First

Session, 49th General Assembly

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

S.2 Amdt.

Definitions

2. S.3 Amdt.

Right to register judgment

S.4 Amdt.

Procedure for registering judgment

S.5 Amdt.

Effect of registration

S.7 Amdt.

Power to stay or limit enforcement of registered judgment

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a) of the Enforcement of Canadian Judgments Act is repealed and the following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 Subsection 3(2) of the Act is repealed and the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.

Section 4 of the Act is amended by deleting the

words "Trial Division" and substituting the words "Supreme Court

of Newfoundland and Labrador".

Section 5 of the Act is amended by deleting the

words "Trial Division" and substituting the words "Supreme Court

of Newfoundland and Labrador".

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".

Section 9 of the Act is amended by deleting the

words "Trial Division" and substituting the words "Supreme Court

of Newfoundland and Labrador".

Queen's Printer