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

Analysis


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

 
5A.01 Interpretation


5A.02 Entry of judgment


5A.03 Filing fees


5A.04 Records


5A.05 Amendments


5A.06 Application to set aside judgment


Interpretation

5A.01. (1) In this Rule 5A,

             (a)  "adjudicating body" means the Court, 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 Chief Executive Officer in consultation with the Chief Justice of the Supreme Court 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 Chief Executive Officer in consultation with the Chief Justice of the Supreme Court;

             (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 Court which is used by software applications authorized by the Chief Executive Officer in consultation with the Chief Justice of the Supreme Court that are protected by a password to which only the Chief Justices and the Chief Executive Officer or persons designated by the Chief Justices and the Chief Executive Officer 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 Chief Executive Officer in consultation with the Chief Justice of the Supreme Court.

             (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.

21/02 s2; 30/10 s4; 36/14 s7; 9/18 s4

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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 Court to be entered against the person liable to pay it, the judgment claimant shall, using the certificate template, file with the Court 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 A Claimant @ 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 A Defendant @ , 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.

21/02 s2; 30/10 s5; 36/14 s8

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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 Court by ordinary mail or otherwise cause to be delivered to the Court 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 Chief Executive Officer 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.

36/14 s9

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Records

5A.04. (1) The Chief Executive Officer in consultation with the Chief Justice of the Supreme Court may establish and the Registrar may 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; 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.

21/02 s2; 36/14 s10; 9/18 s5

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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.

21/02 s2

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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.

21/02 s2