The Reciprocal Enforcement of Foreign Judgments (Canada) Order 1987

Made: 18th March 1987

Coming into force: 18th March 1987

At the Court at Buckingham Palace, the 18th day of March 1987 Present, The Queen’s Most Excellent Majesty in Council

Now, therefore, Her Majesty, by virtue and in exercise of the powers conferred on Her by sections 1 and 3 of the Foreign Judgments (Reciprocal Enforcement) Act 1933 and section 9(2) of the Civil Jurisdiction and Judgments Act 1982[^f00002] and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

1

This Order shall come into force on 18th March 1987 and may be cited as the Reciprocal Enforcement of Foreign Judgments (Canada) Order 1987.

2

Part 1 of the Foreign Judgments (Reciprocal Enforcement) Act 1933 shall extend to Canada.

3

The following courts of Canada shall be recognized courts of Canada for the purposes of Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933, that is to say the Federal Court of Canada and any court of the Province of British Columbia, Manitoba, New Brunswick, Nova Scotia or Ontario.

4

The following judgments shall be judgments to which Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933 applies, that is to say any decision, however described (judgment, order and the like), given by a recognized court of Canada in a civil or commercial matter and including an award in proceedings on an arbitration which has become enforceable in the same manner as a judgment given by one of the said courts.

5

A judgment given in one of the said courts of Canada shall, in the absence of proof to the contrary, be deemed to be capable of execution in Canada if a certified copy of the judgment and, if appropriate, a translation thereof into English, certified by a sworn translator, is produced.

6

The rate of interest due under the law of Canada upon the sum in respect of which a judgment of one of the said courts of Canada is given shall be deemed to be that specified in the judgment or any certificate of the original court accompanying the judgment and, if no rate is so specified, no interest shall be deemed to be due thereon under the law of Canada unless the contrary is shown.

7

It is hereby declared that–

• (a) the provisions contained in articles 5 and 6 of this Order are necessary for giving effect to the Convention scheduled hereto in relation to matters with respect to which there is power to make rules of court for the purposes of Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933; and

• (b) Article IX of the Convention scheduled hereto is a provision of a Convention whereby the United Kingdom assumes an obligation of the kind provided for in Article 59 of the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters, signed at Brussels on 27th September 1968[^f00003].

8

The Reciprocal Enforcement of Foreign Judgments (Canada) Order 1986[^f00004] is hereby revoked.

SCHEDULE — CONVENTION BETWEEN THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND CANADA PROVIDING FOR THE RECIPROCAL RECOGNITION AND ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS

Signed

G.I. de Deney — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

This Order replaces the Reciprocal Enforcement of Foreign Judgments (Canada) Order 1986 and provides for the extension of Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933 to the judgments of designated courts of Canada, makes provision regarding the registration and enforcement of such judgments and makes a declaration under section 9(2) of the Civil Jurisdiction and Judgments Act 1982 that Article IX of the Convention set out in the Schedule is a provision whereby the United Kingdom assumed an obligation of a kind provided for in Article 59 of the convention on jurisdiction and the enforcement of judgments in civil and commercial matters signed at Brussels on 27th September 1968.

Relevant judgments given after 31st December 1986 will be enforced in the United Kingdom upon registration in the High Court, the Court of Session or the High Court of Justice in Northern Ireland.

Footnotes

[^f00001]: 1933 c. 13 (as extended by S.I. 1933/1073 and amended by section 35(1) of and Schedule 10 to the Civil Jurisdiction and Judgments Act 1982 (c. 27)).

[^f00002]: 1982 c. 27.

[^f00003]: The Convention is set out in Schedule 1 to the Civil Jurisdiction and Judgments Act 1982.

[^f00004]: S.I. 1986/2027.