NEWFOUNDLAND AND LABRADOR REGULATION 90/01

NEWFOUNDLAND AND LABRADOR
REGULATION 90/01

Judgment Enforcement Regulations, 1999 (Amendment)
under the
Judgment Enforcement Act
(O.C. 2001-692)

(Filed December 17, 2001)

Under the authority of section 181 of the Judgment Enforcement Act, the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John's, November 7, 2001.

Deborah E. Fry
Clerk of the Executive Council

REGULATIONS

Analysis

NLR 102/99

1. (1) Section 2 of the Judgment Enforcement Regulations, 1999 is amended by adding immediately after paragraph (b) the following:

(b.1) "cohabiting partner" means either of 2 persons who are cohabiting in a conjugal relationship outside of marriage or have cohabited in such a relationship within the preceding year;

(2) Paragraph 2(h) of the regulations is repealed and the following substituted:

(h) "spouse" means either of 2 persons 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 a marriage with each other, in good faith, that is void and are cohabiting or have cohabited with each other within the preceding year.

2. (1) Paragraph 49(1)(a) of the regulations is amended by adding the words "or cohabiting partner" after the word "spouse".

(2) Paragraphs 49(1)(b) and (c) of the regulations are amended by striking out the words "married person supporting a spouse" and substituting the words "person supporting a spouse or cohabiting partner".

3. Section 53 of the regulations is amended by adding immediately after subsection (5) the following:

(6) Where a creditor or another person is entitled to be paid an amount by way of a distribution under the Act and the creditor or other person owes fees to the sheriff in respect of a service previously provided to him or her by the sheriff, the sheriff may deduct from the amount to which the person is entitled an amount equal to the amount owed.