Acts and Regulations

2014, c.127 - Reciprocal Enforcement of Judgments Act

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Current to 1 January 2024
2014, c.127
Reciprocal Enforcement of
Judgments Act
Deposited December 30, 2014
Definitions
1The following definitions apply in this Act.
“foreign country” means a country other than Canada and includes a portion of a foreign country.(pays étranger)
“judgment” means a judgment or order given or made by a court in a civil proceeding, whether before or after the commencement of this Act, whereby a sum of money is made payable.(jugement)
“judgment creditor” means the person by whom the judgment was obtained, and includes the executors, successors and assigns of that person.(créancier judiciaire)
“judgment debtor” means the person against whom the judgment was given, and includes any person against whom the judgment is enforceable in the place where it was given.(débiteur judiciaire)
“original court” in relation to any judgment means the court by which the judgment was given.(tribunal d’origine)
“registering court” in relation to any judgment means the court in which the judgment is registered under this Act.(tribunal d’enregistrement)
R.S.1973, c.R-3, s.1; 1992, c.A-10.1, s.59; 2000, c.32, s.1
Powers of judge
2Subject to the rules of The Court of King’s Bench of New Brunswick, any of the powers conferred by this Act on any court may be exercised by a judge of the court.
R.S.1973, c.R-3, s.1; 1979, c.41, s.107; 2023, c.17, s.233
Registration of judgment
3(1)When a judgment has been obtained in a foreign country to which this Act applies, the judgment creditor may apply to The Court of King’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.
3(2)If the judgment debtor was not personally served with process in the original action or did not appear or defend or otherwise submit to the jurisdiction of the original court, reasonable notice of the application shall be given to him or her, but in all other cases the order may be made ex parte.
3(3)The judgment may be registered by filing with a clerk of the registering court an exemplification or a certified copy of the judgment, together with the order for registration, at which point the judgment shall be entered as a judgment of the registering court.
R.S.1973, c.R-3, s.2; 1979, c.41, s.107; 1980, c.32, s.34; 1984, c.13, s.1; 1992, c.A-10.1, s.59; 2000, c.32, s.2; 2023, c.17, s.233
Prohibition respecting registration
4No judgment shall be ordered to be registered under this Act if it is shown to the registering court that
(a) the judgment debtor has a defence under section 5 of the Foreign Judgments Act, or
(b) the judgment debtor would have a good defence if an action were brought on the original judgment.
R.S.1973, c.R-3, s.3
Effect of registration
5When a judgment is registered under this Act,
(a) the judgment is, from the date of the registration, of the same effect, and, subject to the provisions of this Act, proceedings may be taken on it, as if it had been a judgment originally obtained or entered in the registering court on the date of the registration;
(b) the registering court has the same control and jurisdiction over the judgment as it has over judgments given by itself; and
(c) the reasonable costs of and incidental to the registration of the judgment, including the costs of obtaining an exemplification or certified copy of the judgment from the original court and of the application for registration, are recoverable in the same manner as if they were sums payable under the judgment, if they are taxed by the proper officer of the registering court and his or her certificate is endorsed on the order for registration.
R.S.1973, c.R-3, s.4
Notice of registration of ex parte order
6(1)When registration is made on an ex parte order, notice of the registration shall be given to the judgment debtor within one month after the registration, and the notice shall be served in the manner provided by the practice of the registering court for service of writs of process or of notice of proceedings.
6(2)No sale under the judgment of any property of the judgment debtor is valid if made before the expiry of the period set out in section 7 or such further period as the court may order.
R.S.1973, c.R-3, s.5
Setting aside of registration of ex parte order
7(1)In all cases in which registration is made on an ex parte order, the registering court may on the application of the judgment debtor set aside the registration on such terms as the court may think fit.
7(2)The application shall be made within one month after the judgment debtor has notice of the registration, and the applicant is entitled to have the registration set aside on any of the grounds mentioned in section 4.
R.S.1973, c.R-3, s.6
Rules of court
8Rules of court may be made for regulating the practice and procedure, including costs, in respect of proceedings of any kind under this Act.
R.S.1973, c.R-3, s.7; 1984, c.13, s.2
Recognition of judgments of foreign countries
9If 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 King’s Bench of New Brunswick or The Court of Appeal of New Brunswick, the Lieutenant-Governor in Council may, by regulation, direct that this Act applies to that foreign country, subject to such exceptions or restrictions as may be set out in the regulation.
R.S.1973, c.R-3, s.8; 1979, c.41, s.107; 2000, c.32, s.3; 2023, c.17, s.233
Right to bring an action
10Nothing in this Act deprives a judgment creditor of the right to bring an action for the recovery of the amount of his or her judgment instead of proceeding under this Act.
R.S.1973, c.R-3, s.9
N.B. This Act was proclaimed and came into force February 9, 2015.
N.B. This Act is consolidated to June 16, 2023.