Second Session, 44th General Assembly
49 Elizabeth II, 2000
AN ACT RESPECTING THE
|Received and Read the First Time|
HONOURABLE KELVIN PARSONS
Minister of Justice
Ordered to be printed by the Honourable House of Assembly
This Bill would facilitate the enforcement of Canadian judgments by giving full faith and credit to civil money judgments from the provinces and territories of Canada. It is based upon a Uniform Law Conference of Canada initiative and is consequent to a recent Supreme Court of Canada decision.
AN ACT RESPECTING THE ENFORCEMENT OF CANADIAN JUDGMENTS
1. Short title
3. Right to register judgment
4. Procedure for registering judgment
5. Effect of registration
6. Time limit for registration and enforcement
7. Power to stay or limit enforcement of registered judgment
8. Interest on registered judgment
9. Recovery of registration costs
10. Other rights not affected
12. Fees and forms
Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:
(a) "Canadian judgment" means
(i) a final judgment or order made in a civil proceeding by a superior court of a province or territory of Canada other than the province,
(ii) a final order that is made in the exercise of a judicial function by a tribunal of a province or territory of Canada other than the province and that is enforceable as a judgment of the superior court of the province or territory where the order was made, and
(iii) an order that is made under section 738 or 739 of the Criminal Code by a court of a province or territory of Canada other than the province and that is entered under section 741 of the Criminal Code as a judgment in the superior court of unlimited trial jurisdiction of the province or territory where the order was made;
(b) "judgment creditor" means a person entitled to enforce a Canadian judgment;
(c) "judgment debtor" means a person liable under a Canadian judgment; and
(d) "registered Canadian judgment" means a Canadian judgment that is registered under this Act.
Right to register judgment
(a) maintenance or support, including an order enforceable under the Support Orders Enforcement Act; or
(b) the payment of money as a penalty or fine for committing an offence.
(2) A Canadian judgment which contains provisions for the payment of money and also contains other provisions may be registered under this Act in respect of the provisions for the payment of money but may not be registered in respect of those other provisions.
(a) a copy of the judgment, certified as true by a judge, registrar, clerk or other proper officer of the court or tribunal that made the judgment; and
(b) the additional information or material that may be required by regulation.
Effect of registration
(a) after the time for enforcement has expired in the province or territory where the judgment was made; or
(b) later than 10 years after the day on which the judgment became enforceable in the province or territory where it was made.
Power to stay or limit enforcement of registered judgment
(a) that order could be made in respect of a judgment of the Trial Division under the Judgment Enforcement Act or the Rules of the Supreme Court, 1986;
(b) the judgment debtor has brought, or intends to bring, in the province or territory where the judgment was made, a proceeding to set aside, vary or obtain other relief in respect of the judgment;
(c) an order staying or limiting enforcement is in effect in the province or territory where the judgment was made; or
(d) the judgment is contrary to public policy in the province.
(2) The Trial Division shall not make an order staying or limiting the enforcement of a registered Canadian judgment on the grounds that
(a) the judge, court or tribunal that made the judgment lacked jurisdiction over the subject matter of the proceeding that led to the judgment or over the judgment debtor under
(i) principles of private international law, or
(ii) the domestic law of the province or territory where the judgment was made;
(b) the Trial Division would have come to a different decision on a finding of fact or law or on an exercise of discretion from the decision of the judge, court or tribunal that made the judgment; or
(c) a defect existed in the process or proceeding leading to the judgment.
Interest on registered judgment
(2) For the purpose of calculating interest payable under subsection (1), the amount owing on the registered Canadian judgment is the total of
(a) the amount owing on that judgment on the date it is registered under this Act; and
(b) the interest that has accrued to the date of registration under the laws applicable to the calculation of interest on that judgment in the province or territory where it was made.
Recovery of registration costs
(a) reasonably incurred in the registration of a Canadian judgment under this Act; and
(b) taxed, assessed or allowed by the taxing officer of the Trial Division
as if they were sums payable under the registered Canadian judgments.
Other rights not affected
(a) to bring an action on the Canadian judgment or on the original cause of action; or
(b) to register and enforce the Canadian judgment under the Reciprocal Enforcement of Judgments Act.
(a) respecting additional information or material that is to be filed in relation to the registration of a Canadian judgment under this Act; and
(b) generally, to give effect to the purpose of this Act.
Fees and forms
(a) a Canadian judgment made in a proceeding commenced after this Act comes into force; and
(b) a Canadian judgment made in a proceeding commenced before this Act comes into force and in which the judgment debtor took part.
ŠEarl G. Tucker, Queen's Printer