Statutes of Newfoundland and Labrador 2004 Chapter 46

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Statutes of Newfoundland and Labrador 2004

Statutes of Newfoundland and Labrador 2004 Chapter 46 CHAPTER 46

AN ACT TO AMEND THE FINANCIAL ADMINISTRATION ACT NO. 2
(Assented to December 16, 2004)

Analysis

1. S.17 R&S
Settlement of debt

2. S.18 Amdt.
Write-offs

3. S.19 Amdt.
Remission of forfeitures, etc.

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

RSNL1990 cF-8
as amended

1. Section 17 of the Financial Administration Act is repealed and the following substituted:

Settlement of debt

17. (1) In this section, "debt" and "claim" do not include an amount which may be remitted under section 19.

(2) The minister may, subject to the approval of the Lieutenant-Governor in Council and to another Act, negotiate and accept a settlement of a debt or claim due or made by or on behalf of the province in full settlement of that debt or claim.

(3) The minister of a department may, upon the recommendation of the board, negotiate and accept a settlement of a debt or claim due or made by or on behalf of the minister in right of the province in full settlement of that debt or claim where the settlement results in a deficit of $5,000 or less.

(4) The board may authorize a deputy minister of a department, in accordance with rules that the board may establish, to negotiate and accept settlements of debts or claims due or made by or on behalf of the province in full settlement of those debts or claims where each settlement results in a deficit of $1,000 or less.

2. Subsection 18(1) of the Act is repealed and the following substituted:

Write-offs

18. (1) Where it appears unlikely that an amount due to the Crown will be paid, but the amount has not been settled under section 17 or remitted under section 19, the board may direct that the deficit be written off.

3. (1) Subsection 19(1.1) of the Act is repealed and the following substituted:

(1.1) The minister may, upon the recommendation of the board, remit a duty, tax, toll, fine, forfeiture or pecuniary penalty referred to in subsection (1) or approve a settlement in relation to the duty, tax, toll, fine, forfeiture or pecuniary penalty where the remission is in an amount of $5,000 or less or the settlement results in a deficit of $5,000 or less.

(2) Section 19 of the Act is amended by adding immediately after subsection (1.1) the following:

(1.2) The board may authorize a deputy minister of a department, in accordance with rules that the board may establish, to remit a duty, tax, toll, fine, forfeiture or pecuniary penalty referred to in subsection (1) and approve a settlement in relation to the duty, tax, toll, fine, forfeiture or pecuniary penalty where the remission is in an amount of $1,000 or less or the settlement results in a deficit of $1,000 or less.

(3) Subsections 19(5) and (6) of the Act are repealed.