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2003 Legislative Session: 4th Session, 37th Parliament

FIRST READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

HONOURABLE GEOFF PLANT

ATTORNEY GENERAL AND MINISTER

RESPONSIBLE FOR TREATY NEGOTIATIONS

BILL 32 – 2003

ENFORCEMENT OF CANADIAN JUDGMENTS

AND DECREES ACT

Contents

Section

Definitions

Right to register Canadian judgment

Procedure for registering Canadian judgment

Effect of registration

Time limit for registration and enforcement

Application for directions

Interest on registered judgment

Recovery of registration costs

Enforcing parties' other rights not affected by registration

Application of Act

Repeal

12-18

Consequential Amendments

Commencement

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Definitions

1 In this Act:

"Canadian judgment" means a judgment, decree or order made in a civil proceeding by a court of a province or territory of Canada other than British Columbia

(

a) that requires a person to pay money, including

(

i) an order for the payment of money that is made in the exercise of a judicial function by a tribunal of a province or territory of Canada other than British Columbia and that is enforceable as a judgment of the superior court of unlimited trial jurisdiction in that province or territory, and

(ii) an order made and entered under

section 741 of the Criminal Code in a court of a province or territory of Canada other than British Columbia,

(

b) under which a person is required to do or not do

an act or thing, or

(

c) that declares rights, obligations or status in relation to a person or thing,

but does not include a judgment, decree or order that

(

d) is for maintenance or support, including an order

enforceable under the Family Maintenance Enforcement Act ,

(

e) is for the payment of money as a penalty or fine for committing an offence,

(

f) relates to the care, control or welfare of a minor,

(

g) is made by a tribunal of a province or territory of Canada other than British Columbia, whether or not it is enforceable as an order of the superior court of unlimited trial jurisdiction of the province or territory where the order was made, to the extent that it provides for relief other than the payment of money, or

(

h) relates to the granting of probate or letters of administration or the administration of the estate of a deceased person;

"enforcement" includes requiring that a Canadian judgment be recognized by any person or authority, whether or not further relief is sought;

"enforcing party" means a person entitled to enforce a Canadian judgment in the province or territory where the judgment was made;

"registered Canadian judgment" means a Canadian judgment that is registered under this Act.

Right to register Canadian judgment

(1) Subject to subsection (2), a Canadian judgment,

whether or not the judgment is final, may be registered under this Act for the

purpose of enforcement.

(2) A Canadian judgment that requires a person to pay money may not be registered under this Act for the purpose of enforcement unless it is a final judgment.

(3) A Canadian judgment that also contains provisions for relief that may not be enforced under this Act may be registered under this Act except in respect of those provisions.

Procedure for registering Canadian judgment

(1) A Canadian judgment is registered under

this Act by paying the fee prescribed by regulation and by filing in the registry

of the Supreme Court

(

a) a copy of the judgment, certified as true by a judge, registrar, clerk or other proper officer of the court that made the judgment, and

(

b) the additional information or material required by the Rules of Court.

(2) Law enforcement authorities acting in good faith may, without liability, rely on and enforce a purported Canadian judgment that

(

a) was made in a proceeding between spouses, and

(

b) enjoins, restrains or limits the contact one party may have with the other for the purpose of preventing harassment or domestic violence,

whether or not the judgment has been registered in the Supreme Court under subsection (1).

Effect of registration

4 Subject to sections 5 and 6, a registered Canadian

judgment may be enforced in British Columbia as if it were an order or judgment

of, and entered in, the Supreme Court.

Time limit for registration and enforcement

(1) A Canadian judgment that requires a person

to pay money must not be registered or enforced under this Act

(

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 date on which the judgment became enforceable in the province or territory where it was made.

(2) Equitable doctrines and rules of law in relation to delay apply to the enforcement of a Canadian judgment, to the extent that it provides for relief other than the payment of money.

Application for directions

(1) A party to the proceeding in which a registered

Canadian judgment was made may apply to the Supreme Court for directions respecting

its enforcement.

(2) On an application under subsection (1), the court may

(

a) make an order that the judgment be modified as may be required to make it enforceable in conformity with local practice,

(

b) make an order stipulating the procedure to be used in enforcing the judgment, or

(

c) make an order staying or limiting the enforcement of the judgment, subject to any terms and for any period the court considers appropriate in the circumstances, if

(

i) such an order could be made in respect of an order or judgment of the Supreme Court under the Rules of Court or any enactment relating to legal remedies and the enforcement of orders and judgments,

(ii) the party against whom enforcement is sought has brought, or intends to bring, in the province or territory where the Canadian judgment was made, a proceeding to set aside, vary or obtain other relief in respect of the judgment,

(iii) an order staying or limiting enforcement is in effect in the province or territory where the Canadian judgment was made, or

(iv) the judgement is contrary to public policy in British Columbia.

(3) Notwithstanding subsection (2), the Supreme Court must not make an order staying or limiting the enforcement of a registered Canadian judgment solely 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 party against whom enforcement is sought, under

(

i) principles of private international law, or

(ii) the domestic law of the province or territory where the judgment was made,

(

b) the Supreme Court 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.

(4) An application for directions must be made under subsection (1) before any measures are taken to enforce a registered Canadian judgment if

(

a) the enforceability of the judgment is, by its terms, subject to the satisfaction of a condition, or

(

b) the judgment was obtained without notice to the persons bound by it.

Interest on registered judgment

(1) To the extent that a registered Canadian

judgment requires a person to pay money, interest is payable as if it were an

order or judgment of the Supreme Court.

(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) interest that has accrued to that date 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

8 An enforcing party is entitled to recover all

costs, charges and disbursements

(

a) reasonably incurred in the registration of a Canadian judgment under this Act, and

(

b) assessed or allowed by a registrar of the Supreme Court.

Enforcing parties' other rights not affected by registration

9 Neither registering a Canadian judgment nor

taking other proceedings under this Act affects an enforcing party's right to

bring an action on the Canadian judgment or on the original cause of action.

Application of Act

10 This Act applies to

(

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 party against whom enforcement is sought took part.

Repeal

11 The Supplement to the Enforcement of Canadian

Judgments Act , R.S.B.C. 1996, c. 78, is repealed.

Consequential Amendments

Court Order Enforcement Act

Section 29 (1) of the Court Order Enforcement Act, R.S.B.C.

1996, c. 78, is repealed and the following substituted:

(1) If a judgment has been given in a court in a reciprocating state, the judgment creditor may apply to have the judgment registered in the Supreme Court unless

(

a) the time for enforcement has expired in the reciprocating state, or

(b) 10 years have expired after the date the judgment became enforceable in the reciprocating state.

(1.1) On application under subsection (1), the Supreme Court may order that the judgment be registered.

13 The Supplement to the Court Order Enforcement Act is repealed.

Court Rules Act

Section 1 (2) of the Court Rules Act, R.S.B.C. 1996, c. 80,

is amended by adding the following paragraph:

(

g) all matters arising under the Enforcement of Canadian

Judgments and Decrees Act , including cancellation of the registration of

a judgment.

Section 1 (

b) of the Supplement to the Court Rules Act is repealed.

Limitation Act

Section 1 of the Limitation Act, R.S.B.C. 1996, c. 266, is

amended

(

a) by adding the following

definitions:

"extraprovincial judgment" means a judgment, order or award other than a local judgment;

"local judgment" means a judgment, order or award of

(

a) the Supreme Court of Canada relating to an appeal from a British Columbia court,

(

b) the British Columbia Court of Appeal,

(

c) the Supreme Court of British Columbia,

(

d) the Provincial Court of British Columbia, and

(

e) an arbitration under the Commercial Arbitration

Act , and includes an arbitral award to which the Foreign Arbitral Awards

Act or the International Commercial Arbitration Act applies;

, and

(

b) by repealing the definition of "judgment" and substituting

the following:

"judgment" means an extraprovincial judgment or

a local judgment; .

Section 3 is amended

(

a) in subsections (3) (

f) and (4) (

c) by striking out "judgment"

and substituting "local judgment" , and

(

b) by adding the following subsection:

(4.1) A person must not bring an action on an extraprovincial judgment for the payment of money or the return of personal property

(

a) after the time for enforcement has expired in the jurisdiction where that judgment was made, or

(

b) later than 10 years after the judgment became enforceable in the jurisdiction where the judgment was made.

18 Sections 1 and 2 of the Supplement to the Limitation Act are

repealed.

Commencement

19 This Act comes into force by regulation of

the Lieutenant Governor in Council.

Explanatory Note

This Bill enacts the Enforcement of Canadian Judgments and Decrees Act ,

a uniform statute of the Uniform Law Conference of Canada. A similar uniform

Act can be adopted by each province and territory, towards the goal of having

uniformity in this subject area throughout Canada.

The Act embodies two law reform projects: the first for the inter-provincial enforcement of money judgments and the second for the inter-provincial enforcement of non-money judgments, orders and decrees.

The judgements, orders and decrees that are covered by the Act and originate in other provinces and territories may be administratively registered in the Supreme Court of British Columbia and then enforced in British Columbia as if they were judgments, orders or decrees of a British Columbia court.

The Act does not apply to specific types of judgements, decrees and orders excluded from the definition of "Canadian judgment" in

section 1 of the Act under paragraphs (

d) to (

h) of that definition, for example, orders for maintenance or support or orders granting probate or letters of administration.

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