Government of New Brunswick

Overview

Sheriff Services' staff operates in eight regional offices strategically located throughout New Brunswick. Sheriff Services provides a system for the service of documents, the execution of court orders in civil matters, jury management, the transportation of individuals in custody, and the provision of court security. The Branch is the enforcement arm of the court system.

Eligibility

Any person may ask the Sheriff's Office to assist them in enforcing (also referred to as executing) a court order, or to serve a document.

Description

The Sheriff Services Branch is the enforcement arm of the court system. Sheriff Services staff:

- provide courtroom security for the Court of Queen's Bench, the Court of Appeal and the Provincial Court in certain areas of the province.

- maintain security and provide safety to those involved in or attending court proceedings.

- monitor individuals in custody and the general public prior to, and during, court sessions.

- search and escort individuals in custody.

- transport individuals in custody to court appearances, to correctional facilities and to psychiatric facilities throughout the province.

- serve summonses, subpoenas, and notices or petitions issued under various legislation for individuals and other Government Departments.

- maintain the computerized system used to select potential jurors to sit on jury panels for jury trials.

- prevent any interference with the jury from court participants or members of the public.

- execute court orders, which involves having the Sheriff carry out the instructions of the court contained in the order. This may require the Sheriff to seize and sell property (including personal belongings, such as a vehicle, or mechanical equipment, as well as buildings or land), evict tenants, arrest persons and bring them to court.

Most of the orders that Sheriffs execute result from a civil court matter. One party (the judgment creditor) obtains a judgment (court order) for money to be paid by another party (the judgment debtor). If the judgment debtor does not pay voluntarily, the judgment creditor may pay a fee to have the Sheriff attempt to collect part, or all, of the amount owing. The judgment creditor must also pay any costs or disbursements incurred by the Sheriff in attempting to collect the amount owing.

Changes To Fees

This document provides the rationale supporting changes to fees, associated revenue information, and the legal authority:
2019JAGSheriffDeedandTransferEN.pdf

Fees

Unless otherwise specified, Fees exclude the harmonized sales tax (HST).

Fee DescriptionRate in $Effective Date
YYYY-MM-DD
On the receipt by a sheriff of any document for service:
  On one person or on more than one person in the same action or proceeding served at the same time. 75.001993-10-01
  On each additional person served in the same action or proceeding but not served at the same time 30.001993-10-01
On the filing or renewal of an order, a certificate or a writ that the sheriff is required to enforce 75.001993-10-01
For each attempt to enforce an order, a certificate or a writ 75.001993-10-01
For a sheriff’s deed or a sheriff’s transfer150.001993-10-01
For initiating enforcement action under section 42 of the Enforcement of Money Judgments Act120.002019-12-01
For a seizure or an attempted seizure under the Enforcement of Money Judgments Act

In addition to the least of the following amounts:

1. 10 per cent of

a) The enforcement proceeds, or;

b) If applicable the enforcement proceeds that will remain after payments are made under paragraph 91(1)(a) of that Act;

2. 10 per cent of the amount of the judgment that remains unsatisfied at the time of the seizure, and

3. $5,000.

300.002019-12-01
For all work performed by a sheriff in conducting an auction, except an auction under the Enforcement of Money Judgments Act 100.001993-10-01
Certificate stating the results of a search of a Sheriff's records: for one or two names 10.001993-10-01
Certificate stating the results of a search of a Sheriff's records: for each additional name5.001993-10-01
For the provision of a Sheriff’s certificate under subsection 66(1) of the Enforcement of Money Judgments Act 50.002019-12-01