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Income and Employment Supports Act

Published Date: November 01, 2010
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Part 6 Recovery and Offences (Sections 34-42)

Section 38 Collection of payments

  1. In this section, “former Act” means

    1. the Social Development Act, and

    2. the Widows’ Pension Act after it is repealed under section 60(4).

  2. The Director shall take any action the Director considers necessary to collect any debt due to the Government under this Act, a former Act or the Assured Income for the Severely Handicapped Act, including any of the following:

    1. entering into an agreement with the debtor;

    2. bringing an action in debt;

    3. deducting the amount owing from further assistance for which the person is eligible under this Act, or any other enactment or program under the Ministers responsibility to which the person is otherwise entitled, in an amount determined in accordance with the regulations, until the amount owing has been paid;

    4. filing with the clerk of the Court of Queens Bench at any judicial centre a certificate of the Minister certifying the amount owing.

  3. A certificate filed under subsection (2)(d) becomes an order of the Court of Queen’s Bench and may be enforced as a judgment of that court.

Subsection (4) has been repealed.

  1. After the filing of a certificate pursuant to subsection (2)(d) the person named in the certificate shall be served with a notice setting out

    1. the amount owing,

    2. the judicial centre at which the certificate was filed, and

    3. the date on which the certificate was filed.

  2. A notice required by subsection (5) must be served in the manner determined by the regulations.