NEWFOUNDLAND AND LABRADOR REGULATION 36/14

1. (1) Rule 1.03(g) of the Rules of the Supreme Court, 1986 is repealed and the following substituted:

(g) "enter judgment", "entering judgment" or similar variations of these words mean to deliver to the Court an order embodying a judgment or to cause the Registrar to make a formal record of a judgment;

(2) The rules are amended by adding immediately after rule 1.03(s) the following:

(s.1) "Registrar" means the clerk, officer or employee of the Court designated by the Chief Executive Officer in consultation with the Chief Justice of the Trial Division to manage the operations of the registries in all judicial centres unless otherwise provided;

2. Rule 1.05 of the rules is repealed and the following substituted:

Waiver of rule by agreement

1.05. Unless the Court otherwise orders, all the parties may, by a written agreement that is filed with the Court agree to waive any provision of a rule whereupon the provision shall not apply to the extent agreed.

3. The rules are amended by adding immediately after rule 1.06 the following:

Duties of Registrar

1.07. Where a rule or an order provides that a duty shall be discharged by the Registrar, the duty may be discharged by a clerk, officer of employee of the Court who is assigned by the Chief Executive Officer to discharge registry functions.

4. Rule 5.02(1) of the rules is repealed and the following substituted:

Commencing a proceeding (Application)

5.02. (1) A proceeding

(a) in which the sole or principal question at issue is, or is likely to be a question of law, or one of construction of a statute, will, contract or other document;

(b) in which there is unlikely to be any substantial dispute of fact; or

shall be commenced by filing with the Court, or with a commissioner of the Supreme Court for the issue of originating documents at the place where the commissioner resides, an originating application (inter partes) with notice attached in Form 5.02A and a true copy thereof in a proceeding between parties or an originating application (an ex parte) in Form 5.02B and a true copy thereof in an ex parte proceeding.

5. Rule 5.03 of the rules is repealed and the following substituted:

Commencing any other proceeding

5.03. Every other proceeding, which is not within the provisions of rule 5.02, shall be commenced by filing a statement of claim with the notice attached in Form 5.03A and a true copy thereof with the Court or with a commissioner of the Supreme Court for the issue of originating applications or documents at the place where the commissioner resides.

6. Rule 5.04(1) of the rules is repealed and the following substituted:

Duty of Registrar on the filing of an originating document

5.04. (1) Upon receipt of an originating document initially filed with the Court, the Registrar shall

(a) insert on the originating document a file number and the date of filing;

(b) impress thereon the seal of the Court; and

7. (1) Rule 5A.01(1)(b) of the rules is repealed and the following substituted:

(b) "approved software" means any form of computer software identified in the Gazette as having been approved by the Chief Executive Officer in consultation with the Chief Justice of the Trial Division as being suitable for use in the electronic filing of documents and entry of judgments pursuant to this Rule, and includes a certificate template and a judgment template;

(2) Rule 5A.01(1)(c) of the rules is repealed and the following substituted:

(c) "certificate template" means the form of certificate reproduced as Form 5A.01A with such variations as the case may require and, in the case of an electronic filing, a court form of certificate, in electronic format, approved by the Chief Executive Officer in consultation with the Chief Justice of the Trial Division;

(3) Rule 5A.01(1)(e) of the rules is repealed and the following substituted:

(e) "electronic seal" means a screened image of the Seal of the Court which is used by software applications authorized by the Chief Executive Officer in consultation with the Chief Justice of the Trial Division that are protected by a password to which only the Chief Justices and the Chief Executive Officer or persons designated by the Chief Justices and the Chief Executive Officer have access;

(4) Rule 5A.01(1)(h) of the rules is repealed and the following substituted:

(h) "judgment template" means the form of order reproduced in Form 5A.01B with such variations as the case may require, and in the case of an electronic filing, a court form of judgment, in electronic format, approved by the Chief Executive Officer in consultation with the Chief Justice of the Trial Division.

8. Rule 5A.02(1) of the rules is repealed and the following substituted:

Entry of judgment

5A.02. (1) Where a judgment claimant seeks to enforce payment of a fine, late payment penalty, forfeiture, assessment or tax by causing a judgment of the Court to be entered against the person liable to pay it, the judgment claimant shall, using the certificate template, file with the Court in the Judicial Centre of St. John's a certificate, verified by the signature or the electronic signature of a designated certifying official, certifying

(a) the name and current known address of the person who is subject to and liable to pay the fine, late payment penalty, forfeiture, assessment or tax;

(b) the fact that the fine, late payment penalty, forfeiture, assessment or tax as the case may be, was imposed and the amount or amounts thereof as well as the date of imposition and the date when it became payable;

(c) the fact that the fine, late payment penalty, forfeiture, assessment or tax or any portion thereof (and if a portion, the amount of that portion) was not paid within the time allowed for payment;

(d) the amount or amounts for which judgment is sought to be entered; and

(e) that the person making the certificate has knowledge of the information in the certificate and has been duly authorized to make the certificate and to request that the amount claimed be entered as a judgment or to file it as a judgment of the court.

9. Rule 5A.03 of the rules is repealed and the following substituted:

Filing fees

5A.03. (1) Where a certificate is filed electronically pursuant to this Rule, the judgment claimant shall, no later than the next business day, forward to the Court by ordinary mail or otherwise cause to be delivered to the Court a cheque for the amount of the filing fees that would otherwise be payable for the filing of an originating document under these Rules.

(2) Where facilities exist, the Chief Executive Officer so approves and a judgment claimant consents, the payment of filing fees may be effected by a pre-authorized chequing plan arranged with, or an electronic debit charge made to, the banker of the judgment claimant.

10. (1) Rule 5A.04(1) of the rules is repealed and the following substituted:

Records

5A.04. (1) The Chief Executive Officer in consultation with the Chief Justice of the Trial Division may establish and the Registrar may maintain an electronic data base for the storage of all documents filed electronically pursuant to this Rule and of all judgments entered pursuant to such filings; and where such a data base is maintained, the keeping of records by conventional means may be dispensed with.

(2) Rule 5A.04(2)(b) of the rules is amended by deleting the words "or of any person to whom the duty of the Registrar has been assigned pursuant to section 63(2) of the Judicature Act".

11. Rule 7.10 of the rules is repealed and the following substituted:

Relator actions

7.10. Before the name of any person is used in a proceeding as a relator, that person shall give a written authorization to that person's solicitor to use that person's name and the authorization shall be filed with the Court.

12. Rule 7A.01(1)(d) of the rules is repealed.

13. (1) Rule 7A.03(3) of the rules is repealed and the following substituted:

(3) On the commencement of a class proceeding or on the filing of an application to certify a class action in a judicial centre other than the judicial centre of St. John's, the clerk, officer or employee responsible in that judicial centre shall notify the class proceedings co-ordinator of the particulars of the proceeding.

(2) Rule 7A.03(8) of the rules is repealed and the following substituted:

(8) Where a case management judge has been assigned in accordance with this rule, all subsequent applications in the proceeding shall be made to that judge and the party filing an application with the Court shall endorse on the application the name of the case management judge.

14. (1) Rule 8.02(6) of the rules is repealed and the following substituted:

(6) The name of the person shall not be used in any proceeding nor shall any person intervene or appear in a proceeding as the guardian ad litem of a person under disability until there has been filed with the Court

(a) his or her written consent to be the guardian ad litem; or

(b) where that person is the guardian of the estate of the person under disability or has been appointed as guardian ad litem by the Court, a certificate of his or her authorization or appointment.

(2) Rule 8.02(7) of the rules is repealed and the following substituted:

(7) Except where the person proposing to be guardian ad litem is the guardian of the estate of a person under disability or has been appointed as guardian ad litem by the Court, the solicitor for a person under disability, before acting in a proceeding, shall file with the Court a certificate showing that the solicitor knows or believes

(a) that there is no guardian of the estate of the person under disability and that no person has been appointed as guardian ad litem for the person under disability; and

(b) that the guardian ad litem. of the person under disability has no interest in the proceedings adverse to that person.

15. Rule 10.02(1) of the rules is repealed and the following substituted:

Filing a defence

10.02. (1) When a defendant is served with a statement of claim in Form 5.03A the defendant shall, within ten days after service thereof on the defendant, or within such time as the Court may order, or rule 14.23(2) provides, file a defence and copy with the Court.

16. Rule 14.01(2) of the rules is repealed and the following substituted:

(2) All other pleadings shall be served by filing the pleadings with the Court and serving a true copy on the opposing party, within ten days after service of the pleading to be answered and excluding the day of such service.

17. Rule 14.02(1)(b)(i) of the rules is repealed and the following substituted:

(i) the date of issue by, or the date of filing with the Court,

18. Rule 17A.02(6) of the rules is repealed and the following substituted:

(6) On an application under this rule each party shall serve on every other party to the application a memorandum consisting of a concise statement of the facts and law relied on by the party and file it with the Court not later than forty-eight hours before the day set for the hearing.

19. Rule 19.03(1) of the rules is repealed and the following substituted:

Costs

19.03. (1) Subject to rule 19.02, a party discontinuing a proceeding or withdrawing any cause of action therein or withdrawing the defence or any part thereof shall pay the costs of any opposing party to the date of giving notice of discontinuance or withdrawal to the party and, if before the payment of the costs the party subsequently brings a proceeding for the same, or substantially the same claim, the Court may order the proceeding to be stayed until the costs are paid.

20. Rule 20.01(3) of the rules is repealed and the following substituted:

(3) On making a payment into Court under Rule 20, a defendant shall forthwith file with the Court and serve on every other party a notice of payment in Form 20.01A stating the cause of action in satisfaction of which payment is made and the amount paid, or where there is more than one cause of action stating whether the payment is in satisfaction of all the causes of action and the amount paid, or if in satisfaction of one or more of them, stating the causes of action and the amount paid in respect of each of them.

21. Rule 20.06 of the rules is amended by deleting the words "from the Registrar".

22. Rule 20.11 of the rules is repealed and the following substituted:

Method of payment of money into Court

20.11. Unless the Court otherwise orders, on payment of any money into Court, the Registrar shall

(a) give a receipt for the payment which shall contain a notation of the proceeding and purpose for which the payment was made;

(b) maintain a ledger account of his or her records respecting the payment; and

23. Rule 20.12(3) of the rules is amended by deleting the words "by the Registrar".

24. Rule 20.14 of the rules is repealed and the following substituted:

Unclaimed balances paid to Consolidated Revenue Fund

20.14. Unless the Court otherwise orders, the Chief Executive Officer shall transfer to the Consolidated Revenue Fund the balance remaining to the credit of a proceeding

(a) when the balance does not exceed $500.00 and five years have elapsed without the balance being closed; or

(b) in any case, when ten years have elapsed after the last payment into Court in the proceeding,

but the transfer shall not prejudice the right of any person entitled to the balance to obtain payment.

25. Rule 23.01(1) of the rules is repealed and the following substituted:

Notice of change of solicitor

23.01. (1) A party who sues or defends by a solicitor may change the solicitor without an order, but until notice of the change is filed with the Court and served on every other party, the former solicitor shall, subject to rule 23.05 or 23.06, be considered the solicitor of the party until the conclusion of the proceeding.

26. Rule 23.05(2) of the rules is repealed and the following substituted:

(2) Where an order is made under rule 23.05(1), the applicant shall serve on every other party a copy of the order and file it with the Court.

27. Rule 23.06(1) of the rules is repealed and the following substituted:

Withdrawal of solicitor who has ceased to act for party

23.06. (1) Where a solicitor, who has acted for a party in a proceeding has ceased to so act and the party has not given notice of change in accordance with rule 23.01, or notice of intention to act in person in accordance with rule 23.04, the solicitor may apply to the Court for an order declaring that the solicitor has ceased to be the solicitor acting for the party, and the Court may so order, but unless and until the solicitor files the order with the Court and serves a copy of the order on every party, the solicitor shall be considered the solicitor of the party until the conclusion of the proceeding.

28. Rule 24.03(d) of the rules is repealed and the following substituted:

(d) file the account and affidavit with the Court and notify any other party that the accounting party has done so.

29. Rule 25.02(2) of the rules is repealed and the following substituted:

(2) The security shall be filed with the Court.

30. Rule 26.10(1) of the rules is repealed and the following substituted:

Report of result of sale

26.10. (1) A report, verified by affidavit, of the result of a sale made under an order of the Court shall be prepared by the sheriff or person conducting the sale and shall be filed immediately after the sale with the Court.

31. Rule 27.01(2) of the rules is repealed.

32. (1) Rule 27.03(1) of the rules is repealed and the following substituted:

Bond in support of interlocutory recovery order

27.03. (1) Unless the Court otherwise orders, the applicant shall provide to the Court a bond in Form 27.03A before an interlocutory recovery order is issued.

(2) The rules are amended by adding immediately after rule 27.03(1) the following:

(1.1) Unless the Court otherwise orders, the bond in paragraph (1) shall be an amount equal to one and one quarter times the value of the property sought to be recovered, as stated in the applicant's affidavit, with two sufficient sureties or other form of sufficient security, approved by the Court.

(3) Rule 27.03(4) of the rules is repealed and the following substituted:

(4) A bond and any security taken thereunder may, by leave of the Court granted on such terms as are just, be assigned by the Registrar to the party from whom the property was recovered and when so assigned that party may realize on the security and commence a proceeding to enforce the bond in that party's own name against all or any of the persons who executed it.

33. (1) Rule 27.04(1)(c) of the rules is repealed and the following substituted:

(c) direct the sheriff to deliver possession of the property recovered to the applicant when the party, from whom the property is recovered, does not deliver to the sheriff, within three days after a true copy of the order is served on that party, a certificate from the Registrar stating that the party has filed with the Court a bond pursuant to rule 27.06;

(2) Rule 27.04(3) of the rules is amended by deleting the words "or Registrar".

34. Rule 27.05(4) of the rules is repealed and the following substituted:

(4) Before the expiration of ninety days from the date of the issue of an interlocutory recovery order or when directed by the Court, the sheriff shall file the order with the Court with a report of any action taken by the sheriff thereunder.

35. (1) Rule 27.06(1) of the rules is repealed and the following substituted:

Retention or repossession of property taken under an interlocutory recovery order

27.06. (1) Any party or person, claiming to be the owner or entitled to possession of any property recoverable under an interlocutory recovery order, is entitled to retain or regain possession of the property if the party or person files with the Court not later than three days after a true copy of the order is served on the party or person

(a) an affidavit stating that the party or person is entitled to possession of the property by virtue of the facts set forth therein; and

(b) unless the Court otherwise orders, a bond in Form 27.06A in an amount equal to one and one-quarter times the value of the property recovered as determined by the sheriff, with two sufficient sureties.

(2) Rule 27.06(6) of the rules is repealed and the following substituted:

(6) Where the person or party entitled to retain the property under rule 27.06(1) is a public officer, board or government agency, such officer, board or government agency may, in lieu of giving a bond in Form 27.04A, retain possession of any property seized by filing with the Court, within the time limited by the rule, a writing certifying that public health, safety or welfare would be jeopardized or impaired if the applicant acquired possession of the property prior to judgment being entered, but the applicant may apply to the Court to determine whether the public interest requires the property to be so retained.

36. Rule 27.07(2)(b) of the rules is repealed and the following substituted:

(b) forthwith file with the Court a certificate setting out

(i) the number and class of any share so retained with the certificate number and the name and address of any registered owner thereof,

(ii) the number, face value and description of any bond or debenture with the serial number thereof and the name and address of any registered owner thereof, and

(iii) a description of any other interest of the defendant in the body corporate so retained.

37. Rule 27.09(2) of the rules is repealed and the following substituted:

(2) Unless the Court otherwise orders, the sheriff shall forthwith on the sale of a property file a report thereon with the Court and pay the proceeds, less his or her fees and expenses, into Court to be held pending further order.

38. (1) Rule 27.13(1) of the rules is repealed and the following substituted:

Application for a final recovery order

27.13. (1) Where it is sought to enforce a final order for the recovery of possession of property, the Court may, on an ex parte application supported by affidavit, grant an order in Form 27.13A for the sheriff to deliver possession of the property as provided in the order.

(2) Rule 27.13(3) of the rules is repealed and the following substituted:

(3) When the sheriff is unable to take possession of any property referred to in the order, the sheriff shall forthwith file the order with the Court with the sheriff's report endorsed thereon or attached thereto, and the Court may grant such further order as is just.

39. Rule 29.05(1)(b) of the rules is repealed and the following substituted:

(b) where the application is ex parte, by filing the application and affidavit with the Court before the hearing.

40. Rules 29.08(1), (2) and (3) of the rules are repealed and the following substituted:

Filing of documents for use of the Court

29.08. (1) An applicant shall, as provided in rule 29.08(3), mail to or file with the Court the following documents for the use of the Court,

(a) a copy of the originating or interlocutory application and any supporting affidavit;

(b) a memorandum listing any authority and the applicable provisions of any statute, regulation or rule that are to be relied upon by the applicant on the application; and

(2) An opposing party shall, as provided in rule 29.08(3), mail to or file with the Court the following documents for the use of the Court,

(a) a copy of any affidavit or other material document to be used by him or her on the application; and

(b) a memorandum listing any authority and the applicable provisions of any statute, regulation or rule that are to be relied upon by the opposing party on the application.

(3) Unless the Court otherwise orders, the documents referred to in rules 29.08(1) and 29.08(2) shall be filed with the Court

(a) on a contested application, at least one clear day before the hearing; and

(b) on an ex parte application, not later than twelve o'clock noon of the day preceding the hearing.

41. Rule 29.15 of the rules is repealed and the following substituted:

Filing of documents

29.15. Any document used on a hearing of an application shall be filed with the Court before the order is issued.

42. Rule 30.12(1) of the rules is repealed and the following substituted:

Delivery of depositions

30.12. (1) The examiner shall deliver a copy of the depositions, signed and certified by the examiner, to any party who orders it and the copy shall, subject to the provisions of rule 30.13 and without proof of his or her signature, be received in evidence subject to all just exceptions, but the depositions shall not be filed with the Court without the consent of the parties or an order of the Court.

43. Rule 32.01(1) of the rules is repealed and the following substituted:

List of documents: exchange

32.01. (1) Unless the Court otherwise orders, a party to a proceeding shall, within ten days after the close of the pleadings between an opposing party and the party, or within seven days after the service of the originating document where there are no pleadings, file and serve on the opposing party a list in Form 32.01A of the documents of which the party has knowledge at that time relating to every matter in question in the proceeding and file the list with the Court without a copy of any document being attached thereto.

44. Rule 37A.01(f) of the rules is repealed and the following substituted:

(f) "mediators list" means a list of names of mediators that is maintained by the Court.

45. Rule 37A.08 of the rules is repealed and the following substituted:

Mediators fees

37A.08. (1) A mediator on the mediators list shall file with the Court the mediator's schedule of fees.

(2) A mediator under this rule,

(a) who is on the mediators list shall not charge fees for his or her services in excess of those filed with the Court, or

(b) who is not on the mediators list shall not charge fees and expenses in excess of a schedule of fees negotiated in advance with the parties and reduced to writing.

46. Rule 37A.09(2) of the rules is repealed.

47. Rules 40.04(1) and (2) of the rules are repealed and the following substituted:

Setting down for trial - General

40.04. (1) If a trial date has not been set under rule 40.03 and the proceeding is ready for trial, the parties may jointly initiate the procedures for setting the case down for trial by

(a) filing with the Court a trial record containing a copy of

(i) the pleadings, particulars and admissions, and

(ii) orders relating to the conduct of the trial; and

(b) filing a Certificate of Readiness in Form 40.04A signed by all parties or their counsel.

(2) The trial record shall be filed with the Court at the same time as the Certificate of Readiness.

48. Rule 40.06(3)(b) of the rules is repealed and the following substituted:

(b) 30 days has passed, or a longer time as all parties may agree in writing filed with the Court, since a settlement conference or mini-trial; and

49. Rule 40.07(b) of the rules is repealed and the following substituted:

(b) if a consent order is required as part of the settlement, the form of that order shall be filed with the Court for delivery to the judge who conducted the pre-trial conference, settlement conference or mini-trial, if any, or to a judge in any other case, and, if approved, rule 40.07(a) shall apply.

50. Rule 40.09(3) of the rules is repealed.

51. Rule 40.10 of the rules is repealed and the following substituted:

Brief for trial judge

40.10. Each party shall, on or before the fourth day preceding the trial, file with the Court and provide to each other party either

(a) confirmation that the party will rely on the pre-trial brief prepared under rule 39A.03(1) with no changes; or

(b) an amended brief containing a summary of the facts, issues and law relevant to the proceeding.

52. Rule 40.12 of the rules is repealed and the following substituted:

Notification of change in status

40.12. A party shall immediately provide the Court with information that may affect the estimated duration of a trial or changes in contemplated procedure or circumstances that may result in delay of the trial.

53. Rule 43.03(1) of the rules is repealed and the following substituted:

Report of referee

43.03. (1) The report of a referee, together with a copy of any evidence taken on the trial or inquiry and any exhibits used thereat, shall be filed with the Court and a copy of the report served on each party.

54. Rule 46.23(2) of the rules is repealed and the following is substituted:

(2) A subpoena shall be issued by the Registrar after a copy is filed with the Court.

55. Rule 46.24 of the rules is repealed and the following substituted:

Amendment of a subpoena

46.24. (1) Where a subpoena has been issued but not served, the Registrar may, upon request, withdraw the original subpoena and issue a new subpoena.

(2) Where a subpoena has been served, it may be amended by filing an amended subpoena, endorsed with the words "amended and reissued", with the Court for reissue and serving a copy thereof on each person who has been served with the original subpoena.

56. Rule 47.03(3) of the rules is repealed and the following substituted:

(3) Where a person, subpoenaed under rule 47.03(1) and tendered the proper fee, refuses or fails to attend the examination, or refuses to be sworn or answer any lawful question or produce any document thereat, the examiner shall file a certificate to that effect with the Court, whereupon any party may apply ex parte to the Court for an order requiring the person to attend or be sworn or answer any question or produce any document.

57. Rule 47.05(3) of the rules is repealed and the following substituted:

(3) Where an order or letter of request directs an examination to take place upon written interrogatories, the interrogatories in chief shall, unless it is otherwise ordered, be delivered to the opposite party at least ten days before the dispatch of the order or letter, and any cross-interrogatories shall be delivered to the opposite party within five days after the receipt of the interrogatories in chief, and in default of cross-interrogatories being delivered the opposite party may dispatch the order or letter of request without cross-interrogatories.

58. Rule 47.09(5) of the rules is repealed and the following substituted:

(5) The depositions, any interrogatories and cross-interrogatories, and any exhibits or certified copies thereof or extracts therefrom shall be sent to the Court.

59. Rule 48.03(2) of the rules is repealed and the following substituted:

(2) An exhibit referred to in an affidavit, that is not stated to be attached or otherwise annexed and that bears the certificate of the person before whom it is sworn or affirmed, shall be left with the Court and, unless otherwise ordered, shall be returned on the disposal of the application, provided that, when possible, a true copy of the exhibit shall be attached to the affidavit when it is filed and served.

60. Rule 48.15(1) of the rules is repealed and the following substituted:

Filing of affidavits

48.15. (1) Every affidavit shall be filed with the Court before an order is issued in a proceeding.

61. Rule 49.03(1) of the rules is repealed and the following substituted:

Drawing up of order

49.03. (1) Subject to rule 49.03(2), an order shall be drawn up by the successful party, settled as provided by rule 49.04(1), and filed with the Court provided that when an order is not filed within ten days after the decision or direction is given, any other party may draw up, settle and file the order.

62. (1) Rule 49.05(1)(a) of the rules is repealed.

(2) Rule 49.05(1)(b) of the rules is repealed.

(3) Rule 49.05(3) of the rules is repealed.

63. Rule 49.11 of the rules is repealed and the following substituted:

Satisfaction of judgment

49.11. The Registrar shall enter that an order has been satisfied when there is filed with the Court

(a) a satisfaction piece in Form 49.11A, signed by the judgment creditor, or the judgment creditor's solicitor of record, or by any other person entitled to the benefit thereof who attaches to the satisfaction piece an affidavit establishing that person's entitlement thereto; or

(b) an order of the Court releasing the order.

64. Rule 49.18(2) of the rules is repealed and the following substituted:

(2) The Court may direct any claimant, who did not attend on the adjudication under rule 49.18(1) and whose claim for any part thereof has been allowed or disallowed, to be served with a notice in Form 49.18A informing the claimant of that fact and stating that, if the claimant is dissatisfied with the amount allowed or the disallowance of the claimant's claim, the claimant must within ten days from the receipt of the notice apply for a rehearing of the claim, otherwise the adjudication shall be final.

65. Rule 49.19 of the rules is repealed and the following substituted:

Certificate of judgment of Supreme Court of Canada

49.19. When a judgment of the Supreme Court of Canada on appeal is certified by the Registrar thereof and filed with the Court, the Registrar shall enter the same and all subsequent proceedings may be taken thereon as if the judgment had been given or pronounced by the Court.

66. Rule 49.20(1) of the rules is repealed and the following substituted:

Judgments under the Canada and the United Kingdom Reciprocal Recognition and Enforcement of Judgments Act

49.20. (1) When a judgment of the United Kingdom is filed with the Court pursuant to the provisions of The Convention between Canada and United Kingdom providing for the Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters, the Registrar shall enter the same and all subsequent proceedings may be taken thereon as if the judgment had been given or pronounced by the Court.

67. Rule 50.04(1) of the rules is repealed and the following substituted:

Where leave to issue orders necessary

50.04. (1) A receivership order or contempt order to enforce an order shall not be issued without leave of the Court where

(a) 6 years or more have elapsed since the date of the order;

(b) a change has taken place, whether by death or otherwise, in the party entitled or liable under the order; or

(c) under the order, any person is entitled to relief subject to the fulfilment of any condition which it is alleged has been fulfilled.

68. Rule 52.02(5) of the rules is repealed and the following substituted:

(5) Unless the Court otherwise orders, a bond or other security that a receiver gives under rule 25.02 shall be approved by and filed with the Court before a receivership order is issued.

69. Rule 54.07 of the rules is repealed and the following substituted:

Endorsement on originating application

54.07. (1) There shall be endorsed upon an originating application for an order in the nature of certiorari a notice to the following effect, adapted as may be necessary and addressed to the judge, justice or justices, officer, clerk or tribunal:

"You are hereby required forthwith after service of this originating application on you to return to the Supreme Court of Newfoundland and Labrador at _______________, Newfoundland and Labrador, the order, decision or reasons for judgment, together with the process commencing the proceeding, the evidence and all exhibits filed, if any, and all things touching the proceeding as fully and entirely as they remain in your custody, together with this notice.

DATED at ____________, Newfoundland and Labrador, this __________ day of __________, 20_____.

TO: A.B.

C.D.,
of _______________ Street
_________________,
Newfoundland and Labrador,
Solicitor for the applicant."

(2) All things required by rule 54.07(1) to be returned to the Court shall, for the purpose of an application for an order in the nature of certiorari, be deemed to be part of the record.

70. (1) Rule 54.08(1) of the rules is repealed and the following substituted:

Return of lower court

54.08. (1) Upon receiving an originating application so endorsed, the judge, justice or justices, officer, clerk or tribunal, shall return forthwith to the Court the order, warrant, decision or reasons for judgment, together with the process commencing the proceeding, the evidence and all exhibits filed, if any, and all other things in the proceeding, together with the originating application served upon him or her, with a certificate endorsed thereon in the following form:

"Pursuant to the accompanying notice I herewith return to this Honourable Court the following papers and documents, that is to say,

(i) the order or decision (or as the case may be) and the reasons therefore,

(ii) the process commencing the proceeding and the warrant issued thereon,

(iii) the evidence taken at the hearing and all exhibits filed, and

(iv) all other papers or documents in the proceeding,

and I hereby certify to this Honourable Court that I have truly set forth all the papers and documents in my custody and power in the proceeding set forth in the originating application."

(2) Rule 54.08(3) of the rules is repealed and the following substituted:

(3) When the papers and documents have not been received by the Court as provided in rule 54.08(1), the Registrar shall return a certificate of the fact to the Court.

71. Rule 54.14(1) of the rules is repealed and the following substituted:

Disclaimer

54.14. (1) When a defendant does not intend to defend, the defendant may, to prevent the entry of judgment by default, file a disclaimer with the Court and deliver a copy to the relator or the relator's solicitor.

72. (1) Rule 55.18(2) of the rules is repealed and the following substituted:

(2) At any time while the agreement is before the taxing officer or within ten days after the taxing officer has given his or her decision on review, the taxing officer may, and on the request of the client shall, refer the agreement to the Court by transmitting all the material before the taxing officer to the Court.

(2) The rules are amended by adding immediately after rule 55.18(2) the following:

(2.1) Upon referral of the agreement to the Court pursuant to paragraph (2), the Registrar shall obtain an appointment for the review and notify the solicitor and the client of the appointed time.

73. (1) Rule 55.35(2) of the rules is repealed and the following substituted:

(2) An appellant shall appeal to a judge of the General Division by filing with the taxing officer and the Court a notice of appeal and serving it upon every other party.

(2) Rule 55.35(4)(a) of the rules is repealed and the following substituted:

(a) returnable within fifteen days from the date of filing with the Court, and

74. Rule 55.38(1) of the rules is repealed and the following substituted:

Amendment of execution order

55.38. (1) If an execution order has been issued for costs which are reduced or increased on appeal, the execution order shall be returned to the Court for amendment in accordance with the order made upon the appeal.

75. Rule 56.05(1) of the rules is repealed and the following substituted:

Form of application

56.05. (1) Every application for a grant shall be in Form 56.05A, and shall be signed by the applicant or the applicant's solicitor and shall be filed with the Court.

76. Rule 56.27 of the rules is repealed and the following substituted:

Order for passing accounts

56.27. When the Master has completed his or her report the Master shall file it with the Court forthwith and the accounting party or any party interested may after notice to all interested parties apply to the judge for an order allowing and passing the accounts in whole or in part.

77. Rule 56.28(3) of the rules is repealed and the following substituted:

(3) Any party interested in an estate or administration thereof as beneficiary or creditor or as surety under any bond may apply to a judge on ten clear days' notice to the executor, administrator, guardian or trustee, or on such notice and to such person as the judge may direct, for an order calling upon the executor, administrator, guardian or trustee to exhibit and deposit with the Court an inventory of the estate under administration and an account under oath or affirmation of the administration by the executor, administrator, guardian or trustee and to proceed to have it passed and allowed.

78. Rule 56.29(1) of the rules is repealed and the following substituted:

Filing of releases

56.29. (1) Executors or administrators may file with the Court releases executed in Form 56.29A

(a) by all adults interested in the estate; and

(b) by the guardian of the estate of a minor where letters of guardianship have been granted.

79. Rule 56.31 of the rules is repealed and the following substituted:

Endorsements on all grants

56.31. There shall be endorsed the following words upon all grants:

"By the oath or affirmation which you have taken you are bound to render a true account of your administration whenever required by law to do so. At such time, you are required to file with the Supreme Court a statement of account duly verified under your oath or affirmation showing how the estate has been dealt with."

80. Rule 56.32 of the rules is repealed and the following substituted:

Furnishing of copies by Court

56.32. (1) Any person may demand and on payment of the prescribed fees receive from the Court a copy of any paper, proceeding or document in administration, probate or guardianship matters, which copies may be certified by the Registrar under seal, if so required.

(2) The Registrar shall, on payment of the prescribed fees, furnish exemplifications of probates, letters of administration or guardianship.

81. Rule 56.36 of the rules is repealed and the following substituted:

Approval of the registrar

56.36. A person who wishes to file electronically a document, form or other thing required to be filed by this rule may do so by filing it with the Court in the registry approved for the purpose by the Registrar, using a computer system and a computer network, electronic forms and computer format approved for the purpose by the Chief Executive Officer in consultation with the Chief Justice.

82. Rule 56.37(1) of the rules is repealed and the following substituted:

Original of will etc.

56.37. (1) Notwithstanding a filing under rule 56.36 involving a will, the original will shall be filed with the court.

83. Rule 56A.01(h) of the rules is repealed.

84. Rule 56A.04(2) of the rules is amended by deleting the word "registrar" and substituting the word "Registrar".

85. (1) Rule 56A.06(5) of the rules is repealed and the following substituted:

(5) An entry of every proceeding shall be made by the Registrar in an appropriate record maintained manually or in electronic form.

(2) Rule 56A.06(5.4) of the rules is amended by deleting the word "registrar" and substituting the word "Registrar".

(3) Rule 56A.06(6) of the rules is amended by deleting the word "registrar" and substituting the word "Registrar".

86. Rule 56A.15(1) of the rules is amended by deleting the word "registrar" and substituting the word "Registrar".

87. (1) Rule 56A.21(1) of the rules is amended by deleting the word "registrar" and substituting the word "Registrar".

(2) Rule 56A.21(2) of the rules is amended by deleting the word "registrar" and substituting the word "Registrar".

(3) Rule 56A.21(5)(h) of the rules is repealed and the following substituted:

(h) order an accounting by a person approved by the Court;

88. Rule 56A.23(1) of the rules is amended by deleting the word "registrar" and substituting the word "Registrar".

89. Rule 56A.24(5) of the rules is amended by deleting the word "registrar" and substituting the word "Registrar".

90. Rule 56A.34 of the rules is repealed and the following substituted:

Rejection of application

56A.34. Unless ordered otherwise, the Court shall not accept any originating application or application for filing without a financial statement or property statement where these rules require the document to be filed with a financial statement or property statement.

91. (1) Rule 56A.45(2)(c) of the rules is amended by deleting the words "local registrar" and substituting the word "Registrar".

(2) Rule 56A.45(5) of the rules is amended by deleting the word "registrar" and substituting the word "Registrar".

92. Rule 56A.46(4) of the rules is amended by deleting the word "registrar" and substituting the word "Registrar".

93. (1) Rule 56A.47(2) of the rules is repealed and the following substituted:

(2) The Registrar shall issue a certificate of divorce, on request of either party, on or after the day on which the judgment granting the divorce takes effect, where

(a) the Registrar is satisfied that an appeal is not in process; or

(b) the spouses have signed and filed with the Court an undertaking that no appeal from the judgment will be taken, or if any appeal has been taken, that it has been abandoned.

(2) Rule 56A.47(3) of the rules is amended by deleting the word "registrar" and substituting the word "Registrar".

(3) Rule 56A.47(4) of the rules is amended by deleting the word "registrar" and substituting the word "Registrar".

94. Rule 56A.50 of the rules is repealed and the following substituted:

Registrar to forward forms

56A.50. The Registrar shall complete the forms required by the Central Registry of Divorce Proceedings Regulations under the Divorce Act (Canada) and forward them to the Central Registry of Divorce Proceedings at Ottawa as required by those regulations.

95. Rule 56A.55 of the rules is amended by deleting the word "registrar" and substituting the word "Registrar".

96. Rule 56A.58(2) of the rules is repealed and the following substituted:

(2) Where there is a claim for child support, the Court shall not accept a party's financial information unless

(a) copies of the party's income tax returns and notices of assessment are attached as the form requires, except where a copy is identified as already in the court file;

(b) a statement from the Canada Revenue Agency that the party has not filed any income tax returns is attached;

(c) the party's signed Canada Revenue Agency Consent in Form 56A.58A for disclosure of the party's income tax returns and notices of assessment, is attached; or;

(d) the party declares that he or she is not required to file an income tax return by reason of the Indian Act (Canada).

97. (1) Rule 56A.64(4) of the rules is amended by deleting the word "registrar" and substituting the word "Registrar".

(2) Rule 56A.64(5) of the rules is amended by deleting the word "registrar" and substituting the word "Registrar".

(3) Rule 56A.64(6) of the rules is amended by deleting the word "registrar" and substituting the word "Registrar".

(4) Rule 56A.64(7) of the rules is amended by deleting the word "registrar" and substituting the word "Registrar".

98. (1) Rule 56A.65(1) of the rules is amended by deleting the word "registrar" and substituting the word "Registrar".

(2) Rule 56A.65(3) of the rules is amended by deleting the word "registrar" and substituting the word "Registrar".

(3) Rule 56A.65(6) of the rules is amended by deleting the word "registrar" and substituting the word "Registrar".

(4) Rule 56A.65(7) of the rules is amended by deleting the word "registrar" and substituting the word "Registrar".

99. Rule 56A.67(3) of the rules is amended by deleting the word "registrar" and substituting the word "Registrar".

100. Rule 56A.68(2) of the rules is repealed and the following substituted:

(2) All reports directed by the judge under this rule and all depositions and written admissions of evidence upon which an order of the Court is founded shall be filed with the Court.

101. Rule 59 of the rules is repealed.

Transitional

102. Where an application was made to the Registrar under rule 27.01(2) prior to the coming into force of this regulation it will be treated as an application to the Court.

Forms Amdt.

103. The rules are amended by repealing and substituting the following forms:

(a) Form 4.04A;

(b) Form 5.03A;

(d) Form 5A.01B;

(e) Form 11.02A;

(f) Form 12.02A;

(g) Form 27.03A;

(h) Form 27.04A;

(i) Form 27.06A;

(j) Form 27.13A;

(k) Form 47.01A;

(l) Form 47.01B;

(m) Form 47.01C;

(n) Form 47.01D;

(o) Form 49.18A;

(p) Form 52.02B;

(q) Form 56.04A;

(r) Form 56.33E;

(s) Form 56.33F;

(t) Form 56.33G;

(u) Form 56.33H;

(v) Form 56.33I;

(w) Form 56A.06A;

(x) Form 56A.06B;

(y) Form 56A.12A;

(z) Form 56A.16A;

(aa) Form 56A.24A;

(bb) Form 56A.24B;

(cc) Form 56A.46A;

(dd) Form 56A.81A; and

(ee) Form 56A.83A.

Forms attached