2012-09-30

Author: footloose
Subject: Anyone have a definitive answer? Statute of Limita
Posted: 30/September/2012 at 5:34pm

In response to my previous post regarding the CRA exercising their "right of set-off" for defaulted Federal student loans assigned to them for collection by the NSLSC, Johnny wrote:

"The government of Canada removes liens anchored in all rebates upon discovery of a limitation issue. Period.

The attorney general's office takes that position and it is what it is."

For argument's sake, let's say that your position is correct.

Here is my question.

Is this an administrative policy of the Department of Justice with the Attorney General of Canada issuing a "Directive" to the Canada Revenue Agency to cease all applications of the "right of set-off" as provided for in Subsection 164(2) of the Income Tax Act ( Canada ) for all debts owing to the Crown or to Her Majesty in Right of Canada, including Federal student loans that have become "statute-barred"?

If so, can you produce that policy or any other documentation issued by the Department of Justice to support your position? I have never heard of such a policy and I am sure that our many readers and members would be keenly interested if such a policy or documentation could be provided or reproduced on this forum.

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