Policy
Out of Province Judgments
A judgment issued out of another provincial court must be certified by the Nova Scotia prothonotary to give it effect in Nova Scotia. This is covered by the Reciprocal Enforcement of Judgments Act. The certification by our prothonotary gives the judgment effect in Nova Scotia and allows it to be recorded.
If a judgment is submitted that has been issued from the court of another province, and has not been made an order of the Nova Scotia court, then staff would have to reject the judgment.
See: NB Judgment - Order of NB court
Note: This is not acceptable for recording as this is a judgment that was issued out of a New Brunswick court.
Out of province judgments presented for recording must be issued from the Provincial or Supreme Court of Nova Scotia and must be submitted on a Form 46 which has been signed by the Prothonotary.
Exception: Federal Court judgments must be issued by the Federal Court and are submitted on a Form 46 (Certificate of Certificate Registration) which has been signed by a federal court official.
The submitter would have to contact the applicable Nova Scotia court to have the out of province judgment entered as an Order of the Nova Scotia court.
See: NB Judgment – Order of NS court
Note: This is not acceptable for recording, as this is merely the first step towards getting this type of judgment issued on a Form 46.
Exception: For federal judgments from another province, the submitter would have to contact a representative from the Canada Revenue Agency in NS for guidance on how they will issue their judgment on a Form 46 (Certificate of Certificate Registration).
Once the judgment has been entered as an Order of the Nova Scotia court, then the submitter would have to make arrangements to have a Form 46 completed and signed by the Prothonotary.
See: NL Judgment issued out of NS court
Note: This judgment was made an order of the Nova Scotia court on March 2, 2011 which is now acceptable for recording at the land registry office.