BILL 28

An Act to Amend the Enforcement of Money Judgments Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Section 1 of the Enforcement of Money Judgments Act, chapter 23 of the Acts of New Brunswick, 2013, is amended in the definition “judgment” by repealing paragraph (a) and substituting the following:

(a)  a judgment of the court, of The Probate Court of New Brunswick, of The Court of Appeal of New Brunswick or of the Supreme Court of Canada,

2 Subsection 46(2) of the Act is amended in the portion preceding paragraph (a) by striking out “(1)(b) or (c)” and substituting “(1)(b) or (d)”.

3 The heading “Statement of assets and liabilities” preceding section 53 of the Act is amended by striking out “assets” and substituting “property”.

4 Subsection 66(1) of the Act is repealed and the following is substituted:

66( 1) At the request of a person with whom the sheriff is dealing under section 65 and on receipt of the prescribed fee, the sheriff shall provide a certificate in prescribed form of the sheriff’s authority to act under that section.

5 The heading “Payment by instructing creditor” preceding section 69 of the Act is repealed and the following is substituted:

Sheriff may require payment, security or indemnity

6 Section 100 of the Act is repealed and the following is substituted:

Regulations

100 The Lieutenant-Governor in Council may make regulations

(a)  prescribing amounts that form part of the amount recoverable;

(b)  prescribing the forms, documents and information that this Act refers to as being prescribed;

(c)  prescribing other forms, documents or information to be used or provided under this Act;

(d)  prescribing the fees that this Act refers to as being prescribed;

(e)  prescribing other fees for services provided or actions taken under this Act;

(f)  respecting procedures to be followed under this Act;

(g)  respecting the exercise of any power of a sheriff under this Act;

(h)  establishing requirements for court authorization to be obtained for actions taken under this Act, and the criteria for such authorization;

(i)  defining any word or expression used in but not defined in this Act;

(j)  generally, for the administration of this Act and for carrying out its purposes.

7 Paragraph 101(1)(b) of the English version of the Act is amended by striking out “order of seizure and sale” and substituting “order for seizure and sale”.