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C.C.S.M. c. E116
The Enforcement of Canadian Judgments Act
|Table of Contents|
(Assented to December 8, 2005)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 The following definitions apply in this Act.
"Canadian civil protection order" means a Canadian judgment or a portion of a Canadian judgment that prohibits a person from
(a) being in physical proximity to a specified person or following a specified person from place to place;
(b) contacting or communicating with a specified person, either directly or indirectly;
(c) attending at or within a certain distance of a specified place or location; or
(d) engaging in molesting, annoying, harassing or threatening conduct directed at a specified person. (« ordonnance civile de protection canadienne »)
"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 Manitoba,
(a) that requires a person to pay money, including an order for the payment of money that
(i) is made in the exercise of a judicial function by a tribunal of a province or territory of Canada other than Manitoba, and
(ii) is enforceable as a judgment of the superior court of unlimited trial jurisdiction in that province or territory;
(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;
but does not include a judgment, decree or order that
(d) is for maintenance or support, including an order enforceable under The Family Maintenance 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, other than a Canadian civil protection order;
(g) is made by a tribunal of a province or territory of Canada other than Manitoba whether or not it is enforceable as an order of the superior court of unlimited trial jurisdiction in that province or territory, 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. (« jugement canadien »)
"enforcement" includes requiring that a Canadian judgment be recognized by any person or authority, whether or not further relief is sought. (« exécution »)
"enforcing party" means a person entitled to enforce a Canadian judgment in the province or territory where the judgment was made. (« partie procédant à l'exécution »)
"registered Canadian judgment" means a Canadian judgment that is registered under this Act. (« jugement canadien enregistré »)
2(1) Subject to subsection (2), a Canadian judgment may be registered under this Act for the purpose of enforcement, whether or not the judgment is final.
2(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.
2(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 A Canadian judgment is registered under this Act by paying any required fee and filing with the registrar of the Court of Queen's Bench
(a) a copy of the judgment, certified as true by an officer of the court that made the judgment; and
(b) any additional information or material required by the regulations.
4 Subject to sections 5 and 6, a registered Canadian judgment may be enforced in Manitoba as if it were an order of the Court of Queen's Bench.
5(1) The provisions of a Canadian judgment that require a person to pay money must not be registered or enforced under this Act after
(a) the time for enforcement has expired in the province or territory where the judgment was made; or
(b) later than 10 years after the day on which the judgment became enforceable in the province or territory where it was made;
whichever occurs first.
5(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 Court of Queen's Bench for directions respecting its enforcement.
6(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) that order could be made in respect of an order of the Court of Queen's Bench pursuant to the rules of court or any Act relating to legal remedies and the enforcement of orders,
(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 it aside, vary it 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) it is contrary to public policy in Manitoba.
6(3) Despite subsection (2), the Court of Queen's Bench 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 Court of Queen's Bench 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 or court that made the judgment; or
(c) a defect existed in the process or proceeding leading to the judgment.
6(4) Despite subsection (1), an application for directions must be made 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, other than a Canadian civil protection order, was obtained without notice to the person 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 of the Court of Queen's Bench.
7(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 the Court of Queen's Bench.
9 Neither registering a Canadian judgment nor taking other proceedings under this Act affects an enforcing party's right
(a) to bring an action on the original cause of action; or
(b) to register and enforce the Canadian judgment pursuant to The Reciprocal Enforcement of Judgments Act.
CANADIAN CIVIL PROTECTION ORDERS
10 A Canadian civil protection order is deemed to be an order of the Court of Queen's Bench and may be enforced in the same manner as an order of that court for all purposes, whether or not the order is a registered Canadian judgment.
11 A Canadian civil protection order is enforceable by a law enforcement agency in the same manner as an order of the Court of Queen's Bench, whether or not the order is a registered Canadian judgment.
12 A Canadian civil protection order may be registered and enforced as a Canadian judgment for the purposes of this Act.
13 No action or proceeding shall be commenced against a law enforcement agency, or an employee or agent of a law enforcement agency, for anything in good faith done or omitted to be done in the enforcement of a Canadian civil protection order or a purported Canadian civil protection order.
14 The Lieutenant Governor in Council may make regulations
(a) respecting additional information or material that is to be filed in relation to the registration of a Canadian judgment under this Act;
(b) respecting forms and their use under this Act;
(c) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Act.
15(1) This Act applies to a Canadian judgment, other than a Canadian civil protection order, made in a proceeding
(a) commenced after this Act comes into force; or
(b) commenced before this Act comes into force and in which the party against whom enforcement is sought took part.
15(2) This Act applies to a Canadian civil protection order that
(a) is in force when this Act comes into force; or
NOTE: These sections contained consequential amendments to other Acts that are now included in those Acts.
18 This Act may be referred to as chapter E116 of the Continuing Consolidation of the Statutes of Manitoba.
19 This Act comes into force on a day to be fixed by proclamation.
NOTE: S.M. 2005 c. 50, was proclaimed in force March 22, 2006.