Part 13 — Regulations and Rules of Court
106 Regulations
(a) defining, for the purposes of this Act, any term that is not
otherwise defined by this Act;
(b) prescribing those documents that must or, at the discretion
of the person registering them, may be registered in the
Personal Property Registry;
(c) governing documents, reports, notices, status reports,
records and returns that are to be used under this Act;
(c.1) prescribing the purchase price amount and market value
amount referred to in section 36(3);
(d) governing fees that may be c harged or received in respect of
any matter coming under this Act;
(e) prescribing and governing the determination of the value of
property that is exempt;
(f) prescribing property as exem pt for the purposes of section
88(j);
(g) governing the selection of exempt property by enforcement
debtors and their representatives;
(h) governing the determination of persons who qualify as
dependants for the purposes of this Act;
(i) prescribing persons who are to provide reports in respect of
matters coming under this Act and the persons to whom the
reports are to be made;
(j) subject to the provisions of this Act respecting the seizure of
property, governing the carrying out of seizures and the
removal, handling, storage and release of seized property;
(k) subject to the provisions o f this Act respecting evictions and
distraints, governing the carrying out of evictions and
distraints;
(l) governing the determination of enforcement debtors'
employment earnings exemptions;
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(m) prescribing the deductions that are to be used in determining
a person's net pay;
(n) governing the distributio n of proceeds that arise from
distress proceedings;
(o) subject to Part 7, governing procedures respecting
enforcement against land;
(p) with respect to land that is not registered under the Land
Titles Act,
(i) governing the registratio n, filing or recording of a writ
for the purposes of this Act;
(ii) subject to any enactment, governing the binding of or the
affecting of an enforcement debtor's interest in land;
(iii) modifying the operation of sections 26 and 68 to 76;
(iv) providing other provisions to operate in place of sections
26 and 68 to 76;
(v) providing for applications to the Court with regard to
enforcement against land;
(vi) authorizing the Court, on application to approve a sale of
land, to modify for the purposes of the sale the procedure
set out in the provisions referred to in subclauses (iii)
and (iv);
(vii) requiring that any order made pursuant to an application
referred to in subclause (vi) be made subject to any
provisions of any enactments or agreements governing
the disposition of interests in land that is not under the
Land Titles Act;
(q) subject to the provisions of this Act respecting agencies,
bailiffs and receivers, governing
(i) the agreements entered into under section 9;
(ii) the appointments and the suspensions and revocations of
appointments of bailiffs and receivers;
(iii) the qualifications of agen cies, bailiffs and receivers;
(iv) the carrying out of the duties and functions of agencies,
bailiffs and receivers;
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(v) the records, reports and information to be maintained,
held in confidence and released, as the case may be, by
agencies, bailiffs and receivers;
(vi) the handling, holding and distribution of property and
funds by agencies, bailiffs and receivers;
(vii) the supervision and insp ection of agencies, bailiffs and
receivers and their operations;
(viii) the security and indemnification to be provided to
agencies, bailiffs and receivers;
(r) for the purposes of section 59(2), governing the extent to
which an intermediary may enforce a security interest or
lien;
(s) subject to section 28, prescribing the period of time during
which the registration of the writ in the Personal Property
Registry remains in effect;
(t) governing the circumstances under which section 54(b) may
be used for the seizure of serial number goods;
(u) notwithstanding anything in this Act, providing for and
governing
(i) the carrying out of any functions under this Act by
electronic means, and
(ii) the creation, registratio n, service, transmittal, storage,
recording, presentation and handling of documents under
this Act by electronic means.
(2) Where this Act states that a document is to contain certain
information or statements, the regulations may require the
documents to contain information or statements that are additional
to those required by this Act.
(3) The Lieutenant Governor in Council may make regulations
(a) governing
(i) the service or giving of documents under this Act, and
(ii) when notices or other documents are considered to have
been given for the purpose of determining whether a
person has a related writ;
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(b) governing the circumstances in which applications to the
Court may be made for the purposes of this Act and the
relief that may be granted in respect of those applications;
(c) subject to any provisions o f this Act respecting writs,
governing
(i) the determination of amounts that remain outstanding or
otherwise owing on writs;
(ii) the period of time within w hich a writ may be issued by
the clerk;
(iii) the period of time during which a writ remains in force;
(iv) the renewal of writs;
(v) the amending of writs;
(d) governing the examination of and information to be
provided by persons for the purposes of
(i) determining or verifying the identity of an enforcement
debtor, and
(ii) determining the ability of
(A) an enforcement debtor to satisfy the claims of an
enforcement creditor, and
(B) a person who is subject t o the right of distress to
satisfy the claim of a person who has the right of
distress;
(e) subject to the provisions of this Act respecting garnishment,
governing
(i) the issuing and service of garnishee summons;
(ii) the time at which a gar nishee summons attaches a
current obligation or future obligation;
(iii) the amount payable under a garnishee summons;
(iv) the payment of money into Court by a garnishee;
(v) the information to be provided by a garnishee;
(vi) the amount payable to a garnishee as compensation for
carrying out the garnishee's duties;
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(vii) the liability incurred for not complying with a garnishee
summons and the provisions of this Act governing
garnishment;
(viii) the handlin g of funds received under garnishment;
(ix) the provision of information by the clerk;
(x) the making of objections with respect to garnishment;
(xi) the garnishment, when a garnished obligation arises or
becomes payable on the satisfaction of a condition;
(xii) the renewal of garnishee summonses;
(xiii) the disclosure by the gar nishee of the address of the
enforcement debtor;
(f) for the purposes of Divis ion 2 of Part 6, prescribing
(i) the circumstances in which service of a notice of seizure
on a transfer agent of an issuer constitutes service on the
issuer, and
(ii) the duties of the transfer agent when served with a notice
of seizure;
(g) prescribing, with respect to an issuer or intermediary under
Division 2 of Part 6 or with respect to a garnishee,
(i) a grace period following ser vice of a notice of seizure on
an issuer or intermediary or a garnishee summons on a
garnishee during which the issuer, intermediary or
garnishee is not subject to the duties that would
otherwise arise by virtue of that service, and
(ii) the conditions, if any, that must be met for an issuer,
intermediary or garnishee to receive the benefit of the
grace period;
(h) governing the enforcement of an order of possession and the
disposition of any personal property removed from a
location or premises.
RSA 2000 cC-15 s106;2009 c53 s2;2011 c14 s4;2023 c5 s2