Search Book
Contents
About This FAM
| Responsible Agency: | Government Accounting - Finance |
| Issued: | Jan 2003 |
| Last Updated: | Oct 2012 |
1. Introduction
The Government grants credit in order to support program delivery. In order to minimize bad debt losses, Government departments and public agencies must control credit granting carefully, following good business practices. Credit must be granted selectively, based on the applicant’s creditworthiness, except where directed otherwise in legislation, regulation or by order of the Comptroller General. The Government must notify credit applicants that it reserves the right to provide credit information to credit bureaus.
The credit granting process contemplated within this Policy applies to applicants such as those applying for credit for purposes such as a loan, fuel tax collection or other instances where credit will be extended. Contributions to individuals or businesses do not require a credit application. They are assessed on a combination of criteria including past history, capacity and eligibility (see FAMs 1901 to 1906 and 2104).
The Financial Reporting and Collections Section, Department of Finance, is available to advise and assist Government departments and public agencies in assessing the creditworthiness of credit applicants. It gathers, analyzes, and provides credit information from varied sources inside and outside the Government, including credit bureaus. It may, if appropriate, assist departments and public agencies with collections. (See Financial Administration Manual (FAM) 3102, Collection of Delinquent Accounts Receivable)
2. Definitions
| accountable advance | A disbursement (transfer) of funds that are advanced on the condition that the recipient will expend the funds for approved purposes only, account to the Government for expended funds, and return to the Government by a specified date any portion of the funds that is not expended or accounted for. |
| bad debt | means an account or note receivable that is determined to be uncollectible. |
| consignment | means a shipment of goods made under an agreement whereby the receiver (the consignee) undertakes to sell or otherwise dispose of the goods as an agent of the shipper (the consignor.) The latter retains title to the goods until they are sold or disposed of according to the arrangement.
|
| credit | means the ability to buy or borrow in consideration of a promise to pay at a later date. |
| debtor | means one who owes a debt and has a legal duty to pay it; contrasts with creditor who issues a debt. |
| forgivable loan | means a loan granted by the government or an organization, which the lender is committed to forgive if certain conditions are met by the borrower |
| forgiveness | means the deletion of all or part of a debt that is rightfully due to the Government. Forgiveness cancels the debt and the Government's right to collect. Forgiveness shall not apply to a debt resulting from a tax or penalty. For a tax or penalty, remission is required. |
| overdue receivables |
means a receivable which remains uncollected up to 90 calendar days past the invoice date and for which two collection attempts have been made subsequent to the invoice. |
| outstanding | means uncollected, unpaid, uncleared, undeposited, unredeemed or unfilled. |
| related party | Parties are considered to be related when one party has the ability to exercise, directly or indirectly, control, joint control or significant influence over the operating and financial decisions of the other. Two or more parties are also considered to be related when they are subject to common control, joint control or common significant influence. Related parties also include management and immediate family members. |
| write-off | means to eliminate the recorded amount of an asset or liability for reasons other than the occurrence of a transaction, such as bankruptcy of a debtor or an asset destroyed by fire. |
3. Policy
4. Directives
| 4.1 | Credit Information |
| 4.1.1 |
Before a Government department or public agency issues goods, services, or money on credit, makes a contract prepayment [for accountable advances on contributions, see FAMs 1901 to 1906 and 2104], or issues goods on consignment, the approving officer shall:
|
| 4.1.2 |
Upon request, the Financial Reporting and Collections Section of the FMBS shall assist Government departments and public agencies in determining: |
| 4.1.3 |
The Financial Reporting and Collections Section shall maintain and make available on request to Government departments, public agencies and Regional Superintendents, Finance, a current Schedule of Write-offs listing every debt that has been written off by the Government. Each entry on the Schedule must list:
|
| 4.1.4 | Provided that a credit agreement has been made with notice as described in sub subsection 3.2.2 below, credit information about a debtor to the Government may be shared with established credit bureaus. |
| 4.2 | Application for Credit |
| 4.2.1 | Every credit application must provide enough information on the applicant’s credit history, current financial position and current address to enable the approving officer to determine the applicant’s ability and likelihood to fulfil the repayment terms. |
| 4.2.2 | Every credit application from a business entity must provide the name and address of the business entity and every individual who is a principal of that entity. |
| 4.2.3 | Credit applicants shall be notified that, as a condition of granting credit, the Government reserves the right to provide to established credit bureaus the details of every credit application, the details of any credit granted, and the details of the debtor’s previous, current, and future repayment performance. Credit must not be granted without such notice. |
| 4.2.4 | If a credit applicant is listed on either the Schedule of Write-offs or the Schedule of Principals of Business Entities with Debts Written Off but has become apparently eligible for credit otherwise, the responsible credit-granting officer shall refer the application to the Comptroller General or their delegate. |
| 4.3 | Credit Screening |
| 4.3.1 |
If a credit application is referred to the Comptroller General (see 3.2.2 above), the Comptroller General or Comptroller General’s delegate shall:
|
| 4.3.2 | A person who has been personally bankrupt shall not be considered creditworthy until three years after the date of unconditional discharge from bankruptcy and the person has demonstrated his or her creditworthiness unless approved by the Controller General or their delegate. |
| 4.4 | Credit Granting and Approval |
| 4.4.1 |
Except as indicated in 3.4.2 and 3.4.3 below, credit must be granted on the basis of creditworthiness. The approving officer shall examine the credit applicant’s financial position and credit history and shall assess:
|
| 4.4.2 | Only the Comptroller General, or their delegate, may approve a credit applicant or class of applicants who would not normally meet the test of creditworthiness. |
| 4.4.3 | A credit applicant who is described in 4.4.2 above may be granted special consideration if refusing credit would:
|
| 4.4.4 | Credit approval terms may be set out in legislation, regulation, and directives issued by the Financial Management Board or the Minister of Finance in accordance with Sections 4 and 78 of the Financial Administration Act. Any other credit approval terms must be prescribed by the Comptroller General. |
| 4.5 | Credit Records |
| 4.5.1 |
Departments and public agencies that advance credit, make accountable advances or contract prepayments, issue loans, or consign goods shall:
|
| 4.5.2 | A department or public agency responsible for a new program or revenue source under which credit granting is anticipated shall obtain the Comptroller General’s approval of proposed credit-granting terms and conditions before granting credit. |
5. Authorities and References
6. Consequences from Failure to Comply
Failure to comply with policies and directives of the Financial Administration Manual may result in actions under Part X of the Financial Administration Act. The Government of the Northwest Territories may seek legal remedy in the Territorial Courts.