S-32.001 - Act respecting income support, employment assistance and social solidarity

Section 218 Disposition versions

1998-06-20

218. Any amount recoverable under the Social Aid Act (chapter A‐16) may be recovered under the Act respecting income security (chapter S‐3.1.1) and, subject to any act having interrupted or suspended the prescription period, prescription in respect of such an amount takes effect on 1 January 1999 whether or not the amount is the subject of a claim made under the Social Aid Act or the Act respecting income security. The prescription period applicable to any time before 1 January 1994 is 30 years and the prescription period is reduced to five years starting from that date.

Until 1 October 1999, sections 39 to 45 of the Act respecting income security apply to the recovery of an amount recoverable under the Social Aid Act.

This section applies notwithstanding any other provision and has effect from 1 August 1992, except as regards a recoverable amount which is the subject of a claim and in respect of which prescription was invoked in a writing sent to the Minister before 12 March 1998 or in respect of which a judicial proceeding is pending and prescription was invoked as a ground in writing before the latter date. If such is the case, the Minister shall terminate collection procedures in respect of the amount and reimburse to the debtor any amount collected since prescription was invoked by the debtor. The refund is an excluded amount for the purposes of sections 52 and 68 of the Regulation respecting income security (Order in Council 922-89 of 14 June 1989).

1998, c. 36, s. 218.