Enforcement of Money Judgments Act
This consultation closed July 31, 2015.
The Ministry of Attorney General invites your comments on a proposed Enforcement of Money Judgments Act that will simplify the process of collecting funds for those who are owed money, while protecting debtors from unreasonable collection practices.
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 legislation under consideration would 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 proposed Enforcement of Money Judgments Act would replace B.C.’s current Court Order Enforcement Act and would be similar to legislation in Alberta, Saskatchewan and Newfoundland and Labrador.
The new act would be based on the Enforcement of Civil Judgments Act, adopted by the Uniform Law Conference of Canada in 2003, and on recommendations made in 2005 by the British Columbia Law Institute (BCLI).
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 Enforcement of Money Judgments Act.