Statutes of Newfoundland 1996

Short title

Interpretation

(2) For the purpose of this Act,

(3) A reference in this Act to a specific provision or Part of this Act includes a reference to a regulation made under this Act respecting a matter that is the subject of that provision or Part.

Application

(2) Notwithstanding subsection (1), where another Act provides for the enforcement of a money judgment made under that Act, this Act shall not apply, except to the extent that the other Act provides that

(3) Notwithstanding subsection (1), where a judgment or order is a support order within the meaning of the Support Orders Enforcement Act, the director appointed under that Act may register that support order in accordance with section 38 and that registered support order shall be considered to be a notice of judgment to which this Act shall apply, provided that a distributable fund relating to that notice of judgment shall, notwithstanding another provision of this Act, be payable to the director appointed under the Support Orders Enforcement Act.

(4) Where an Act of the province does not provide for the enforcement of a money judgment, this Act shall apply.

(5) The following applies to enforcement proceedings:

Crown is bound

(2) Notwithstanding subsection (1), this Act shall not prevent the Crown from collecting a debt through proceedings otherwise available to the Crown under another Act.

Administration of enforcement system

(2) The sheriff may designate an employee of his or her office or another employee of the government of the province to assist in the supervision of the judgment enforcement system under this Act and to co-ordinate enforcement proceedings conducted under this Act.

Assistance and advice

Offence

(2) A person who acts contrary to subsection (1) is guilty of an offence.

Execution of documents, etc.

Payment of fees and expenses

(2) The sheriff may terminate enforcement proceedings where the instructing creditor has not paid the required fees and reasonably anticipated expenses of continuing the enforcement proceedings, or made arrangements for payment that are satisfactory to the sheriff, within 15 days of a request for payment from the sheriff.

(3) A person who has instructed the sheriff to conduct enforcement proceedings under this Act and the solicitor for that person are liable to pay the sheriff's fees and expenses permitted by law.

Discontinuance of proceedings

(2) Before a sale of land under Part VII is discontinued,

(3) If within 15 days from the day of being served with a notice under this section, a creditor instructs the sheriff, in writing, to continue the proceedings,

Application to court

(2) On considering an application under this Act, the court or, the Court of Appeal, where an application is made to that court, may

Service

(2) Except as otherwise provided in this or another Act, service of a notice, order, approval or other document shall be carried out by the sheriff.

(3) Where service upon a debtor is required under Part VII, and the debtor cannot be served personally or by registered mail, the sheriff may post a notice on the land of the debtor in addition to attempting service by the other required means and that notice shall indicate the information required to be served.

(4) Where a notice, order, approval or other document is required to be served under this Act within a fixed time period or otherwise, failure to make that service within the required time shall not invalidate enforcement proceedings under this Act provided that the debtor, creditor or another person has not been demonstrably prejudiced by that failure.

(5) Where service of a document is carried out by the sheriff under this Act, that document may be a facsimile copy of the original document.

Registry

(2) The sheriff shall maintain a computer storage and retrieval system consisting of hardware, software, electronic and other equipment and facilities necessary for the registration of notices and other information under this or another Act.

(3) Registration of the notices and other information in the registry, in relation to the offshore area, shall be effected in accordance with the provisions of this Act.

(4) In this section "offshore area" means offshore area as defined in the Hibernia Development Project Act (Canada).

(5) The registration of a notice and other information in the registry shall not be considered to be constructive notice to another person of the existence of that notice or information.

Searches of the registry

(2) A search under subsection (1) may be conducted for a

(3) A printed search result that purports to be issued by the sheriff is receivable as evidence and is, in the absence of evidence to the contrary, proof of the registration of a notice of judgment, notice of attachment or other notice to which the search relates.

Recovery for loss

(2) The sheriff is not liable for loss or damage suffered by a person because of

Cause of action

(2) Notwithstanding subsection (1) and the Proceedings Against the Crown Act, an action shall not be brought against the Crown, the sheriff, an employee or agent for an error or omission in respect of the discharge or purported discharge of a duty or function under this Act except as provided under section 15.

Payment of claim for loss

(2) If damages are paid to a claimant under this section, the Crown is subrogated to the rights of the claimant against a person indebted to the claimant whose debt to the claimant was the basis of the loss or damage in respect of which the claim was paid.

(3) If the amount of the damages paid to a claimant is less than the value the claimant would have had if the error or omission had not occurred, the right of subrogation under subsection (2) does not prejudice the right of the claimant to recover in priority to the Crown an amount equal to the difference between the amount paid to the claimant and the value the claimant would have had if the error or omission had not occurred.

(4) The minister responsible for the administration of the Consolidated Revenue Fund may, without action being brought, pay out of the fund the amount of a claim against the sheriff when authorized to do so by the minister on the report of the sheriff setting out the facts and his or her opinion that the claim is just and reasonable.

(5) When an award of damages has been made in favour of a claimant and the time for appeal has expired, or when an appeal is disposed of in whole or in part in favour of the claimant, the minister responsible for the administration of the Consolidated Revenue Fund shall pay out of the fund the amount specified in the judgment including the costs of the claimant if the judgment so provides.

Administrative records

(2) The records referred to in subsection (1) shall include records of

(3) Notwithstanding section 19, where information is recorded under paragraph (2)(g) relating to a support order under the Support Orders Enforcement Act, that information shall not be released except to indicate to a creditor that there is an outstanding support order under that Act.

Public access to records

(2) Notwithstanding subsection (1),

Statement of status

of that money judgment as required by the sheriff.

(2) A statement of status shall be made under oath or affirmation.

Notice of change

within 15 days of the reduction or court order.

(2) Where a creditor does not deliver written notice as provided in subsection (1), the creditor shall be liable for pecuniary loss suffered by the debtor as a result of that noncompliance.

Enforcement debt

minus

Enforcement documents

(2) Enforcement documents shall be in the required form.

Employee protection

(2) A debtor who believes that he or she has been dismissed, suspended, laid off, penalized, disciplined or discriminated against contrary to subsection (1) or (4) may apply to the court and the court may, if it finds reasonable grounds for that belief, make an order in favour of the debtor that it considers just, including an order for reinstatement and an award of damages.

(3) An employer who does not appear to defend an application made under subsection (2) shall be considered to have dismissed, suspended, laid off, penalized, disciplined or discriminated against the debtor who made the application.

(4) An employer who has suspended, laid off, penalized, disciplined, or has discriminated against a debtor who is an employee, while a garnishee order with respect to employment earnings is in effect, or within 6 months after it has ceased to have effect, is guilty of an offence unless a just cause is shown for that action.

(5) A claimant or a creditor who, except as permitted by this Act,

is guilty of an offence.

(6) For the purpose of subsection (5), the terms "claim", "claimant" and "defendant" have the same meaning as in Part II.

Definitions

Process for enforcement

Attachment order

(2) On hearing an application made under subsection (1) the court may make an attachment order if it is satisfied that

Scope of attachment order

(2) Notwithstanding subsection 27(2), the court shall not grant an attachment order unless the claimant undertakes to

and where the court grants an attachment order, the court may require the claimant

(3) A bond required by the court under paragraph (2)(d) shall be

and the court may require that bonding be provided by a corporation registered under the Insurance Adjusters, Agents and Brokers Act.

(4) Where an attachment order is granted, it shall be granted in a manner to cause as little inconvenience to the defendant as is consistent with achieving the purpose for which the order is granted.

(5) An attachment order shall not attach property that exceeds an amount or a value that appears to the court to be necessary to meet the claimant's claim, including interest and costs, and related notices of judgment, unless the court is of the view that a limitation of the amount or value would make the operation of the order unworkable or ineffective.

(6) For the purpose of subsection (1),

(7) An interested person may apply to the court to vary or terminate an attachment order.

Attachment order without notice

(2) An attachment order made without notice to another person and granted shall specify a date, not more than 30 days from the day that the order is granted, on which the order shall expire unless the order is extended on an application on notice to the defendant.

(3) If the court is satisfied that it would be inappropriate for an attachment order granted without notice to another person to expire automatically after 30 days, the order may specify a later expiry date or specify that it remains in effect until it terminates in accordance with section 30.

(4) The court, on application by the claimant, who shall give notice to the defendant, may direct that an attachment order that was granted without notice to another person remain in effect until the order terminates under section 30 or as otherwise directed by the court.

(5) If an application under subsection (4) cannot reasonably be heard and determined before the expiry date of the relevant attachment order, the court may, on application without notice to another person, extend the period of time during which the order remains in force pending the determination of the application.

(6) When an application on notice to the defendant is made under subsection (4),

Termination of attachment order

whichever occurs first.

(2) The court may extend the operation of an attachment order beyond the times set out in subsection (1) if it appears just and equitable to do so.

Provision of alternative security

may have the property released from attachment by providing sufficient alternative security in a form and amount determined,

Sale, etc. of attached property

(2) Where the court authorizes the sale or disposition of property under subsection (1), the sheriff shall sell or dispose of that property in a manner consistent with enforcement proceedings under this Act.

Registration of attachment order and disclosure

(2) A notice of attachment may be renewed by registration before the expiration of the current one year registration period and that renewed notice of attachment shall be effective for one year after the time when the original notice of attachment would have otherwise expired.

(3) Sections 41 to 43 and 45 shall apply to a registration of a notice of attachment with the necessary changes, as if the notice of attachment were a notice of judgment.

(4) The court may, at any time after the granting of an attachment order and before the entry of final judgment, order a person to disclose information the person possesses regarding property that a plaintiff seeks to attach under the order.

Priorities

(2) Notwithstanding subsection (1), a third person who in a transaction that is permitted under an attachment order acquires an interest in property to which the attachment order applies acquires that interest free of the attachment order.

(3) Where, before a notice of attachment ceases to be in force, a notice of judgment has been registered in respect of the same proceedings in which the attachment order was issued, that notice of judgment has the same priority as the notice of attachment.

Enforcement proceedings, etc.

(2) Notwithstanding subsection (1), the court may, where the court considers that it would be just and equitable to do so, order

Inconsistent actions

(2) The court shall not make an order under subsection (1) against a person only because the person has done something that was necessary to meet a legal duty that

(3) This section shall not be construed so that it restricts the power of the court to punish for contempt.

Definitions

Registration required

(2) The sheriff shall accept as proof of a money judgment a money judgment certified by an officer of the court from which that judgment originated, or a certified true copy of that judgment, and when registered, the information taken from that judgment is the notice of judgment.

(3) Where a court has awarded a money judgment that includes interest calculated in accordance with the Judgment Interest Act the information contained in that money judgment shall not be registered in a notice of judgment under this section until the ordered interest amount has been calculated and stated on that money judgment and is approved by the court or, where the interest amount is agreed upon between the creditor and the debtor, by an officer of the court.

(4) Except as otherwise provided in this Act a creditor who does not have a notice of judgment shall not

(5) A reference to a notice of judgment shall be considered to be a reference to the data entered in the registry to effect a registration of a notice of judgment under this Act.

Effective notice of judgment and enforcement by contempt

(2) A money judgment may be enforced by a contempt order in accordance with Rule 53 of the Rules of the Supreme Court, 1986.

Money judgment not in force

(2) A money judgment shall not be in force more than 10 years from the date of the judgment and a money judgment based on a money judgment shall not be in force more than 10 years from the date of the original judgment.

(3) An action or proceeding on a money judgment shall not be brought where the money judgment is not in force as provided in subsection (2).

(4) For the purpose of determining whether a money judgment is in force, a person searching the registry shall rely on the date of judgment stated in the notice of judgment.

Registration

(2) The effectiveness of the registration of a notice of judgment is not affected by a defect, irregularity, omission or error in the notice of judgment unless the defect, irregularity, omission or error is seriously misleading.

(3) A registration of a notice of judgment is ineffective if there is a seriously misleading defect, irregularity, omission or error in the name of the debtor.

(4) In order to establish that a defect, irregularity, omission or error is seriously misleading, it is not necessary to prove that anyone was actually misled by it.

(5) A statement verifying the registration of a notice of judgment shall be served on the debtor and the creditor within 30 days after it is registered.

Amendment, transfer and data removal

(2) If a creditor transfers a money judgment, the notice of judgment may be amended to disclose that transfer.

(3) If the rights of a creditor have been subordinated by the creditor to the interest of another person the notice of judgment may be amended to disclose the subordination.

(4) Data in a registration of a notice of judgment may be removed from the records of the registry in accordance with the regulations.

Registration not constructive notice

Error or omission

Discharge and amendment

(2) Where a creditor fails to comply with subsection (1) within 30 days of the event requiring discharge or amendment of the notice of judgment, the debtor or another person with an interest in the property of the debtor may give a written demand to the creditor to discharge or amend the notice of judgment.

(3) If a creditor fails to comply with a demand under subsection (2) within 15 days after it is given, or fails to give to the person giving the demand an order of the court confirming that the notice of judgment need not be discharged or amended, the person giving the demand may register the discharge or amendment.

(4) The creditor or debtor, or another person with an interest in the property, may apply to the court and the court may order that a notice of judgment in the registry be maintained on a condition and for a period of time or may order that the notice of judgment be discharged.

(5) A fee or expense shall not be charged by a creditor for compliance with a demand under subsection (2).

Property bound

(2) On being registered in the registry, a notice of judgment binds all of the debtor's property.

(3) Subsection (2) applies to after-acquired property of the debtor from the time that the debtor acquires that property.

Knowledge of notice of judgment

Subordinate interests

(2) An interest in property that is subordinate to a notice of judgment is also subordinate to the rights or interest of a representative of creditors, including a trustee in bankruptcy, for the purpose of enforcing rights of the creditor who registered the notice of judgment.

(3) Where an interest in property is subordinate to a notice of judgment,

(4) An interest in property that is subordinate to a notice of judgment is subordinate to the extent of the amount outstanding on the enforcement debt at the time the enforcement proceedings are taken against the property.

Subsequent interests

Prior security interests in personal property

at the time the notice of judgment was registered on the registry.

(2) For the purpose of subsection (1), the personal property of a debtor is bound by a notice of judgment notwithstanding that the security interest was created, attached or registered before the notice of judgment was registered.

(3) Subsection (1) applies to future advances and after-acquired property.

(4) Subsection (1) does not apply to a security interest in a fixture or a growing crop that is created under a security interest in land on which the fixture or crop is located.

(5) In this section, "security interest" means an interest in personal property which may be registered under the Assignment of Book Debts Act, the Bills of Sale Act, the Conditional Sales Act or the Registration of Deeds Act.

Purchase money security interests

(2) Subsection (1) shall not apply to a security interest if another Act provides for the registration of the security interest and

Disposition of goods

(2) A buyer or lessee of goods, other than fixtures, that are acquired as consumer goods takes free of a notice of judgment that binds the goods if the buyer or lessee

the purchase price of the interest or goods does not exceed $1000 or, in the case of a lease, the market value of the lease does not exceed $1000.

(3) A sale or lease under this section may be for money, by exchange for other property, or on credit, and includes delivering goods or a document of title to goods under a pre-existing contract for sale but does not include a transfer as security for, or in total or partial satisfaction of, a money debt or past liability.

Fixtures and growing crops

(2) A notice of judgment that binds goods after they become a fixture is subordinate to the interest of a person who has an interest in the land at the time the fixture is bound and who

(3) Where goods become a fixture on land bound by a notice of judgment, for the purpose of determining the priority of a security interest in the fixture the notice of judgment shall be considered to be a security interest in the land created and registered in accordance with the requirements of the Registration of Deeds Act at the time the land was bound by the notice of judgment.

(4) Where crops are located on land bound by a notice of judgment, for the purpose of determining the priority of a security interest in the crops the notice of judgment shall be considered to be a security interest in the land created and registered in accordance with the requirements of the Registration of Deeds Act at the time the land was bound by the notice of judgment.

(5) Where

a notice of that fact in a required manner and form may be registered in the registry of deeds.

(6) Where a person acquires an interest in a fixture or a growing crop that is bound by a notice of judgment by acquiring an interest in the land on which the fixture or crop is located, that person's interest is not subordinate to the notice of judgment unless

Negotiable instruments

(2) A creditor without a notice of judgment who receives an instrument drawn or made by a debtor and delivered in payment of a debt owing to that creditor by that debtor has priority over a notice of judgment that binds the instrument whether or not the creditor has knowledge of the notice of judgment at the time of delivery.

(3) A purchaser of an instrument or security certificate has priority over a notice of judgment that binds the instrument or security certificate if that purchaser

(4) A clearing agency that takes possession of a security certificate without knowledge of a notice of judgment that binds the security certificate has priority over the notice of judgment.

(5) A holder of a negotiable document of title has priority over a notice of judgment that binds the document of title if that holder

(6) A purchaser of chattel paper has priority over a notice of judgment that binds the chattel paper if that purchaser

Market security

Other rights

Priority of liens

Effect of seizure

Interests in land

the interest is subordinate to the notice of judgment unless the person proves that

(2) Subsection (1) applies only to interests in land created after the commencement of this Act.

(3) A purchase money security interest in land bound by a notice of judgment has priority over the notice of judgment if evidence of that interest was registered in accordance with paragraph (1)(d).

Ten day delay

a notice of judgment that binds the land if an instrument evidencing that interest is registered in the registry of deeds within 10 days of the registration of the notice of judgment in the registry.

Interaction between notices of judgment

(2) This section shall not be construed so that it creates a priority between notices of judgment.

Interest subject to sale

(2) Notwithstanding subsection (1), a buyer at a sale conducted as a result of enforcement proceedings acquires the interest or rights that the debtor could have conveyed, respecting the property that is sold, to a purchaser in circumstances similar to those at the time of that sale.

Interest in an obligation

(2) Notwithstanding subsection (1), unless

a person may apply to the court for an order with respect to the money distributed.

Voluntary questionnaires

(2) A debtor or other person shall return the completed questionnaire with 15 days of service of it on the debtor or other person.

Sheriff questionnaire

(2) A questionnaire under this Part shall be in the required form.

Examination

(2) A creditor shall, in the required form, serve upon the debtor a notification of the place and time of an examination.

(3) A debtor or another person who has been served with a notification of an examination under subsection (2) shall attend that examination at the required place and time and failure to do so is an offence under this Act.

(4) Notwithstanding subsection (3), the debtor or other person may, in accordance with the regulations and by agreement with the creditor, arrange for a change of place and time for an examination.

Sheriff to be given notice

(2) A creditor who conducts an examination under this Part and obtains a transcript of the examination shall deliver the transcript to the sheriff.

(3) Where a debtor or other person is examined under this Part, the creditor shall elicit information sufficient to complete a questionnaire appropriate for the circumstances.

(4) The person before whom an examination referred to in subsection (3) was conducted shall

(5) The sheriff shall keep records of the receipt of questionnaires, notices of appointments or orders for examination or transcripts that are required under this Part.

Identification of debtor

Disclosure

When seizure available

(2) Exigible personal property of a debtor that is to be seized under enforcement proceedings shall be seized and dealt with in accordance with this Part.

(3) Notwithstanding subsections (1) and (2), an obligation is not subject to seizure and shall not be dealt with except in accordance with Part VI.

(4) Notwithstanding subsection (2), where this or another Act sets out a different seizure process in respect of property or a class of property, that property is seized when it is seized under that seizure process.

(5) In this Part, unless the context indicates otherwise, a reference to a seizure means a seizure of personal property.

Instructions to seize

Instruction requirements

(2) The sheriff may terminate enforcement proceedings where the instructing creditor has not provided the information required under subsection (1) within 15 days of a request from the sheriff for that information.

Scope of seizure

minus the sum of

(2) The sheriff may seize personal property in which there are reasonable grounds for believing the debtor has an exigible interest, but shall not seize property that appears to be exempt.

(3) Where, at the time seizure is effected, it is not practicable to

the sheriff may seize all the property in question until

can be identified and separated from the exigible property at which time the sheriff shall release the exempt or excess property from seizure.

Demand on third party

(2) A third party on whom a demand is served under this section shall immediately

(3) Where a third party complies with a demand made under this section, the sheriff shall compensate the third party for expenses reasonably incurred by the third party in complying with that demand.

(4) A third party who, without reasonable excuse fails to comply with a demand made under this section, shall compensate the creditors for a pecuniary loss suffered by them as a result of the non-compliance.

(5) Where the sheriff takes possession of property from a third party in respect of whom a demand was made under this section, the third party is discharged of responsibility that the third party may have had to hold the property for, or return it to, the debtor.

(6) This section does not apply where a security, as defined in section 89, is held on behalf of a debtor by a clearing agency or an intermediary, as defined in that section.

(7) A demand served on a person under this section shall be accompanied by a notice of claim, a notice of third party interest and instructions in the required form.

Effecting seizure

(2) Where the sheriff has seized personal property other than in accordance with subparagraph (1)(a)(i), the sheriff shall serve the enforcement documents on the debtor as soon after seizing that property as is practicable.

(3) If the sheriff is unable to serve the enforcement documents as required by subsection (2), the instructing creditor may proceed in the same manner as if the debtor had been served with the enforcement documents and did not deliver a notice of objection to the sheriff as required by subsection 159(1).

(4) A person is guilty of an offence if that person without lawful authority removes, damages or otherwise interferes with

Entry onto premises

Seizure valid notwithstanding irregularity

(2) Notwithstanding subsection (1), the court may order that a seizure be discontinued where it is satisfied that a person has been or is likely to be prejudiced by an irregularity in the procedure by which the seizure was carried out.

Custody of seized property

(2) The sheriff may appoint the debtor or some other person as bailee of the personal property that has been seized if the debtor or other person signs an undertaking

(3) A debtor who has possession of or control over personal property that has been seized and has been served with the enforcement documents in respect of that property

(4) Where a person

that person

Report

(2) Where personal property has been seized, the sheriff's report shall include details of that seized property and a reasonable estimate of the value that would be realized from that seized property and available for distribution under Part XI.

(3) The sheriff shall maintain a record of the information to be included in a report under subsection (2).

Termination of seizure and notice of claim

(2) If personal property has been seized for not fewer than 60 days and in the opinion of the sheriff it is appropriate that the property be released from seizure, the sheriff shall give a notice of that proposed release to every creditor who, at the time that that notice is given, has a related notice of judgment, of his or her intention to release that property from seizure.

(3) A creditor served with a notice under subsection (2) may apply to the court within 15 days of receiving that notice for a continuance of the seizure on the terms and conditions that the court may impose.

(4) Property shall not be released from seizure or returned to the debtor under subsection (2) until

Sale of property, etc.

Application of Part

(2) For the purpose of applying the provisions of Part V a reference in this Part to the liquidation of property shall be considered to be a reference to a sale.

Cash and instruments

Obligations

(2) For the purpose of seizing and dealing with an obligation, other than a secured obligation, a market security or an obligation evidenced by an instrument,

(3) Notwithstanding subsections (1) and (2), an obligation shall not be seized if a garnishee order is in effect with respect to the obligation or if a judgment has been obtained against the garnishee under section 125.

(4) Where an obligation is seized under this Part, and the person liable to pay the obligation is notified of that seizure by the sheriff, a notice of third party interest in the required form shall accompany that notice.

Products of nature

Fixtures

(2) Where the appropriate payment is made to the sheriff under paragraph (1)(f), the fixture ceases to be bound by a notice of judgment against the debtor.

Mobile homes

(2) For the purpose of this section, a mobile home means a vacation trailer, house trailer or portable dwelling unit manufactured wholly or partially for use as living accommodations for one or more persons and capable of being attached to, towed, propelled or transported by a motor vehicle or transported by any means on its chassis or on the chassis of a vehicle, but does not include a unit to which Part VII applies.

Partners interest

(2) Notwithstanding subsection (1), the court may make an order under Part IX including the appointment of a receiver, with respect to the interest of the debtor in the partnership and upon the appointment of a receiver, the debtor shall be considered to have charged his or her interest in the partnership in favour of the receiver.

(3) A notice of judgment registered in the name of a debtor who is a partner shall not bind the joint interest of the partner in partnership property with respect to the dealing by the partnership with that property.

(4) Notwithstanding subsection (3), a notice of judgment binds the debtor's interest in the partnership.

(5) For the purpose of this section, partnership does not include a person carrying on business in a name or style other than that person's legal or proper name.

Definitions

(2) For the purpose of this Part and the regulations, "transfer agent" means a person or group of persons appointed by an issuer as its agent for the purpose of

Effecting seizure

(2) Notwithstanding subsection (1), a seizure may be effected in accordance with paragraph (1)(b) or (c) only if the notice of the seizure is served in the province on the issuer or intermediary.

Duties of issuer

(2) An issuer who has been served with a notice of the seizure regarding a security of which the debtor is the registered holder shall

(3) Except as it applies to the debtor, nothing in subsection (2) shall be construed so that it adversely affects a right of a holder of a security certificate under a law in force in the province or the laws under which the issuer of the security certificate is incorporated or constituted.

Duties of intermediary

(2) Notwithstanding subsection (1), seizure of a security held by an intermediary does not prejudice a right that the intermediary would otherwise have to enforce a security interest or lien for the amount owed by the debtor to the intermediary at the time of seizure.

(3) If a notice of the seizure is served on an intermediary after the intermediary has agreed on behalf of the debtor to sell a security to which the notice of seizure applies, the intermediary may complete the sale and deal with the proceeds in accordance with paragraph (1)(f).

Liability of issuer or intermediary

Liquidation of security

(2) Except as provided in section 98, a restriction on the transfer of a security, other than a constraint under section 280 of the Corporations Act, does not apply to the transfer of a security by the sheriff under this Act.

Liquidation procedure re non-market shares

(2) Where an issuer has been served with a notice of the seizure in respect of certain shares, the issuer shall inform a person of that service where he or she requests information from the issuer regarding the debtor's ownership of or ability to transfer those shares.

(3) On being instructed to sell seized shares, the sheriff shall serve a notice of the method of sale in the required form on

(4) The notice of the method of sale under subsection (3) shall set out the procedure the sheriff intends to follow in selling the shares.

(5) After complying with subsection (3), the sheriff shall not take further steps to sell the shares until 15 days have elapsed from the day that the notice was served under that subsection.

(6) The sheriff shall in selling shares use a method of sale that

(7) The sheriff is not required to comply with subsection (6) to the extent that the method of sale referred to in that subsection would prevent the shares from being sold at all or prevent them from being sold within a reasonable time or for a reasonable price.

(8) A person who would otherwise be entitled to acquire or redeem the shares for a predetermined price or at a price fixed by reference to a predetermined formula is entitled to buy or redeem the shares from the sheriff for that price unless the court determines that a sale at that price would unfairly prejudice the debtor or the creditor.

(9) Before the shares are sold by the sheriff, a person referred to in subsection (3) may pay to the sheriff an amount sufficient to discharge all related notices of judgment and outstanding sheriff's fees or charges and the taxable fees and disbursements of the instructing creditor, and on paying that amount to the sheriff that person has a lien on the shares for the amount paid to the sheriff, plus interest.

(10) Interest under subsection (9) shall be calculated in the same manner as for interest under the Judgment Interest Act.

(11) The sheriff or an interested person may apply to the court for an order that it considers appropriate regarding the method of liquidating seized shares and, notwithstanding subsection (6), including an order

(12) Where the sheriff has sent a notice of an intended sale to the persons mentioned in subsection (3) and an application is not made under subsection (11) before the shares are sold, the method of sale set out in the notice of intended sale shall be considered to have met the requirements of subsection (6).

Execution of transfer documents

Missing security certificate

Effect of transfer

(2) In addition to an agreement to which the transferee is considered by section 245 of the Corporations Act to be a party, the transferee shall be considered to be a party to a shareholders' agreement regarding

to which the debtor was a party at the time of the seizure and of which the transferee had knowledge at the time of the transfer if the shareholders' agreement contains provisions intended to have the effect of precluding the debtor from transferring the security, except to a person who agrees to be a party to that shareholders' agreement.

(3) Notwithstanding subsection (2) and section 245 of the Corporations Act, the court may declare that the transferee is not bound by a term or provision of an agreement, by-law or article that discriminates against the transferee by reason of the transferee acquiring the securities through enforcement proceedings.

Foreign issuers

the court may, upon the application of an interested person, make an order it considers necessary to prevent the issuer or person from being prejudiced.

Application of Part

Instructions

(2) The instruction to sell the debtor's land under subsection (1) shall be in writing and be accompanied by

(3) The sheriff may terminate enforcement proceedings where the instructing creditor has not provided the information required under subsection (2) within 15 days of a request from the sheriff for that information.

Method of sale

Service of documents and entry on land

(2) After the enforcement documents have been served under subsection (1), the sheriff may enter upon or gain access to the land for the purpose of conducting an inspection that is reasonably required to effect a sale of the land.

Unharvested products

Waiting period

(2) The sheriff shall not, unless otherwise permitted by the court, conduct a sale of the land or enter into an agreement for the sale of the land until 90 days have elapsed from the day that section 103 has been complied with.

(3) A court may extend the waiting periods provided in subsections (1) and (2).

Sale of land

(2) The notice of the proposed terms and method of sale shall set out the proposed minimum price for and terms of sale of the land and shall state that a person who objects to the proposed terms, method of sale or minimum price shall notify the sheriff, in writing, of the objection within 30 days from the day of being served with a notice of the proposed terms and method of sale.

(3) Before serving a notice of the proposed terms and method of sale of land under subsection (1), the sheriff shall obtain a written appraisal of the land by a qualified appraiser, and where there is no qualified appraiser in the area of the land, the sheriff shall obtain a statement of the fair market value of the land from a licensed real estate agent familiar with land values in the area in which the land is located.

(4) Land shall not be sold by the sheriff for less than 75% of the appraised value of the land unless the sheriff or the instructing creditor first obtains approval from the court upon an application after notice has been served upon the debtor, creditors with a related notice of judgment and other interested persons.

(5) If a person served under subsection (1) serves a written notice of an objection on the sheriff within the time referred to in subsection (2), the sheriff shall not sell the land and shall make an application to the court for an order directing the method and terms of sale of the land after serving notice upon the debtor, instructing creditor, creditors with a related notice of judgment and other interested persons.

(6) Notwithstanding subsection (5), where, in the opinion of the sheriff, the objection is frivolous or merely intended to delay or prolong enforcement proceedings, the sheriff may disregard the notice of an objection, shall serve his or her decision upon the person making the objection and that notice is not effective.

(7) Where the sheriff disregards a notice of an objection under subsection (6), the person who made that objection may apply to the court within 15 days of the service of the decision for a determination of the issue.

(8) Where a notice of an objection is not served within the time referred to in subsection (2), the objection is not effective, and where an application is not made within the time referred to in subsection (7), the sheriff may complete the sale of the land in accordance with the proposed terms and method of sale and for a price that equals or exceeds the proposed minimum price.

Severance of joint tenancy, etc.

(2) If a notice of judgment is registered against land in which a debtor holds an interest in joint tenancy and the debtor dies, the notice of judgment shall continue to bind the land in an amount equal to the lesser of

(3) For the purpose of subsection (2), value shall have the same meaning as in Part X.

Transfer of land

(2) Notwithstanding subsection (1), where an interest in land is sold under a court order made under subsection 106(5), the sheriff shall not transfer the interest until satisfied

Small claims judgments

(2) Where land against which a Small Claims Act creditor has a notice of judgment is sold upon the instruction of a creditor with a related notice of judgment, the distributable fund created by that sale of land shall be distributable to the creditor with the Small Claims Act judgment in accordance with Part XI.

Definitions

(2) For the purpose of paragraph (1)(c),

General principles re garnishment

Initiating garnishment proceedings

(2) The sheriff shall issue a garnishee order only when a creditor has provided

(3) The sheriff may terminate enforcement proceedings where the instructing creditor has not provided the information required under subsection (2) within 15 days of a request from the sheriff for that information.

(4) Instructions to issue a garnishee order delivered to the sheriff shall be accompanied by an affidavit in the required form

Contents of garnishee order

When garnishee order is in effect

(2) Notwithstanding subsection (1), where a garnishee order is issued in respect of a deposit account, the garnishee order expires 60 days from the day on which it was issued.

(3) A garnishee order remains in effect until the earliest of the following occurs

(4) A garnishee order may be amended in accordance with the regulations to change the garnishee order amount.

(5) Notwithstanding subsections (1) and (2), a garnishee order may be renewed or replaced in accordance with the regulations.

Discretionary exemption

the court upon the application of an interested person may exempt from attachment as much of the obligation as is required by the debtor to keep or maintain the property or to perform the agreement.

Garnishee's duties

(2) For the purpose of subparagraph (1)(a)(ii), the garnishee order amount shall be the garnishee order amount stated in the garnishee order or the most recent amendment less payments made by the garnishee to the sheriff since the service of the garnishee order or an amendment to that order.

(3) A garnishee shall be entitled to an amount prescribed by regulation as compensation for carrying out the garnishee's duties.

Payment as discharge

Garnishee dispute

(2) The sheriff shall deliver a copy of a dispute received under subsection (1) to the debtor and all creditors with related notices of judgment.

(3) Notification in accordance with subsection (1) does not affect the operation of the garnishee order.

Money not to be distributed

Money in court

(2) Where a cause of action has been attached, the garnishee may, upon filing the garnishee order and relevant adjustments with the clerk of the court, pay money into court under the Judicature Act and the Rules of the Supreme Court, 1986.

(3) Where otherwise payable to the debtor, money paid into court under subsection (2) shall be paid out to the sheriff in accordance with the procedures under the Judicature Act and the Rules of the Supreme Court, 1986.

Employment earnings

(2) For the purpose of garnishing a debtor's employment earnings from the debtor's employer

(3) Paragraphs 114(3)(b) and 116(1)(a) do not apply to a garnishee order issued against employment earnings.

(4) Where a notice of judgment arises from an order for maintenance or support and there is filed with the sheriff a

the sheriff, at the request of the creditor, shall issue a garnishee order in the required form directed to the Crown in right of Canada for the purpose of the Family Orders and Agreements Enforcement Assistance Act (Canada) and that garnishee order shall cease to have effect on the expiry of the notice of judgment.

Joint entitlement

Deposit accounts

shall not apply for the purpose of this Part.

(2) A garnishee order that attaches a joint account only attaches the portion of the joint entitlement that is a current obligation.

(3) The court may on application by an interested person make an order necessary to prevent a garnishee from being prejudiced by the operation of this section.

Conditional obligation

(2) An order under this section shall not shorten a period of time that otherwise shall expire before the garnished obligation shall arise or become payable.

Enforcement of garnishee's duties

(2) Where a creditor applies to the court under paragraph (1)(b),

Court appointed remedies

(2) Where a creditor makes an application under paragraph (1)(a), that creditor shall be considered to be the instructing creditor.

(3) Where a creditor makes an application for immediate relief under paragraph (1)(c), he or she may make that application without notice to another party.

Considerations re appointment of receivers

Receivers

(2) The court may give a receiver those powers that it considers necessary for the realization of the property, including the power to manage or sell the property or bring proceedings in relation to the property.

(3) Unless otherwise ordered by the court, a receiver may take custody and control of the property over which the receiver is appointed.

(4) A receiver other than the sheriff shall

(5) Unless the court otherwise orders, a receiver shall give security approved by the court to account for property received by the receiver, as receiver, and the receiver shall deal with the property as this Act and the court directs.

(6) Security under subsection (5) shall be paid to the Registrar of the Court.

(7) On the application of an interested person, the court may

(8) The powers of the court and the duties of a receiver provided in this Part are in addition to other powers or duties provided in the Rules of Supreme Court, 1986 or which the court may otherwise exercise in its jurisdiction over receivers.

Definitions

Non-applicability of Part

(2) Paragraph (1)(c) shall not apply to exempt property to the extent that other exempt property of that type was disposed of to enable the debtor to acquire that exempt property.

Exempted property

(2) For the purpose of paragraph (1)(h), "principal residence" means the debtor's interest in property whether real or personal which entitles the debtor to occupy a property as his or her ordinary residence.

Co-ownership

(2) For the purpose of subsection (1), where the beneficial interest in property is co-owned by the debtor and others, it shall be considered that each co-owner has an equal share in the property unless the contrary is proven.

Property exceeding exempted values

that property may be sold by enforcement proceedings.

(2) Where, under subsection 136(1), a debtor selects property to be exempt, and the debtor's equity in that selected property exceeds the exemption allowed for that type of property, that property may be subject to enforcement proceedings to the extent of any value greater than the exemption amount notwithstanding that all of the property may be sold and the exemption amount paid over to the debtor.

(3) Where

a sufficient number of the items of that type of property are subject to sale under enforcement proceedings so that the total of

would not exceed the value of the exemption prescribed by regulation for property of that type.

(4) Where property to which subsection (1), (2) or (3) applies is sold under enforcement proceedings, the sheriff shall, before distributing the proceeds of the sale under Part XI,

(5) Subsection (4) does not apply to property described in paragraphs 131(f) and (g).

(6) The sheriff shall not sell property under subsection (1), (2) or (3) if the proceeds of sale would be less than the payment required by subsection (4).

Extension of exemptions

unless intermingled with other funds or property of the debtor, the property or the money and a deposit account into which it is paid are exempt for a period of

Other dispositions of exempt property

(2) Where a request under subsection (1) is with respect to land to which Part VII would apply,

(3) The sheriff shall issue a certificate stating that property is released from the binding effect of a notice of judgment

(4) Where the sheriff approves a sale of property under subsection (1), from the proceeds of the sale the debtor is entitled to an amount equal to the lesser of

(5) Where the debtor receives compensation for lost, stolen, destroyed or expropriated property to which subsection (1) would apply, subsections (1) to (4) shall apply as if

(6) Where the debtor receives compensation for damaged property to which subsection (1) would apply, and the damaged property is reasonably suitable for it's intended use, subsections (1) to (4) shall apply as if

(7) Where the debtor receives compensation for damaged property to which subsection (1) would apply, and the damaged property is not reasonably suitable for it's intended use, subsections (1) to (4) shall apply as if

Selection of property

the debtor may select the items that will be exempt up to the maximum exemption.

(2) The debtor may select property to be sold in accordance with subsections 133(2) or (3).

(3) Except in the case of property described in paragraph 131(f) or (g), if the debtor does not in a timely manner make a selection under subsection (1) or (2), the sheriff may select the items that are exempt or to be sold.

Survival of exemptions

(2) For the purpose of section 136, the representative of the estate of a deceased person referred to in subsection (1) may make a selection of the property to be exempt or to be sold taking into consideration the wishes of those persons entitled to the property upon a distribution of the estate.

(3) Where a representative of a deceased person transfers or realizes upon property of the estate of the deceased person, for the purpose of paying claims against the estate, the provisions of this Act with respect to exemptions shall apply, with the necessary changes, as the context requires as if

(4) Where

the court, upon the application of an interested person, may order that the representative distribute the property to the person entitled to it on terms and conditions that may be appropriate in the circumstances.

(5) Subsections (1) and (3) do not apply to a pension plan or a retirement fund.

(6) Where a person receives property, including money, upon or as a result of the death of a debtor and

the property, unless intermingled with other property or funds, including money and a deposit account into which it is paid, remains exempt in enforcement proceedings against that person for a period of 90 days from receipt of the property.

(7) Notwithstanding subsection (6), the court, on the application of a creditor who has registered a notice of judgment against the person referred to in subsection (6) before the expiry of the 90 day period referred to in that subsection, may order that all or a portion of the property referred to in subsection (6) is not exempt if it will not reasonably be required to provide continuing support for that person and the dependents of the deceased debtor.

(8) Where an application has been made under subsection (7), the person who has received property, including money, as a result of the death of the debtor shall not deal with that property or money until the matter has been determined by the court.

Determination of exemption

Income exemption

(2) A debtor's income exemption amount shall be calculated by the sheriff for a period of one month in accordance with the provisions of this Part and the regulations.

(3) The sheriff shall use only the information provided in accordance with Part IV to

Income exemption certificate

(2) The court, on the application of the debtor or a creditor, may vary an income exemption certificate based on information that the court may require.

Income exemption limits

(2) Notwithstanding subsection 140(1), the sheriff may vary an income exemption certificate only in accordance with this Act.

Adjustment of income exemption amount

(2) Where a debtor's income varies substantially between months because the debtor receives payment at intervals in excess of one month or at irregular intervals or in irregular amounts,

(3) Where a debtor is subject to an order, or an agreement enforceable as an order for the support of a person, that is enforceable in the province

(4) For the purpose of this section, "dependent" means with respect to a debtor

and who lives in the same household as the debtor or whose care in an institution is paid for by the debtor.

Extension of income exemption

unless intermingled with funds or property, other than funds or property referred to in this subsection, the property or the money and a deposit account into which it is paid are exempt.

(2) Notwithstanding subsection (1), property, money or a deposit account referred to in subsection (1) may be subject to enforcement proceedings as provided in subsection 147(5).

(3) For the purpose of subsection (1), the debtor

Claim procedure

the sheriff, if the claim is accepted, shall

(2) The debtor may request that the sheriff treat a claim with respect to a payment from a specified income source as a continuing claim for the purpose of subsection (1).

(3) Where a portion of a distributable fund under Part XI constitutes money or payments to which paragraph 134(b) or (c) would apply if received by the debtor, the sheriff shall pay an amount not exceeding that portion as directed by the debtor to acquire or contribute to a pension plan or retirement fund owned by the debtor.

Employment earnings protected

Instalment order

(2) Upon receiving a request under subsection (1) the sheriff shall issue an instalment order and the debtor shall pay his or her surplus income for a month to the sheriff.

(3) An instalment order may relate only to surplus income that has not been received by the debtor.

(4) The total of the amounts ordered to be paid under an instalment order in a month shall not exceed

minus

(5) An instalment order may require the debtor to pay the sheriff

(6) An instalment order that requires a debtor to pay amounts to the sheriff shall be served on the debtor.

(7) The sheriff may vary or repeal an instalment order upon the written request of the debtor or a creditor.

(8) A notice of the refusal to issue an instalment order, or the issuance, repeal or variance of an instalment order shall be served on the debtor and all creditors with related notices of judgment.

(9) Within 15 days of delivery of the notice referred to in subsection (8), upon the application of a creditor or the debtor, the court may confirm, issue, repeal or vary that instalment order in accordance with the information and proof that the court requires, and the sheriff may not further vary or repeal that order under subsection (7).

(10) A creditor may apply to the court for the confirmation of an instalment order issued or varied by the sheriff.

(11) An order for periodic payments shall not be issued under subsection 11(4) of the Small Claims Act where an instalment order issued in accordance with this section is in effect.

(12) Where an order for periodic payments is made under subsection 11(4) of the Small Claims Act

(13) In subsection (12), "small claims creditor" means a creditor in whose favour there is a notice of judgment with respect to a money judgment made under the Small Claims Act.

Default

(2) If the statement required by subsection (1) is not served on the sheriff within 15 days, it shall be considered that the default was without just cause and the sheriff shall deliver notice of the default without just cause to the debtor and all creditors with related notices of judgment within 30 days of the default.

(3) If the statement required by subsection (1) is served within 15 days, the sheriff shall

(4) The debtor or a creditor may within 15 days of the service of the decision of the sheriff, apply to the court for a determination of the issue of just cause based on the information and proof that the court requires.

(5) Where the court or the sheriff determines that the default was without just cause and the period for an application under subsection (4) has expired or the application has been discontinued or dismissed, a creditor may

(6) Where

the instalment order shall be enforceable as an order of the court and a creditor may apply to the court under the Rules of the Supreme Court, 1986 for a contempt order.

Stay of enforcement

(2) In determining whether it is just or equitable to grant the stay of enforcement, the court shall consider the interests of the creditors as a whole and the interest of the debtor including,

(3) A creditor or debtor may request the repeal or variance of a stay of enforcement based on new information or a change in circumstances including an increase in the total amount of enforcement debts on related notices of judgment.

Corporations and partnerships

(2) The court may grant a stay of enforcement under subsection (1) upon terms and conditions that it considers appropriate and may order that the debtor make payments to the sheriff.

(3) The court may vary or repeal a stay of enforcement granted under subsection (1) upon the application of the debtor or a creditor.

Applies to all distributions

shall be dealt with in accordance with this Part.

(2) Where property that is bound by a notice of judgment is sold in proceedings to enforce a security interest, lien, charge or encumbrance that has priority over the notice of judgment,

(3) This Part shall not be construed so that it prejudices a right to money that is based on an interest, including a security interest, lien, charge or an encumbrance,

where that interest has priority over the relevant notices of judgment.

Distributable fund

(2) Notwithstanding subsection (1),

Money derived from exempted property

Eligible claims

(2) The amount of a creditor's eligible claim shall be the amount outstanding on the judgment at the time the distributable fund was constituted.

(3) For the purpose of calculating the amount of an eligible claim, the sheriff shall consider the amount outstanding on a notice of judgment to be the lesser of

(4) Notwithstanding section 40, where a distributable fund results from instructions to sell property or to issue a garnishee order with respect to a current obligation under Part VIII, the instructing creditor shall have an eligible claim with respect to the distribution of that distributable fund.

Distribution of fund

(2) Where a garnishee order, instalment order, or other enforcement proceedings result in the sheriff receiving distributable funds at different times, the total amount payable to the instructing creditor under paragraphs (1)(h) and (i) is limited to the amount that would have been payable under those paragraphs if the individual funds had been a single distributable fund.

Surplus

Statement of proposed distribution

(2) An objection made under paragraph (b) is not effective and shall be disregarded if

and subparagraphs (1)(c)(i) and (ii) shall apply.

(3) Notwithstanding subsection (1), where the amount of the distributable fund exceeds the amount required to make all payments required by paragraphs 154(1)(a) to (i), the sheriff shall immediately distribute the fund.

(4) Notwithstanding subsection (1), where the sheriff has distributed a distributable fund and subsection (1) was complied with, the sheriff shall, without serving further statements of distribution, immediately distribute subsequent distributable funds with respect to the same debtor in the same manner unless

(5) Upon a distribution of a distributable fund

Overpayment

(2) Where a creditor receives a payment by way of distribution and the payment exceeds the amount outstanding on the judgment at the time the payment is received, the creditor shall

(3) Where the sheriff receives an amount in accordance with subsection (1) or (2), he or she shall recalculate the distribution and distribute the additional money as if the payment were part of the original distribution.

(4) A creditor who does not comply with subsection (1) or (2) shall compensate the debtor and the creditors for a pecuniary loss suffered by them as a result of the non-compliance.

(5) A creditor who does not comply with subsection (4) is guilty of an offence.

Claimant is a debtor

Notice of objection

(2) A notice of objection is not effective and shall be disregarded if

(3) This section shall not affect the right of a debtor to apply for a stay of enforcement under section 148.

(4) For the purpose of this Act, a notice of objection is a notice in the required form by which the debtor may indicate an objection to enforcement proceedings, including a claim that property is in whole or in part exempt.

Application to court

(2) Where a debtor applies to the court under subsection (1), subsection 159(1) shall apply as if the debtor had delivered a notice of objection to the sheriff.

(3) Where a creditor disputes an application under subsection (1), section 164 shall apply as if the application by the debtor was under subsection 159(1) with respect to a notice of objection delivered to the sheriff.

Notice of third party interest

(2) Where a notice of third party interest is served on the sheriff under subsection (1), a notice of claim in the required form shall be served within 15 days of its receipt by the sheriff on the debtor, all creditors and the person named as having an interest where,

(3) For the purpose of this Act, a notice of third party interest is a notice in the required form which indicates that a person other than the debtor may have an interest in or with respect to property.

Notice of claim

(2) A notice of claim is not effective and shall be disregarded if

(3) A notice of claim is a notice in the required form by which a person other than the debtor claims an interest in or with respect to property.

Procedure

(2) Where an effective notice of objection or notice of claim is received,

(3) Where the instructing creditor does not oppose an application under subsection (1) or does not apply under subsection (2), the court may order that a creditor be considered to be the instructing creditor with respect to the enforcement proceedings, including the proceedings before the court.

(4) Upon receipt of an effective notice of objection or notice of claim under subsection (2), the sheriff may apply to the court for direction.

Objection or disputed claim

the court may determine the issue in accordance with Rule 13 of the Rules of the Supreme Court, 1986.

(2) An instructing creditor who

may deliver a notice of the application to all creditors with related notices of judgment requesting proportional contribution to the cost of the dispute or the application.

(3) Where an instructing creditor requests contribution under subsection (2), for the purpose of a distribution under Part XI, the eligible costs of those creditors who agree to contribute proportionally to the cost of the application, to the extent that they are not entitled to a higher priority, shall have priority in accordance with paragraph 154(1)(d) with respect to a portion of a distributable fund that results from or is preserved by the proceedings.

(4) The court may direct that where the costs of proceedings referred to in subsection (1) are not paid by an adverse party, those costs shall be paid out of a distributable fund that results from or is preserved by the proceedings.

Claims made outside prescribed period

(2) Notwithstanding subsection (1), a person may assert a claim

(3) A person who does not assert a claim to the proceeds of sale of property or money received as a result of enforcement proceedings with respect to an obligation before the proceeds are distributed may not trace or otherwise follow the proceeds.

Non-application to registered interests

(2) Where a creditor disputes the validity of the registration or priority of an interest referred to in subsection (1), the creditor may apply with leave of the court for a determination of the issue.

(3) For the purpose of section 165, a creditor who applies under subsection (2) shall be considered to be an instructing creditor.

Non-application of Part

Definitions

(2) In sections 171 to 173, creditor includes

(3) In sections 179 and 180, "property" includes the proceeds of property referred to in section 178.

Exception

(2) Notwithstanding subsection (1), the benefits or proceeds of a proceeding referred to in subsection (1) shall be distributed in accordance with the judgment of the court and in a manner consistent with this Act.

Fraudulent transfers

is void as against a creditor injured, delayed, or postponed.

Intent to prefer

is void against the creditor injured, delayed, prejudiced or postponed.

Preferential effect

is, with respect to an application or proceeding to impeach or set aside the transaction and brought within one year of that transfer, void as against the creditor injured, delayed, prejudiced or postponed.

What constitutes transaction

(2) Independently of the intent with which the transaction was entered into or of whether it was entered into voluntarily or under pressure, the preferential effect or result of the impeached transaction governs, and pressure by a creditor or want of notice to the creditor alleged to have been preferred respecting the debtor's circumstances, inability or knowledge or effect of the transaction shall not protect the transaction.

Transaction in good faith

if the money paid or the property sold or delivered is of a fair and reasonable value.

Payment to creditor

Restoration of security to creditor

Saving of payment to creditor

Proceeds of property

(2) Subsection (1) does not apply to a person who buys for value, in good faith.

Declaration from court

may, for the benefit of creditors generally, or for the benefit of those creditors who have been injured, delayed, prejudiced or postponed,

(2) If, in an application under subsection (1), an amendment is made the amendment relates back to the commencement of the application for the purpose of the time limited by section 172.

(3) Where

the court may order

Order for preservation

(2) For the purpose of subsection (1), Part II excepting sections 33, 34 and 35 shall apply as if the order for preservation referred to in subsection (1) were an attachment order, with all changes necessary as the context requires.

Regulations

(2) Regulations made under paragraph (1)(z) may be made with retroactive effect to the date of the coming into force of this Act.

Forms

(2) Where this Act states that a document is to contain certain information or statements, the regulations may require the documents to contain information or statements that are additional to those required by this Act.

Fees

Judicature Act and Rules to apply

Penalty

Transitional

Transitional

(2) An attachment order that was issued under the Rules of the Supreme Court, 1986 before the coming into force of this Act shall, on the commencement of this Act, be considered to have been issued under this Act.

(3) Where, within 13 months immediately following the commencement of this Act,

a creditor, debtor or interested person may apply to the court for relief which the court considers appropriate in the circumstances, including the relief of renewing that money judgment or notice of attachment.

RSN1990 cA-19 Amdt.

RSN1990 cA-20 Rep.

RSN1990 cB-3 Amdt.

RSN1990 cC-28 Amdt.

RSN1990 cC-36 Amdt.

RSN1990 cJ-2 Amdt.

(3) For the purpose of this section, interest shall not be calculated on interest.

RSN1990 cJ-4 Amdt.

RSN1990 cL-11 Amdt.

SN1995 cL-16.1 Amdt.

Limitation period 10 years

7. (1) Following the expiration of 10 years after the date on which the right to do so arose, a person shall not bring an action or proceeding

Enforcement process

18. (1) On the expiration of the limitation period for the enforcement of a judgment, the judgment creditor or his or her successor shall not commence a further action to obtain a judgment based upon that earlier judgement.

RSN1990 cP-3 Amdt.

SN1995 cP-31.1 Amdt.

Application of Judgment Enforcement Act

35. The Judgment Enforcement Act shall apply to a fine entered as a judgment in the Trial Division under section 33.

RSN1990 cP-41 Amdt.

RSN1990 cS-6 Amdt.

1991 c39 Amdt.

Liability for interest

19.1 (1) The sheriff is not liable to account to a creditor, debtor or other person claiming to be a beneficiary, for interest received by the sheriff on money paid into the office of the sheriff or collected under the Judgment Enforcement Act or an Act of another of the provinces or of Canada and held in trust by the sheriff and

(2) The interest on money referred to in paragraphs (1)(a) and (b) shall be paid by the sheriff into the Consolidated Revenue Fund.

RSN1990 cS-16 Amdt.

Enforcement

10. (1) Judgments and orders of a judge may be enforced under the Judgment Enforcement Act.

(4) The judge may make an order for periodic payment that he or she thinks appropriate and that payment order shall be considered to be an instalment order issued under subsection 147(2) of the Judgment Enforcement Act.

RSN1990 cS-31 Amdt.

Review