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RSNL1990 CHAPTER P-39

PUBLIC INVESTIGATIONS EVIDENCE ACT

Amended:

CHAPTER P-39

AN ACT TO ENFORCE THE POWERS OF PUBLIC INVESTIGATING AND QUASI-JUDICIAL BODIES

Analysis



Short title

        1. This Act may be cited as the Public Investigations Evidence Act.

RSN1970 c117 s1

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Definition

        2. In this Act "investigating body" includes a royal commission, commission of public inquiry, trade dispute board, public arbitration board, or similar body lawfully constituted by public authority and for public purposes which has the duty of reporting upon, deciding, settling or judging a matter of public concern and has power to take evidence on oath or affirmation and to compel attendance of witnesses and the production of documents.

RSN1970 c117 s2

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Failure to answer questions etc.; penalty

        3. (1) Where a person from whom an investigating body is authorized to require answers to questions or inquiries, or an account or statement, or whose attendance an investigating body is authorized to require, refuses or wilfully neglects to answer those questions or inquiries or to give an account or statement or attend a meeting in obedience to an order or subpoena of that body or to give evidence before it, or wilfully alters, destroys, withholds or refuses to produce a deed, paper, writing, instrument, map, plan, book, or other document which may be lawfully required to be produced before that body or scandalizes that body at its sittings, that person is guilty of a contempt of the Supreme Court.

             (2)  A person guilty of contempt under subsection (1) shall be liable to be attached and committed or otherwise punished by that court on summary application by or on behalf of the investigating body to that court, and shall pay the costs of and attending that contempt as that court directs.

RSN1970 c117 s3

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Procedure

        4. In a case referred to in section 3 the investigating body may by itself or by a person authorized by it for the purpose issue an originating summons out of the Supreme Court entitled in the matter of the investigation in which the investigating body is concerned, and between the chairperson of the investigating body and the offender.

RSN1970 c117 s4

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Form of subpoena

        5. (1) A subpoena issued by an investigating body to an intended witness may be in the form set out in the Schedule.

             (2)  Notwithstanding subsection (1), a form of the same general effect shall be valid.

RSN1970 c117 s5

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Saving clause

        6. It is not an objection to a subpoena that it was not issued under a resolution or minute passed at a meeting of the investigating body, but a subpoena purporting to have been issued by the investigating body or by an officer of the investigating body on its behalf and signed by that officer is sufficient.

RSN1970 c117 s6

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Schedule

(Here insert name of investigating body issuing) _________________________________________________________

Appointed (here insert date of appointment) _________________________________________________________

SUBPOENA

To _________________________

             You are required to attend before the (here describe body) at (here describe place) on the _______ day of __________, l9 __ at ________ o'clock __.m. to give evidence as may be required of you. And bring with you (here describe documents, if any, to be brought by witness).

             Dated the _______ day of _______________, 19 __

                                   (Name) ________________________      
               Chairperson (or Secretary)

             Note: - By virtue of the Public Investigations Evidence Act, a person refusing or wilfully neglecting to attend, give evidence and produce documents, if lawfully required to do so by a public investigating body, is liable to be dealt with by the Supreme Court as a contempt of that court.

RSN1970 c117 Sch