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INTERPROVINCIAL SUBPOENA ACT

INTERPROVINCIAL SUBPOENA ACT

Chapter I‑9

Table of Contents

                1       Definitions

                2       Adoption of subpoena from outside Province

                3       Conditions in adopting subpoena

                4       Contempt of court for failure to comply

                5       Certificate for issuance of subpoena in Alberta

                6       Immunities

                7       Additional fees

                8       Non‑application of Act

                9       Designations as court

              10       Regulations


HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Definitions

1   In this Act,

                                 (a)    “court in Alberta” includes a board, commission, tribunal or other body in Alberta;

                                 (b)    “court outside Alberta” means

                                           (i)    a court in a province or territory of Canada other than Alberta, or

                                          (ii)    a board, commission, tribunal or other body of a province or territory that is designated pursuant to section 9 as a court outside Alberta for the purposes of this Act;

                                 (c)    “subpoena” means a subpoena or other document requiring a person to attend as a witness.

1981 cI‑8.1 s1

Adoption of subpoena from outside Province

2   The Court of Queen’s Bench shall receive and adopt as an order of the Court of Queen’s Bench a subpoena from a court outside Alberta if

                                 (a)    the subpoena is accompanied with a certificate attached to or endorsed on the subpoena signed by a judge of a superior, county or district court of the issuing province or territory and impressed with the seal of that court, signifying that, on hearing and examining the applicant, the judge is satisfied that the attendance in the issuing province or territory 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 to the due administration of justice in that province or territory,

                                     and

                                 (b)    the subpoena is accompanied with the prescribed witness fee and travelling expenses.

1981 cI‑8.1 s2

Conditions in adopting subpoena

3   The Court of Queen’s Bench shall not adopt a subpoena from another province or territory under section 2 unless the law of that other province or territory has a provision similar to section 6 that provides absolute immunity to a resident of Alberta who is required to attend as a witness in the other province or territory from all proceedings of the nature set out in section 6 and within the jurisdiction of the Legislature of that other province or territory except only those proceedings grounded on events occurring during or after the required attendance of the person in the other province or territory.

1981 cI‑8.1 s3

Contempt of court for failure to comply

4   Where a person who has been served with a subpoena adopted under section 2 and given the prescribed witness fee and travelling expenses not less than 10 days, or any shorter period the judge of the court in the issuing province or territory may indicate in the judge’s certificate, before the date the person is required to attend in the issuing court, fails without lawful excuse to comply with the order, the person is in contempt of the Court of Queen’s Bench and is subject to any penalty that that Court may impose.

1981 cI‑8.1 s4

Certificate for issuance of subpoena in Alberta

5(1)  Where a party to a proceeding in a court in Alberta causes a subpoena to be issued for service in another province or territory, the party may attend on a judge of the Court of Queen’s Bench, who

                                 (a)    shall hear and examine the party or the party’s counsel, if any, and

                                 (b)    on being satisfied that the attendance in Alberta of the person required in Alberta as a witness

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

                                          (ii)    in relation to the nature and importance of the proceedings, is reasonable and essential to the due administration of justice in Alberta,

shall sign a certificate in the prescribed form and shall cause the certificate to be impressed with the seal of the Court of Queen’s Bench.

(2)  The certificate referred to in subsection (1) shall be either attached to or endorsed on the subpoena.

1981 cI‑8.1 s5

Immunities

6   A person required to attend before a court in Alberta by a subpoena adopted by a court outside Alberta is deemed, while within Alberta in answer to the subpoena, not to have submitted to the jurisdiction of the courts of Alberta other than as a witness in the proceedings in which the 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 of Alberta except only those proceedings grounded on events occurring during or after the required attendance of the person in Alberta.

1981 cI‑8.1 s6

Additional fees

7   Where a person is required to attend before a court in Alberta by a subpoena adopted by a court outside Alberta, the person may request the court in Alberta to order additional fees and expenses to be paid in respect of the person’s 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 the person’s attendance is insufficient, may order the party who obtained the subpoena to pay the person forthwith any additional fees and expenses that the court considers sufficient, and amounts paid pursuant to an order made under this section are disbursements in the cause.

1981 cI‑8.1 s7

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 Canada.

1981 cI‑8.1 s8

Designations as court

9   Where the Lieutenant Governor in Council considers it advisable, the Lieutenant Governor in Council may designate any board, commission, tribunal or other body of any other province or territory of Canada that has the power to issue a subpoena as a court outside Alberta for the purposes of this Act.

1981 cI‑8.1 s9

Regulations

10   The Lieutenant Governor in Council may make regulations

                                 (a)    prescribing the certificate referred to in section 5;

                                 (b)    respecting the witness fees and travelling expenses that may be paid under this Act.

1981 cI‑8.1 s10