Victoria – New legislation will make it easier for people to get money owed to them following a civil court decision.
The proposed money judgment enforcement act will streamline the process for people collecting money owed to them through the courts or tribunals such as the Residential Tenancy Branch (RTB) or Civil Resolution Tribunal. This will reduce the need for people to involve the courts in the collection process.
BC Law Institute Report on the Uniform Civil Enforcement of Money Judgments Act, visit: https://www.bcli.org/publication/37-report-uniform-civil-enforcement-money-judgments-act/
“We hear all too often that when money is awarded through an RTB decision, it can take months or even years for people to collect,” said Ravi Kahlon, Minister of Housing. “By simplifying the collection process, people can have confidence they will be able to more quickly get what is owed to them so both parties can move on with their lives.”
The proposed legislation enables money judgments to be enforced with a single enforcement instruction after aperson registersin a searchable public registry. This eliminates the need to apply to the court multiple times to pursue collection. Tribunal orders will automatically be entered in the registry and enforced, instead of having to first be registered with the court.
The registry will serve as a one-stop shop for information about previous money judgments, including the current amount owing and commercial liens.
In addition, certain types of property, not contemplated in the old legislation, will be able to be seized, such as crops and co-owned property.
The legislation will also ensure collection is carried out equitably. Additional protections have been introduced to ensure that people owing money and their dependants can maintain a basic standard of living. This includes expanding the list of items exempt from seizure and moving certain details of the exemptions to regulations, to ensure exemption amounts can more easily be adjusted over time to reflect inflation.
The legislation is based on recommendations from the Uniform Law Conference of Canada and the British Columbia Law Institute. The new legislation will update and replace much of the current Court Order Enforcement Act.
