by Leathal » Tue Jul 07, 2009 09:25:25 PM
Yes, and the manager told me date on the cheque means nothing to CIBC and the other banks, that it's the responsibility of person writing the cheque to make sure the person receiving the cheque cashes on the date which it's posted for.
I even asked her "so if I wrote a cheque to someone for $10 and dated for the year 2020, if the cashed it the money would taken from my account?" the replie I got was "if you account has sufficent funds the cheque will be cashed".
Leathal
Update: My research has paid off, here is what I found!
There is legislation which was put in place in 1882 in Canada called - Bills of Exchange Act that has been amended over the years, the latest amendment was done on June 15, 2009. You can find it at the Deparment of Justice of Canada website. This is the LAW that all banks in Canada must abide by.
This is from the June 19th version:
Section 2 number 16 - Bill of Exchange:
A bill of exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the perosn whom it is addressed to pay, on demand or at a fixed or determinable future time, a sum certain in money to or to the order of a specificed person or to bearer.
Section 2 number 26 - Valid Bill:
A bill is not invalid by reason only that it
(a) is not dated;
(b) does not specify the value given, or that any value has been given therefor;
(c) does not specify the place where it is drawn or the place where it is payable; or
(d) is antedated or post-dated, or bears date on a Sunday or other non-juridical day.
In the 1882 version of the Bills of Exchange Act they took the time to elaberate on what each of the points mean. Here is word for word what it says for (d) above:
A bill is not invalid by reason onl that it is antedated or postdated...
(meaning) If a bill payable on demand be issued bearing date after the date of issue, payment cannot be demanded before the date on the bill has come.
At another Government of Canada website for the Financial Consumer Agency of Canada it says this about Banking and Insurance with respect to cheques.
Post-dated Cheques:
The Canadian Payments Association (CPA) is the organization that develops rules for Canada's cheque-clearing and settlement system. CPA has developed a rule, called A1: Genernal Rules Pertaining to Items Acceptable for Exchange, for the Purposes of Clearing and Settlement, which states that any bank that is a member of the CPA cannont cash your cheque before the date indicated on it.
If your bank or trust company does cash the cheque before this date, CPA has another rule, called A4, Returned and Redirected Items, which allows for your finanical institution to return the cheque and put the money back into your account. You can only ask your bank or trust company to do this up to "the day before" the cheque should have been cashed.
CIBC btw is a member of CPA!
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So there you have it! The "real" law and rules that Canadian banks must abide by otherwise you can take legal action against them and win no doubt!
Leathal