Summary#
Bill 28 would replace New Brunswick’s current system for enforcing many civil judgments from other Canadian provinces and territories. It would create a registration process so these judgments could generally be enforced in New Brunswick as if they were judgments of the Court of King’s Bench.
The bill would also make certain protection orders enforceable by New Brunswick law enforcement agencies without first needing a separate New Brunswick court order. Amendments adopted on May 6, 2026 would allow regulations to identify additional types of protection orders covered by the law.
- Final money judgments from other Canadian provinces or territories could be registered and enforced in New Brunswick.
- Some non-money judgments could also be registered, including orders requiring someone to do or stop doing something.
- Judgments for child or spousal support, criminal fines, estates, child welfare matters, and judgments enforcing foreign or other provincial judgments would generally be excluded.
- A person could apply to the Court of King’s Bench to challenge registration or ask for directions about enforcement.
- The New Brunswick court could not cancel registration merely because it would have decided the original case differently or because the other court allegedly made a procedural error.
- Canadian civil protection orders could be enforced by New Brunswick law enforcement agencies, whether or not they are registered.
- The bill would repeal the current Canadian Judgments Act and its regulation. It would start on a date set by proclamation.
What it means for you#
- People owed money: A person with a qualifying final judgment from another Canadian province or territory could file it with the Court of King’s Bench and seek enforcement in New Brunswick. This could avoid starting a new lawsuit in New Brunswick.
- People facing enforcement: Registration could allow the judgment to be enforced in New Brunswick in the same way as a local court judgment. The person could apply to the Court of King’s Bench to challenge registration or request limits on enforcement.
- People involved in older cases: For most judgments, the new law would apply to cases started after the law takes effect. It would also apply to some earlier cases if the person against whom enforcement is sought took part in the case.
- New Brunswick residents who did not take part in a case: A judgment could not be registered under this bill if it concerns a consumer purchase or employment contract in New Brunswick and the individual lives in New Brunswick but did not participate in the original proceeding.
- People protected by civil protection orders: Orders from elsewhere in Canada that restrict contact, following, proximity, attendance at a place, harassment, or threats could be enforced in New Brunswick. The adopted amendment would also allow regulations to add other types of protection orders.
- Police and other law enforcement agencies: These agencies could enforce qualifying protection orders as if they were orders of the Court of King’s Bench. The bill would provide immunity for agencies and their employees or agents for actions or omissions made in good faith.
- Timing: The bill has not been shown in the supplied material as having received final passage or having come into force. Its start date would be set by proclamation.
Expenses#
No publicly available information.
- Applicants would have to pay a registration fee set by regulation.
- The person enforcing the judgment could recover reasonable registration costs, fees, charges, and disbursements.
- The bill does not provide an estimate of government, court, law enforcement, business, or individual costs.
- The bill would allow regulations to set the required documents and information, so some administrative requirements remain unclear.
Proponents' View#
No direct statements from supporters were supplied. Based on the bill’s design, possible arguments in favour include:
- The bill could make it easier and faster to enforce valid judgments across provincial and territorial borders.
- Treating a registered judgment like a New Brunswick judgment could reduce the need for a separate lawsuit.
- The process could help people and businesses collect money that a court has already ordered someone to pay.
- Immediate enforcement of qualifying protection orders could improve continuity of protection when a protected person or the person subject to the order enters New Brunswick.
- The bill would preserve court review, including the ability to challenge registration or ask the Court of King’s Bench to set enforcement conditions.
Opponents' View#
No direct statements from opponents were supplied. Possible concerns based on the bill’s design include:
- A person could face enforcement in New Brunswick based on a judgment made elsewhere without the New Brunswick court reconsidering the original facts, law, or procedure.
- The bill limits challenges based on alleged jurisdictional or procedural defects in the original case. This may raise questions about how people can respond to judgments they believe were improperly made.
- Registration could lead to enforcement before a person has made an application to the Court of King’s Bench, except in situations where the bill requires directions first.
- The bill leaves important details, including fees, required information, and additional protection orders, to future regulations.
- Law enforcement agencies would receive immunity for good-faith actions or omissions when enforcing a protection order. The bill does not explain how disputes about whether an order qualifies would be handled in practice.
- The costs and staffing effects for courts, government departments, law enforcement agencies, and people using the process are not provided.