An Act to Amend the Enforcement of Money Judgments Act
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 Section 1 of the Enforcement of Money Judgments Act, chapter 23 of the Acts of New Brunswick, 2013, is amended in the definition “judgment” by repealing paragraph (a) and substituting the following:
(a) a judgment of the court, of The Probate Court of New Brunswick, of The Court of Appeal of New Brunswick or of the Supreme Court of Canada,
2 Subsection 46(2) of the Act is amended in the portion preceding paragraph (a) by striking out “(1)(b) or (c)” and substituting “(1)(b) or (d)”.
3 The heading “Statement of assets and liabilities” preceding section 53 of the Act is amended by striking out “assets” and substituting “property”.
4 Subsection 66(1) of the Act is repealed and the following is substituted:
66( 1) At the request of a person with whom the sheriff is dealing under section 65 and on receipt of the prescribed fee, the sheriff shall provide a certificate in prescribed form of the sheriff’s authority to act under that section.
5 The heading “Payment by instructing creditor” preceding section 69 of the Act is repealed and the following is substituted:
Sheriff may require payment, security or indemnity
6 Section 100 of the Act is repealed and the following is substituted:
100 The Lieutenant-Governor in Council may make regulations
(a) prescribing amounts that form part of the amount recoverable;
(b) prescribing the forms, documents and information that this Act refers to as being prescribed;
(c) prescribing other forms, documents or information to be used or provided under this Act;
(d) prescribing the fees that this Act refers to as being prescribed;
(e) prescribing other fees for services provided or actions taken under this Act;
(f) respecting procedures to be followed under this Act;
(g) respecting the exercise of any power of a sheriff under this Act;
(h) establishing requirements for court authorization to be obtained for actions taken under this Act, and the criteria for such authorization;
(i) defining any word or expression used in but not defined in this Act;
(j) generally, for the administration of this Act and for carrying out its purposes.
7 Paragraph 101(1)(b) of the English version of the Act is amended by striking out “order of seizure and sale” and substituting “order for seizure and sale”.