Section 1 (part) BEFORE renumbered by 2008-39-52(a), effective April 1, 2007 [retro from May 29, 2008 (Royal Assent)].
Section 1 (1) definition of "Canadian judgment" (part) BEFORE amended by 2008-39-52(b), effective April 1, 2007 [retro from May 29, 2008 (Royal Assent)].
"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,
but does not include a judgment, decree or order that
Section 1 definitions of "Agreement", "panel" and "TILMA award" were added by 2008-39-52(c), effective April 1, 2007 [retro from May 29, 2008 (Royal Assent)].
Section 1 (2) was added by 2008-39-52(d), effective April 1, 2007 [retro from May 29, 2008 (Royal Assent)].
Section 1 (1) definitions of "Agreement", "panel" BEFORE repealed by 2011-3-7(a), effective April 1, 2011 [retro from June 2, 2011 (Royal Assent)].
"Agreement" means the Trade, Investment and Labour Mobility Agreement Between British Columbia and Alberta;
"panel" means a panel convened under Article 26 or 29 of the Agreement;
Section 1 (1) definitions "TILMA" and "TILMA panel" were added by 2011-3-7(a), effective April 1, 2011 [retro from June 2, 2011 (Royal Assent)].
Section 1 (1) definitions "AIT", "AIT award", "domestic trade agreement", "domestic trade agreement award", "NWPTA", "NWPTA award", "NWPTA panel" and "presiding body" were added by 2011-3-7(b), effective April 1, 2011 [retro from June 2, 2011 (Royal Assent)].
Section 1 (1) definition "Canadian judgment" (definition sandwich) BEFORE amended by 2011-3-7(c), effective April 1, 2011 [retro from June 2, 2011 (Royal Assent)].
and, subject to section 1.1, includes a TILMA award, but does not include a judgment, decree or order that
Section 1 (1) definition "TILMA award" BEFORE amended by 2011-3-7(d), (e), effective April 1, 2011 [retro from June 2, 2011 (Royal Assent)].
"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.
Section 1 (2) BEFORE amended by 2011-3-7(f), effective April 1, 2011 [retro from June 2, 2011 (Royal Assent)].
(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.
Section 1 (1) definition of "Canadian judgment", paragraph (f) BEFORE amended by 2011-25-328(a), effective March 18, 2013 (BC Reg 131/2012).
(f) relates to the care, control or welfare of a minor,
Section 1 (1) definition of "Canadian civil protection order" was added by 2011-25-328(b), effective March 18, 2013 (BC Reg 131/2012).
Section 1 (1) definition of "Canadian judgment", paragraph (h) BEFORE amended by 2009-13-213, effective March 31, 2014 (BC Reg 148/2013).
(h) relates to the granting of probate or letters of administration or the administration of the estate of a deceased person;
Section 1 (1) definition of "Canadian judgment", paragraph (g) BEFORE amended by 2012-11-4(a), effective February 4, 2015 (BC Reg 16/2015).
(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
Section 1 (1) definition of "domestic trade agreement", paragraph (d) was added by 2012-11-4(b), effective February 4, 2015 (BC Reg 16/2015).
Section 1 (1) definition of "domestic trade agreement award", paragraph (d) was added by 2012-11-4(c), effective February 4, 2015 (BC Reg 16/2015).
Section 1 (1) definition of "enforcing party" BEFORE amended by 2012-11-4(d), effective February 4, 2015 (BC Reg 16/2015).
"enforcing party" means a person entitled to enforce a Canadian judgment in the province or territory where the judgment was made;
Section 1 (1) definitions of "prescribed trade agreement" and "province" were added by 2012-11-4(e), effective February 4, 2015 (BC Reg 16/2015).
Section 1 (2) (a) BEFORE amended by 2012-11-4(f) and (g), effective February 4, 2015 (BC Reg 16/2015).
(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,
(i) in the case of an AIT award, a reference to a member of the presiding body that made the AIT award,
(ii) in the case of a NWPTA award, a reference to a member of the NWPTA panel that made the NWPTA award, or
(iii) in the case of a TILMA award, a reference to a member of the TILMA panel that made the TILMA award,
Section 1 (2) (c.1) was renumbered as (d) by 2015-41-21, effective November 17, 2015 (Royal Assent).
Section 1.1 was enacted by 2008-39-53, effective April 1, 2007 [retro from May 29, 2008 (Royal Assent)].
Section 1.1 BEFORE amended by 2011-3-8, effective April 1, 2011 [retro from June 2, 2011 (Royal Assent)].
TILMA awards
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.
Section 1.1 (1) (b) BEFORE amended by 2012-11-5(a), effective February 4, 2015 (BC Reg 16/2015).
(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).
Section 1.1 (2) (b) BEFORE amended by 2012-11-5(b), effective February 4, 2015 (BC Reg 16/2015).
(b) an order in respect of that registered Canadian judgment under section 6 (2) (a), (b) or (c) (i) of this Act.
Section 2 (1) BEFORE amended by 2012-11-6, effective February 4, 2015 (BC Reg 16/2015).
(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.
Section 3 (1) (b) BEFORE amended by 2010-6-98,Sch 8, effective July 1, 2010.
(b) the additional information or material required by the Rules of Court.
Section 3 (2) BEFORE repealed by 2011-25-329, effective March 18, 2013 (BC Reg 131/2012).
(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).
Section 3 (1) (a) BEFORE amended by 2012-11-6, effective February 4, 2015 (BC Reg 16/2015).
(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 applicable Rules of Court.
Section 4 BEFORE re-enacted by 2011-3-9, effective April 1, 2011 [retro from June 2, 2011 (Royal Assent)].
Section 5 BEFORE amended and (1.1) was added by 2012-11-6, 8 and 9, effective February 4, 2015 (BC Reg 16/2015).
Time limit for registration and enforcement
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.
Section 6 (2) (c) (i) BEFORE amended by 2010-6-98,Sch 8, effective July 1, 2010).
(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,
Section 6 BEFORE amended by 2012-11-6, 9 and 10, effective February 4, 2015 (BC Reg 16/2015).
Application for directions
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 applicable 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.
Section 7 (2) BEFORE amended by 2012-11-11, effective February 4, 2015 (BC Reg 16/2015).
(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.