Bill 28 - Enforcement of Canadian Judgments Act

BILL 28

Enforcement of Canadian Judgments Act

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

PART 1

DEFINITIONS, INTERPRETATION
AND APPLICATION

Definitions

1 The following definitions apply in this Act.

“Canadian civil protection order” means a Canadian judgment or a portion of a Canadian judgment that prohibits a person from (ordonnance civile de protection canadienne)

(a) being in physical proximity to a specified person or following a specified person from place to place,

(b) contacting or communicating with a specified person, directly or indirectly,

(d) engaging in harassing or threatening conduct directed at a specified person.

“Canadian judgment” means any of the following but not does include a judgment, decree or order referred to in section 2: (jugement canadien)

(a) a judgment, decree or order made in a civil proceeding by a court of a province or territory of Canada other than New Brunswick

( i) that requires a person to pay money,

( ii) under which a person is required to do or not do an act or thing, or

( iii) that declares rights, obligations or status in relation to a person or thing;

(b) an order for the payment of money that is made in the exercise of a judicial function by a tribunal of a province or territory of Canada other than New Brunswick and that is enforceable as a judgment of the superior court of unlimited trial jurisdiction in that province or territory;

(d) a Canadian tax judgment.

“Canadian tax judgment” means (jugement canadien de nature fiscale)

(a) a judgment made by a court of a province or territory of Canada other than New Brunswick for the recovery of an amount of money payable under a law imposing a tax, or

(b) a certificate of an amount of money payable under a law imposing a tax that is

( i) registered in a court of a province or territory of Canada other than New Brunswick, and

( ii) deemed under the law of that province or territory to be a judgment of that court.

“Court of King’s Bench” means The Court of King’s Bench of New Brunswick. (Cour du Banc du Roi)

“enforcement” includes requiring that a Canadian judgment be recognized by any person or authority whether or not further relief is sought. (exécution)

“enforcing party” means a person entitled to enforce a Canadian judgment in the province or territory where the judgment was made. (partie procédant à l’exécution)

“registered Canadian judgment” means a Canadian judgment that is registered under this Act. (jugement canadien enregistré)

Exclusions from “Canadian judgment” definition

2 The following are excluded from the definition “Canadian judgment” in section 1:

(a) a judgment, decree or order made in a civil proceeding by a court of a province or territory of Canada other than New Brunswick that

( i) is for maintenance or support, including an order enforceable under the Support Enforcement Act,

( ii) is for the payment of money as a penalty or fine for committing an offence,

( iii) relates to the care, control or welfare of a minor, other than a Canadian civil protection order,

( iv) relates to the granting of probate or letters of administration or the administration of the estate of a deceased person, or

( v) recognizes or enforces a judgment of a court of another province or territory of Canada or of a foreign country; or

(b) an order, made by a tribunal of a province or territory of Canada other than New Brunswick, for relief other than the payment of money whether or not it is enforceable as a judgment of the superior court of unlimited trial jurisdiction in that province or territory.

Application

3( 1) This Act applies to a Canadian judgment, other than a Canadian civil protection order, made in a proceeding commenced

(a) on or after the date of the commencement of this section, or

(b) before the date of the commencement of this section, provided that the party against whom the enforcement is sought took part in the proceeding.

3( 2) This Act applies to a Canadian civil protection order made before, on or after the date of commencement of this section.

PART 2

REGISTRATION AND ENFORCEMENT
OF CANADIAN JUDGMENTS

Registration

4( 1) In this section, “consumer goods or services” means goods or services purchased for purposes other than use in the course of a trade, business or profession.

4( 2) Subject to subsection (3), a Canadian judgment, whether or not it is a final judgment, may be registered under this Act for the purposes of enforcement.

4( 3) A Canadian judgment that requires a person to pay money may not be registered under this Act unless it is a final judgment.

4( 4) A judgment containing provisions that constitute a Canadian judgment and provisions that do not may be registered under this Act, but only the provisions that constitute a Canadian judgment may be enforced under this Act.

4( 5) A Canadian judgment may not be registered under this Act if

(a) it is against an individual who

( i) resides in New Brunswick, and

( ii) did not take part in the proceeding, and

(b) it enforces

( i) a contract for the purchase of consumer goods or services within New Brunswick, or

( ii) a contract of employment under which the individual’s place of employment is in New Brunswick.

Procedure for registration

5( 1) An enforcing party may submit a Canadian judgment for registration under this Act by paying the fee prescribed by regulation and by filing with a clerk of the Court of King’s Bench the following documents:

(a) a copy of the judgment, certified as true by a judge, registrar, clerk or other proper officer of the court or tribunal that made the judgment;

(b) an affidavit containing the statements and information prescribed by regulation;

(d) any other document prescribed by regulation.

5( 2) The clerk of the Court of King’s Bench shall register the Canadian judgment on receiving the fee and documents referred to in subsection (1).

5( 3) If, after a Canadian judgment is registered under this Act, an order staying or limiting the enforcement of the judgment, or an order varying, setting aside or providing other relief in respect of the judgment, is made in the province or territory where the judgment was made, the enforcing party shall file the order as soon as the circumstances permit with a clerk of the Court of King’s Bench.

Effect of registration

6 Subject to sections 7, 8 and 9, a registered Canadian judgment may be enforced in New Brunswick as if it were an order or judgment of, and entered in, the Court of King’s Bench.

Time limit for enforcement

7( 1) A registered Canadian judgment that requires a person to pay money may not be enforced under this Act if a time limit for enforcement has expired, whether it is

(a) a time limit applicable in the province or territory where the judgment was made, or

(b) a time limit that would apply in New Brunswick if the judgment had been made in New Brunswick on the date it became enforceable in the province or territory where it was made.

7( 2) Equitable doctrines and rules of law in relation to delay apply to the enforcement of a registered Canadian judgment that provides for relief other than the payment of money.

Effect of order staying or limiting enforcement

8 If an order staying or limiting the enforcement of a registered Canadian judgment is made in the province or territory where the judgment was made, the order applies, with the necessary modifications, to the enforcement of the judgment in New Brunswick, whether or not the order is filed with a clerk of the Court of King’s Bench.

Application to Court of King’s Bench

9( 1) If a Canadian judgment has been registered under this Act, a party to the proceeding may apply to the Court of King’s Bench to set aside the registration or for directions respecting the enforcement of the judgment.

9( 2) On an application under subsection (1), the Court of King’s Bench shall make an order setting aside the registration of the registered Canadian judgment if it does not meet the requirements relating to registration set out in section 4.

9( 3) On an application under subsection (1), the Court of King’s Bench may make an order

(a) setting aside the registration of, or staying or limiting the enforcement of, the registered Canadian judgment, subject to any terms and for any period the Court of King’s Bench considers appropriate, if

( i) an order staying or limiting the enforcement of the judgment is made in the province or territory where the judgment was made,

( ii) an order varying, setting aside or providing other relief in respect of the judgment is made in the province or territory where the judgment was made,

( iii) the party against whom enforcement is sought has brought, or intends to bring, in the province or territory where the judgment was made, a proceeding to set aside, vary or obtain other relief in respect of the judgment, or

( iv) a similar type of order could be made in respect of an order or judgment of the Court of King’s Bench under the Rules of Court or an Act of the Legislature relating to legal remedies and the enforcement of orders and judgments,

(b) modifying the judgment as may be required to make it enforceable in conformity with local practice, or

9( 4) Despite subsections (2) and (3), the Court of King’s Bench may not make an order setting aside the registration of, or staying or limiting the enforcement of, a registered Canadian judgment on the grounds that

(a) the court or tribunal that made the judgment lacked jurisdiction over the subject matter of the proceeding or over the party against whom enforcement is sought, under

( i) the principles of private international law of New Brunswick, or

( ii) the domestic law of the province or territory where the judgment was made,

(b) the Court of King’s Bench would have reached a different decision relating to a finding of fact or law or an exercise of discretion than the court or tribunal that made the judgment, or

9( 5) An application for directions shall be made under subsection (1) before any measures are taken to enforce a registered Canadian judgment if

(a) the enforcement of the judgment is subject to the fulfilment of a condition set out in the judgment, or

(b) the judgment is not a Canadian tax judgment or a Canadian civil protection order and the judgment was obtained without notice to the party against whom enforcement is sought.

Interest

10 If a registered Canadian judgment requires a person to pay money, interest on the judgment is payable

(a) in accordance with the terms of the judgment, or

(b) if the judgment does not specify a rate of interest, in accordance with the law governing the calculation of interest on the judgment in the province or territory where it was made.

Recovery of registration costs

11 An enforcing party is entitled to recover all costs, fees, charges and disbursements reasonably incurred in registering a Canadian judgment under this Act.

Prohibition against action

12 A Canadian judgment may not be enforced in New Brunswick by an action on the judgment.

PART 3

CANADIAN CIVIL
PROTECTION ORDERS

Registration permitted

13 A Canadian civil protection order may be registered and enforced as a Canadian judgment under this Act.

Deeming of order

14 A Canadian civil protection order, whether or not it is a registered Canadian judgment, is deemed to be an order of the Court of King’s Bench and may be enforced in the same manner as an order of the Court of King’s Bench.

Enforcement by law enforcement agencies

15( 1) A Canadian civil protection order, whether or not it is a registered Canadian judgment, may be enforced by a law enforcement agency in New Brunswick in the same manner as an order of the Court of King’s Bench.

15( 2) Even if a Canadian civil protection order provides for enforcement by another law enforcement agency in Canada, it may be enforced by a law enforcement agency in New Brunswick.

Immunity

16 No action or other proceeding lies or shall be instituted against a law enforcement agency in New Brunswick or an employee or agent of the law enforcement agency for anything done in good faith or for anything omitted in good faith in the enforcement of a Canadian civil protection order or a purported Canadian civil protection order.

PART 4

GENERAL

Regulations

17 The Lieutenant-Governor in Council may make regulations

(a) prescribing fees for the purposes of subsection 5(1);

(b) prescribing statements and information for the purposes of paragraph 5(1)(b);

(d) defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations or both; and

(e) respecting any other matter that may be necessary for the proper administration of this Act.

PART 5

TRANSITIONAL PROVISION,
CONSEQUENTIAL AMENDMENTS,
REPEALS AND COMMENCEMENT

Continued application of Canadian Judgments Act and regulation under that Act

18 Despite the repeal of the Canadian Judgments Act, chapter 123 of the Revised Statutes, 2011, and of New Brunswick Regulation 2003-18 under that Act, and despite any inconsistency with the provisions of this Act and any regulation under this Act, the provisions of that Act and regulation, as they existed immediately before the date of the commencement of this section, continue to apply to a Canadian judgment, other than a Canadian civil protection order, made in a proceeding commenced before the date of the commencement of this section and in which the party against whom enforcement is sought did not take part.

Judicature Act

19 Schedule B of the Judicature Act, chapter J-2 of the Revised Statutes, 1973, is amended

(a) by striking out

Canadian Judgments Act

(b) by adding after

Education Act

the following:

Enforcement of Canadian Judgments Act

New Brunswick Income Tax Act

20 Subsection 96(1) of the New Brunswick Income Tax Act, chapter N-6.001 of the Acts of New Brunswick, 2000, is amended by striking out “Canadian Judgments Act” and substituting “Enforcement of Canadian Judgments Act”.

Repeal of the Canadian Judgments Act

21 The Canadian Judgments Act, chapter 123 of the Revised Statutes, 2011, is repealed.

Repeal of regulation under the Canadian Judgments Act

22 New Brunswick Regulation 2003-18 under the Canadian Judgments Act is repealed.

Commencement

23 This Act or any provision of this Act comes into force on a day or days to be fixed by proclamation.