Second Session, 44th General Assembly

49 Elizabeth II, 2000

BILL 16

AN ACT RESPECTING THE

ENFORCEMENT

OF CANADIAN JUDGMENTS

Received and Read the First

Time

Second Reading

Committee

Third Reading

Royal Assent

HONOURABLE KELVIN PARSONS

Minister of Justice

Ordered to be printed by the

Honourable House of Assembly

EXPLANATORY NOTE

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.

A BILL

AN ACT RESPECTING THE ENFORCEMENT OF CANADIAN

JUDGMENTS

Analysis

Short title

Definitions

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

11. Regulations

12. Fees and forms

13. Application

14. Commencement

Be it enacted by the

Lieutenant-Governor and House of Assembly in Legislative

Session convened, as follows:

Short title

This Act may be cited as the Enforcement of Canadian Judgments

Act .

Definitions

In this Act

(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

(1) A Canadian judgment for the payment of money may be registered

under this Act for the purpose of enforcing payment of the money

unless the judgment is for

(

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.

Procedure for registering judgment

A Canadian judgment may be registered under this Act by paying the

prescribed fee and by filing in the registry of the Trial Division

(

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 registered Canadian judgment may be enforced in the province as if

it were a judgment of, and entered in, the Trial Division.

Time limit for registration and enforcement

Notwithstanding sections 3 and 5, a Canadian judgment shall 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 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

(1) Notwithstanding

section 5, the Trial Division may make an order

staying or limiting the enforcement of a registered Canadian

judgment, subject to the terms and for the period that the court

considers appropriate in the circumstances, where

(

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

(1) Interest is payable on a registered Canadian judgment as if it

were a judgment of the Trial Division.

(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 judgment creditor is entitled to recover all costs, charges and

disbursements

(

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

Registering a Canadian judgment or taking other proceedings under

this Act shall not affect a judgment creditor's right

(

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 .

Regulations

The Lieutenant-Governor in Council may make regulations

(

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

12. The minister may prescribe fees and forms for

the purpose and administration of this Act.

Application

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 judgment debtor took part.

Commencement

14. This Act shall come into force on a day to be

proclaimed by the Lieutenant Governor in Council.

Earl G. Tucker, Queen's Printer