This is an official version. Copyright © 2006: Queen's Printer, Important Information
Newfoundland Regulation 1999 Judgment Enforcement Regulations, 1999 (Filed Under the
authority of section 181 of the Judgment
Enforcement Act, the Lieutenant-Governor in Council makes the following
regulations. Dated at John R.
Cummings, Q.C. REGULATIONS Analysis 1. Short
title PART I 2. Definitions PART II 3. General
debtor information 4. Debtor
name 5. Corporations 6. Estate 7. Trade
union 8. Unnamed
trust 9. Bankrupt 10. Bankrupt
enterprise 11. Partnership 12. Syndicate
or joint venture 13. Other
enterprise 14. Representatives
of an enterprise 15. Debtor
information 16. Description
of serial numbered goods 17. Order
for costs 18. Correction
of information 19. Assignment
of judgment 20. Removal
of data 21. Demand
for discharge PART 22. Examination
of debtor 23. Examination
of persons other than the debtor 24. Examination
of persons to whom property transferred 25. Further
examination 26. Examination
of other persons 27. Who
conducts examination 28. Notice
of examination 29. Notice 30. Manner
of examination 31. Default
procedure 32. Oath
and interpreter 33. Where
person to be examined resides outside the province 34. Production
on examination 35. Re-examination
on an examination in aid of enforcement 36. Objections 37. Improprieties
on examination 38. Penalty
for refusal or neglect 39. Examination
to be recorded 40. Contempt
order 41. Costs 42. Non-appearance
at examination 43. Financial
questionnaire PART IV 44. Identification
of property 45. Seizure 46. Identification
of property PART V 47. Amendment
of garnishee order PART VI 48. Exemptions 49. Income
exemption PART 50. Records 51. Required
form 52. Service
of documents 53. Expenses
and costs 54. Two
dollar minimum 55. Repeal 56. Commencement Short title 1. These regulations may be cited as
the Judgment Enforcement Regulations,
1999. PART I Definitions 2. In these regulations (a) "Act"
means the Judgment Enforcement Act; (b) "appliances"
and "household furnishings" means (i) a washing machine, (ii) a clothes dryer, (iii) bedroom suites and bedding that are reasonably necessary for the
debtor and his or her dependants, (iv) an oven and stove top burners, (v) dishes and kitchen utensils necessary for the debtor and his or her
dependants, and (vi) strollers, cribs and highchairs necessary for the debtors'
dependants; (c) "dependant"
means with respect to a debtor (i) a brother, sister, parent or grandparent, (ii) a child or other person who is less than 16 years of age, and (iii) a person who is 16 years or more of age and who is in regular
attendance at school or because of a mental or physical disability is unable to
earn a livelihood and who lives in the same household as the debtor or whose
care in an institution is paid for by the debtor; (d) "enterprise"
means a corporation, estate of a deceased person, trade union, named or unnamed
trust, bankrupt, partnership, syndicate or joint venture, or a group or
business organization which is not an individual; (e) "motor
vehicle" means a vehicle propelled, driven or controlled otherwise than by
muscular power, other than a trailer or a vehicle running on fixed rails; (f) "registrant" means a creditor, solicitor or other person
acting for a creditor who registers a notice of judgment or a notice of
attachment and information or documents related to that notice of judgment or
notice of attachment in the registry; (g) "serial numbered goods" means a motor vehicle, trailer, mobile home, aircraft, boat, or an outboard motor for a boat; and (h) "spouse"
means either of a man and woman who (i) are married to each other, (ii) are married to each other by a marriage that is voidable and has
not been voided by a judgment of nullity, or (iii) have gone through a form of marriage with each other in good faith,
that is void and
are cohabiting or have cohabited within the preceding year. PART II General debtor information 3. (1) Where the debtor is a natural
person, the registrant (a) shall,
in the manner required under section 4, enter the name of that debtor under the
heading of "debtor"; and (b) may,
on the required form, enter the birth date of the debtor with the year entered
first followed by the number of the month and the number of the day. (2) Where
the debtor is an enterprise, the registrant (a) shall,
in the manner required under section 5, enter the name of that debtor under the
heading of "debtor"; and (b) may
on the required form, enter the name and position of a contact person within
the enterprise to whom inquiries relating to the registration may be addressed. (3) Where
a judgment relates to more than one debtor, the registrant shall identify each
debtor as a separate debtor when registering the information on that judgment. Debtor name 4. (1) Where the debtor is a natural
person, the registrant, on the required form, shall enter the last name of the
debtor, followed by the first name and followed by the middle name, if any. (2) Where
the debtor is a natural person with more than one middle name, the registrant
shall on the required form provide the first of the debtor's middle names. (3) Where
the debtor is a natural person whose name consists of one word, the registrant
shall enter that name in the field for entering the last name of the debtor. (4) Where
the debtor is a natural person who carries on a business under a name other
than that person's own name, the registrant (a) shall
enter that person's own name as a natural person; and (b) may
enter, in accordance with section 5, that person's business name as an
enterprise name. (5) Where
the debtor is a natural person, his or her name shall, for the purpose of
section 3, be determined as follows: (a) where
the debtor was born in Canada and the debtor's birth is registered with a
government agency responsible for the registration of births in a province or
territory of Canada, the name of the debtor shall be the name stated on the
debtor's birth certificate; (b) where
the debtor was born in (i) the name as stated in his or her current passport issued by the
Government of Canada, (ii) if the debtor does not have a current Canadian passport, or that
information is not available, the name as stated on a current social insurance
card issued to the debtor by the Government of Canada, or (iii) if the information under subparagraphs (i) and (ii) does not exist
or is not available, the name as stated in a current passport issued to the
debtor by the government of the jurisdiction where that debtor habitually resides; (c) where
the debtor was not born in (d) where
the debtor was not born in (i) the name stated in a current visa issued to the debtor by the
Government of Canada, (ii) if the debtor does not have a current Canadian visa, or it is not
available, the name stated in a current passport issued to the debtor by the
government of the jurisdiction where the debtor habitually resides, or (iii) if the debtor does not have a visa or passport referred to in
subparagraphs (i) and (ii), or they are not available, the name stated in the
birth certificate or equivalent document issued to the debtor by the government
agency responsible for the registration of births at the place where the debtor
was born; (e) notwithstanding
paragraphs (a) to (d), if the debtor changes his or her name after marriage or
in accordance with change of name legislation, the name is the name adopted by
the debtor after marriage, if that name is recognized under the laws of the
jurisdiction where the debtor habitually resides, or the name stated in the
debtor's change of name certificate or equivalent document; (f) notwithstanding paragraph (e), where the laws of the jurisdiction
in which the debtor habitually resides allow a person to use the name adopted
after marriage and the name a person had before marriage, and the debtor uses
both names, paragraphs (a) to (d) apply and the name of the debtor determined
in accordance with those paragraphs and the name of the debtor adopted after
marriage shall be registered as separate debtor names; and (g) where
paragraphs (a) to (f) do not apply to the debtor, the name is the name stated
on any 2 of the following documents issued to the debtor by the Government of
Canada or of a province or (i) a current motor vehicle operator's licence, (ii) a current vehicle registration, and (iii) a current medical insurance card. (6) For
the purpose of subsection (5), the name of the debtor shall be determined as of
the date of the judgment against him or her. (7) In
addition to entering the name of a debtor who is a natural person in accordance
with subsections (1) to (6), the registrant may enter, on the required form,
another name of the debtor of which the registrant has knowledge. Corporations 5. (1) Where the debtor is a
corporation, the registrant shall enter the name of that corporation on the
required form. (2) The
registrant shall enter on the required form, under separate "debtor"
headings, forms of the name of the debtor that is a corporation if the name of
that debtor is in more than one of the following forms: (a) an
English form; (b) a
French form; and (c) a
combined English and French form. (3) In
entering the name of a debtor that is a corporation, the registrant may enter,
with or without a period, the abbreviation "Ltd.", "Ltee",
"Inc.", "Incorp.", "Corp.", "Co.", or
"Cie" or "Limited", "Limitee",
"Incorporated", "Incorporee", "Corporation",
"Company" or "Compagnie". Estate 6. Where the debtor is an enterprise
that is the estate of a deceased person, the registrant shall enter on the
required form, the first name of the debtor followed by the first of the middle
names followed by the last name of the deceased debtor, unless his or her name
consists of one name, in which case only that one name shall be entered,
followed by the word "estate". Trade union 7. Where
the debtor is an enterprise that is a trade union, the registrant shall enter
on the required form (a) the
name of the trade union; and (b) in
accordance with section 4, the name of each person representing the trade union
in the transaction giving rise to the judgment. Unnamed trust 8. Where
the debtor is a trustee acting for an enterprise that is in the form of a trust
and the document creating the trust does not designate the name of the trust,
the registrant shall enter on the required form, the first name, followed by
the first of the middle names and followed by the last name of at least one of
the trustees, unless the name of the trustee consists of one word, in which
case only that word shall be entered, followed by the word "trustee". Bankrupt 9. Where the debtor is a trustee
acting for an enterprise that is in the form of the estate of a bankrupt
natural person, the registrant shall enter on the required form, the first name
followed by the first of any middle name, followed by the last name of the
bankrupt, unless the name of the bankrupt consists of only one word, in which
case that word shall be entered, followed by the word "bankrupt". Bankrupt enterprise 10. Where the debtor is a trustee
acting for an enterprise that is in the form of the estate of a bankrupt
enterprise, the registrant shall enter on the required form the name of the
bankrupt enterprise followed by the word "bankrupt". Partnership 11. (1) Where the debtor is a debtor
because of membership in an enterprise that is a partnership, the registrant
shall enter on the required form (a) in
the case of a partnership as defined under the Partnership Act, the name under which the firm carries on business;
and (b) in
the case of a limited partnership, the firm name of the partnership as required
under the Limited Partnership Act. (2) Where
the debtor is a debtor because of membership in an enterprise that is a
partnership, other than one referred to in subsection (1), the registrant shall
enter on the required form (a) the
firm name of the partnership; and (b) in
accordance with section 4, the name of at least one of the partners. (3) Where,
under subsection (2), the partnership does not have a name, the registrant
shall enter on the required form and in accordance with section 4, the names of
all of the partners. Syndicate or joint venture 12. Where the debtor is a debtor
because of participation in an enterprise that is a syndicate or a joint
venture, the registrant shall enter on the required form (a) the
name of the syndicate or joint venture as stated in the document creating it;
and (b) in
accordance with sections 4 and 5, the name of each participant in that joint
venture. Other enterprise 13. (1) Where the debtor is a debtor
because of membership or participation in an association, organization or enterprise
other than one referred to in sections 6 to 12, the registrant shall enter on
the required form (a) the
name of the association, organization or enterprise; and (b) in
accordance with section 4, the name of each person representing the association,
organization or enterprise in the transaction giving rise to the registration. (2) For
the purpose of subsection (1), if the name of the association, organization or
enterprise is stated in a constitution, charter or other document creating it,
the registrant shall enter the name in the form stated in that constitution,
charter or other document. Representatives of an enterprise 14. (1) For the purpose of sections 6
to 13, a person representing an enterprise in a transaction giving rise to a
registration is a person with the power to bind the enterprise or its officers
or members and who has exercised that power in the formation of the contract or
contracts in the transaction. (2) Where
under sections 6 to 13 (a) the
name of a natural person is to be entered on the required form by a registrant,
the name shall be entered in the manner required by sections 3 and 4; or (b) the
name of the corporation is to be entered on the required form by a registrant,
the name shall be entered in the manner provided under sections 3 and 5. Debtor information 15. In addition to the name of the
debtor required under sections 3 to 14, the registrant shall enter on the
required form the address of the debtor and may enter on the required form, the
debtor's telephone and telecopier number. Description of serial numbered goods 16. (1) Where goods are to be described by serial number, the registrant (a) shall (i) indicate the type of serial numbered goods to which the registration relates, and (ii) enter the last 25 characters of the serial number or all the characters if the serial number contains less than 25 characters; and (b) may (i) verify the serial number entered by entering it a second time, and (ii) describe the goods by make, manufacturer, model, model year or any other particulars. (2) For the purpose of this section, the serial number for (a) a motor vehicle, other than a combine or tractor, is the vehicle identification number marked on or attached to, the body frame by the manufacturer; (b) a combine, tractor, mobile home or trailer is the serial number marked on, or attached to, the chassis by the manufacturer; (c) a boat that can be registered, recorded or
licensed under the Canada Shipping Act
( (d) a boat not referred to in paragraph (c) is the serial number marked on, or attached to, the boat by the manufacturer; (e) an outboard motor for a boat is the serial number marked on, or attached to the outboard motor by the manufacturer; (f) an aircraft that must be registered under the Aeronautics Act (Canada) or regulations made under that Act in order to be operated in Canada is the registration mark assigned to the airframe by the Department of Transportation (Canada), omitting any hyphen; (g) an aircraft that must be registered under the law of a state, other than Canada, that is a party to the Convention on International Civil Aviation 1944 (Chicago) is the registration mark assigned to the airframe by the relevant licensing authority, omitting any hyphen; and (h) an aircraft not referred to in paragraph (f) or (g) is the serial number marked on, or attached to the airframe by the manufacturer. (3) Where goods referred to in paragraph (a), (b), (d), (e) or (h) do not have a serial number or vehicle identification number marked on, or attached to them by the manufacturer, the serial number is any number of at least 6 characters that is marked on, or attached to those goods. Order for costs 17. A creditor who received an order
for costs in an action where a notice of judgment has previously been
registered shall not register that order for costs as a separate notice of
judgment but may add those costs to the enforcement debt in accordance with
section 22 of the Act. Correction of information 18. (1) Where information and data
registered with respect to a notice of judgment or a notice of attachment is
erroneous because of (a) a
typographical error; (b) the
provision of incorrect information to the sheriff; and (c) a
change in status or amount with respect to the information or data entered, the sheriff
may amend or change that information or data to ensure that the correct
information or data is registered. (2) Where
the sheriff amends or changes registered information or data under subsection
(1), he or she shall first be satisfied that the amendment or change is
necessary and correct and may require further information respecting that
necessity or correctness. (3) The
instructing creditor, debtor and all creditors with a related notice of
judgment or notice of attachment shall be notified by the sheriff of an
amendment or change made under subsection (1). (4) If a creditor (a) receives any money on account of the amount owing under an enforcement debt; or (b) receives anything by way of satisfaction, either wholly or in part, of the amount owing under an enforcement debt, the creditor shall, within 15 days from the day that the creditor received that money or that satisfaction, register in the registry a status report to amend the amount owing under the enforcement debt. (5) The requirement to register a status report under subsection (4) does not apply where a creditor receives money or satisfaction by way of a distribution made by the sheriff. Assignment of judgment 19. (1) A person who is entitled to
enforce a judgment may make a total or partial assignment of that judgment to
another person. (2) Where
the sheriff is satisfied that all of a creditor's or another person's rights
under a judgment have been assigned, he or she may amend the notice of judgment
to show the name of the assignee. (3) Where
the sheriff is satisfied that a portion of a creditor's or another person's
rights under a judgment has been assigned, he or she may divide the notice of
judgment and register (a) a
replacement notice of judgment in favour of the creditor indicating the amount
that remains owing under the judgment to the creditor; and (b) a
replacement notice of judgment to the assignee of the judgment indicating the
amount that is owing in accordance with the portion assigned to the assignee. (4) Where
a replacement notice of judgment is issued under subsection (3), that notice of
judgment (a) stands
in the place of the notice of judgment that is being replaced; and (b) shall
be dated with the same date as that shown on the notice of judgment that is
being replaced. (5) For the purpose of the expiration of the notice of judgment and any limitation period which applies to that notice of judgment, the replacement notice of judgment shall be considered to have been registered on the same date as the original notice of judgment filed by the assigning creditor. Removal of data 20. (1) A creditor, debtor, assignee, or other interested person may, in
writing, request that the sheriff remove data and information from the registry
where there is or appears to be a defect, omission, irregularity or addition to
the information properly contained in the records. (2) The
sheriff may remove data and information as requested in accordance with this
section or where the sheriff perceives that there is an error of data or
information in the registry respecting a notice of judgment or notice of
attachment, provided that it is in his or her opinion just and equitable to
make that removal. (3) The
sheriff may apply to the court for directions with respect to a request made
under subsection (1). (4) The
instructing creditor, debtor and all persons with a related notice of judgment
shall be notified of the removal of information under this section or of an
application to the court made under subsection (3). Demand for discharge 21. (1) A written demand made under
subsection 45(2) of the Act shall clearly state the reason for the demand, the
nature of the discharge or amendment sought, the names of the creditor and the
debtor and the registration number of the notice of judgment. (2) The
written demand referred to in subsection (1) shall be served by personal
service, facsimile or by registered mail. (3) A
copy of the demand referred to in subsection (1) shall be delivered to the
sheriff within 10 days of the making of the demand. PART Examination of debtor 22. A
creditor may under section 66 of the Act examine a debtor concerning all
matters relevant to the enforcement of a judgment including (a) the
debtor's assets and income (i) when examined, (ii) when the cause of action arose, or (iii) where the judgment is for costs only, when the proceeding was
commenced; (b) what
debts are owing to the debtor; (c) the
disposal the debtor has made of property since the cause of action arose; and (d) the
means the debtor has to satisfy the judgment. Examination of persons other than the debtor 23. A creditor may examine an officer, a director, manager, partner, sole
proprietor, litigation guardian, committee, assignor or trustee of the debtor concerning all matters
relevant to the enforcement of the judgment including (a) the
names and addresses of shareholders; (b) the
number and particulars of shares held or owned by each shareholder and the
amount paid in respect of them; (c) the
assets and income of the debtor (i) at the time when the examination is held, (ii) when the cause of action arose, or (iii) where the judgment is for costs only, when the proceeding was
commenced; (d) what
debts are owing to the debtor; (e) the
disposal of property made by the debtor since the cause of action arose; and (f) the means which the debtor has to satisfy the judgment. Examination of persons to whom property transferred 24. Where a debtor has (a) since
the cause of action arose; or (b) when
the judgment is for costs only, since the proceeding commenced, transferred
property which may be seized under enforcement proceedings, the transferee, or
an officer, director, manager, partner, committee or trustee of the transferee,
may be examined with respect to the transfer and also with respect to any debts
or obligations existing between the transferee and the debtor. Further examination 25. A further examination shall not be conducted without leave of the court until 6 months from the completion of the preceding examination. Examination of other persons 26. Where difficulty arises in the enforcement of a judgment, the court may
order the examination of another person where the court considers it in the
interest of justice to do so. Who conducts examination 27. Where a creditor sets a time and a place for an examination under
subsection 66(1) of the Act, the examination shall be conducted before the
deputy registrar or assistant deputy registrar of the Supreme Court. Notice of examination 28. The form required under subsection 66(2) of the Act is a notice of
examination prepared and served personally on the debtor, or other person by
the sheriff on behalf of the creditor using the information, with respect to
time and place, provided by the deputy registrar or assistant deputy registrar.
Notice 29. (1)
The notice of examination shall notify the person to whom it is addressed of
the time and place of the examination and the party served shall have at least
(5) days notice of the hearing date. (2) A
judge may enlarge or abridge the notice period provided for in subsection (1). (3) The
attendance fee of a person, other than a debtor, to be examined shall be the
same as that paid to a witness under Schedule E of Rule 55 of the Rules of the Supreme Court, 1986. Manner of examination 30. An examination of a person shall be conducted in the same manner as in
the case of an oral examination of an opposing party under the Rules of the Supreme Court, 1986. Default procedure 31. Unless otherwise required by these regulations, the procedure prescribed
by Rule 30 of the Rules of the Supreme
Court, 1986 applies to an examination under these regulations. Oath and interpreter 32. (1) A person shall be sworn before he or she is examined. (2) Where
the person being examined does not understand English, or is hearing impaired
or speech impaired, the examining party shall provide a competent and
independent interpreter who shall be sworn to accurately interpret the
administration of the oath and the questions to be put to the person being
examined and his or her answers. Where person to be examined resides outside the province 33. (1) Where the person to be examined resides
outside the province, the court shall give directions respecting (a) the
place of examination; (b) the
person before whom the examination is to be conducted; (c) the
length of notice to be given; and (d) the
appointment of an interpreter, if one is required. (2) Where
the person to be examined resides outside the province is not a party, and is
not to be examined as an officer, director or manager of a corporate party, the
court shall fix the amount of attendance money to be paid. (3) Where
the examination is conducted outside the province, the oath may be administered
by the person before whom the examination is conducted or by a person
authorized to take affidavits in the province in the place where the
examination is conducted. Production on examination 34. (1) The person to be examined shall bring
to the examination and produce for inspection everything in his or her
possession, custody or control which is not privileged, and which is specified
in the notice of examination. (2) Where
it is not practicable for the person who is to be examined to bring to the
examination something which is required under subsection (1), he or she shall
make it available for inspection by the examining party at some other mutually
convenient time and place before the examination. (3) Where
a person admits upon examination that the person has in his or her possession,
custody or control something not previously disclosed which relates to the
matters in question and which is not privileged, he or she shall produce it for
inspection by the examining party (a) immediately,
if the person has it with him or her; or (b) within
2 days, if the person does not have it with him or her, and the examination may
be adjourned for that purpose. Re-examination on an examination in aid of enforcement 35. On an examination, a person may be re-examined by his or her own counsel
at the conclusion of the examination and the re-examination shall be proceeded
with immediately after the examination. Objections 36. (1)
Where a person being examined refuses to answer a question, the deputy
registrar or assistant deputy registrar shall record (a) the
question; (b) the
grounds for the refusal; and (c) a
brief statement of counsel in support of the question. (2) A
ruling with respect to the propriety of the question may be made only by the court,
to be obtained (a) by
a referral to a judge for ruling as provided in subsection (3); or (b) on
interlocutory application. (3) An
examination may be adjourned at any time by consent of the parties present in
order that a question may be referred immediately to a judge returnable on the
following day for a ruling with respect to the propriety of the question. (4) The
deputy registrar or assistant deputy registrar shall record the ruling and the
examination shall be resumed. Improprieties on examination 37. (1) An examination may be adjourned by the
person being examined or by a party present or represented on the examination
for the purpose of applying to the court for directions as to its continuation,
or for an order terminating the examination or limiting its scope where (a) the
right to examine is being abused by an excess of improper questions or
obstructed by an excess of improper interruptions or objections; (b) the
examination is being conducted in bad faith, or in an unreasonable manner so as
to annoy, embarrass or oppress the person being examined; (c) the
examination is excessive in length having regard to the nature of the
proceeding; (d) many
of the answers to the questions are evasive, unresponsive or unduly wordy; or (e) there
has been a neglect or improper refusal to produce a relevant document in the
possession, custody or control of the person being examined, which is not
privileged, and which he or she was required to produce by the notice of examination
served upon him or her. (2) On
application under subsection (1), the court may order, the person whose
improper conduct necessitated the application or the person who improperly
brought the application to personally pay the costs of the application, any
costs unnecessarily incurred and the costs of a continuation of the examination
and the court may fix those costs or make another order as may be just. Penalty for refusal or neglect 38. (1) Where a person refuses or neglects to attend or to remain in
attendance for examination or refuses to be sworn, or to answer a proper
question, or to produce a document which he or she is bound to produce, or to
comply with an order under, or to fulfil an undertaking, the court may, (a) where
an objection is held to be improper, order the person to re-attend at his or
her own expense and answer that question and any proper questions arising from
the answer; (b) order
the person to produce a document, to re-attend at his or her own expense and to
answer any proper questions arising from the document; (c) by
warrant cause the person being examined to be apprehended anywhere in the
province and brought before the court; and (d) make
another order, as may be just. (2) Where
a person is brought before the court under paragraph (1)(c), the person may be
detained in custody or released on those terms that the court may order, and
may be ordered to pay all costs arising out of the refusal or neglect. Examination to be recorded 39. Unless
the court orders, or the parties consent, otherwise, an examination in aid of
enforcement shall be recorded in question and answer form and the Recording of Evidence Act, with
necessary changes, shall apply. Contempt order 40. (1) Where a debtor (a) neglects
or refuses to attend for an examination; (b) attends
and refuses to disclose his or her property or transactions; (c) fails
to answer satisfactorily questions concerning his or her property or
transactions; or (d) discloses
that he or she concealed or disposed of property in order to defraud creditors, the
creditor may apply under section 126 of the Act for a contempt order. (2) Where
a person, other than a debtor, is liable to be examined in aid of enforcement
and neglects or refuses to attend for examination or attends and refuses to
disclose a matter in respect of which the person may be examined, the creditor
may apply under section 126 of the Act for a contempt order. Costs 41. A creditor entitled to enforce an order is entitled to the costs of an examination including the cost associated with issuing and service of the notice of examination. Non-appearance at examination 42. A debtor who has been served with a
notice of examination under section 66 of the Act and who is (a) hospitalized;
or (b) incompetent
at the time scheduled for the examination, shall not be
penalized for failure to appear at that examination. Financial questionnaire 43. Where a debtor who is a natural person completes a financial questionnaire under section 64 of the Act, he or she shall indicate on that questionnaire, his or her date of birth, street address, medical care insurance number and where held, his or her driver's licence number. PART IV Identification of property 44. Where a creditor gives instructions with respect to enforcement proceedings which include instructions to seize or sell personal property, those instructions shall be of sufficient detail to enable the sheriff to identify the property and its location. Seizure 45. (1)
Personal property is considered seized in accordance with paragraph 75(1)(b) of
the Act when a notice prescribed by the sheriff and describing the property is
affixed to the property in a reasonably secure manner so as to clearly indicate
that seizure but not in a manner that might lead to damage to that property. (2) A
notice of the terms of sale under subparagraph 81(g)(i) of the Act shall
include the name of the creditor who is proposing to purchase the property, the
notice of judgment registration number, the name of the debtor, the proposed
price for the property, the proposed date of the sale and, shall have attached,
copies of any written appraisals previously provided to the creditor intending
to purchase the property. Identification of property 46. Where a creditor gives instructions
with respect to enforcement proceedings which include instructions to sell real
property those instructions shall be of sufficient detail to enable the sheriff
to identify the property and its location. PART V Amendment of garnishee order 47. (1) Where a debtor's (a) income; (b) number
of dependants; (c) amount
owed to creditors; (d) exemptions
allowed under section 131 of the Act, change while
a garnishee order is in force, or where (e) there
has been an error in the estimation of an amount owed or in the calculation of
exemptions; (f) there is an agreement for a change between the debtor and all
creditors; and (g) there
was a defect or irregularity in the previous order, the sheriff
may, where appropriate, amend the garnishee order amount to reflect that
change. (2) A
person seeking to change the garnishee amount shall provide the sheriff with (a) instructions
in writing; (b) an
affidavit stating the facts that give rise to the request for the change and
the grounds for belief in those facts; and (c) a
copy of the original garnishee order. (3) A
garnishee order may be renewed before that order expires and shall be effective
in accordance with subsections 114(1) and (2) of the Act as if it were a new garnishee
order issued on the expiry date of the garnishee order. (4) A
garnishee order shall be renewed under subsection (3) upon application of the
creditor to the sheriff in the required form. (5) In
accordance with subsection 40(2) of the Act and paragraph 114(3)(e) of the Act,
the renewal of a garnishee order under subsection (3) shall not extend beyond a
date which is 10 years after the date of the original judgment. PART VI Exemptions 48. (1) The maximum number and value of
property exempt from enforcement proceedings under section 131 of the Act shall
be for (a) clothing
of the debtor and his or her dependants, a value totalling $4,000; (b) appliances
and household furnishings, a value totalling $4,000; (c) motor
vehicles of the debtor, a value totalling $2,000; (d) items
of a sentimental value to the debtor, a value totalling $500; (e) fuel
or heating as a necessity for the debtor and his or her dependants; (f) the debtor's equity in his or her principal residence, $10,000; and (g) personal
property use for income earning as referred to in paragraph 131(i) of the Act,
a total of $10,000. (2) For
the purpose of paragraph (1)(f), "principal residence" has the same
meaning as in subsection 131(2) of the Act. Income exemption 49. (1) The net income of a person who
is a debtor for a month that is exempt from enforcement proceedings shall be (a) in
the case of a person supporting a spouse, the sum of $1,019; (b) in
the case of a married person supporting a spouse and one dependant, the sum of
$1,059; (c) in
the case of a married person supporting a spouse and more than one dependant,
the sum of $1,059 plus $47 for each dependant in excess of one; (d) in
the case of a person supporting one or more dependants, the sum of $963 plus
$47 for each dependant in excess of one; and (e) in
the case of another person, the sum of $649. (2) Where
a debtor's number of dependants changes, the sheriff may amend an income
exemption certificate in accordance with subsection (1) to reflect that change. (3) For
the purpose of the Act and the regulations the terms "net income" and
"net pay" of a person who is a debtor are the total employment
earnings of that person less the following deductions: (a) income
tax deducted from those earnings under the Income
Tax Act ( (b) employment
insurance deducted from those earnings under the Employment Insurance Act ( (c) (d) pension
plan amounts deducted under the Pension
Benefits Act, 1996 or the Pension
Benefits Standards Act, 1985 ( (e) professional
membership and trade union dues considered deductible under the Income Tax Act ( (4) For
the purpose of this section "employment earnings" has the same meaning
as defined in paragraph 110(1)(b) of the Act. PART Records 50. (1)
The registry may contain records which refer to charges, liens and encumbrances
known to be outstanding against a debtor's property, notwithstanding that those
charges, liens and encumbrances arise under another Act or law and are not
governed by this Act. (2) Information
contained in the registry under subsection (1) shall be made available to the
public as determined by the sheriff. Required form 51. (1) The information required to
create a notice of judgment, amend a notice of judgment, create a notice of
attachment and amend a notice of attachment shall be in the required form. (2) Where
information required under the Act and the regulations is to be in or entered
on a required form, that information shall be entered and provided in the
manner required by that form and where that information is not entered and
provided in that manner, the sheriff may determine that the form and the
information on it is not to be filed in the registry until it is completed in a
manner that is satisfactory to the sheriff. Service of documents 52. (1) Where the sheriff or another
person is required under the Act to serve a document on a person, personal
service may be made by giving the document to the person to be served or by
leaving a copy for him or her at that person's most usual place of residence
with a resident of that same place who is apparently 16 years of age or older. (2) Personal
service upon a corporation may be made by giving the document to the president,
chairperson, mayor or other chief officer of the corporation or to the manager,
secretary, city or town manager or clerk or other similar officer or in the
manner provided under the Corporations
Act. (3) Personal
service upon a partnership or an enterprise may be made by giving the document
to one or more of the partners, or to a person at the principal place of
business of the partnership or enterprise who appears to manage or control the
partnership business or enterprise at that place. (4) Personal
service under subsections (1), (2) and (3) may be proved by a statement under
oath, written or oral by the person who made the service. (5) A
person shall not serve a document by using force, intimidation or threats. (6) Where
a document is not required to be served by personal service, the document may
be served by means of a telecopier (a) on
the solicitor of the person being served or that solicitor's agent; and (b) in
the case of service on a person other than under paragraph (a), at a telecopier
situated in a residence or a place of business located in the province. (7) In
order for a document to be served by means of a telecopier, the document shall
be sent by telecopier and (a) in
the case of service on the solicitor of the person being served or on that
solicitor's agent, be received and printed by a receiving telecopier that is
situated at the office of the solicitor or the solicitor's agent; and (b) in
the case of service on a person other than under paragraph (a), be received and
printed by a receiving telecopier that is situated in a residence or a place of
business located in the province. (8) A
telecopier may only be used under this section if the telephone number for the
telecopier at which service is to take place has a 7 digit number that appears
with the word "fax" or with a reference to a telecopier (a) in,
or attached to; or (b) on
a letter enclosing, a document
or notice under the Act or regulations, by, from or on behalf of the person to
be served or that person's solicitor or his or her agent. (9) Where
the sheriff is required to serve a notice or other document under the Act, and
the method is other than by personal service, the sheriff may serve that notice
or other document by ordinary mail and that service is considered to have been
made 7 days after the date on which it was mailed to the last known address of
the person or enterprise being served. (10) For
the purpose of subsection 75(3) of the Act, 3 attempts at personal service are
sufficient to establish an inability to serve enforcement documents. Expenses and costs 53. (1) In accordance with subsection
116(3) of the Act a garnishee is entitled to not more than $25 when a garnishee
order is first placed with the garnishee. (2) An
amount which may be added to the enforcement debt under subparagraph 22(a)(iv)
of the Act shall not be added to that enforcement debt without prior written
approval of the sheriff or his or her deputy and the sheriff or his or her
deputy may determine the validity of that amount and may accept or reject a
proposed amount or a portion of it. (3) Expenses
and costs referred to in paragraphs 154(1)(c) and 156(4)(a) of the Act may
include (a) fees
and expenses paid by the creditor to the sheriff; (b) fees
and expenses paid by the creditor to a person to serve a document required to
be served under this Act; (c) towing
charges; (d) storage
fees; (e) advertising
costs; (f) trucking costs; (g) auctioneer's
costs and fees; (h) searching
fees relating to (i) motor vehicle registration, (ii) the registration of a security interest in personal property, and (iii) the registration of land deeds in the
province; (i) appraisal costs; and (j) other fees, expenses and costs, which are
necessary to produce the distributable fund and the sheriff may determine if
those expenses and costs are reasonable and necessary to produce that fund. (4) Expenses
and costs under paragraph 154(1)(c) of the Act shall not include solicitor fees
except as ordered by the court. (5) Notwithstanding
subsection (4), where the sheriff incurs legal or other expenses or costs
because of a review of an objection under section 159 of the Act, and that
objection is, in accordance with subsection 159(2) of the Act found not to be effective,
those expenses or costs may be added to the outstanding amount of the
enforcement debt. Two dollar minimum 54. Where a debtor or another person is entitled to be paid an amount by way of a distribution according to Part XI of the Act, the sheriff shall not pay money to that debtor or other person where the amount to be paid is $2 or less and the amount shall be paid into the Consolidated Revenue Fund. Repeal 55. The
Judgment Enforcement Regulations,
Newfoundland Regulation 67/97, are repealed. Commencement 56. These regulations come into force on ©Earl G. Tucker, Queen's Printer |