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War on cash

BookerL

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Apr 29, 2014
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Absolutely. This is first month law school stuff.
.

Hello all

Technicalities of the law ,interesting article concerning the subject http://www.canada.com/montrealgazette/news/story.html?id=527ace7b-0465-4d2a-9a06-0c0d7a887afe,

"Canadian retailers within rights to refuse $50 bills

MONTREAL - The signs are everywhere: in store windows or next to cash registers: "We don't accept $50 bills."

While the denomination may be $50 or $100, the message is the same - the merchants are refusing legal tender.

But whether it’s over concerns of counterfeit money, being robbed or simply lacking change, the practice isn’t against the law.

Christian Vezeau, senior analyst at the Bank of Canada, confirmed it’s within the rights of businesses to refuse paper money under certain circumstances.

“They have no obligation to accept any specific denomination,” he said from Ottawa. “It’s a private agreement between two parties.”

A federal Department of Finance official referred to the Currency Act, which stipulates only Canadian circulation coins and notes are legal tender in Canada.

“But it is important to note that legal tender has a narrow meaning,” the spokesperson said. “It means only that a payment cannot be refused in settlement of a debt. Therefore, there is no obligation for a legal tender to be accepted as payment in a business, commercial or personal transaction unless there is debt involved.”

Vezeau said the Bank of Canada “strongly discourages” businesses posting the signs over their concerns about bogus bills, usually for $50s and $100s.

He explained such signs entice counterfeiters to pass off different denominations than those being watched for.

“Seventy-five per cent of counterfeit bills are now $20s and $10s,” Vezeau pointed out.

According to the RCMP’s latest currency counterfeiting statistics, $20s and $10s accounted for 66 and 10 per cent of bogus bills respectively in 2007 while $50s and $100s made up only seven and five per cent respectively.

The Bank of Canada offers retailers free seminars and employee training on detecting bogus bills.

Judy Langford, a media co-ordinator for the Canadian Federation of Independent Business, said fraud protection notices from the Bank of Canada concerning counterfeit money are passed along to the 105,000 members.

It isn’t their main worry, however.

“A lot of convenience stores don’t keep more than $50 (in their tills) for fear of robbery and advertise it in the front window,” Langford said.

As for coins, people who want to pay for their purchases with pennies can be limited to 25 cents at the discretion of the merchant under the Currency Act.

Spokespeople for the nearly 1,000-member Association des marchands, depanneurs et epiceries du Quebec and 40,000-strong Retail Council of Canada couldn’t be reached for comment Wednesday."


What is in bold explains ,the technically,if the debt has incurred ,the creditor cannot refuse payment from the debtor .

So in the example provided by JTF2
Even though a lot of businesses say they don't accept 100 dollar bills...it is actually against the law to accept any legal tender. I recently filled up my vehicle at a Petro Canada that had a sign on the door saying "We do not accept $50 bills or $100 bills." I filled up anyways, knowing that they are not allowed to do this. I went to pay with two $100 bills and the clerk said "We don't accept those."
So I said "Well, that's all I have." It was suggested I use a credit card...said I didn't have one (not true...but wanted to make a point.)
Eventually I said "Listen, either you take my money or you're not getting paid." Clerk said she was going to call the police....to which I agreed. She was a bit surprised.
So....SQ shows up 15 minutes later (off island) and turns out I know them. Explained the situation (it's not like I was trying to steal anything) and they told the clerk that the business obligated to accept any form of legal tender. I handed the money to the officer and told him I was gonne leave and let him sort it out (keep in mid...I knew the guy).

That Petro Canada now accepts all forms of legal tender and the sign is gone.

The debt existed ,meaning that the Police where right in telling the merchant ,he was no able to refuse payment for extinguishing the debt .

However I do agree that it is not a Police matter like you state in this posting
The police have no business in such situations, as it is a question of breach of contract, which is not a criminal matter nor a police matter. Police tend to be rather ignorant of legal matters outside their narrow area of expertise (criminal, evidence, traffic, etc.).

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Payment in restaurant where you eat first and pay after would create a similar scenario.
The debt exist ,therefor the creditor/restaurant must accept Legal Tender .I have offered in payment thousand dollars bills ,many times when they where Legal Tender .



Cheers



Booker
 

Stringcroc

New Member
Oct 14, 2015
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Too bad they retired the pinky (1000$ CDN Bill) in 2000. I remember having ONE in my secret stash way back then...

But if you look around you see there is an alarming trend to try to limit and eventually kill of cash altogether. Right now its happening in the euro zone. And why? the familiar "terrorist" nemesis again.

All this of course brings me back to the SP. If she wants smaller bills I will go along -but so far no complaints.
 
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