Thank you, Mr. Chairman. I’d just like to offer up the specific commitment, proceeded by just a couple of points.
Court orders for restitution become statute barred in the Limitations of Action Act after 10 years, not six
years, as with other debts. The courts will not impose additional conditions on the debtors, such as keeping the GNWT informed of their employment status, whereabouts or marital status. It is the responsibility of the party whom the judgment is in favour of to be diligent in their collection efforts, because the courts will not take further action.
Additional action can be taken at the time of an application for judgment that would require the debtor to disclose, under oath, assets and particulars of employment. If the GNWT feels there are assets available to satisfy a debt, this information could then be used for additional collection action, such as writs against property or garnishees against wages.
It is possible to apply to the courts to renew an order prior to reaching the 10-year limitation. After reviewing these facts, the office of the comptroller general will implement processes pertaining to debts that arise from fraudulent activities to ensure departments that have secured judgments for restitution renew them with the courts if the judgment has not been satisfied within 10 years.
Procedures will also be established to ensure more aggressive action is taken at the outset of the application of a restitution order to take all possible steps to secure all possible assets of the debtor to settle the amounts outstanding.
Finally, I would just make the observation that as was pointed out by Ms. Lavoie, the assistant comptroller general, in her 10 or 12 years in her position she had never seen this type of restitution write-off before. So it’s brought to light a gap and we believe that this commitment will help close that gap and I thank the committee for raising the issue with us. Thank you.