- Reaction score
- 5,310
- Points
- 1,040
Not sure if this is the correct forum; if I missed a JAG specific forum the fault is completely mine.
While reading the cancellation message on the MATA/PATA issue, (in the newspaper...) it quoted the 'Crown Liability and Proceedings Act section 32C.' and mentioned they had consulted JAG. I got curious and took a read through it here;
http://laws-lois.justice.gc.ca/eng/acts/C-50/index.html
I'm an engineer and not a lawyer, but after reading the entire act (because I'm pedantic like that) it seems to specifically apply only to liability claims against/by the Crown made in federal court. Why are they using this to apply a six year maximum term on overpayement?
I also skimmed over the FAA (http://laws-lois.justice.gc.ca/eng/acts/F-11/) but don't see anything with regards to a timeline to recovery, other then the Receiver General is authorized to recover money (155 (3) The Receiver General may recover any over-payment made out of the Consolidated Revenue Fund on account of salary, wages, pay or pay and allowances out of any sum of money that may be due or payable by Her Majesty in right of Canada to the person to whom the over-payment was made.)
Is there really no legal time limit on how far back the govt can go to recover an overpayment to an employee? That seems pretty unreasonable.
While reading the cancellation message on the MATA/PATA issue, (in the newspaper...) it quoted the 'Crown Liability and Proceedings Act section 32C.' and mentioned they had consulted JAG. I got curious and took a read through it here;
http://laws-lois.justice.gc.ca/eng/acts/C-50/index.html
I'm an engineer and not a lawyer, but after reading the entire act (because I'm pedantic like that) it seems to specifically apply only to liability claims against/by the Crown made in federal court. Why are they using this to apply a six year maximum term on overpayement?
I also skimmed over the FAA (http://laws-lois.justice.gc.ca/eng/acts/F-11/) but don't see anything with regards to a timeline to recovery, other then the Receiver General is authorized to recover money (155 (3) The Receiver General may recover any over-payment made out of the Consolidated Revenue Fund on account of salary, wages, pay or pay and allowances out of any sum of money that may be due or payable by Her Majesty in right of Canada to the person to whom the over-payment was made.)
Is there really no legal time limit on how far back the govt can go to recover an overpayment to an employee? That seems pretty unreasonable.