Current Uniform Acts
OPTION 3: Incorporation of Implementing Provisions in a General Statute
This option represents the "minimalist" option by which the implementation of the Canada-France Convention and other similar conventions would be ensured. It would be sufficient to enact a limited number of provisions to give force of law to these conventions as part of a general statute on court orders enforcement, and not as a specific implementing act as proposed in option 1.
The provisions to be recommended by the ULC under option #3 would only be those that are necessary and essential in order to provide for the implementation of conventions into domestic law. The decision on the final format of the act would remain with each enacting jurisdiction. For that reason there is no need to provide for sections on the title of the act, definition, courts designation, regulations and entry into force.
Option 3 raises a number of stimulating questions for the consideration of the ULC as it proposes a different approach for the implementation of conventions. In addition, it should be linked to the discussion to be held in August 1997 on the project on general enforcement of foreign judgments, as the following provisions could be incorporated in a new uniform act on that subject. Such a uniform act could be drafted in two parts, the first one dealing with enforcement of judgments from non-treaty countries, the second part dealing with the enforcement of judgments from countries with which a convention exists, along the lines of the implementing provisions reproduced below.
Conventions in force
X. Conventions existing with countries designated by order of [Lieutenant Governor/ Minister] have force of law in the [enacting jurisdiction] at the time of their coming into force.
Y. The [Minister] shall publish the date a convention comes into force.