Payments to Estates Regulations, 1996 (SOR/97-239)

Regulations are current to 2016-11-21

Payments to Estates Regulations, 1996

SOR/97-239

FINANCIAL ADMINISTRATION ACT

Registration 1997-04-23

Payments to Estates Regulations, 1996

T.B. 825202 1997-04-17

The Treasury Board, pursuant to paragraph 10(f) of the Financial Administration Act, hereby makes the annexed Payments to Estates Regulations, 1996.

General

 Except as otherwise provided in these Regulations, in any Act of Parliament, in any regulations made under any such Act or in any applicable provincial law, where an amount of money is payable by or on behalf of Her Majesty in right of Canada to a deceased, the amount shall be paid to the estate of the deceased.

Exceptions

 A refund of premium in respect of a deceased who was insured under a contract of insurance entered into under The Returned Soldiers’ Insurance Act or the Veterans Insurance Act may be paid to a beneficiary under the contract of insurance in proportion to the share of insurance money to which that beneficiary is entitled.

 Any person entitled in law to succeed to the assets of a deceased may, for each amount of money that is payable by or on behalf of Her Majesty in right of Canada to the deceased, make an application to the appropriate minister to have the amount paid to the entitled person if

  • (a) where the deceased had no will, the amount payable is $25,000 or less; or

  • (b) where the deceased had a will, the amount payable is $100,000 or less.

  •  (1) An application made under section 3 must be in the form of Schedule I and be signed by the applicant.

  • (2) Where persons other than the applicant are entitled to succeed to the assets of the deceased, the application must be accompanied by a release in the form of Schedule II.

 The appropriate minister shall grant an application made in accordance with sections 3 and 4 if, on the basis of the information provided in Schedule I and, if required, in Schedule II, and any other information necessary for assessing the entitlement of the applicant, the applicant is entitled in law to succeed to the assets of the deceased.

Repeal

 [Repeal]

Coming into Force

 These Regulations come into force on April 23, 1997.

 
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