Current Uniform Acts

Enforcement of Canadian Judgments Act Amendment Act

1    The Uniform Enforcement of Canadian Judgments Act is amended in section 1 in the definition of “Canadian judgment”

(a)  in paragraph (a) by adding the word “and” at the end,

(b)  in paragraph (b) by deleting “; and” as the final words and substituting “.”,

(c)  by deleting paragraph (c).

Comment: In the Uniform Enforcement of Canadian Judgments Act, when first recommended, the definition of “Canadian judgment” expressly referred to restitution orders made under sections 725 and 726 of the Criminal Code. The practice was that these orders would be registered in the superior court of the province or territory where the order was made. The former definition ensured that the machinery of the Act would be available to facilitate their enforcement in other parts of Canada.

In 1995, amendments were made to the Code to permit the registration of these restitution orders in the superior court of any province or territory in Canada so it would no longer be necessary to invoke the machinery of the Act. This housekeeping amendment updates the definition by deleting the now unnecessary reference to restitution orders.