Stop Payment Orders Concerning Government Benefits

0 Comments

The Warrant Compliance Regulations, established under The Warrant Compliance Act, were filed on November 1, 2023, with the goal of improving the enforcement of outstanding arrest warrants while considering the impact on government benefits for affected individuals. These regulations clarify essential definitions, outline the roles of benefit administrators, and detail the procedural requirements for handling cases involving prolific violent offenders.

Key definitions are provided within the regulations, specifying that “Act” refers to The Warrant Compliance Act. A “government benefit” encompasses various forms of financial assistance, particularly those outlined in the Saskatchewan Assured Income for Disability Regulations, Saskatchewan Income Support Regulations, and agreements associated with the National Housing Strategy. The term “warrant for arrest” is divided into three categories: those issued under the Criminal Code, the Immigration and Refugee Protection Act, and the Corrections and Conditional Release Act. A significant aspect of the regulations is the classification of a “prolific violent offender,” which pertains to individuals with a notable history of violent crime based on specific criteria related to prior convictions.

An individual qualifies as a prolific violent offender if they meet certain conditions, such as having multiple adult convictions for violent offences or having served time in federal penitentiaries. Notably, individuals who have not faced a court order for violent offences within five years prior to the issuance of a warrant are excluded from this classification.

The regulations also designate specific police services authorized to receive location information about prolific violent offenders, including the Correctional Service of Canada and the Canada Border Services Agency. This provision is intended to promote collaboration among law enforcement agencies in tracking and apprehending individuals with outstanding warrants.

One of the notable provisions involves the requirements for issuing stop payment notices concerning government benefits. These notices must include critical information, such as the offender’s legal name, known aliases, and date of birth, ensuring that benefit administrators can accurately identify individuals affected by outstanding warrants.

Section 5 allows benefit administrators to continue disbursing government benefits while reviewing the recipient’s household composition. This measure acknowledges the potential adverse effects on children and other dependents if benefits are suddenly denied or reduced.

The Warrant Compliance Regulations are intended to improve the enforcement of outstanding arrest warrants in Saskatchewan. By clearly defining roles, establishing criteria for prolific violent offenders, and facilitating communication between law enforcement and benefit administrators, these regulations aim to balance public safety with social support considerations.

Saskatchewan (103/2023) November 10, 2023