Part IIOrderPublished: December 22, 2021

Remission of Overpayment for Cédric Gouillart

Cédric Gouillart Remission Order: SI/2021-99

An order under the Financial Administration Act cancels an overpayment debt of $22,031 (plus related interest) owed by the estate (succession) of deceased Department of National Defence employee Cédric Gouillart. The order, made December 9, 2021 and published in the Canada Gazette on December 22, 2021, extinguishes the debt and allows DND to remove it from its accounts on compassionate grounds.

Published
December 22, 2021
Department
Unavailable
Section
Cédric Gouillart Remission Order
Comment deadline
Unavailable
Effective date
December 9, 2021
Publication part
Part II

Summary

Summary#

The Cédric Gouillart Remission Order is an order under the Financial Administration Act that cancels an overpayment debt of $22,031 (plus related interest) owed by the estate of a deceased Department of National Defence employee. The order was made on December 9, 2021 and published in the Canada Gazette on December 22, 2021.

What it does#

  • Remits (forgives) $22,031 and all relevant interest that was owed by the succession (estate) of Cédric Gouillart for salary overpayments.
  • Explains the background: the employee disappeared in May 2018; pay was continued until October 2018; a Quebec court issued a declaratory judgment of death in August 2019.
  • Says the remission was sought on compassionate grounds because collecting the debt would cause severe hardship for the family.
  • Uses the remission power under subsection 23(2.1) of the Financial Administration Act to extinguish the debt (the Act otherwise requires recovery of overpayments).

Who's affected#

  • The primary people affected are the family and estate (succession) of Cédric Gouillart — they will no longer have to repay the $22,031 plus interest.
  • The Department of National Defence, which recorded the overpayment and will remove the debt from its accounts.
  • The Union of National Defence Employees is mentioned as having raised the family’s case with the department.
  • It is not a rule change for everyone; it applies to this specific case. The notice does not say whether similar remissions will be granted in other cases.

Why it matters#

  • For the family, the order removes a significant financial burden and the stress of debt collection after a personal tragedy.
  • For the department, it allows financial records to be balanced by removing a debt that would otherwise have to be recovered.
  • It shows how the government can use a remission order (under the Financial Administration Act) when strict recovery rules would cause hardship.

Key topics

Financial Administration ActFAACédric GouillartDepartment of National DefenceUnion of National Defence Employeesremission orderoverpayment recoverysalary overpaymentestate debtcompassionate reliefdeclaratory judgment of deathLeave Without Payinsurance benefits debtsuccession

Source: Canada Gazette

Official source