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About This FAM

Responsible Agency: Government Accounting - Finance
Issued: May 2002
Last Updated: Aug 2009

Approval Announcements

1. Introduction

This directive sets out general terms and requirements for collecting delinquent accounts receivable. For direction on the collection of ordinary receivables and overdue receivables, refer to Financial Administration Manual (FAM) 3103, Departmental and Public Agency Responsibility for Collection of Receivables.

2. Definitions

“debtor” means one who owes a debt and has a legal duty to pay it; contrasts with creditor.1
“delinquent account receivable” means receivable which remains uncollected 91 or more calendar days past the invoice date and for which three collection attempts have been made subsequent to the invoice.
“overdue receivable” 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.
“receivable”

means:

  1. cash owed to a Government department or public agency from the time the debt is incurred until the due date for receipt of payment, which is 30 calendar days past the invoice date; or,
  2. a cash debt owed to a Government department or public agency by the recipient of an accountable cash advance forwhich the required accounting has not been received as of the due date. (Unaccounted-for cash has not been returned as required, and the unaccountedfor amount has been reversed out of recorded expense and rerecorded as an account receivable).
“refund” means an amount paid back, credit allowed for over collection, or a rebate.
“remission” means an agreement by the Government not to enforce the collection or payment of a tax or penalty.
“setoff” means the deduction and retention of Consolidated Revenue funds the Government owes to a person, to offset money that person owes to the Government. (The funds would otherwise be paid to that person, a third party or an assignee).
“third party demand” means a written legal demand by a statutory authority, e.g., a court garnishment order, requiring the Government to pay a third party instead of paying the person to whom the Government owes a debt.
“write-off” means to eliminate the recorded amount of an asset or liability for reasons other than the occurrence of a transaction.2

 

1 VGFM, s.v. “debtor.”

2 CICA, s.v. “write-off.”

3. Policy

The Office of the Comptroller General, through the Financial Reporting and Collections Section, Finance, shall collect delinquent accounts receivable in accordance with the following Directives and provide Government departments and public agencies with advice on record keeping and procedures for the purpose of collecting receivables and overdue receivables.

4. Directives

4.1

Responsible Government departments and public agencies shall collect all receivables and overdue receivables promptly, efficiently, and in a thoroughly accountable manner. Unless directed otherwise within this 3100 series of policies departments and regional Finance offices shall transfer the collection responsibility immediately to the Financial Reporting and Collections Section, Finance, for the collection of:

  1. any delinquent account receivable; and,
  2. any receivable, that is owed by a debtor who has begun bankruptcy or liquidation proceedings.
  3. documentation required to pursue collection and all recorded action taken to date.

For detailed direction on the above, refer to FAM 3103, Departmental and Public Agency Responsibility for Collection of Receivables.

4.2

The Financial Reporting and Collections Section, Finance, shall pursue vigorously the collection of delinquent accounts receivable transferred to them, unless:

the Comptroller General orders otherwise or,

the Deputy Minister of the department or Chief Executive Officer of the public agency requests reduced or suspended collection efforts in writing and the Comptroller General grants the request. Only the Comptroller General may grant that collection efforts be reduced or suspended and only if collection is likely to cause or compound personal financial hardship or the cost of collection exceeds the debt

4.3

Financial Reporting and Collections, Finance, shall ensure that appropriate steps are taken in relation to the collection of delinquent accounts receivable, selecting from the following list and considering subsections 4.4 and 4.5 below;

  1. small claims court action for amounts of $10,000 or less;
  2. legal action for amounts over $10,000;
  3. a request for Comptroller General approval for the set-off of any money payable to the debtor by any Government department or public agency (see 4.6 below);
  4. payroll deduction(s) if the debtor is an employee in accordance with the Collective Agreement provisions and FAM 2102, Accountable Advances (see also FAM 3103);
  5. collection through the Canada Customs and Revenue Agency Refund Setoff Program (see FAM 3104, Canada Customs and Revenue Agency Refund Setoff Program);
  6. a recommendation of write-off or forgiveness of the debt (see FAM 2702, Write-off, Forgiveness, and Remission).
4.4 Only Financial Reporting and Collections, Finance (on behalf of departments) or the public agency, is permitted to engage the courts or an outside collection agency. Any court cost or outside collection agency expense must be charged to the appropriation or contribution budget of the department or public agency responsible for generating the original receivable. However, any GNWT organization using the services of the Financial Reporting and Collections Section, Finance may not be charged an administrative fee for the services.
4.5

The Comptroller General may retain money by way of deduction or set-off out of any money payable to a person by the Government in accordance with the FAA s.22.

(Refer also to Directive Series 3105, Set-offs, Third Party Demands, and Assignments, and to FAM 3104, Collection through the Canada Customs and Revenue Agency Refund Setoff Program).

4.6

Delinquent accounts receivable must be collected in the following descending order of priority and the proceeds must be applied in the same order.

  1. Student loans
  2. General debt, including mortgages and property leases
  3. Property taxes

Payments received must be applied first to the oldest invoice in the first priority, then to the next oldest, etc., until the debt in that invoice or category is satisfied or the payment received is completely applied, and then to the oldest invoice in the second priority, etc.

5.1 The Financial Reporting and Collections section in Finance may provide a debt report on a client as required by a credit bureau in accordance with Access to Information and Protection of Privacy legislation.

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.