Third

Session, 45th General Assembly

Elizabeth II, 2006

BILL 13

AN ACT TO AMEND THE

SHERIFF'S ACT, 1991

Received and Read the First Time ...................................................................................................

Second Reading .................................................................................................................................

Committee ............................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE

THOMAS W. MARSHALL ,

Minister

of Justice and Attorney General

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

Clause 1 of the Bill would amend the Sheriff's Act, 1991 to re-define

"minister" as the person appointed under the Executive Council Act to administer the Act, and to include a

definition of "person". The

Minister of Justice currently administers the Act.

Clause 2 of the Bill would amend the

Act to provide that a person who is entitled to money paid into the Sheriff's

Office and subsequently paid into the Consolidated Revenue Fund when it wasn't

claimed may apply to the Minister of Justice for a declaration that he or she

is entitled to the money and a direction to the Minister of Finance that it be

paid to him or her. Currently such a

person must apply to the court for an order directing payment.

A BILL

AN ACT TO AMEND THE SHERIFF'S ACT, 1991

Analysis

S.2 Amdt.

Definitions

2. S.19 Amdt.

Finance

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL1991 c39

as amended

1. Paragraph 2(

c) of the Sheriff's Act, 1991 is repealed and the following substituted:

(c) "minister" means the minister

appointed under the Executive Council Act

to administer this Act;

(2) Section 2 of the Act is amended by adding

immediately after paragraph (c), the following:

(c.1) "person" includes a natural person

and his or her executors, administrators and other legal representatives and

also includes a firm, partnership, corporation and an unincorporated society or

association; and

2. Subsections 19(2) and (3) of the Act are

repealed and the following substituted:

(2) A person entitled to money paid into the

Consolidated Revenue Fund under subsection (1) may apply to the minister for a

declaration that the person is legally entitled to the money.

(3) An application for a declaration under

subsection (2) shall be made in writing to the minister and shall be

accompanied by

(

a) a statement, sworn or affirmed by the

applicant, containing the information relating to the application; and

(

b) a bond of indemnity granted and executed by

the applicant in favour of and in a form satisfactory to the minister for an

amount not less than the amount of the money applied for.

(4) Where the minister is satisfied that a person

applying under subsection (2) is entitled to the money, the minister shall,

(

a) not sooner than 15 days after receipt of the

application; and

(

b) not later than 30 days after receipt of the

application

notify the Minister of Finance in writing

of the applicant's entitlement.

(5) Upon receipt of the minister's notification

provided under subsection (4), the Minister of Finance shall pay the money and

interest from the Consolidated Revenue Fund to the person entitled to it.

(6) Where the minister is not satisfied of the

applicant's entitlement to the money and refuses to direct the Minister of

Finance to pay it to the applicant, the applicant may, within 15 days of the

minister's decision, apply to a judge of

(

a) the Provincial Court , where the amount is $5,000 or less; or

(

b) the Trial Division,

where the amount is greater than $5,000,

for an order and the judge of the Provincial Court or the Trial Division may issue an order

(

c) stating that the

person is legally entitled to the money; and

(

d) directing the Minister of Finance to pay over

to the person the money and interest that are set out in the order.

(7) Notwithstanding subsection (4), where the

minister is notified within 15 days of receipt of the application under

subsection (2) that a third party claims an interest in the money the minister

shall

(

a) refuse to pay the money to the applicant; and

(

b) direct the third party to make application

within 15 days to the court as provided in paragraphs (6)(

a) or (b).

(8) Where a third party fails to make application

to the court within the 15 days allotted under subsection (7) and the minister

is satisfied of the applicant's entitlement and the applicant has complied with

the requirements under subsection (3), the minister shall direct the Minister

of Finance to pay the money and interest from the Consolidated Revenue Fund to

the applicant.

(9) Upon receipt of an order under subsection (6),

or the minister's direction under subsection (8), the Minister of Finance shall

pay from the Consolidated Revenue Fund to the person entitled to it the money

and interest set out in the order.

Earl G. Tucker, Queen's Printer