Acts and Regulations

2003-18 - General

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2003-18
under the
Canadian Judgments Act
(O.C. 2003-124)
Filed May 1, 2003
Under section 13 of the Canadian Judgments Act, the Lieutenant-Governor in Council makes the following Regulation:
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Citation
1This Regulation may be cited as the General Regulation - Canadian Judgments Act.
Definition of “Act”
2In this Regulation, “Act” means the Canadian Judgments Act.(Loi)
Submission for registration
3(1)A Canadian judgment submitted for registration under section 4 of the Act shall be accompanied by an affidavit that contains the following:
(a) the name and address of the deponent;
(b) that the deponent is the judgment creditor or the agent or solicitor of the judgment creditor, as the case may be;
(c) that the matters stated are within the personal knowledge of the deponent or are statements as to the deponent’s information and belief;
(d) that the copy of the judgment certified in accordance with paragraph 4(a) of the Act and filed with the clerk of the Court is a copy of a Canadian judgment as defined in section 1 of the Act;
(e) that the judgment debtor resides in or has property in New Brunswick;
(f) that the Canadian judgment is submitted for registration for the purposes of enforcing in New Brunswick payment of money payable under the judgment;
(g) the amount owing on the Canadian judgment at the time the Canadian judgment is submitted for registration;
(h) the costs, charges and disbursements incurred by the judgment creditor in respect of the registration of the Canadian judgment;
(i) if applicable, the interest that has accrued on the Canadian judgment under the laws of the province or territory where the Canadian judgment was made, as of the date on which the Canadian judgment is submitted for registration, and the rate of interest payable on the amount referred to in paragraph (g) from the date the Canadian judgment is submitted for registration to the date it is registered under the Act;
(j) for the purposes of section 9 of the Act,
(i) the date on which the Canadian judgment became enforceable in the province or territory where it was made, and
(ii) the date on which the time for enforcement of the Canadian judgment expires in the province or territory where it was made;
(k) if applicable, that an order staying or limiting the enforcement of the Canadian judgment is in force in the province or territory where the judgment was made; and
(l) that the judgment debtor took part or did not take part in the proceeding, as the case may be.
3(2)Where a Canadian judgment is made in a proceeding in which the judgment debtor did not take part, the deponent shall, in addition to the information required in subsection (1), indicate in the affidavit:
(a) either
(i) that the judgment debtor was resident in or carried on business in the province or territory where the Canadian judgment was made at the time the proceeding commenced,
(ii) that the cause of action related to acts done in the province or territory where the Canadian judgment was made, to property located there, to obligations that should have been performed there or to damage that was sustained there,
(iii) that the judgment debtor had agreed that the proceeding might be determined in the province or territory where the Canadian judgment was made, or
(iv) that a court of the province or territory where the Canadian judgment was made gave leave for the service of process outside that province or territory, and the judgment debtor was so notified when process was served; and
(b) that the Canadian judgment was not made in a proceeding to enforce a contract referred to in subsection 6(2) of the Act.
3(3)Where an order staying or limiting the enforcement of a Canadian judgment is in force in the province or territory where the judgment was made, a copy of the order shall accompany the affidavit.
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Changes to information in affidavit
4The deponent shall advise the clerk of the Court of any change to the information stated in his or her affidavit that the deponent becomes aware of before the clerk of the Court registers the Canadian judgment.
Costs, charges and disbursements
5For the purposes of paragraph 5(b) of the Act, where the clerk of the Court is considering awarding costs, charges and disbursements in an amount that is less than the amount indicated by the deponent in an affidavit, the clerk of the Court shall give the deponent an opportunity to justify the amount of the costs, charges and disbursements incurred by the judgment creditor in respect of the registration of the Canadian judgment.
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Fee
6The fee for registration of a Canadian judgment is $35.
Commencement
7This Regulation comes into force on September 1, 2003.
N.B. This Regulation is consolidated to May 15, 2018.