New Brunswick Enforcement of Money Judgments Act changes take effect December 1, 2019
The Enforcement of Money Judgments Act and its companion An Act Respecting the Enforcement of Money Judgments Act, which establish a new system for the enforcement of money judgments in New Brunswick, take effect December 1, 2019. These Acts repeal several existing Acts such as the Memorials and Executions Act, the Creditors Relief Act, the Absconding Debtors Act, the Arrest and Examinations Act and the Garnishee Act. Certain provisions of the Personal Property Security Act (PPSA) and Regulations are also amended.
Any registrations previously made under the Creditors Relief Act will continue as registrations authorized under the Enforcement of Money Judgments Act, and the names of the two registration types affected will be adjusted as follows:
- Creditors Relief Act Notice of Claim will be Enforcement of Money Judgments Act Notice of Claim; and
- Creditors Relief Act Notice of Judgment will be Enforcement of Money Judgments Act Notice of Judgment.
As well, the maximum registration term for the Enforcement of Money Judgments Act Notice of Judgment will be 15 years from the date of the judgment, rather than the current 20 years.
Where a Creditors Relief Act Notice of Judgment was registered for a period longer than 15 years, that registration's term will not be reduced by the Personal Property Registry (PPR) system. However, the registration will cease to be effective for the purposes of enforcement when the 15-year maximum period set out in Enforcement of Money Judgments Act ends. For any future renewals of these registrations, the term will not be allowed to exceed the new maximum of 15 years.
For more information, see the New Brunswick Acts and Regulations website generally or the following:
As well, see Service New Brunswick PPSA regulation amendments.
If you experience any issues, or have any questions or concerns, please call the Client Support Centre at 1-855-324-2265.