15.08.01 – Reimbursable assistance - Prescription: Table

SOCIAL AID DEBTS

EMPLOYMENT-ASSISTANCE AND INCOME SECURITY DEBTS

FILING OF CERTIFICATE WITH REGISTRY OF COMPETENT COURT

ARREARS IN SUPPORT PAYMENTS REQUIRED BY JUDGMENT

5-year time limit.

Runs from the date the CCQ came into effect.

Prescribed since January 1, 1999.

5-year time frame effective 96-03-01.

Runs from:

1) Ordinary debt: date on which it was payable i.e. date on which the payment of reimbursable assistance was made, or the date on which a right was realized.

2)   Debt incurred because of misrepresentation: date on which the Minister became aware of the payable debt. Exception: cannot claim after 15 years from the date on which it was payable.

Between 89-08-01 and 96-02-29: 3 years.

EXCEPTION: Debt not extinguished on 96-03-01.

Time limit: 5 years taking into account time elapsed before 96-03-01.

10-year time limit.

1. Runs from:

filing with registry

or

1. 94-01-01 (for filings before January 1, 1994)

10-year time limit.

Taking into account time elapsed before 94-01-01.

Prescription is interrupted from:

• The date on which formal notice is sent up to the date of an appeal decision or up to expiry of the time limit for review or appeal.
• The moment the debt is recognized, e.g. an agreement is concluded or a voluntary payment is made.
• From the date of the first amount withheld from a payment pursuant to the Act or from the reimbursement owed to a debtor by the Ministère du Revenu.
• The moment a request for payment is made through proceedings instituted by the Band and/or Tribal Council.

After prescription is interrupted, the prescription period restarts at zero for:

• 5 years;

or

• 10 years if a certificate has been filed