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OC 269/2012 - The Enforcement of Money Judgments Regulations (Minister of Justice and Attorney General)

Title: The Enforcement of Money Judgments Regulations

Minister: Minister of Justice and Attorney General

Summary: On May 28, 2012, these regulations (RRS E-9.22 Reg 1) will allow for implementation of The Enforcement of Money Judgments Act and the new money judgment enforcement process. These regulations will address the following matters:

  • setting the costs that may be claimed when acting pursuant to a sheriff’s authorization at 125% of the tariff;
  • setting the deemed damages amount for failure to comply with an authorization under the Act or for violation of the Act at $500.;
  • disclosure of information by judgment debtors and the process for examination of judgment debtors;
  • registration of judgments;
    • use of Personal Property Registry as the Judgment Registry;
    • process for registration, searches, discharges ad certified copies in the Judgment Registry;
  • setting the post-judgment interest rate of 5%;
  • setting out the requirements for enforcement instructions;
  • establishing the tariff of costs for enforcement services by the sheriff;
  • seizure of Crown accounts:
    • process for seizing Crown employment income accounts;
    • process for seizing ordinary course of business Crown accounts;
  • setting the required prescribed values for exempt property under the Act;
  • setting the amount that the initiating creditor is entitled to in priority to other creditors in recognition of the time and effort required to initiate enforcement;
  • establishment and distribution requirements for a collected fund that is to be distributed to enforcing judgment creditors under the Act;
  • service of documents provisions; and
  • setting out the various prescribed forms needed in the new process
See: The Enforcement of Money Judgments Act, section 125

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