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Newfoundland and Labrador
Regulation 2002


NEWFOUNDLAND AND LABRADOR REGULATION 21/02

NEWFOUNDLAND AND LABRADOR
REGULATION 21/02

Rules of the Supreme Court, 1986 (Amendment)
under the
Judicature Act

(Filed March 11, 2002)

Under the authority of section 55 of the Judicature Act, the Rules Committee of the Trial Division makes the following Rules.

Dated at St. John's, March 6, 2002.

Barry R. Sparkes, B.C.L.
Registrar of the Supreme Court
Secretary, Rules Committee

RULES

Analysis


        1.   Rule 5 Amdt.
COMMENCEMENT OF PROCEEDINGS

 

 

 

 

        2.   Rule 5A Added
COMMENCEMENT OF PROCEEDINGS FOR ENTRY OF JUDGMENT PURSUANT TO STATUTE AND ELECTRONIC FILING OF CERTAIN DOCUMENTS


 

        1. (1) Rule 5 of the Rules of the Supreme Court, 1986 is amended by renumbering rule 5.01 as 5.01(1), by deleting the phrase "Subject to rule 5.05(2)" and substituting the phrase "Subject to rules 5.01(2) and 5.05(2)" and by adding immediately after that rule the following:

             (2)  Notwithstanding anything to the contrary in this Rule, a proceeding to enter judgment pursuant to statute to enforce payment of a fine, late payment penalty, forfeiture, assessment or tax within Rule 5A shall be commenced and processed in accordance with the provisions of that Rule.

             (2)  Rule 5.04(3) of the rules is repealed and the following substituted:

             (3)  The file number assigned to a proceeding shall consist of the year of issue, a number, followed by the letter "T", to distinguish the judicial centre where the proceeding is commenced as follows:

 

01T

St. John=s

03T

Grand Falls

04T

Corner Brook

05T

Gander

06T

Grand Bank

08T

Happy Valley-Goose Bay

and then followed by the consecutive number of the proceeding in the order of filing in the Registry of the judicial centre where the proceeding is commenced.

 

        2. The rules are amended by adding immediately after Rule 5 the following:

RULE 5A
COMMENCEMENT OF PROCEEDINGS FOR ENTRY OF JUDGMENT PURSUANT TO STATUTE
AND ELECTRONIC FILING OF CERTAIN DOCUMENTS

Interpretation

 

5A.01. (1) In this Rule 5A,

             (a)  "adjudicating body" means the Trial Division, the Provincial Court of Newfoundland and Labrador, the Workplace, Health, Safety and Compensation Commission or the Minister of Finance, as the case may be;

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

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

             (d)  "designated certifying official" means the administrative officer, clerk, secretary or chief executive officer having access to the records of an adjudicating body, and designated by law or by the senior administrative official of that body, or by the Attorney General of the province in relation to claims by the Attorney General, to certify the correctness of information relating to fines, late payment penalties, forfeitures, assessments and taxes of that body;

             (e)  "electronic seal" means a screened image of the Seal of the Trial Division which is used by software applications authorized by the Registrar that are protected by a password to which only the Registrar or persons designated by the Registrar have access;

              (f)  "electronic signature" means a screened image of the signature of a person which is used by authorized applications that are protected by a password to which only the person whose signature is to be electronically reproduced, or a person authorized by that person, has access;

             (g)  "judgment claimant" means

                      (i)  the Attorney General of the province acting pursuant to section 33 of the Provincial Offences Act to enforce, by way of civil judgment, payment of a fine and late payment penalty imposed under a provincial statute,

                     (ii)  the Attorney General of Canada or the Attorney General of the province acting pursuant to section 734.6 of the Criminal Code to enforce, by way of civil judgment, payment of a fine or forfeiture imposed under a statute of the Parliament of Canada,

                    (iii)  the Workplace, Health, Safety and Compensation Commission acting pursuant to section118 of the Workplace, Health, Safety and Compensation Act to enforce, by way of civil judgment, payment of an assessment made under that Act, and

                    (iv)  the Minister of Finance acting pursuant to

                            (A)  section 27 of the Mining and Mineral Rights Tax Act,

                            (B)  section 29 of the Gasoline Tax Act,

                            (C)  section 9 of the Health and Post-Secondary Education Tax Act,

                            (D)  section 21 of the Insurance Companies Tax Act,

                             (E)  section 36 of the Tobacco Tax Act,

                             (F)  section 28 of the Financial Corporations Capital Tax Act,

                            (G)  section 47 of the Retail Sales Tax Act, or

                            (H)  subsection 5(2) of the School Tax Authorities Winding Up Act,

to enforce, by way of civil judgment, payment of a tax, interest or penalties imposed under such Act or Acts; and

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

             (2)  Documents filed under this Rule may be filed electronically and judgments may be entered electronically by using the approved software and document templates.

             (3)  A document filed electronically shall be deemed to have been filed at the time and on the date the electronic system assigns the time and date of filing.

Entry of judgment

 

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

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

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

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

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

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

             (2)  Upon the filing of a certificate, the Registrar, either manually or using the approved software, shall

             (a)  assign or cause to be assigned a file number in accordance with rule 5.04(1)(a) and record the date of filing;

             (b)  examine the certificate to be satisfied that

                      (i)  the requirements of the applicable legislation for the entry of judgment have been satisfied, and

                     (ii)  if the certificate has been filed electronically, that the certificate has been signed by a designated certifying official using an electronic signature;

             (c)  if so satisfied, cause a judgment of the court, in which the judgment claimant shall be described as AClaimant@ and the person whom the certificate identifies as the person who owes the fine, late payment penalty, forfeiture, assessment or tax shall be described as ADefendant@, to be entered either in conventional form or using the judgment template; and

             (d)  provide a copy of the judgment so entered to the judgment claimant.

             (3)  Where he is not satisfied that the requirements of the applicable legislation for the entry of judgment have been satisfied or that the amount claimed is  correct or that the person named in the certificate has been correctly named or described, the Registrar may

             (a)  reject the certificate and refuse to enter any judgment;

             (b)  request a further or amended certificate or other document; and

             (c)  require the judgment claimant to make an application to court for determination of the matter by a judge.

             (4)  A judgment claimant may at any time apply to the court for the entry of judgment or for the determination of any other matter in accordance with this Rule.

             (5)  On any application to the court pursuant to rule 5A.02(3)(c) or rule 5A.02(4), the court may order that notice and an opportunity to be heard be given to the person against whom judgment is sought to be entered and to any other person who may be affected by the application.

Filing fees

 

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

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

Records

 

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

             (2)  Where a judgment entered pursuant to this Rule is or is to be stored electronically, it shall be deemed to have been properly entered if

             (a)  the judgment is created by using the approved software and any judgment templates associated therewith; 

             (b)  it has affixed thereto the electronic signature of the Registrar or of any person to whom the duty of the Registrar has been assigned pursuant to section 63(2) of the Judicature Act; and

             (c)  it has affixed thereto the electronic seal of the court.

             (3)  A printed copy of a judgment entered electronically pursuant to this Rule shall be deemed to be a true copy of the judgment so entered, if

             (a)  it is printed from the data base storing the judgment using the approved software; and

             (b)  it is so certified by the Registrar.

             (4)  Where a copy of a judgment entered electronically pursuant to this Rule is to be transmitted electronically to another person, it shall be deemed to be a true copy of the judgment so entered if it contains a certificate stating that it is printed from the data base storing the judgment using the approved software and the certificate contains the electronic signature of the Registrar.

Amendments

 

5A.05. (1) Either before or after entry of judgment pursuant to this Rule, a judgment claimant may amend the certificate or apply to amend any judgment entered pursuant thereto to correct the name of the defendant or the amount of the money claimed by filing a further certificate with the amended information and with an explanation for the error.

             (2)  Where the Registrar is satisfied that the error in the original certificate or judgment was a clerical mistake or arose from an accidental mistake or omission, he may make the amendment, and cause an amended judgment to be entered accordingly.

Application to set aside judgment

 

5A.06. Where a judgment is entered pursuant to this Rule, the person against whom it is entered may apply to the court pursuant to rule 29.13 to set aside or vary the judgment on the grounds that

             (a)  there was an error in the certificate or the judgment entered pursuant thereto, as to the amount of money due by that person;

             (b)  that person is not the person named in or intended to be affected by the certificate or judgment; or

             (c)  the requirements of the applicable legislation for the entry of judgment have not been satisfied,

or on such other grounds as may be appropriate.


Form 5A.01A

(rule 5A.01(1)(c))

20 ____ 01T ____

In the Supreme Court of Newfoundland and Labrador
Trial Division

BETWEEN   A.B. _______________ CLAIMANT

                                             and

                      C.D. _______________ DEFENDANT

Certificate

I,                          ,                          , being  the designated certifying official of the Claimant, make oath and say as follows:

               1.  The name and current known address of the person who is subject to and liable to pay the fine(s), late payment penalty(ies), forfeiture(s), assessment(s) or tax(es) are:

               2.  The fine(s), late payment penalty(ies), forfeiture(s), assessment(s) or tax(es), as the case may be, was(were) imposed and the amount or amounts thereof as well the date(s) of imposition and the date(s) when the amount(s) became payable are:  

               3.  The fine(s), late payment penalty(ies), forfeiture(s), assessment(s) or tax(es) or any portion(s) thereof (and if a portion(s), the amount(s) of such portion(s)) was(were) not paid within the time(s) allowed for payment;

               4.  The amount or amounts for which judgment is sought to be entered is(are):

               5.  I have knowledge of the information in this Certificate and am duly authorized to make this Certificate and to request that the amount(s) claimed be entered as a judgment, or to file this Certificate as a judgment of the court, pursuant to the provisions of ________________________________________________________.

SWORN (OR AFFIRMED) to at St. John's, Newfoundland and Labrador this _______ day of _______, 20_____, before me:

___________________________________

Designated Certifying Official


Form 5A.01B

(rule 5A.01(1)(h))

20 ____ 01T ____

In the Supreme Court of Newfoundland and Labrador
Trial Division

BETWEEN   A.B. _______________ CLAIMANT

                                             and

                      C.D. _______________ DEFENDANT

Order

The Defendant, having failed to pay the fine(s), late payment penalty(ies), forfeiture(s), assessment(s) or tax(es) listed on the Certificate filed herein as owing to the Claimant within the time allowed for payment, as certified by the designated certifying official,

It is hereby ordered that judgment be entered against the Defendant in favour of the Claimant pursuant to the provisions of __________ the sum of $          , being the total amount of the fine(s), late payment penalty(ies), forfeiture(s), assessment(s) and tax(es) listed on the said Certificate filed herein as owing by the Defendant, and that a copy of this Order be served on the Defendant either personally or by ordinary mail at the Defendant's last known address.

Dated at St. John's, Newfoundland and Labrador, this __________ of __________, 20____.

Registrar of the Supreme Court