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Thursday, February 11, 2016
Saskatchewan Justice

Together with The Court Jurisdiction and Proceedings Transfer Act, The Enforcement of Canadian Judgments Act, 2002 implements the Uniform Law Conference of Canada legislation for the registration and enforcement of Canadian money and non-money judgments (court orders) between provinces and territories, and between Canada and foreign jurisdictions. The term "non-money judgments" includes orders that are made in a court, such as injunctions and specific performance orders. It also includes orders that operate to define certain rights and relationships, such as adult guardianship orders or orders that are purely declaratory in nature.

The Act implements the Morguard decision of the Supreme Court of Canada, Morguard Investments Ltd. v. de Savoye, [1990] 3 S.C.R. 1077. It provides a registration procedure for the enforcement of civil judgments between Canadian provinces and territories and between Canadian and foreign jurisdictions that does not require reciprocity or court supervision as a prerequisite to enforcement.

The Enforcement of Canadian Judgments Act, 2002 applies only to: 

  • Canadian judgments made in proceedings commenced after the Act comes into force; or 
  • Canadian judgments made in proceedings commenced before the Act comes into force where the judgment debtor took part in the proceeding;
  • Canadian civil protection orders in effect on or after April 28, 2008; and
  • Foreign civil protection orders in effect on or after May 16, 2012.

The Act does not apply to orders which are already the subject of enforcement procedures between provinces and territories, such as maintenance orders or foreign probates.

"Judgment", under this Act, does not include orders by administrative tribunals with respect to non-monetary relief.

A "Canadian civil protection order" and a “foreign civil protection order” prohibit a broad range of activities, from communication to actual contact, that can be used by a person to intimidate, threaten, coerce or otherwise harass another person. Previously, a civil protection order from another province or territory or country had to be registered in Saskatchewan to be enforceable in this province. Both orders are now deemed to be an order of the Saskatchewan Court of Queen's Bench and they are immediately enforceable by law enforcement agencies in the same manner as a local court order, whether or not the order has been registered in Saskatchewan.

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