(c) has received any public money applicable to any purpose and has not duly applied it, (b) has received money for which the person is accountable to Her Majesty and has not duly accounted for it, or
(a) has received money for Her Majesty and has not duly paid it over, Marginal note:Notice to persons failing to pay over public moneyħ6 (1) Where the appropriate Minister or the Receiver General believes on reasonable grounds that any person (2) A document purporting to be a copy of a payment bond certified by the officer of the Crown having custody of the original payment bond is, without proof of the signature of the officer, admissible in evidence in any court of justice, or before a person having by law or by consent of parties authority to hear, receive and examine evidence in any action taken by a person under this Part, and has the same probative force as the original document would have if it were proven in the ordinary way.
#Assignment 42 full#
Marginal note:Provision of certified copy of payment bondħ4 (1) A copy of a payment bond certified by the officer of the Crown having custody of the original payment bond shall be provided by that officer to any person who files with him an affidavit setting out that the person has performed labour or services or supplied material in connection with the contract for which the bond is held and that he has not been paid in full therefor. (3) A person who is an assignee of the right of the Crown to recover an amount under a payment bond may, in his own name, exercise the right that, but for this Act, the Crown would have had to bring action to enforce payment under the payment bond in accordance with its terms and conditions and the Crown shall be neither a party to, nor liable for any costs in connection with, that action. Marginal note:Crown not a party to action (2) The amount that may be recovered by a person referred to in subsection (1) shall be equal to the lesser of the amount due to that person for the labour or services performed or material supplied by him under the contract and the amount due to the Crown under the provisions of the payment bond. Is, without any act by or notice by or to the Crown, an assignee of the right of the Crown to recover an amount under the payment bond determined pursuant to subsection (2). (c) has not been paid in full for the labour or services performed or material supplied by him in connection with the contract within the time provided in the payment bond for payment to the class of persons of which that person is a member, (b) is within a class of persons for the payment of which the payment bond is held as security, and (a) performed labour or services or supplied material in connection with the contract in respect of which the payment bond is held, Marginal note:Assignment of Crown right under payment bondħ3 (1) Where an amount is due to the Crown under the provisions of a payment bond, a person who
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