Acts and Regulations

93-154 - Sheriff's Fees

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 93-154
under the
Sheriffs Act
(O.C. 93-693)
Filed September 2, 1993
Under section 15 of the Sheriffs Act, the Lieutenant-Governor in Council makes the following Regulation:
1This Regulation may be cited as the Sheriff’s Fees Regulation - Sheriffs Act.
2(1)The following fees are payable to sheriffs:
(a) on the receipt by a sheriff of any document for service
(i) on one person or on more than one person in the same action or proceeding served at the same time, $75, and
(ii) on each additional person in the same action or proceeding but not served at the same time, $30;
(b) on the filing or renewal of an order, a certificate or a writ that the sheriff is required to enforce, $75;
(c) for each attempt to enforce an order, a certificate or a writ, $75;
(d) for a sheriff’s deed or a sheriff’s transfer, $150;
(e) for a certificate stating the results of a search of a sheriff’s records
(i) for up to two names, $10, and
(ii) for each additional name, $5;
(f) for the registration of a notice of judgment under the Personal Property Security Act and a search of the Personal Property Registry immediately following the registration, $30;
(g) for an amendment to or a renewal, discharge or re-registration of a registration of a notice of judgment under the Personal Property Security Act, $20;
(h) for a search of the Personal Property Registry other than a search referred to in paragraph (f), $20;
(i) for all work performed by a sheriff in conducting an auction, except an auction under the Enforcement of Money Judgments Act, $100;
(j) subject to paragraph (k), for the provision of a sheriff’s certificate under subsection 66(1) of the Enforcement of Money Judgments Act, $50;
(k) for the provision of a sheriff’s certificate referred to in paragraph (j) that is to be attached to a sheriff’s deed or a sheriff’s transfer, nil;
(l) for initiating enforcement action under section 42 of the Enforcement of Money Judgments Act, $120;
(m) for a seizure or an attempted seizure under the Enforcement of Money Judgments Act, $300 plus the least of the following amounts:
(i) 10% of
(A) the enforcement proceeds, or
(B) if applicable, the enforcement proceeds that will remain after payments are made under paragraph 91(1)(a) of that Act,
(ii) 10% of the amount of the judgment that remains unsatisfied at the time of the seizure, and
(iii) $5,000.
2(2)The fee prescribed under paragraph (1)(f) for the registration of a notice of judgment and a search of the Personal Property Registry is payable in addition to any fee payable under the Personal Property Security Act for the registration and the search.
2(3)The fee prescribed under paragraph (1)(g) for an amendment to or a renewal, discharge or re-registration of a registration of a notice of judgment is payable in addition to any fee payable under the Personal Property Security Act for the amendment, renewal, discharge or re-registration.
2(4) The fee prescribed under paragraph (1)(h) for a search of the Personal Property Registry is payable in addition to any fee payable under the Personal Property Security Act for the search.
2019-38
3In the case of an order relating to arrest or attachment a judge may waive payment of the fee provided in paragraph 2(c).
4A sheriff shall be entitled to all reasonable disbursements, exclusive of mileage and meals, incurred in carrying out the duties required of the sheriff’s office.
5New Brunswick Regulation 82-98 under the Sheriffs Act is repealed.
6This Regulation comes into force on October 1, 1993.
N.B. This Regulation is consolidated to December 1, 2019.