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Statutes of Newfoundland and Labrador 2006


CHAPTER 9

AN ACT TO AMEND THE SHERIFF’S ACT, 1991

(Assented to May 26, 2006)

Analysis


        1.   S.2 Amdt.
Definitions

        2.   S.19 Amdt.
Finance


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

SNL1991 c39
as amended

        1. Paragraph 2(c) of the Sheriff’s Act, 1991 is repealed and the following substituted:

 

             (c)  "minister" means the minister appointed under the Executive Council Act to administer this Act;

             (2)  Section 2 of the Act is amended by adding immediately after paragraph (c), the following:

          (c.1)  "person" includes a natural person and his or her executors, administrators and other legal representatives and also includes a firm, partnership, corporation and an unincorporated society or association; and

 

        2. Subsections 19(2) and (3) of the Act are repealed and the following substituted:

             (2)  A person entitled to money paid into the Consolidated Revenue Fund under subsection (1) may apply to the minister for a declaration that the person is legally entitled to the money.

             (3)  An application for a declaration under subsection (2) shall be made in writing to the minister and shall be accompanied by

             (a)  a statement, sworn or affirmed by the applicant, containing the information relating to the application; and

             (b)  a bond of indemnity granted and executed by the applicant in favour of and in a form satisfactory to the minister for an amount not less than the amount of the money applied for.

             (4)  Where the minister is satisfied that a person applying under subsection (2) is entitled to the money, the minister shall,

             (a)  not sooner than 15 days after receipt of the application; and

             (b)  not later than 30 days after receipt of the application

notify the Minister of Finance in writing of the applicant's entitlement.

             (5)  Upon receipt of the minister's notification provided under subsection (4), the Minister of Finance shall pay the money and interest from the Consolidated Revenue Fund to the person entitled to it.

             (6)  Where the minister is not satisfied of the applicant’s entitlement to the money and refuses to direct the Minister of Finance to pay it to the applicant, the applicant may, within 15 days of the minister’s decision, apply to a judge of

             (a)  the Provincial Court, where the amount is $5,000 or less; or

             (b)  the Trial Division, where the amount is greater than $5,000,

for an order and the judge of the Provincial Court or the Trial Division may issue an order

             (c)  stating that the person is legally entitled to the money; and

             (d)  directing the Minister of Finance to pay over to the person the money and interest that are set out in the order.

             (7)  Notwithstanding subsection (4), where the minister is notified within 15 days of receipt of the application under subsection (2) that a third party claims an interest in the money the minister shall

             (a)  refuse to pay the money to the applicant; and

             (b)  direct the third party to make application within 15 days to the court as provided in paragraphs (6)(a) or (b).

             (8)  Where a third party fails to make application to the court within the 15 days allotted under subsection (7) and the minister is satisfied of the applicant’s entitlement and the applicant has complied with the requirements under subsection (3), the minister shall direct the Minister of Finance to pay the money and interest from the Consolidated Revenue Fund to the applicant.

             (9)  Upon receipt of an order under subsection (6), or the minister’s direction under subsection (8), the Minister of Finance shall pay from the Consolidated Revenue Fund to the person entitled to it the money and interest set out in the order.