2019 BILL 12

	12


First Session, 49th General Assembly 68 Elizabeth II, 2019
BILL 12
AN ACT TO AMEND THE ENFORCEMENT OF CANADIAN JUDGMENTS ACT
Received and Read the First Time................................................................
Second Reading............................................................................................
Committee.....................................................................................................
Third Reading...............................................................................................
Royal Assent.................................................................................................
HONOURABLE ANDREW PARSONS, Q.C. Minister of Justice and Public Safety and Attorney General
Ordered to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Enforcement of Canadian Judgments Act to

· remove orders made under sections 738 or 739 of the Criminal Code from the definition of "Canadian judgment";

· clarify the authority to register Canadian judgments containing provisions for the payment of money; and

· replace all references to "Trial Division" with "Supreme Court of Newfoundland and Labrador".

A BILL

AN ACT TO AMEND THE ENFORCEMENT OF CANADIAN JUDGMENTS ACT

Analysis

1. S.2 Amdt.
Definitions

2. S.3 Amdt.
Right to register judgment

3. S.4 Amdt.
Procedure for registering judgment

4. S.5 Amdt.
Effect of registration

5. S.7 Amdt.
Power to stay or limit enforcement of registered judgment

6. S.8 Amdt.
Interest on registered judgment

7. S.9 Amdt.
Recovery of registration costs

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SNL2000 cE-11.1
as amended

1. Paragraph 2(a) of the Enforcement of Canadian Judgments Act is repealed and the following substituted:

(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, and

(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;

2. Subsection 3(2) of the Act is repealed and the following substituted:

(2) A Canadian judgment which contains provisions for the payment of money and also contains other provisions may be registered under this Act only in respect of the provisions for the payment of money.

3. Section 4 of the Act is amended by deleting the words "Trial Division" and substituting the words "Supreme Court of Newfoundland and Labrador".

4. Section 5 of the Act is amended by deleting the words "Trial Division" and substituting the words "Supreme Court of Newfoundland and Labrador".

5. Section 7 of the Act is amended by deleting the words "Trial Division" wherever they appear and substituting the words "Supreme Court of Newfoundland and Labrador".

6. Subsection 8(1) of the Act is amended by deleting the words "Trial Division" and substituting the words "Supreme Court of Newfoundland and Labrador".

7. Section 9 of the Act is amended by deleting the words "Trial Division" and substituting the words "Supreme Court of Newfoundland and Labrador".