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RSNL1990 CHAPTER I-20

INTERPROVINCIAL SUBPOENA ACT

Amended:

1997 c13 s34

CHAPTER I-20

AN ACT RESPECTING THE ADOPTION OF THE UNIFORM INTERPROVINCIAL SUBPOENA IN THIS PROVINCE

Analysis



Short title

        1. This Act may be cited as the Interprovincial Subpoena Act .

1975-76 No33 s1

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Definitions

        2. In this Act

             (a)  "court" means a court in a province of Canada or another board, commission, tribunal or other body of another province of Canada that is designated as a court under section 10;

             (b)  " province of Canada " includes the Yukon Territory and the Northwest Territories ; and

             (c)  "subpoena" means a subpoena or other document issued by a court requiring a person within a province other than that of the issuing court to attend as a witness before the issuing court.

1975-76 No33 s2; 1997 c13 s34

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Adoption of interprovincial subpoena

        3. A court in this province shall receive and adopt as an order of the court a subpoena from a court outside this province where

             (a)  the subpoena is accompanied by a certificate signed by a judge of a superior, county or district court of the issuing province and impressed with the seal of that court, signifying that, upon hearing and examining the applicant, the judge is satisfied that the attendance in the issuing province of the person subpoenaed

                      (i)  is necessary for the adjudication of the proceeding in which the subpoena is issued, and

                     (ii)  in relation to the nature and importance of the cause or proceeding is reasonable and essential to the administration of justice in that province;

             (b)  no facts have been presented to the court from which it can reasonably infer that the attendance in the issuing province of the person subpoenaed can, or is likely to, adversely affect the health and well-being of that person or his or her dependents, or is likely to cause irreversible economic loss to that person; and

             (c)  the subpoena is accompanied by the witness fees and travelling expenses in accordance with Schedule A.

1975-76 No33 s3

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Immunity

        4. A court in this province may not receive a subpoena from another province under section 3 unless the law of that other province has a provision similar to section 7 providing absolute immunity to a resident of this province who is required to attend as a witness in the other province from all proceedings of the nature set out in section 7 and within the jurisdiction of the Legislature of that other province except only those proceedings grounded on events occurring during or after the required attendance of the person in the other province.

1975-76 No33 s4; 1990 c62 s14

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Failure to comply

        5. Where a person who has been served with a subpoena adopted under section 3 and given the witness fee and travelling expenses in accordance with Schedule A not less than 10 days, or a shorter period that the judge of the court in the issuing province may indicate in his or her certificate, before the date the person is required to attend in the issuing court, fails without lawful excuse to comply with the order, that person is in contempt of court and subject to a penalty that the court may impose.

1975-76 No33 s5; 1990 c62 s14

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Proceedings in this province

        6. (1) Where a party to a proceeding in a court in this province causes a subpoena to be issued for service in another province of Canada, the party may appear before a judge of the Trial Division who shall hear and examine the party or the party's counsel and, upon being satisfied that the attendance in this province of the person required in this province as a witness

             (a)  is necessary for the adjudication of the proceeding in which the subpoena or other document has been issued; and

             (b)  in relation to the nature and importance of the proceedings, is reasonable and essential to the administration of justice in this province,

shall sign a certificate, which may be in the form set out in Schedule B, and shall impress the certificate with the seal of the court.

             (2)  The certificate shall be either attached to or endorsed on the subpoena.

1975-76 No33 s6; 1986 c42 s148

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No submission to jurisdiction

        7. A person required to attend before a court in this province by a subpoena adopted by a court outside this province is considered, while within this province not to have submitted to the jurisdiction of the courts of this province other than as a witness in the proceedings in which that person is subpoenaed and is absolutely immune from seizure of goods, service of process, execution of judgment, garnishment, imprisonment or molestation of any kind relating to a legal or judicial right, cause, action, proceeding or process within the jurisdiction of the Legislature except only those proceedings grounded on events occurring during or after the required attendance of the person in this province.

1975-76 No33 s7

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Non-application of Act

        8. This Act does not apply to a subpoena that is issued with respect to a criminal offence under an Act of the Parliament of Canada.

1975-76 No33 s8

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Additional witness fees and expenses

        9. Where a person is required to attend before a court in this province by a subpoena adopted by a court outside this province, that person may request the court to order additional fees and expenses to be paid in respect of his or her attendance as a witness and the court, where it is satisfied that the amount of fees and expenses previously paid to the person in respect of his or her attendance is insufficient, may order the party who obtained the subpoena to pay the person immediately those additional fees and expenses as the court considers sufficient, and amounts paid under an order made under this section are disbursements in the cause.

1975-76 No33 s9

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Designation as court

     10. The Lieutenant-Governor in Council may designate a board, commission, tribunal or other body of another province of Canada which has the power to issue a subpoena, as a court for the purpose of this Act.

1997 c13 s34

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Schedule A

Witness Fees and Travelling Expenses

             The witness fees and travelling expenses required to be given to the witness upon service of an interprovincial subpoena shall be a sum of money or a sum of money together with valid travel warrants sufficient to satisfy the following requirements:

        1. The fare for transportation by the most direct route via public commercial passenger carrier between the witness's place of residence and the place at which the witness is required to attend in court in accordance with the following rules:

             (a)  where the journey or part of it can be made by air, rail or bus, that portion of the journey shall be by airline, rail or bus by tourist class or equivalent class via carriers on which the witness can complete his or her total journey to the place where the witness is required to attend in court on the day before his or her attendance is required;

             (b)  where railway transportation is necessary for part of the journey and sleeping accommodation would normally be obtained for such a journey, the fare for sleeping accommodation shall be included; and

             (c)  where the material that the witness is required to produce in court is of such weight or size as to attract extra fares or charges, the amount so required shall be included.

        2. The cost of hotel accommodation for not less than 3 days at the place where the witness is required to attend in court, in an amount not less than $60.

        3. The cost of meals for the total journey and for not less than 3 days at the place where the witness is required to attend in court, an amount not less than $48.

        4. In addition to the amounts described above, an allowance of $20 for each day of absence from the ordinary residence of the witness, and the witness shall be paid on account of this allowance not less than $60.

      1975-76 No33 Sch A

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Schedule B

Interprovincial Subpoena Act Certificate

I, . . . . . . . . . . . . . . . . . . . (Name of judge) . . . . . . . . . . . . . . . . . . . . . a judge . . . . . . . . . (Name of court) . . . . . . . . . . . . . . . . . . . . . certify that I have heard and examined. . . . . . (Name of applicant party or his or her counsel) . . . who seeks to compel the attendance of. . . . (Name of witness) . . . . .  to produce documents or other articles or to testify, or both, in a proceeding in the province in the . . . . . . . . . . (Name of court in which witness is to appear) . . . . . . . . . . . . . . . . . . . . . . . . . . styled . . . . . (Style of proceeding) . . . . . . . . . .  . . . . I further certify I am persuaded that the appearance of . . . . . (Name of witness) . . . . . . . . . . . . . as a witness in the proceeding is necessary for the adjudication of the proceeding, and, in relation to the nature and importance of cause or proceeding, is reasonable and essential to the administration of justice in the province.

The Interprovincial Subpoena Act of the province makes the following provision for the immunity of . . . . . . . . . (Name of witness) . . . . . . . . . . . . . .

                           "7. A person required to attend before a court in this province by subpoena adopted by a court outside this province is considered, while within this province not to have submitted to the jurisdiction of the courts of this province other than as a witness in the proceedings in which that person is subpoenaed and is absolutely immune from seizure of goods, service of process, execution of judgment, garnishment, imprisonment or molestation of any kind relating to a legal or judicial right, cause, action, proceeding or process within the jurisdiction of the Legislature except only those proceedings grounded on events occurring during or after the required attendance of the person in this province."

Dated this . . . . . . . . . day of . . . . . . . . . . . . . . . . . . , 19 . . . .
(Seal of the court)

. . . . . . . . (Signature of judge) . . . . . . . . . . . . . .

1975-76 No33 Sch B