Enforcement of Canadian Judgments and Decrees Act

CHAPTER 30

OF THE

ACTS OF 2001

amended 2005, c. 49

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An Act Respecting the Enforcement
of Canadian Judgments and Decrees

Short title

1 This Act may be cited as the Enforcement of Canadian Judgments and Decrees Act. 2001, c. 30, s. 1.

Interpretation

2 In this Act,

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

(aa) "Canadian judgment" means a judgment, decree or order made in a civil proceeding by a court of a province or territory of Canada other than the Province

but does not include a judgment, decree or order that

(b) "enforcement" includes requiring that a Canadian judgment be recognized by any person or authority whether or not further relief is sought;

(c) "enforcing party" means a person entitled to enforce a Canadian judgment in the province or territory where the judgment was made;

(d) "registered Canadian judgment" means a Canadian judgment that is registered under this Act. 2001, c. 30, s. 2; 2005, c. 49, s. 1.

Application of Act

3 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 party against whom enforcement is sought took part. 2001, c. 30, s. 3.

Right to register judgment

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

(2) A Canadian judgment that requires a person to pay money may not be registered under this Act for the purpose of enforcement unless it is a final judgment.

(3) A Canadian judgment that also contains provisions for relief that may not be enforced under this Act may be registered under this Act except in respect of those provisions. 2001, c. 30, s. 4.

Procedure for registering judgment

5 A Canadian judgment is registered under this Act by paying the fee prescribed by regulation and by filing in the registry of the Supreme Court of Nova Scotia

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

(b) the additional information or material required by regulation.

(2) repealed 2005, c. 49, s. 2.

2001, c. 30, s. 5; 2005, c. 49, s. 2.

Effect of registration

6 Subject to Sections 7 and 8, a registered Canadian judgment may be enforced in the Province as if it were an order or judgment of, and entered in, the Supreme Court of Nova Scotia. 2001, c. 30, s. 6.

Time limit for registration and enforcement

7 (1) A Canadian judgment that requires a person to pay money must 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 twenty years after the day on which the judgment became enforceable in the province or territory where it was made.

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

(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. 2001, c. 30, s. 7; 2005, c. 49, s. 3.

Power to stay or limit enforcement of judgment

8 (1) A party to the proceeding in which a registered Canadian judgment was made may apply to the Supreme Court of Nova Scotia for directions respecting its enforcement.

(2) On an application under subsection (1), the court may

(a) make an order that the judgment be modified as may be required to make it enforceable in the conformity with local practice;

(b) make an order stipulating the procedure to be used in enforcing the judgment;

(c) make an order staying or limiting the enforcement of the judgment, subject to any terms and for any period the court considers appropriate in the circumstances, if

(3) Notwithstanding subsection (2), the Supreme Court of Nova Scotia shall not make an order staying or limiting the enforcement of a registered Canadian judgment solely 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 party against whom enforcement is sought, under

(b) the Supreme Court of Nova Scotia 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 or court that made the judgment; or

(c) a defect existed in the process or proceeding leading to the judgment.

(4) An application for directions must be made under subsection (1) before any measures are taken to enforce a registered Canadian judgment where

(a) the enforceability of the judgment is, by its terms, subject to the satisfaction of a condition; or

(b) the judgment was obtained ex parte without notice to the persons bound by it. 2001, c. 30, s. 8.

Interest on registered judgment

9 (1) To the extent that a registered Canadian judgment requires a person to pay money, interest is payable as if it were an order or judgment of the Supreme Court of Nova Scotia.

(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) interest that has accrued to that date under the laws applicable to the calculation of interest on that judgment in the province or territory where it was made. 2001, c. 30, s. 9.

Recovery of registration costs

10 An enforcing party 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 a judge of the Supreme Court of Nova Scotia. 2001, c. 30, s. 10.

No effect on judgment creditor's other rights

11 Neither registering a Canadian judgment nor taking other proceedings under this Act affects an enforcing party's right to bring an action on the original cause of action or to register and enforce the Canadian judgment pursuant to the Reciprocal Enforcement of Judgments Act. 2001, c. 30, s. 11.

Enforcement of Canadian civil protection order as order of Supreme Court

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. 2005, c. 49, s. 4.

Enforcement of Canadian civil protection order by law enforcement agency

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. 2005, c. 49, s. 4.

Enforcement of Canadian civil protection order as Canadian judgment

11C A Canadian civil protection order may be registered and enforced as a Canadian judgment for the purpose of this Act. 2005, c. 49, s. 4.

No action lies

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. 2005, c. 49, s. 4.

Application of Sections 11A to 11D

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. 2005, c. 49, s. 4.

Regulations

12 (1) The Governor in Council may make regulations

(a) prescribing the fee payable for the registration of a Canadian judgment under this Act;

(b) respecting additional information or material that is to be filed in relation to the registration of a Canadian judgment under this Act;

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

(c) respecting forms and their use under this Act; and

(d) to do any matter or thing required to effect or assist the operation of this Act.

(2) The exercise by the Governor in Council of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act. 2001, c. 30, s. 12; 2005, c. 49, s. 5.

Proclamation

13 This Act comes into force on such day as the Governor in Council orders and declares by proclamation. 2001, c. 30, s. 13.

Proclaimed - February 10, 2006
In force - July 1, 2006

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