Older Uniform Acts

Uniform Interprovincial Subpoenas Act (2001 consolidation)

INTERPROVINCIAL SUBPOENA ACT


(1974 Proceedings, pages 33, 189; 1998 Proceedings at page 53)

June 2001 consolidation

1. In this Act,

(a) "court" means any court in a province and, where a board, commission, tribunal or other body or person in a province has the power to issue a subpoena, includes that board, commission, tribunal, body or person;
(b) "subpoena" means a subpoena or other document issued by a court requiring a person within a province other than the province of the issuing court to attend as a witness before the issuing court.

(NOTE: In provinces where magistrates have power to issue subpoenas in civil matters in their official capacity and not out of a court, consideration should be given to a change in the definition of "court".)

2. (1) A court (enacting province) shall receive and adopt as an order of the court a subpoena from a court outside (enacting province) if

(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 due 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 for the due administration of justice in that province; and

(b) the subpoena is accompanied by the witness fees and travelling expenses in accordance with Schedule 1.

(2) The certificate to which reference is made in subsection (1)(a) may be in the form set out in Schedule B or in a form to the like effect.

3. A court in (enacting province) shall not receive a subpoena from another province under section 2 unless the law of that other province has a provision similar to section 6 providing absolute immunity to a resident of (enacting province) who is required to attend as a witness in the other province from all proceedings of the nature set out in section 6 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.

4. Where a person who has been served with a subpoena adopted under section 2 and given the witness fees and travelling expenses in accordance with schedule 1 not less than ten days, or such shorter period as the judge of the court in the issuing province may indicate in his certificate, before the date the person is required to attend in the issuing court, fails without lawful excuse to comply with the order, he is in contempt of court and subject to such penalty as the court may impose.

5. (1) Where a party to a proceeding in any court in (enacting province) causes a subpoena to be issued for service in another province of Canada, the party may attend upon a judge of (the Court of Appeal, or the Court of Queen's Bench, or a county court, or as the case may be) who shall hear and examine the party or his counsel, if any, and, upon being satisfied that the attendance in (enacting province) of the person required in (enacting province) as a witness

(a) is necessary for the due 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 due administration of justice in (enacting province);

shall sign a certificate which may be in the form set out in Schedule 2 and shall cause the certificate to be impressed with the seal of the court.

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

6. A person required to attend before a court in (enacting province) by a subpoena adopted by a curt outside (enacting province) shall be deemed, while within (enacting province) not to have submitted to the jurisdiction of the courts of (enacting province) other than as a witness in the proceedings in which he is subpoenaed and shall be 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 of (enacting province) except only those proceedings grounded on events occurring during or after the required attendance of the person in (enacting province).

Non-application of Act

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

(NOTE: Most courts have authority to require the payment of additional witness fees and conduct money where the amount paid on the service of the subpoena is inadequate. If there is any doubt about such authority, a provision similar to the following should be added:)

Order for additional witness fees and expenses

Where a person is required to attend before a court in (enacting province) by a subpoena adopted by a court outside (enacting province), he may request the court to order additional fees and expenses to be paid in respect of his attendance as a witness and the court, if it is satisfied that the amount of fees and expenses previously paid to the person in respect of his attendance is insufficient, may order the party who obtained the subpoena to pay the person forthwith such additional fees and expenses as the court considers sufficient, and amounts paid pursuant to an order made under this section are disbursements in the cause.

(NOTE: The following Schedule is recommended for consideration as Schedule of Witness Fees and Travelling Expenses. The amounts might be varied and other items might be added.)

SCHEDULE 1
Uniform Interprovincial Subpoena Act
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 sum of money together with valid travel warrants, sufficient to satisfy the following requirements:

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

If 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 total journey to the place where he is required to attend in court on the day before his attendance is required.
If 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.

In the calculation of the fare for transportation, the most rapid form of transportation by regularly scheduled carrier shall be accorded priority over all other forms.

If the material which 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 three days at the place where the witness is required to attend in court, in an amount not less than sixty dollars.

3. The cost f meals for the total journey and for not less than three days at the place where the witness is required to attend in court, an amount not less than forty-eight dollars.

4. In addition to the amounts described above, an allowance of twenty dollars 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 sixty dollars.

SCHEDULE 2
Uniform Interprovincial Subpoena Act Certificate


I, ______________________ a judge of the _____________________ certify that I
(name of judge) (name of superior, county or district court)


have heard and examined __________________ who seeks to compel the attendance of
(name of applicant party or his counsel)


___________________ to produce documents or other articles or to testify, or both in a
(name of witness)

proceeding in (enacting province) in the ______________ styled ________________________
(Name of court in which witness is to appear) (style of proceeding)


I further certify that I am persuaded that the appearance of ___________________ as a witness in
(name of witness)

the proceeding, and, in relation to the nature and importance of cause or proceeding, is reasonable and essential to the due administration of justice in (enacting province).

The Uniform Interprovincial Subpoena Act of (enacting province) makes the following provision for


the immunity of _____________________
(name of witness)

A person required to attend before a court in (enacting province) by a subpoena adopted by a court outside (enacting province) shall be deemed, while within (enacting province) not to have submitted to the jurisdiction of the courts of (enacting province) other than as a witness in the proceedings in which he is subpoenaed and shall be 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 of (enacting province) except only those proceedings grounded on events occurring during or after the required attendance of the person in (enacting province).

Dated this _____________ day of ____________, 19___


(seal of the court) ________________________________
(Signature of Judge)

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