 |
| Copyright (c) Queen's Printer, Victoria, British Columbia, Canada | IMPORTANT INFORMATION |
|
Assented to May 29, 2003
1 (1) In this Act:
"Agreement" means the Trade, Investment and Labour Mobility Agreement Between British Columbia and Alberta;
"Canadian judgment" means a judgment, decree or order made in a civil proceeding by a court of a province or territory of Canada other than British Columbia
(a) that requires a person to pay money, including
(i) an order for the payment of money that is made in the exercise of a judicial function by a tribunal of a province or territory of Canada other than British Columbia and that is enforceable as a judgment of the superior court of unlimited trial jurisdiction in that province or territory, and
(ii) an order made and entered under section 741 of the Criminal Code in a court of a province or territory of Canada other than British Columbia,
(b) under which a person is required to do or not do an act or thing, or
(c) that declares rights, obligations or status in relation to a person or thing,
and, subject to section 1.1, includes a TILMA award, but does not include a judgment, decree or order that
(d) is for maintenance or support, including an order enforceable under the Family Maintenance Enforcement Act,
(e) is for the payment of money as a penalty or fine for committing an offence,
(f) relates to the care, control or welfare of a minor,
(g) is made by a tribunal of a province or territory of Canada other than British Columbia, whether or not it is enforceable as an order of the superior court of unlimited trial jurisdiction of the province or territory where the order was made, to the extent that it provides for relief other than the payment of money, or
(h) relates to the granting of probate or letters of administration or the administration of the estate of a deceased person;
"enforcement" includes requiring that a Canadian judgment be recognized by any person or authority, whether or not further relief is sought;
"enforcing party" means a person entitled to enforce a Canadian judgment in the province or territory where the judgment was made;
"panel" means a panel convened under Article 26 or 29 of the Agreement;
"registered Canadian judgment" means a Canadian judgment that is registered under this Act.
"TILMA award" means
(a) a monetary award within the meaning of Article 29 (7) of the Agreement if no judicial review has been requested in relation to that award under Article 31 (1) within the 15 day period referred to in that Article,
(b) a monetary award within the meaning of Article 29 (7) of the Agreement if
(i) judicial review has been requested in relation to that award under Article 31 (1) within the 15 day period referred to in that Article, and
(ii) the judicial review court determines that the award should neither be set aside nor remitted to a panel, or
(c) if judicial review has been requested under Article 31 (1) of a monetary award within the meaning of Article 29 (7) of the Agreement and the judicial review court remits the award to a panel, the monetary award as confirmed or amended by that panel,
and includes an award of costs under Article 32 (1) of the Agreement.
(2) When used in relation to a TILMA award,
(a) a reference in this Act to a judge, registrar, clerk or other proper officer of the court that made the judgment is deemed to be a reference to a member of the panel that made the TILMA award,
(b) a reference in this Act to the province or territory where the judgment was made is deemed to be a reference to British Columbia, and
(c) a reference in sections 6 (1) and (3) (a) and (c) and 10 (a) and (b) to a proceeding is deemed to be a reference to the proceedings that led to the TILMA award.
1.1 (1) If a Canadian judgment or a registered Canadian judgment is a TILMA award,
(a) sections 6 (2) (c) (ii) to (iv) and 9 do not apply, and
(b) a reference in section 4 to sections 5 and 6 is deemed to be a reference to sections 5 and 6 (1), (2) (a), (b) and (c) (i), (3) and (4).
(2) If a registered Canadian judgment is a TILMA award against the government, the following must accord with the Crown Proceeding Act:
(a) enforcement of that registered Canadian judgment under section 4 of this Act;
(b) an order in respect of that registered Canadian judgment under section 6 (2) (a), (b) or (c) (i) of this Act.
(3) Subject to subsection (2), nothing in subsection (1) affects the power of the Supreme Court to make, in relation to a registered Canadian judgment that is a TILMA award, any order in relation to the enforcement of that registered Canadian judgment, including, without limitation, any order
(a) staying or limiting the enforcement of that registered Canadian judgment, or
(b) respecting the procedure to be used for the enforcement of that registered Canadian judgment,
that the court may make in relation to the enforcement of any other order or judgment of the court.
2 (1) Subject to subsection (2), a Canadian judgment, whether or not the judgment is final, may be registered under this Act for the purpose of enforcement.
(2) A Canadian judgment that requires a person to pay money may not be registered under this Act for the purpose of enforcement unless it is a final judgment.
(3) A Canadian judgment that also contains provisions for relief that may not be enforced under this Act may be registered under this Act except in respect of those provisions.
3 (1) A Canadian judgment is registered under this Act by paying the fee prescribed by regulation and by filing in the registry of the Supreme Court
(a) a copy of the judgment, certified as true by a judge, registrar, clerk or other proper officer of the court that made the judgment, and
(b) the additional information or material required by the Rules of Court.
(2) Law enforcement authorities acting in good faith may, without liability, rely on and enforce a purported Canadian judgment that
(a) was made in a proceeding between spouses, and
(b) enjoins, restrains or limits the contact one party may have with the other for the purpose of preventing harassment or domestic violence,
whether or not the judgment has been registered in the Supreme Court under subsection (1).
4 Subject to sections 5 and 6, a registered Canadian judgment may be enforced in British Columbia as if it were an order or judgment of, and entered in, the Supreme Court.
5 (1) A Canadian judgment that requires a person to pay money must not be registered or enforced under this Act
(a) after the time for enforcement has expired in the province or territory where the judgment was made, or
(b) later than 10 years after the date on which the judgment became enforceable in the province or territory where it was made.
(2) Equitable doctrines and rules of law in relation to delay apply to the enforcement of a Canadian judgment, to the extent that it provides for relief other than the payment of money.
6 (1) A party to the proceeding in which a registered Canadian judgment was made may apply to the Supreme Court for directions respecting its enforcement.
(2) On an application under subsection (1), the court may
(a) make an order that the judgment be modified as may be required to make it enforceable in conformity with local practice,
(b) make an order stipulating the procedure to be used in enforcing the judgment, or
(c) make an order staying or limiting the enforcement of the judgment, subject to any terms and for any period the court considers appropriate in the circumstances, if
(i) such an order could be made in respect of an order or judgment of the Supreme Court under the Rules of Court or any enactment relating to legal remedies and the enforcement of orders and judgments,
(ii) the party against whom enforcement is sought has brought, or intends to bring, in the province or territory where the Canadian judgment was made, a proceeding to set aside, vary or obtain other relief in respect of the judgment,
(iii) an order staying or limiting enforcement is in effect in the province or territory where the Canadian judgment was made, or
(iv) the judgement is contrary to public policy in British Columbia.
(3) Notwithstanding subsection (2), the Supreme Court must not make an order staying or limiting the enforcement of a registered Canadian judgment solely on the grounds that
(a) the judge, court or tribunal that made the judgment lacked jurisdiction over the subject matter of the proceeding that led to the judgment, or over the party against whom enforcement is sought, under
(i) principles of private international law, or
(ii) the domestic law of the province or territory where the judgment was made,
(b) the Supreme Court would have come to a different decision on a finding of fact or law or on an exercise of discretion from the decision of the judge, court or tribunal that made the judgment, or
(c) a defect existed in the process or proceeding leading to the judgment.
(4) An application for directions must be made under subsection (1) before any measures are taken to enforce a registered Canadian judgment if
(a) the enforceability of the judgment is, by its terms, subject to the satisfaction of a condition, or
(b) the judgment was obtained without notice to the persons bound by it.
7 (1) To the extent that a registered Canadian judgment requires a person to pay money, interest is payable as if it were an order or judgment of the Supreme Court.
(2) For the purpose of calculating interest payable under subsection (1), the amount owing on the registered Canadian judgment is the total of
(a) the amount owing on that judgment on the date it is registered under this Act, and
(b) interest that has accrued to that date under the laws applicable to the calculation of interest on that judgment in the province or territory where it was made.
8 An enforcing party is entitled to recover all costs, charges and disbursements
(a) reasonably incurred in the registration of a Canadian judgment under this Act, and
(b) assessed or allowed by a registrar of the Supreme Court.
9 Neither registering a Canadian judgment nor taking other proceedings under this Act affects an enforcing party's right to bring an action on the Canadian judgment or on the original cause of action.
10 This Act applies to
(a) a Canadian judgment made in a proceeding commenced after this Act comes into force, and
(b) a Canadian judgment made in a proceeding commenced before this Act comes into force and in which the party against whom enforcement is sought took part.
11 The Supplement to the Enforcement of Canadian Judgments Act, R.S.B.C. 1996, c. 115, is repealed.
[Note: See Table of Legislative Changes for the status of sections 12 to 18.]
| Section(s) | Affected Act | |
| 12–13 | Court Order Enforcement Act | |
| 14–15 | Court Rules Act | |
| 16–18 | Limitation Act |
Copyright (c) Queen's Printer, Victoria, British Columbia, Canada