BILL 45

An Act to Amend the Reciprocal Enforcement of Judgments Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1Subsection 1(1) of the Reciprocal Enforcement of Judgments Act, chapter R-3 of the Revised Statutes, 1973, is amended by adding before the definition "judgment" the following:

"foreign country" means a country other than Canada and includes a portion of a foreign country;

2Subsection 2(1) of the Act is repealed and the following is substituted:

2(1)Where any judgment has been obtained in a foreign country to which this Act applies, the judgment creditor may apply to The Court of Queen's Bench of New Brunswick at any time within six years after the date of the judgment to have the judgment registered in that court, and on any such application the Court may, subject to the provisions of this Act, order the judgment to be registered accordingly.

3Section 8 of the Act is repealed and the following is substituted:

8Where the Lieutenant-Governor in Council is satisfied that reciprocal provision has been or will be made by a foreign country for the enforcement within that foreign country of judgments obtained in The Court of Queen's Bench of New Brunswick or the Court of Appeal, the Lieutenant-Governor in Council may, by regulation, direct that this Act applies to that foreign country.

4New Brunswick Regulation 82-216 under the Reciprocal Enforcement of Judgments Act is repealed.

5This Act or any provision of it comes into force on a day or days to be fixed by proclamation.

EXPLANATORY NOTES

Section 1

A definition is added.

Section 2

The existing provision is as follows:

2(1)Where any judgment has been obtained outside this Province in any other province or territory of Canada to which this Act applies, the judgment creditor may apply to The Court of Queen's Bench of New Brunswick at any time within six years after the date of the judgment to have the judgment registered in that court, and on any such application the Court may, subject to the provisions of this Act, order the judgment to be registered accordingly.

Section 3

The existing provision is as follows:

8Where the Lieutenant-Governor in Council is satisfied that reciprocal provision has been or will be made by any other province or territory of Canada for the enforcement within that province or territory of judgments obtained in The Court of Queen's Bench of New Brunswick or the Court of Appeal, the Lieutenant-Governor in Council may, by Order in Council, direct that this Act shall apply to that province or territory and thereupon this Act applies and comes into force accordingly.

Section 4

The existing regulation under the Reciprocal Enforcement of Judgments Act is repealed.

Section 5

Commencement provision.

Chapter Outline Update

Section 1

In subsection 1(1) add the following before the definition "judgment":

foreign country -- pays étranger

Section 2

No change required.

Section 3

Strike out the entry for section 8 and substitute the following:

Recognition of judgments of foreign countries 8

Section 4

No change required.

Section 5

No change required.

Endorse: Hon. James Lockyer, Q.C.


Last Modified: 11:24am , February 11, 1998