Notice of Claim for Settlement and Instruction for Payment

 Notice of Claim for Settlement and

Instruction for Payment

Lawfully Established Duties and

Rights of the Human Being

1. (1) Whereas I **name** born a free human being recognize that the Governor General of Canada and the Lieutenant Governor of Ontario have received my notarized “Notice of Understanding and Claim of Recognition” on April 3, 2018, proof of receipt is attached to this declaration, do declare the following in order for appropriations to be made from the Consolidated Revenue Fund.

(2) Refer to the attached Notarized document “Notice of Understanding and Claim of Recognition” on April 3, 2018 Article 36 “Rights and Entitlements Back to My Control”.

2. Whereas I recognize that an appropriation means any authority, any law, which permits Parliament to pay money out of the Consolidated Revenue Fund.

Financial Administration Act

Interpretation

Definitions

2 In this Act

appropriation means any authority of Parliament to pay

money out of the Consolidated Revenue Fund;

3. Whereas I recognize that in order to have access to this fund there has to be an operation of law that produces the right or obligation to access this fund. Any claim made against this fund must be backed by an operation of law that is recognized by the state party.

4. Whereas I recognize that the International Covenants working with the domestic law of the Constitution Act of Canada grants us, as human beings, the right of the security of our person and our right to enjoy a living and that the state party is under obligation to secure an adequate living on our behalf.

Constitution Act, 1982

Canadian Charter of Rights and Freedoms

Legal Rights

Life, liberty and security of person

7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

Other rights and freedoms not affected by Charter

26. The guarantee in this Charter of certain rights and freedoms shall not be construed as denying the existence of any other rights or freedoms that exist in Canada.

International Covenant on Economic, Social and Cultural Rights

Preamble

Recognizing that, in accordance with the Universal Declaration of Human Rights, the ideal of free human beings enjoying freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his economic, social and cultural rights, as well as his civil and political rights,

5. Whereas I recognize the State Party Canada, signatory to the International Covenant on Economic Social and Cultural Rights, the International Covenant on Civil and Political Rights, and the Canadian Constitution 1982, has an obligation, a security, a guarantee by Surety for the human being to enjoy, unprescribed, his living and enjoy his fundamental rights and freedoms.

International Covenant on Economic, Social and Civil Rights

Article 11.1 The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing

and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international cooperation based on free consent.

Blacks Law Dictionary 9th Ed.

Surety A person who is primarily liable for paying another's debt or performing another’s obligation…..In other words, the term surety includes anyone who is bound on an obligation which, as between himself and another person who is bound to the obligee for the same performance, the latter obligor should discharge. In this sense, suretyship includes all accessorial obligations.

6. Whereas I recognize that State Party Canada has an obligation to preserve the right stated in article 5 of this Notice of Claim, and to educate and strengthen the respect for human rights and fundamental freedoms.

International Covenant on Economic, Social and Civil Rights

Article 13.1 The States Parties to the present Covenant recognize the right of everyone to education. They agree that education shall be directed to the full development of the human personality and the sense of its dignity, and shall strengthen the respect for human rights and fundamental freedoms. They further agree that education shall enable all persons to participate effectively in a free society, promote understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups, and further the activities of the United Nations for the maintenance of peace.

7. Whereas I recognize that payments are Subject to the Constitution Acts 1867 to 1982 and must be found in the authority of Parliament enactments, contracts, undertakings, regulations.

Financial Administration Act

PART III

Public Disbursements

Payments out of C.R.F.

26 Subject to the Constitution Acts, 1867 to 1982, no payments shall be made out of the Consolidated Revenue Fund without the authority of Parliament.

Payment of guarantee

29 (1) Where a guarantee has been given under the authority of Parliament by or on behalf of Her Majesty for the payment of any debt or obligation, any amount required to be paid by the terms of the guarantee may, subject to the Act authorizing the guarantee, be paid out of the Consolidated Revenue Fund

8. Whereas I recognize that the minister, who is the head of the department, has the right to make discharge or requisition off of the consolidated revenue fund fulfilling the Financial Administration Act Article 26 which can only come from an enactment or regulation.

Financial Administration Act

PART III

Public Disbursements

Requisitions

33 (1) No charge shall be made against an appropriation

except on the requisition of the appropriate Minister

of the department for which the appropriation was made

or of a person authorized in writing by that Minister.

9. Whereas I recognize that there is another authority, another operation of law, which has another way to access the consolidated revenue fund which is called an instruction for payment.

Financial Administration Act

PART III

Public Disbursements

Definition of instruction for payment

35 (1) In this section and section 36, instruction for payment means an instrument or other instruction for the payment of money, but does not include a requisition under section 33.

Form of payments out of C.R.F.

(2) Every payment out of the Consolidated Revenue Fund shall be made under the direction and control of the Receiver General by the issuance of an instruction for payment, in such form and authenticated in such manner as the Treasury Board may direct.

10. Whereas I recognize that an instruction for payment has no obligation or type of form or documentation to be sent and that I claim that this document is an “instruction for payment” out of the consolidated revenue fund on behalf of our fundamental human right and freedoms, more specifically on behalf of my adequate living, the security of the person, the person authorized, the human being, to make a claim for settlement..

Financial Administration Act

PART III

Public Disbursements

Claim for Settlement

35 (3) An amount set out in an instruction for payment issued under subsection (2), less any amount charged back

as a result of a reconciliation pursuant to section 36, may be paid out of the Consolidated Revenue Fund where

(a) a claim for settlement of the amount is made by a member of the Canadian Payments Association or by a person authorized by the Receiver General to make a claim for settlement; and

(b) the claim is made in the prescribed manner and is accompanied by the prescribed evidence

11. Whereas I recognize that the Receiver General is to examine and reconcile this claim of our fundamental rights as a human being to the security of the person as enumerated in international and domestic laws.

Financial Administration Act

PART III

Public Disbursements

Reconciliation of claim with evidence and instruction

for payment

36 (1) Where a payment out of the Consolidated Revenue Fund is made in respect of a claim for settlement, the Receiver General shall examine the claim and make a reconciliation between the claim and

(a) the supporting evidence; and

(b) the instruction for payment to which the claim relates.

12. Whereas I recognize that the Financial Administration Act identifies that a human identified as a person or Corporation, has the capacity of a “natural person”.

Financial Administration Act

Incorporation by Letters Patent

Capacity of a natural person

(5) The corporation has, subject to its letters patent and this Act, the capacity of a natural person.

Black’s Law 4th ed. INDIVIDUAL. As a noun, this term denotes a single person as distinguished from a group or class, and also, very commonly, a

private or natural person as distinguished from a partnership, corporation, or association;

The Merriam-Webster's Dictionary of Law:

"natural person”

A human being as distinguished from person (as a corporation) created by operation of law.

13. I understand and claim that the bank has breached it’s contractual agreements as per Consumer Notes Ontario http://canlii.org/en/on/laws/stat/so-2002-c-30-sch-a/latest/so-2002-c-30-

Financial Institutions Canada Guideline

Capital Adequacy Requirements

Borrowing Multiple

total borrowings should be no greater than 20 times capital, although this multiple can be exceeded with the Superintendent’s prior approval to an amount no greater than 23 times.

Requirements for future performance agreements 22. Every future performance agreement shall be in writing, shall be delivered to the consumer and shall be made in accordance with the prescribed requirements . 2002, c. 30, Sched. A, s. 22.

Representations 77. No lender shall make representations or cause representations to be made with respect to a credit agreement, whether orally, in writing or in any other form, unless the representations comply with the prescribed requirements. 2002, c. 30, Sched. A, s. 77.

14. Whereas I understand and claim that the bank has made false representations, did not meet prescriptive law and thereby breached its contractual agreements as per Bill of Exchange Act. Every contract signed or engaged upon for the lending or advancing of

money or other valuable security is considered a consumer note. This consumer note must be clearly indicated upon it that its creation was for a consumer purchase. Every consumer bill or consumer note shall be prominently and legibly marked on its face with the words “ Purchase ”

15. Whereas I understand and claim that the Bills of Exchange Act governs consumer notes and that a “Note” or Consumer Note means promissory note.

Bills of exchange act

Consumer Bill

Consumer Note

189(2) A consumer note is a promissory note ( a ) issued in respect of a consumer purchase; and ( b ) on which the purchaser or any one signing to accommodate him is liable as a party.

189 (3) Without limiting or restricting the circumstances in which , for the purposes of this Part, a bill of exchange or a promissory note shall be considered to be issued in respect of a consumer purchase , a bill of exchange or a promissory note shall be conclusively presumed to be so issued if

( a ) the consideration for its issue was the lending or advancing of money or other valuable security by a person other than the seller, in order to enable the purchaser to make the consumer purchase ; and

190. (1) Every consumer bill or consumer note shall be prominently and legibly marked on its face with the words “ Purchase ” before or at the time when the instrument is signed by the purchaser or by any person signing to accommodate the purchaser .

190. (2)

Effect where not marked

Bills of exchange article 190 (2) A consumer bill or consumer note that is not marked as required by this section is void , except in the hands of a holder in due course without notice that the bill or note is a consumer bill or consumer note or except as against a drawee without that notice.

16. Whereas I understand and claim that The obligation to pay this consumer note is void by the writer notifying the Holder of the note since the consumer note is not marked properly with the indication “consumer purchase”.

17. Whereas I **Name** Rescind this Agreement as and am entitled to remedy and including damages.

Rescinding agreement 18. (1) Any agreement, whether written, oral or implied, entered into by while a person has engaged in an unfair practice may be rescinded by the consumer and the consumer is entitled to any remedy that is available in law, including damages. 2002, c.30, Sched. A, s. 18 (1).

Form of notice

(4) The consumer may express notice in any way as long as it indicates the intention of the consumer to rescind the agreement or to seek recovery where rescission is not possible and the reasons for so doing and the notice meets any requirements that may be prescribed. 2002, c. 30, Sched. A, s. 18 (4).

Effect of rescission

(14) When a consumer rescinds an agreement under subsection (1), such rescission operates to cancel, as if they never existed, (a) the agreement ; (b) all related agreements;

(c) all guarantees given in respect of money payable under the agreement; (d) all security given by the consumer or a guarantor in respect of money payable under the agreement; and

(e) all credit agreements, as defined in Part VII, and other payment instruments, including promissory notes,

(i) extended, arranged or facilitated by the person with whom the consumer reached the agreement, or (ii) otherwise related to the agreement. 2002, c. 30, Sched. A, s. 18 (14).

Waiver of notice

(15) If a consumer is required to give notice under this Part in order to obtain a remedy , a court may disregard the requirement to give the notice or any requirement relating to the notice if it is in the interest of justice to do so. 2002, c. 30, Sched. A, s. 18 (15); 2008, c. 9, s. 79

18. Whereas I understand and claim that The obligation to pay this consumer note is void by the writer notifying the Holder of the note since the consumer note is not marked properly with the indication “consumer purchase” and for not disclosing in writing to the consumer all future performances.

19. Whereas I claim the following to be settled;

a) Mastercard xxxxxxxxxxx in the amount of $xx,xxx.xx Cdn

b) Payment to be deposited into

Transit# xxxxx Institution# xxx Account# xxxxxxx

**bank address**

** **

** **

This is my declaration.

Autograph - **name**

non assumpsit - without prejudice

human being with intrinsic, unalienable right