Money Judgment Enforcement Act

Comments welcome until September 30, 2023

Bill 27 - the Money Judgment Enforcement Act received first reading on May 1, 2023.  When brought into force, the Act will simplify the process of collecting funds for those who are owed money, while protecting debtors from unreasonable collection practices. 

Bill 27 was introduced without transition provisions or consequential amendments to provide interested parties with an opportunity to see exactly how the legislation will look and, if desired, provide an opportunity to comment and flag issues.  The plan is to continue the legislative process during the Fall 2023 legislative session and comments are welcome until the end of September so there is an opportunity to consider amendments, if necessary.

At this time, the Ministry can advise that Bill 27 will be amended to add approximately 200 consequential amendments that will be made to over 100 separate Acts.  Here is brief summary of the three broad types of consequential amendments that will be made:

1. The largest category is amendments allowing parties to file an order of a tribunal directly in the money judgment registry, instead of the present requirement to file those documents in the court for the debt to be enforceable.  In addition, government administrative decision makers will be allowed to file a certificate setting out a monetary penalty directly in the money judgment registry.
2. The second category is replacing all references to the Court Order Enforcement Act with references to the Money Judgment Enforcement Act.
3. The third category of is updating specific methods of enforcing money judgments, such as references to a “writ of seizure” or “garnishing order”, with a general reference to “enforcement proceedings” under the Money Judgment Enforcement Act.

Reason for change

Currently, creditors must make a court application for each method used to collect the funds owing. The proposed act would eliminate the need for unnecessary court involvement, making the enforcement of money judgments simpler and less expensive for both parties.

The new Money Judgment Enforcement Act will also:

• Protect debtors by expanding the items exempt from seizure and imposing an obligation that enforcement be conducted in a reasonable manner.
• Eliminate the need for creditors to apply to the court multiple times if wages must be garnished – streamlining the process and saving on court and legal fees for all parties.

The Money Judgment Enforcement Act will replace B.C.’s current Court Order Enforcement Act and be similar to legislation in Alberta, Saskatchewan and Newfoundland and Labrador.  

The new act is based on the Uniform Civil Enforcement of Money Judgments Act, adopted by the Uniform Law Conference of Canada (ULCC) in 2005, and revisions to the ULCC Act made by the British Columbia Law Institute (BCLI) in its 2005 Report.

Stakeholders and the public are invited to provide comments, concerns and opinions on the BCLI’s Report on the Uniform Civil Enforcement of Money Judgments Act. Following the consultation, ministry staff will review feedback and modify recommendations for the proposed new Money Judgment Enforcement Act.

Send your feedback to the Civil and Criminal Policy Division of Justice Services Branch, Ministry of Attorney General, at PLD@gov.bc.ca.