BILL NO. 244

(as introduced)

1st Session, 59th General Assembly
Nova Scotia
54 Elizabeth II, 2005

Government Bill

Enforcement of Canadian Judgments and Decrees Act
(amended)

The Honourable Michael G. Baker, Q.C.
Minister of Justice

First Reading: October 18, 2005

(Explanatory Notes)

Second Reading: October 21, 2005

Third Reading: November 1, 2005 (LINK TO BILL AS PASSED)

Clause 1

(a) amends the definition of "Canadian judgment" to remove an unneccessary reference to restitution orders made under the Criminal Code (Canada) because the registration of these orders is now dealt with by the Criminal Code; and

(b) adds a definition of a "Canadian civil protection order".

Clause 2 strikes out a subsection respecting orders relating to domestic relationships and harassment that are covered in the provisions dealing with Canadian civil protection orders contained in Clause 3 below.

Clause 3 provides that judgments made in proceedings to enforce contracts for consumer goods or services must not be registered or enforced unless the debtor took part in those proceedings.

Clause 4 adds several Sections dealing with the enforcement of Canadian civil protection orders in the Province and the protection of law enforcement agencies and employees from liability in enforcing those orders.

Clause 5 adds a power to make regulations defining any word or expression used but not defined in the Act.

Clause 6 provides that this Act comes into force upon proclamation.

1 Section 2 of Chapter 30 of the Acts of 2001, the Enforcement of Canadian Judgments and Decrees Act, is amended by

(a) relettering clause (a) as (aa);

(b) striking out "(A)" in the first line of paragraph (aa)(i)(A);

(c) striking out "and" in the last line of paragraph (aa)(i)(A);

(d) striking out paragraph (aa)(i)(B);

(e) adding ", other than a Canadian civil protection order" immediately after "minor" in the second line of subclause (aa)(vi); and

(f) adding immediately before clause (aa) the following clause:

(a) "Canadian civil protection order" means a Canadian judgment or a portion of a Canadian judgment that prohibits a person from

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

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

(iii) attending at or within a certain distance of a specified place or location, or

(iv) engaging in molesting, annoying, harassing or threatening conduct directed at a specified person;

(a) striking out "(1)" immediately after the Section number; and

(b) striking out subsection (2).

(3) A Canadian judgment against an individual who is resident in the Province made in a proceeding to enforce a contract for the supply of consumer goods or services in the Province must not be registered or enforced under this Act if the judgment debtor did not take part in the proceeding.

11A A Canadian civil protection order may be enforced in the same manner as an order of the Supreme Court of Nova Scotia for all purposes.

11B A Canadian civil protection order is enforceable by a law enforcement agency in the same manner as an order of the Supreme Court of Nova Scotia whether or not the order is a registered Canadian judgment.

11C A Canadian civil protection order may be registered and enforced as a Canadian judgment for the purpose of this Act.

11D No action or proceeding lies or may be commenced against a law enforcement agency, including any employee or agent of a law enforcement agency, for anything in good faith done, caused or permitted or authorized to be done, attempted to be done or omitted to be done by that person or by any of those persons pursuant to or in the enforcement or supposed enforcement of a Canadian civil protection order or purported Canadian civil protection order pursuant to Sections 11A to 11E or the regulations made pursuant to this Act.

11E Sections 11A to 11D apply to a Canadian civil protection order that is

(a) in force at the time those Sections come into force; or

(b) issued after those Sections come into force.

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

6 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.