Acts and Regulations

2019-32 - General

Full text
Current to 16 June 2023
NEW BRUNSWICK
REGULATION 2019-32
under the
Enforcement of Money Judgments Act
(O.C. 2019-211)
Filed November 21, 2019
Under section 100 of the Enforcement of Money Judgments Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the General RegulationEnforcement of Money Judgments Act.
Definition of “Act”
2In this Regulation, “Act” means the Enforcement of Money Judgments Act.
Amount recoverable
3For the purposes of the definition “amount recoverable” in section 1 of the Act, the following amounts are part of the amount recoverable:
(a) the fee prescribed under the Personal Property Security Act for the registration of a judgment in the Personal Property Registry for a one-year period;
(b) the fee prescribed under the Personal Property Security Act for a search of the Personal Property Registry;
(c) the fee prescribed under the Land Titles Act or the Registry Act for the registration of a judgment, if the sheriff seizes the land against which the judgment is registered; and
(d) the fee prescribed under subsection 6(2).
Applications to the court
4(1)Subject to this section, an application to the court under the Act or this Regulation shall be made in accordance with the Rules of Court.
4(2)An application under subsection 10(1) or 63(4), paragraph 64(2)(a), subsection 68(2), 73(8) or 74(9), paragraph 75(3)(b) or (c) or subsection 79(5), 80(4), 86(2) or 93(4) of the Act shall be by notice of motion.
4(3)In an application referred to in subsection (2), if the court considers it appropriate, the court may,
(a) hear oral evidence, and
(b) determine any matter or issue in a summary manner.
4(4)If an application referred to in subsection (2) is made by a person other than a sheriff and relates to a sheriff’s decision, the sheriff may file an affidavit, describing the circumstances that led to the decision, and take no further part in the proceedings, unless the court orders otherwise.
4(5)If an application under subsection 10(1) of the Act is made by a sheriff,
(a) despite Rule 37.03(a) of the Rules of Court, the notice of motion may state either the precise order sought or the matter or issue on which the court’s determination or directions are sought, and
(b) after serving the notice of motion and filing proof of service, the sheriff is not required to take any further part in the proceedings, unless the court orders otherwise.
4(6)A sheriff shall not be ordered to pay costs with respect to an application made under the Act or this Regulation.
Leave requirements
5(1)A registered creditor shall not deliver an enforcement instruction under section 42 of the Act more than six years after the date of the judgment without leave of the court.
5(2)The seizure of a judgment debtor’s income shall not continue for more than four years without leave of the court.
5(3)On application by an instructing creditor or a sheriff, the court may grant leave for the seizure of a judgment debtor’s income to continue for more than four years if it is fair to do so, and may impose any conditions that it considers appropriate.
5(4)In determining whether to grant leave under subsection (3), the court may consider, among other things,
(a) the respective resources of the judgment debtor and the instructing creditor,
(b) the nature of the original claim,
(c) the extent to which the amount of the judgment consists of interest, including court-ordered interest and interest arising under a contract,
(d) the efforts the judgment debtor has made to satisfy the judgment, and
(e) the extent to which the judgment has been satisfied by the judgment debtor.
Examination – application
6(1)If a registered creditor makes an application under subsection 33(1) of the Act for an order requiring a judgment debtor to attend an examination, the application shall be in Form 1 and shall be accompanied by the following documents:
(a) a certified copy of the judgment;
(b) a verification statement issued under the Personal Property Security Act showing the registration of the judgment in the Personal Property Registry;
(c) an affidavit of the registered creditor that includes
(i) a statement that the applicant is the registered creditor,
(ii) the amount of the judgment, the amount of costs awarded, the interest rate applicable to the judgment, the total amount of any payments that have been made by the judgment debtor and the amount that remains outstanding,
(iii) a statement that the judgment debtor resides in the judicial district in which the application is being made, has a place of business there or has agreed to the examination being held there,
(iv) a statement that the judgment has been registered in the Personal Property Registry and that the registration period has not expired,
(v) a brief description of any attempts made by the registered creditor to obtain payment from the judgment debtor,
(vi) a statement of whether an enforcement instruction has been delivered to the sheriff and, if so, whether enforcement action is continuing or has been terminated and its results up to the time of the application,
(vii) a brief description of any property, income or other assets that the registered creditor believes the judgment debtor may have, and a list of any documents the registered creditor has that support this belief, and
(viii) a list of any documents that the registered creditor believes the judgment debtor has, or has access to, that may be relevant; and
(d) a copy of each document listed under subparagraph (c)(vii).
6(2)The fee for an application referred to in subsection (1) is $50.
6(3)If a judgment debtor fails to attend an examination or fails to provide complete and honest answers and a registered creditor makes an application for a person other than the judgment debtor to be examined, the application shall be in Form 2 and shall be accompanied by the following documents: 
(a) an affidavit of the registered creditor that includes
(i) the name and address of the person who is to be examined,
(ii) a brief description of the basis on which the registered creditor believes that the person has information about the judgment debtor’s property or ability to satisfy the judgment,
(iii) a list of any documents that the registered creditor believes the person has, or has access to, that may be relevant, and
(iv) a statement of whether the clerk has issued a report under paragraph 37(1)(a) of the Act; and
(b) a copy of the report referred to in subparagraph (a)(iv), if applicable.
6(4)If a judgment debtor fails to attend an examination or fails to provide complete and honest answers and a registered creditor makes an application under paragraph 37(1)(c) of the Act for a person other than the judgment debtor to be examined, the registered creditor shall provide the following information to the clerk verbally under oath: 
(a) the name and address of the person who is to be examined;
(b) a brief description of the basis on which the registered creditor believes that the person has information about the judgment debtor’s property or ability to satisfy the judgment;
(c) a list of any documents that the registered creditor believes the person has, or has access to, that may be relevant; and
(d) a statement of whether the clerk has issued a report under paragraph 37(1)(a) of the Act.
6(5)If the conditions of subsection 55(1) of the Act are satisfied and a sheriff makes an application under subsection 33(1) of the Act for an order requiring the judgment debtor to attend an examination, the application shall be in Form 3 and shall be accompanied by an affidavit of the sheriff that includes a brief description of the judgment debtor’s failure to comply with section 54 of the Act.
6(6)If the conditions of subsection 56(4) of the Act are satisfied and a sheriff makes an application under subsection 33(1) of the Act for an order requiring a person other than the judgment debtor to attend an examination, the application shall be in Form 3 and shall be accompanied by the following documents: 
(a) an affidavit of the sheriff that includes
(i) the name and address of the person who is to be examined,
(ii) a brief description of the basis on which the sheriff believes that the person has information about the judgment debtor’s property or ability to satisfy the judgment,
(iii) a list of any documents that the sheriff believes the person has, or has access to, that may be relevant,
(iv) a statement that the clerk has issued an order authorizing the sheriff to proceed under section 56 of the Act, and
(v) a statement that the sheriff has delivered a demand for information under subsection 56(2) of the Act and that the information has not been provided;
(b) a copy of the order referred to in subparagraph (a)(iv); and
(c) a copy of the demand referred to in subparagraph (a)(v).
Examination – recording
7(1)A party who wishes the proceedings at an examination to be recorded by a court stenographer shall submit a request at least ten days before the date of the examination.
7(2)On receiving a request under subsection (1), the clerk may permit the proceedings to be recorded by a court stenographer.
Examination – orders
8(1)An order to attend an examination under section 34 or subparagraph 37(1)(c)(ii) of the Act shall be in Form 4.
8(2)If the clerk issues an order to attend an examination, the applicant shall serve the order on the person to be examined at least 15 days before the date of the examination.
8(3)An order to provide information under subparagraph 37(1)(c)(i) of the Act shall be in Form 5.
8(4)An order for payment under paragraph 38(1)(b) of the Act shall be in Form 6.
Review of order for payment
9A request for a review of an order for payment under subsection 39(1) of the Act shall be in Form 7 and shall be accompanied by the following documents:
(a) a copy of the order for payment; and
(b) an affidavit stating
(i) the reasons for the requested changes to the order, and
(ii) whether the registered creditor or judgment debtor, as the case may be, agrees to the requested changes.
Demand for information
10A demand for information under subsection 56(2) of the Act shall be in Form 8.
Enforcement instruction
11(1)An enforcement instruction delivered under section 42 of the Act shall be in Form 9 and shall be accompanied by the following documents:
(a) a certified copy of the judgment or of an abbreviated judgment;
(b) a verification statement issued under the Personal Property Security Act showing the registration of the judgment in the Personal Property Registry;
(c) a printed search result issued under the Personal Property Security Act showing the results of a search of the Personal Property Registry under the name of the judgment debtor;
(d) if the judgment has been registered under the Land Titles Act, a certificate of registered ownership showing the registration of the judgment; and
(e) if the judgment has been registered under the Registry Act, the judgment as endorsed by a registrar of deeds.
11(2)The fee for initiating enforcement action under section 42 of the Act is prescribed under paragraph 2(1)(l) of the Sheriff’s Fees Regulation – Sheriffs Act.
Notice of seizure
12A notice of seizure under paragraph 58(1)(b) or (c) of the Act shall be in Form 10.
Record of seizure
13A record of seizure under subsection 61(1) of the Act shall be in Form 11.
Payment order
14A payment order under subsection 81(4) of the Act shall be in Form 12.
Notice of termination of enforcement instruction
15A notice of the termination of an enforcement instruction under subsection 46(1) of the Act shall be in Form 13.
Sheriff’s certificate
16(1)Subject to subsection (2), a sheriff’s certificate under subsection 66(1) of the Act shall be in Form 14.
16(2)A sheriff’s certificate under subsection 66(1) of the Act that is to be attached to a sheriff’s deed or a sheriff’s transfer shall be in Form 15.
16(3)The fee for the provision of a sheriff’s certificate referred to in subsection (1) is prescribed under paragraph 2(1)(j) of the Sheriff’s Fees Regulation – Sheriffs Act.
16(4)The fee for the provision of a sheriff’s certificate referred to in subsection (2) is prescribed under paragraph 2(1)(k) of the Sheriff’s Fees Regulation – Sheriffs Act.
Commencement
17This Regulation comes into force on December 1, 2019.
N.B. This Regulation is consolidated to June 16, 2023.