SNL2000 CHAPTER E-11.1 - ENFORCEMENT OF CANADIANJUDGMENTS ACT

SNL2000 CHAPTER E-11.1 ENFORCEMENT OF CANADIAN JUDGMENTS ACT Amended: 2006 cS-31.1 s80; 2019 c25 CHAPTER E-11.1 AN ACT RESPECTING THE ENFORCEMENT OF CANADIAN JUDGMENTS (Assented to May 12, 2000 ) Analysis 1. Short title 2. Definitions 3. Right to register judgment 4. Procedure for registering judgment 5. Effect of registration 6. Time limit for registration and enforcement 7. Power to stay or limit enforcement of registered judgment 8. Interest on registered judgment 9. Recovery of registration costs 10. Other rights not affected 11. Regulations 12. Fees and forms 13. Application 14. Commencement Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: Short title 1. This Act may be cited as the Enforcement of Canadian Judgments Act . 2000 cE-11.1 s1 Back to Top Definitions 2. In this Act (a) "Canadian judgment" means (i) a final judgment or order made in a civil proceeding by a superior court of a province or territory of Canada other than the province, and (ii) a final order that is made in the exercise of a judicial function by a tribunal of a province or territory of Canada other than the province and that is enforceable as a judgment of the superior court of the province or territory where the order was made; (b) "judgment creditor" means a person entitled to enforce a Canadian judgment; (c) "judgment debtor" means a person liable under a Canadian judgment; and (d) "registered Canadian judgment" means a Canadian judgment that is registered under this Act. 2000 cE-11.1 s2 ; 2019 c25 s1 Back to Top Right to register judgment 3. (1) A Canadian judgment for the payment of money may be registered under this Act for the purpose of enforcing payment of the money unless the judgment is for (a) maintenance or support, including an order enforceable under the Support Orders Enforcement Act, 2006; or (b) the payment of money as a penalty or fine for committing an offence. (2) A Canadian judgment which contains provisions for the payment of money and also contains other provisions may be registered under this Act only in respect of the provisions for the payment of money. 2000 cE-11.1 s3 ; 2006 cS-31.1 s80 ; 2019 c25 s2 Back to Top Procedure for registering judgment 4. A Canadian judgment may be registered under this Act by paying the prescribed fee and by filing in the registry of the Supreme Court of Newfoundland and Labrador (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; and (b) the additional information or material that may be required by regulation. 2000 cE-11.1 s4 ; 2019 c25 s3 Back to Top Effect of registration 5. A registered Canadian judgment may be enforced in the province as if it were a judgment of, and entered in, the Supreme Court of Newfoundland and Labrador . 2000 cE-11.1 s5 ; 2019 c25 s4 Back to Top Time limit for registration and enforcement 6. Notwithstanding sections 3 and 5, a Canadian judgment shall not be registered or enforced under this Act (a) after the time for enforcement has expired in the province or territory where the judgment was made; or (b) later than 10 years after the day on which the judgment became enforceable in the province or territory where it was made. 2000 cE-11.1 s6 Back to Top Power to stay or limit enforcement of registered judgment 7. (1) Notwithstanding section 5, the Supreme Court of Newfoundland and Labrador may make an order staying or limiting the enforcement of a registered Canadian judgment, subject to the terms and for the period that the court considers appropriate in the circumstances, where (a) that order could be made in respect of a judgment of the Supreme Court of Newfoundland and Labrador under the Judgment Enforcement Act or the Rules of the Supreme Court, 1986 ; (b) the judgment debtor 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; (c) an order staying or limiting enforcement is in effect in the province or territory where the judgment was made; or (d) the judgment is contrary to public policy in the province. (2) The Supreme Court of Newfoundland and Labrador shall not make an order staying or limiting the enforcement of a registered Canadian judgment on the grounds that (a) the judge, court or tribunal that made the judgment lacked jurisdiction over the subject matter of the proceeding that led to the judgment or over the judgment debtor under (i) principles of private international law, or (ii) the domestic law of the province or territory where the judgment was made; (b) the Supreme Court of Newfoundland and Labrador would have come to a different decision on a finding of fact or law or on an exercise of discretion from the decision of the judge, court or tribunal that made the judgment; or (c) a defect existed in the process or proceeding leading to the judgment. 2000 cE-11.1 s7 ; 2019 c25 s5 Back to Top Interest on registered judgment 8. (1) Interest is payable on a registered Canadian judgment as if it were a judgment of the Supreme Court of Newfoundland and Labrador . (2) For the purpose of calculating interest payable under subsection (1), the amount owing on the registered Canadian judgment is the total of (a) the amount owing on that judgment on the date it is registered under this Act; and (b) the interest that has accrued to the date of registration under the laws applicable to the calculation of interest on that judgment in the province or territory where it was made. 2000 cE-11.1 s8 ; 2019 c25 s6 Back to Top Recovery of registration costs 9. A judgment creditor is entitled to recover all costs, charges and disbursements (a) reasonably incurred in the registration of a Canadian judgment under this Act; and (b) taxed, assessed or allowed by the taxing officer of the Supreme Court of Newfoundland and Labrador as if they were sums payable under the registered Canadian judgments. 2000 cE-11.1 s9 ; 2019 c25 s7 Back to Top Other rights not affected 10. Registering a Canadian judgment or taking other proceedings under this Act shall not affect a judgment creditor's right (a) to bring an action on the Canadian judgment or on the original cause of action; or (b) to register and enforce the Canadian judgment under the Reciprocal Enforcement of Judgments Act . 2000 cE-11.1 s10 Back to Top Regulations 11. The Lieutenant-Governor in Council may make regulations (a) respecting additional information or material that is to be filed in relation to the registration of a Canadian judgment under this Act; and (b) generally, to give effect to the purpose of this Act. 2000 cE-11.1 s11 Back to Top Fees and forms 12. The minister may prescribe fees and forms for the purpose and administration of this Act. 2000 cE-11.1 s12 Back to Top Application 13. This Act applies to (a) a Canadian judgment made in a proceeding commenced after this Act comes into force; and (b) a Canadian judgment made in a proceeding commenced before this Act comes into force and in which the judgment debtor took part. 2000 cE-11.1 s13 Back to Top Commencement 14. This Act shall come into force on a day to be proclaimed by the Lieutenant Governor in Council. 2000 cE-11.1 s14 (In force on Jan. 1/20)