Derek Moran
Collection of debt by set-off
Definitions
43. (1) In this section,
“Crown” includes any agency of the Crown; (“Couronne”)
“overpayment” means a payment of money to which the recipient is not entitled at the time of the payment or to which the recipient ceases to be entitled at any time after the payment. (“paiement en trop”) R.S.O. 1990, c. F.12, s. 43 (1); 2006, c. 33, Sched. J, s. 4 (1).
Set-off
(2) If, in the opinion of the Minister of Finance, a person is indebted to the Crown or the Crown in right of Canada in any specific sum of money or has received an overpayment of a specified sum from the Crown, the Minister of Finance may,
(a) retain by way of deduction or set-off, out of any money that is due and payable by the Crown in right of Ontario to such person, such sum as the Minister of Finance sees fit in the circumstances; and
(b) pay such sum to such public officer as the Minister of Finance thinks appropriate to receive it. R.S.O. 1990, c. F.12, s. 43 (2); 1994, c. 17, s. 62 (2); 2006, c. 33, Sched. J, s. 4 (2).
Application of subs. (2)
(3) Subsection (2) applies despite any other Act unless the other Act expressly provides that it applies despite subsection (2).
Printed copy · Anthology Volume 3, page 1308 · cut by a page break
