Acts and Regulations

C-33 - Creditors Relief Act

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Binding effect of registration
2.3(1)Personal property of a judgment debtor shall not be bound except by registration of a notice of judgment in accordance with subsection 2.2(1).
2.3(2)Registration of a notice of judgment binds all of the judgment debtor’s non-exempt exigible personal property on registration and all non-exempt exigible personal property acquired by the judgment debtor after registration from the time of its acquisition.
2.3(3)Registration of a notice of judgment binds all non-exempt attachable debts owing to the judgment debtor on or after registration from the time the debt becomes an attachable debt except as against the person who owes the debt to the judgment debtor.
2.3(4)Registration of a notice of judgment binds the personal property of the judgment debtor only while the judgment is a subsisting judgment.
2.3(5)Subject to this section, an interest acquired in personal property that is bound by a registration of a notice of judgment is subordinate to the interest of
(a) the judgment creditor,
(b) all persons entitled by this Act or otherwise to participate in a distribution of personal property subject to the interest of a creditor referred to in paragraph (a), and
(c) a sheriff and a representative of creditors for the purpose of enforcing the rights of a creditor referred to in paragraph (a).
2.3(6)A person to whom personal property bound by a notice of judgment is transferred has priority as against the persons referred to in subsection (5) in the same circumstances that a transferee of personal property subject to a security interest perfected by registration has priority as against the secured party under subsections 30(1) to 30(4), subsections 30(6) and 30(8) and section 31 of the Personal Property Security Act, and those provisions apply with the necessary modifications.
2.3(6.1)If personal property that is bound by a notice of judgment is investment property as defined in the Personal Property Security Act,
(a) the registration of the notice of judgment does not limit the rights of a protected purchaser of a security under the Securities Transfer Act,
(b) the interest of a protected purchaser of a security under the Securities Transfer Act has priority over the interest of a person referred to in subsection (5) to the extent provided in that Act, and
(c) the registration of the notice of judgment does not limit the rights of or impose liability on a person to the extent that the person is protected against the assertion of a claim under the Securities Transfer Act.
2.3(7)For the purposes of subsection 20(1) of the Personal Property Security Act and subject to section 22 of that Act, the non-exempt exigible personal property of a judgment debtor and the non-exempt attachable debts of a judgment debtor are bound by registration of a notice of judgment notwithstanding that the security interest referred to in subsection 20(1) of the Personal Property Security Act attached before the notice of judgment was registered.
2.3(8)A lien on goods bound by registration of a notice of judgment that arises as a result of the provision in the ordinary course of business of materials or services in respect of the goods has priority over the interest of the judgment creditor in the goods.
2.3(9)An enforcement proceeding for the purpose of enforcing a money judgment shall not be commenced until a notice of judgment has been registered in the Registry in relation to the judgment.
2.3(10)Where an interest acquired in personal property that is bound by registration of a notice of judgment is subordinate to the interest of a judgment creditor,
(a) the property is subject to enforcement proceedings to the same extent as if the subordinate interest did not exist, and
(b) a person who acquires the property as a result of enforcement proceedings obtains title free of the subordinate interest.
2.3(11)Personal property of a judgment debtor that is bound by the registration of a notice of judgment is bound for the amount of the judgment, costs and accrued interest less any amounts received by the judgment creditor.
2.3(12)An interest in personal property is not subordinate to the interest of a judgment creditor who has registered a notice of judgment by reason only that the interest is subordinate to the interest of another judgment creditor who has registered a notice of judgment but nothing in this section creates any priority as between judgment creditors who have registered notices of judgment.
2.3(13)A judgment creditor is not entitled to share in the proceeds of a levy by the sheriff against the personal property of the judgment debtor under this Act unless the creditor has registered a notice of judgment under subsection 2.2(1).
2.3(14)In applying the provisions of this Act for the purposes of determining the entitlement of creditors to share in the proceeds of a levy by the sheriff, a reference to an execution or certificate or the delivery of an execution or certificate to the sheriff shall be construed as a reference to a registered notice of judgment or the registration of a notice of judgment, unless the context otherwise requires.
2.3(15)Where a notice of judgment has been registered, the judgment creditor, the judgment debtor or any other person with an interest in personal property of the judgment debtor may apply to the Court for an order determining whether or not any item or kind of personal property is exempt, exigible or an attachable debt.
2.3(16)A person referred to in subsection (15) may amend the registration of the notice of judgment to disclose the particulars of the order made under that subsection.
1993, c.36, s.2; 2008, c.S-5.8, s.107
Binding effect of registration
2.3(1)Personal property of a judgment debtor shall not be bound except by registration of a notice of judgment in accordance with subsection 2.2(1).
2.3(2)Registration of a notice of judgment binds all of the judgment debtor’s non-exempt exigible personal property on registration and all non-exempt exigible personal property acquired by the judgment debtor after registration from the time of its acquisition.
2.3(3)Registration of a notice of judgment binds all non-exempt attachable debts owing to the judgment debtor on or after registration from the time the debt becomes an attachable debt except as against the person who owes the debt to the judgment debtor.
2.3(4)Registration of a notice of judgment binds the personal property of the judgment debtor only while the judgment is a subsisting judgment.
2.3(5)Subject to this section, an interest acquired in personal property that is bound by a registration of a notice of judgment is subordinate to the interest of
(a) the judgment creditor,
(b) all persons entitled by this Act or otherwise to participate in a distribution of personal property subject to the interest of a creditor referred to in paragraph (a), and
(c) a sheriff and a representative of creditors for the purpose of enforcing the rights of a creditor referred to in paragraph (a).
2.3(6)A person to whom personal property bound by a notice of judgment is transferred has priority as against the persons referred to in subsection (5) in the same circumstances that a transferee of personal property subject to a security interest perfected by registration has priority as against the secured party under subsections 30(1) to 30(4), subsections 30(6) and 30(8) and section 31 of the Personal Property Security Act, and those provisions apply with the necessary modifications.
2.3(6.1)If personal property that is bound by a notice of judgment is investment property as defined in the Personal Property Security Act,
(a) the registration of the notice of judgment does not limit the rights of a protected purchaser of a security under the Securities Transfer Act,
(b) the interest of a protected purchaser of a security under the Securities Transfer Act has priority over the interest of a person referred to in subsection (5) to the extent provided in that Act, and
(c) the registration of the notice of judgment does not limit the rights of or impose liability on a person to the extent that the person is protected against the assertion of a claim under the Securities Transfer Act.
2.3(7)For the purposes of subsection 20(1) of the Personal Property Security Act and subject to section 22 of that Act, the non-exempt exigible personal property of a judgment debtor and the non-exempt attachable debts of a judgment debtor are bound by registration of a notice of judgment notwithstanding that the security interest referred to in subsection 20(1) of the Personal Property Security Act attached before the notice of judgment was registered.
2.3(8)A lien on goods bound by registration of a notice of judgment that arises as a result of the provision in the ordinary course of business of materials or services in respect of the goods has priority over the interest of the judgment creditor in the goods.
2.3(9)An enforcement proceeding for the purpose of enforcing a money judgment shall not be commenced until a notice of judgment has been registered in the Registry in relation to the judgment.
2.3(10)Where an interest acquired in personal property that is bound by registration of a notice of judgment is subordinate to the interest of a judgment creditor,
(a) the property is subject to enforcement proceedings to the same extent as if the subordinate interest did not exist, and
(b) a person who acquires the property as a result of enforcement proceedings obtains title free of the subordinate interest.
2.3(11)Personal property of a judgment debtor that is bound by the registration of a notice of judgment is bound for the amount of the judgment, costs and accrued interest less any amounts received by the judgment creditor.
2.3(12)An interest in personal property is not subordinate to the interest of a judgment creditor who has registered a notice of judgment by reason only that the interest is subordinate to the interest of another judgment creditor who has registered a notice of judgment but nothing in this section creates any priority as between judgment creditors who have registered notices of judgment.
2.3(13)A judgment creditor is not entitled to share in the proceeds of a levy by the sheriff against the personal property of the judgment debtor under this Act unless the creditor has registered a notice of judgment under subsection 2.2(1).
2.3(14)In applying the provisions of this Act for the purposes of determining the entitlement of creditors to share in the proceeds of a levy by the sheriff, a reference to an execution or certificate or the delivery of an execution or certificate to the sheriff shall be construed as a reference to a registered notice of judgment or the registration of a notice of judgment, unless the context otherwise requires.
2.3(15)Where a notice of judgment has been registered, the judgment creditor, the judgment debtor or any other person with an interest in personal property of the judgment debtor may apply to the Court for an order determining whether or not any item or kind of personal property is exempt, exigible or an attachable debt.
2.3(16)A person referred to in subsection (15) may amend the registration of the notice of judgment to disclose the particulars of the order made under that subsection.
1993, c.36, s.2; 2008, c.S-5.8, s.107
Binding effect of registration
2.3(1)Personal property of a judgment debtor shall not be bound except by registration of a notice of judgment in accordance with subsection 2.2(1).
2.3(2)Registration of a notice of judgment binds all of the judgment debtor’s non-exempt exigible personal property on registration and all non-exempt exigible personal property acquired by the judgment debtor after registration from the time of its acquisition.
2.3(3)Registration of a notice of judgment binds all non-exempt attachable debts owing to the judgment debtor on or after registration from the time the debt becomes an attachable debt except as against the person who owes the debt to the judgment debtor.
2.3(4)Registration of a notice of judgment binds the personal property of the judgment debtor only while the judgment is a subsisting judgment.
2.3(5)Subject to this section, an interest acquired in personal property that is bound by a registration of a notice of judgment is subordinate to the interest of
(a) the judgment creditor,
(b) all persons entitled by this Act or otherwise to participate in a distribution of personal property subject to the interest of a creditor referred to in paragraph (a), and
(c) a sheriff and a representative of creditors for the purpose of enforcing the rights of a creditor referred to in paragraph (a).
2.3(6)A person to whom personal property bound by a notice of judgment is transferred has priority as against the persons referred to in subsection (5) in the same circumstances that a transferee of personal property subject to a security interest perfected by registration has priority as against the secured party under subsections 30(1) to 30(4), subsections 30(6) and 30(8) and section 31 of the Personal Property Security Act, and those provisions apply with the necessary modifications.
2.3(7)For the purposes of subsection 20(1) of the Personal Property Security Act and subject to section 22 of that Act, the non-exempt exigible personal property of a judgment debtor and the non-exempt attachable debts of a judgment debtor are bound by registration of a notice of judgment notwithstanding that the security interest referred to in subsection 20(1) of the Personal Property Security Act attached before the notice of judgment was registered.
2.3(8)A lien on goods bound by registration of a notice of judgment that arises as a result of the provision in the ordinary course of business of materials or services in respect of the goods has priority over the interest of the judgment creditor in the goods.
2.3(9)An enforcement proceeding for the purpose of enforcing a money judgment shall not be commenced until a notice of judgment has been registered in the Registry in relation to the judgment.
2.3(10)Where an interest acquired in personal property that is bound by registration of a notice of judgment is subordinate to the interest of a judgment creditor,
(a) the property is subject to enforcement proceedings to the same extent as if the subordinate interest did not exist, and
(b) a person who acquires the property as a result of enforcement proceedings obtains title free of the subordinate interest.
2.3(11)Personal property of a judgment debtor that is bound by the registration of a notice of judgment is bound for the amount of the judgment, costs and accrued interest less any amounts received by the judgment creditor.
2.3(12)An interest in personal property is not subordinate to the interest of a judgment creditor who has registered a notice of judgment by reason only that the interest is subordinate to the interest of another judgment creditor who has registered a notice of judgment but nothing in this section creates any priority as between judgment creditors who have registered notices of judgment.
2.3(13)A judgment creditor is not entitled to share in the proceeds of a levy by the sheriff against the personal property of the judgment debtor under this Act unless the creditor has registered a notice of judgment under subsection 2.2(1).
2.3(14)In applying the provisions of this Act for the purposes of determining the entitlement of creditors to share in the proceeds of a levy by the sheriff, a reference to an execution or certificate or the delivery of an execution or certificate to the sheriff shall be construed as a reference to a registered notice of judgment or the registration of a notice of judgment, unless the context otherwise requires.
2.3(15)Where a notice of judgment has been registered, the judgment creditor, the judgment debtor or any other person with an interest in personal property of the judgment debtor may apply to the Court for an order determining whether or not any item or kind of personal property is exempt, exigible or an attachable debt.
2.3(16)A person referred to in subsection (15) may amend the registration of the notice of judgment to disclose the particulars of the order made under that subsection.
1993, c.36, s.2