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Statutes of Newfoundland 1997


CHAPTER 12

CHAPTER 12

AN ACT TO AMEND THE SMALL CLAIMS ACT

(Assented to May 20, 1997)

Analysis

1. S.2 Amdt.
Definitions

2. S.3 Amdt.
Jurisdiction

3. S.4 R&S
Representation

4. S.5 Amdt.
Matters beyond
jurisdiction

5. S.6 Amdt.
Transfer of proceeding

6. S.10 Amdt.
Enforcement

7. S.11 R&S
Payment and
non-compliance
hearings

8. SN1996 cJ-1.1
Amdt.

9. Commencement

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


RSN1990 cS-16

1. Section 2 of the Small Claims Act is amended by adding the following immediately after paragraph (b):

(b.1) "creditor" means a person who, by order of the court, a debtor is required to pay;

(b.2) "debtor" means a person, who by order of the court, is required to pay a creditor;

2. (1) Subsection 3(1) of the Act is amended by striking out the number "$3,000" and substituting the words "the amount prescribed by regulation".

(2) Section 3 of the Act is further amended by adding the following immediately after subsection (2):

(3) The Lieutenant-Governor in Council may make regulations prescribing the maximum amount of a claim over which a judge has jurisdiction under subsection (1).

3. Section 4 of the Act is repealed and the following substituted:

Representation

4. (1) In proceedings under this Act, a party may be represented by

(a) a solicitor;

(b) an articled clerk; or

(c) an agent.

(2) Where a judge, presiding over proceedings under this Act, finds that an agent, appearing on behalf of a party, is not competent to properly represent the party, or does not understand and comply at the proceedings with the duties and responsibilities of an advocate, the judge may exclude the agent from the proceedings.

4. Subsection 5(1) of the Act is amended by striking out the phrase "specified in section 3" immediately after the words "the amount" and substituting the words "prescribed by regulation".

5. (1) Paragraph 6(3)(b) of the Act is amended by striking out the phrase "as described in section 3" at the end of the paragraph.

(2) Subsection 6(4) of the Act is amended by striking out the phrase "set out in section 3" at the end of the subsection, and substituting the phrase "prescribed under subsection 3(3)".

6. Subsection 10(2) of the Act is repealed and the following substituted:

(2) Judgments and orders of a judge may be enforced by orders for payment, including payment schedules, and by payment hearings, in accordance with the rules.

(3) Where a judge orders a payment schedule under the rules, that order shall be considered to be an instalment order issued under subsection 146(2) of the Judgment Enforcement Act.

(4) A subpoena, summons or order, other than an order for the payment of money, including the payment of money by a payment schedule, issued by the court or given by a judge, is enforceable by contempt.

(5) The penalties for contempt shall be as prescribed by the rules.

7. Section 11 of the Act is repealed and the following substituted:

Payment and non-compliance hearings

11. (1) The rules committee may make rules which provide for the enforcement of judgments and the examinations of persons at payment hearings, including rules

(a) which require a debtor or another person to appear for a payment hearing at a time and place mentioned in the summons;

(b) which require a debtor or another person to bring to a payment hearing those documents which may be described in the summons;

(c) giving debtors and creditors a right to request a payment hearing; and

(d) prescribing the types of evidence which may be brought before the court at a payment hearing.

(2) A judge may

(a) order a payment hearing;

(b) cancel or postpone a hearing where a creditor does not attend the hearing;

(c) issue a warrant to bring a person before the court; and

(d) provide a remedy at the conclusion of a payment hearing,

in accordance with the rules.

(3) An examination of the debtors means shall be held in private and no person other than the judge, the court officers, the creditor and the debtor and their representatives may be present.

SN1996 cJ-1.1 Amdt.

8. Subsections 146(11), (12) and (13) of the Judgment Enforcement Act are repealed and the following substituted:

(11) An order for a payment schedule shall not be issued under subsection 10(2) of the Small Claims Act where an instalment order issued in accordance with this section is in effect.

(12) Where an order for a payment schedule is made under subsection 10(2) of the Small Claims Act,

(a) money received under the order shall be considered money received by the sheriff as a result of enforcement proceedings under this Act upon the instructions of the small claims creditor;

(b) where there are only small claims creditors, the money referred to in paragraph (a) may be distributed by the Provincial Court in accordance with the provisions of Part XI; and

(c) the sheriff shall not issue an instalment order under this section.

(13) Notwithstanding paragraph (12)(c), a creditor who is not a small claims creditor may apply to the court for an instalment order and the court may order that an instalment order be issued in accordance with this section.

(14) Where an instalment order is issued by the court under subsection (13), the order for a payment schedule shall cease to be in effect.

(15) Notwithstanding subsection (14), where an instalment order is issued under subsection (13), for the purpose of distribution under section 154, the creditor with the order for a payment schedule under subsection 10(2) of the Small Claims Act is considered to be the instructing creditor.

(16) 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.

Commencement

9. (1) This Act comes into force on June 1, 1997.

(2) Notwithstanding subsection (1), sections 2, 4 and 5 of this Act shall come into force on a day to be proclaimed by the Lieutenant-Governor in Council.

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