward unsigned Third Party Demand Notices together
with documentation indicating the chief financial officer's approval
to the Collection and Loan Management Branch (CLMB) for sign-off.
- The debt must include interest in accordance with policy. The third
party demand must stipulate that interest is accruing.
- Normally, ministries should not initiate a demand on a third party
until at least 90 days after the debt was incurred.In certain instances,
however immediate collection may be warranted. A third party demand
must be requested promptly and normal means of collection can be bypassed
or shortened.
- A third party demand on an employer must not exceed 30 per cent of
the net wages or salary per pay period of the employee (debtor) except
where the ministry considers it is unlikely that the remainder of the
debt will be collected, or the debtor will remain employed with that
employer.
- The debtor must be notified by the ministry at the same time and
in the same manner as a demand is made on a third party.
- Ministries must not execute against joint bank accounts unless all
parties to the account are debtors of the Province.
- If set-off relating to the same debt has been initiated, the ministry
must also inform the Assistant Manager, Legal Encumbrances Branch, OCG,
upon receipt of payments.
- When a debt to the government is paid in full, all demands and set-offs
for that debt must be cancelled. Surplus funds received from the third
party or from the debtor must be returned promptly.
- Verbal instructions to the third party by a ministry officer are sufficient
to cancel a demand notice. Verbal cancellation of a demand notice must
be confirmed in writing by the ministry.
- A third party demand expires when the debt is paid in full, or if
applicable, at the end of the term set out in the demand notice.
- Where there is any doubt about government proceedings, ministry legal
counsel must be consulted to ensure that garnishment orders are obtained
in an appropriate manner.
7.3.10
Collection and Loan Management Branch
- Ministries must obtain approval from Treasury Board Staff to transfer
the collection of delinquent debts to the Collection and Loan Management
Branch (CLMB).
- Either the ministry or CLMB can seek to establish a memorandum of
understanding for the transfer of delinquent debts. The parties must
submit a joint proposal to Treasury Board Staff providing the general
framework for the transfer of debts from the ministry to CLMB.
- The ministry and CLMB must complete a memorandum of understanding,
based on a netting model, for the recovery of administrative costs.
The memorandum of understanding should set out any direct reimbursement
by the ministry to CLMB for services or costs not covered by the netting
model.
- Prior to a ministry referring debts to CLMB, the ministry must validate
all accounts and ensure that the debts are clear of any appeals and/or
adjustments.
- The ministry and CLMB must sign an information sharing agreement that
provides direction on the reasons for collection and for the use and
disclosure of that personal information.
7.3.11
Private Collection Agencies
- Ministries must only consider the services of private collection
agencies to recover debts owed to the government after the ministry's
normal collection activities have been exhausted, or when a business
case supports this collection option.
- Commission costs for private collection agencies to collect ministry
delinquent accounts receivable must only cover fees payable for the
successful collection of debt. The cost of additional services that
are not directly related to the successful collection of debt (e.g.,
skip tracing, credit checks, credit bureau reporting) cannot be netted
from collection proceeds and must be funded by the ministry.
- Ministries must not use private collection agencies for debts due
from the following:
- other ministries or agencies, trusts, boards or commissions and
government organizations;
- provincial government employees from whom the ministry can recover
by set-off action;
- other governments; and
- participants in a current appeal or a court proceeding.
- The ministry and the private collection agency must complete a contract
specifying the transfer of delinquent debts and the details of collection.
The contract must include the commission rate for accounts collected,
the cost of additional services and the rights and obligations of each
party.
- The amount of a fee or the rate of commission must be reviewed by
the ministry and approved by Treasury Board as part of the annual review
of fees and licenses.
7.3.12
Write-offs
- Only those debts for which all reasonable and appropriate collection
action has been taken can be submitted for write-off.
- Ministries must ensure that uncollectible debts are reviewed at least
once a year and identify those debts that should be submitted for write-off.
- All write-off submissions must include the relevant debt information.
Submissions for the write-off of debts exceeding $5,000 must be appropriately
categorized, and must include details of the collection action taken,
the debtor's financial status (if relevant), and why further collection
action is not possible.
- The categories for submission are:
- debtors who have died leaving no estate;
- debtors who cannot be located;
- debtors who are indigent;
- debtors residing outside of Canada in locations where there are
no apparent means of collection and there is no indication that
the debtor has family or business ties that might encourage return
to Canada;
- debts where, in the view of the creditor ministry, further expenses
to collect are not justified in relation to the amount of the debt
and the possibility of collection;
- debts where legal counsel has indicated that the amount involved
does not warrant the prospective costs of action to collect;
- debts where liability has not been admitted by the debtor and
where the success of proceedings to collect is unlikely;
- debts where the existence of an enforceable debt due the Crown
cannot be readily established (e.g., where records have been lost
or destroyed and the ministry is unable to prove receipt of services
by the debtor); and
- debts where a corporation is inoperative and without assets.
- The chief financial officer must authorize the write-off of receivables
of $5,000 or less. This authority may be delegated to officers within
the ministry to write off individual debts of $500 or less. Officers
must maintain adequate records of any amounts that they have written
off and report quarterly to the chief financial officer on any write-off
action taken during the quarter.
- The executive financial officer must recommend the write-off of debts
greater than $5,000 and less than or equal to $100,000. Submissions
for approval must be made to the Comptroller General through the Financial
Management Branch, OCG.
- The respective minister must sign on the recommendation of the executive
financial officer all submissions for the write-off of debts greater
than $100,000. Submissions for approval must be made to Treasury Board
through the Financial Management Branch, OCG.
- Ministries must not submit the following debts to the Comptroller
General or to Treasury Board for write-off:
- bankrupt individuals when an order of discharge has been
granted, the ministry must remove the account on the basis of the
order;
- judgment or other court orders when it is determined that
the Province can collect a lesser amount than the recorded debt,
the ministry must adjust the account on the basis of the court's
order;
- restrictions imposed by statute where a statute restricts
the amount of a debt (e.g., the Court Order Enforcement Act,
the Limitation Act), the ministry must adjust the account
on the basis of the recoverable amount.
- Debts of a bankrupt corporation must be written off through the normal
procedures since, according to the Federal Bankruptcy and Insolvency
Act, a corporation may not apply for a discharge unless it has fully
satisfied the claims of its creditors.
- After consulting with its legal counsel, a ministry may accept a compromise
settlement of a debt. A portion of the original debt must be written
off as identified under the terms of an agreement.
- When authority has been received to write off a debt, the debt must
be transferred from the ministry accounts to a reference file of "debts
written off", where it must remain until paid, or forgiven (pursuant
to section 18 or 19 of the Financial
Administration Act), or extinguished pursuant to other legislation.
- Annually, ministries must submit statements of debts written off during
the fiscal year, together with supporting authorizations, to Financial
Reporting and Advisory Services, OCG, for Public Accounts reporting
purposes.
7.3.13
Extinguishments
- The responsible minister must authorize all submissions for extinguishment.
Proposals must be forwarded for review to the Minister of Finance, through
the Financial Management Branch, OCG, prior to submission to the Lieutenant
Governor in Council.
- The Minister or the Deputy Minister of Finance, or the Assistant Deputy
Minister, Provincial Treasury, pursuant to BC
Regulation 269/92, can conclude a settlement agreement or compromise
settlement to forgive some or all of a debt or obligation not exceeding
$100,000. In addition, the following CLMB officers have authority to
conclude a settlement agreement to forgive some or all of a debt or
obligation (principal plus interest) to the following limits:
- the director $40,000;
- a manager $20,000;
- a collection officer $10,000.
- A ministry may accept a compromise settlement of a debt only after
approval by Legal Services, Ministry of Attorney General. A portion
of the original debt can be extinguished under the terms of an agreement.
- Annually, ministries must submit statements of debts extinguished
during the fiscal year, together with supporting documentation, to Financial
Reporting and Advisory Services, OCG, for Public Accounts reporting
purposes.
7.3.14
Remissions
- Submissions for remission orders must be:
- prepared by the ministry officials responsible for revenue management;
- recommended by the senior and executive financial officers;
- recommended by the Minister of Finance; and then
- submitted to the Executive Council (i.e., Cabinet).
- Recommendations submitted pursuant to policy 1 must be to:
- approve;
- approve with conditions;
- not approve; or
- provide no opinion because of conflict of interest or some other
circumstance that makes an opinion inappropriate or impossible.
- All submissions for individual ministry remission orders must, at
a minimum, contain the following information:
- the name and address of the person whose obligation is to be forgiven;
- the amount to be remitted;
- justification for remission;
- sufficient background information to enable Cabinet to form an
opinion on the question of whether "great public inconvenience",
"great injustice" or "great hardship" will result
if the remission is not granted; and
- other information, including ministry comment for or against the
remission.
- Annually, ministries must submit statements of remissions granted
during the fiscal year, together with supporting documentation, to Financial
Reporting and Advisory Services, OCG, for Public Accounts reporting
purposes.
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