This Act sets out how Manitoba deals with convention-based recognition and enforcement of judgments, gives the minister and Lieutenant Governor in Council regulation-making roles, and sets when the Act and schedule come into force.
The Enforcement of Judgments Conventions Act, C.C.S.M. c. E117 (Assented to August 18, 2000) bilingual version (HTML) Table of Contents Section 1 Definitions 2 Designation of jurisdiction and court 3 Convention in force in the province 4 King's Bench has jurisdiction 5 Conflict with other Acts 6 Regulations 7 Consequential amendments to The Family Maintenance Act 8 C.C.S.M. reference 9 Coming into force Schedule Repealed HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: Definitions 1 In this Act, "convention" means a convention, treaty or other international agreement that is concluded between Canada and another country respecting the recognition and enforcement of judgments, and that is set out in a schedule to this Act; (« convention ») "minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre ») Designation of jurisdiction and court 2 The minister shall, in respect of a convention, request the Government of Canada to designate (a) Manitoba as a territorial unit to which a convention extends; and (b) the Court of King's Bench as the court to which application may be made for registration of a judgment rendered by a court of the country with which the convention has been concluded. Convention in force in the province 3 A convention is in force in Manitoba and its provisions are law in Manitoba from the date the convention comes into force in Manitoba, as determined by the convention. King's Bench has jurisdiction 4 His Majesty's Court of King's Bench for Manitoba is the court to which application may be made for registration of a judgment given by a court of a country with which a convention has been concluded. Conflict with other Acts 5 Where there is conflict between this Act and any other Act on recognition and enforcement of foreign judgments, this Act prevails. Regulations 6 The Lieutenant Governor in Council may make regulations (a) respecting proceedings for the recognition of judgments governed by a convention, including receiving judgments from the other country and forwarding judgments to that country; (b) designating the competent authority to certify copies of judgments to be enforced in a country with which a convention has been concluded; (c) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the intent and purpose of this Act. 7 NOTE: This section contained consequential amendments to The Family Maintenance Act which are now included in that Act. C.C.S.M. reference 8 This Act may be cited as The Enforcement of Judgments Conventions Act and referred to as chapter E117 of the Continuing Consolidation of the Statutes of Manitoba . Coming into force 9(1) This Act, except the schedule, comes into force on the day it receives royal assent. Coming into force: the schedule 9(2) The schedule comes into force on a day fixed by proclamation. SCHEDULE [Not proclaimed, but repealed on March 31, 2023] C.C.S.M. c. S207, s. 34.10 . NOTE: The Schedule was never proclaimed into force and was repealed on March 31, 2023 by C.C.S.M. c. S207, s. 34.10 .