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SNL2000 CHAPTER E-11.1

ENFORCEMENT OF CANADIAN
JUDGMENTS ACT
[To be Proclaimed]

Amended:

2006 cS-31.1 s80

CHAPTER E-11.1

AN ACT RESPECTING THE ENFORCEMENT OF CANADIAN JUDGMENTS

(Assented to May 12, 2000 )

Analysis



Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

Short title

        1. This Act may be cited as the Enforcement of Canadian Judgments Act .

2000 cE-11.1 s1

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Definitions

        2. In this Act

             (a)  "Canadian judgment" means

                      (i)  a final judgment or order made in a civil proceeding by a superior court of a province or territory of Canada other than the province,

                     (ii)  a final order that is made in the exercise of a judicial function by a tribunal of a province or territory of Canada other than the province and that is enforceable as a judgment of the superior court of the province or territory where the order was made, and

                    (iii)  an order that is made under section 738 or 739 of the Criminal Code by a court of a province or territory of Canada other than the province and that is entered under section 741 of the Criminal Code as a judgment in the superior court of unlimited trial jurisdiction of the province or territory where the order was made;

             (b)  "judgment creditor" means a person entitled to enforce a Canadian judgment;

             (c)  "judgment debtor" means a person liable under a Canadian judgment; and

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

2000 cE-11.1 s2

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Right to register judgment

        3. (1) A Canadian judgment for the payment of money may be registered under this Act for the purpose of enforcing payment of the money unless the judgment is for

             (a)  maintenance or support, including an order enforceable under the Support Orders Enforcement Act, 2006; or

             (b)  the payment of money as a penalty or fine for committing an offence.

             (2)  A Canadian judgment which contains provisions for the payment of money and also contains other provisions may be registered under this Act in respect of the provisions for the payment of money but may not be registered in respect of those other provisions.

2000 cE-11.1 s3; 2006 cS-31.1 s80

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Procedure for registering judgment

        4. A Canadian judgment may be registered under this Act by paying the prescribed fee and by filing in the registry of the Trial Division

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

             (b)  the additional information or material that may be required by regulation.

2000 cE-11.1 s4

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Effect of registration

        5. A registered Canadian judgment may be enforced in the province as if it were a judgment of, and entered in, the Trial Division.

2000 cE-11.1 s5

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Time limit for registration and enforcement

        6. Notwithstanding sections 3 and 5, a Canadian judgment shall not be registered or enforced under this Act

             (a)  after the time for enforcement has expired in the province or territory where the judgment was made; or

             (b)  later than 10 years after the day on which the judgment became enforceable in the province or territory where it was made.

2000 cE-11.1 s6

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Power to stay or limit enforcement of registered judgment

        7. (1) Notwithstanding section 5, the Trial Division may make an order staying or limiting the enforcement of a registered Canadian judgment, subject to the terms and for the period that the court considers appropriate in the circumstances, where

             (a)  that order could be made in respect of a judgment of the Trial Division under the Judgment Enforcement Act or the Rules of the Supreme Court, 1986 ;

             (b)  the judgment debtor has brought, or intends to bring, in the province or territory where the judgment was made, a proceeding to set aside, vary or obtain other relief in respect of the judgment;

             (c)  an order staying or limiting enforcement is in effect in the province or territory where the judgment was made; or

             (d)  the judgment is contrary to public policy in the province.

             (2)  The Trial Division shall not make an order staying or limiting the enforcement of a registered Canadian judgment on the grounds that

             (a)  the judge, court or tribunal that made the judgment lacked jurisdiction over the subject matter of the proceeding that led to the judgment or over the judgment debtor under

                      (i)  principles of private international law, or

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

             (b)  the Trial Division would have come to a different decision on a finding of fact or law or on an exercise of discretion from the decision of the judge, court or tribunal that made the judgment; or

             (c)  a defect existed in the process or proceeding leading to the judgment.

2000 cE-11.1 s7

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Interest on registered judgment

        8. (1) Interest is payable on a registered Canadian judgment as if it were a judgment of the Trial Division.

             (2)  For the purpose of calculating interest payable under subsection (1), the amount owing on the registered Canadian judgment is the total of

             (a)  the amount owing on that judgment on the date it is registered under this Act; and

             (b)  the interest that has accrued to the date of registration under the laws applicable to the calculation of interest on that judgment in the province or territory where it was made.

2000 cE-11.1 s8

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Recovery of registration costs

        9. A judgment creditor is entitled to recover all costs, charges and disbursements

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

             (b)  taxed, assessed or allowed by the taxing officer of the Trial Division

as if they were sums payable under the registered Canadian judgments.

2000 cE-11.1 s9

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Other rights not affected

      10. Registering a Canadian judgment or taking other proceedings under this Act shall not affect a judgment creditor’s right

             (a)  to bring an action on the Canadian judgment or on the original cause of action; or

             (b)  to register and enforce the Canadian judgment under the Reciprocal Enforcement of Judgments Act .

2000 cE-11.1 s10

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Regulations

      11. The Lieutenant-Governor in Council may make regulations

             (a)  respecting additional information or material that is to be filed in relation to the registration of a Canadian judgment under this Act; and

             (b)  generally, to give effect to the purpose of this Act.

2000 cE-11.1 s11

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Fees and forms

      12. The minister may prescribe fees and forms for the purpose and administration of this Act.

2000 cE-11.1 s12

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Application

      13. This Act applies to

             (a)  a Canadian judgment made in a proceeding commenced after this Act comes into force; and

             (b)  a Canadian judgment made in a proceeding commenced before this Act comes into force and in which the judgment debtor took part.

2000 cE-11.1 s13

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Commencement

      14. This Act shall come into force on a day to be proclaimed by the Lieutenant Governor in Council.

2000 cE-11.1 s14