O.C. 120/2003

March 26, 2003

A.R. 67/2003

March 27, 2003

   

    A P P E N D I X

    Interprovincial Subpoena Act

    INTERPROVINCIAL SUBPOENA REGULATION

    Table of Contents

Definition 1

Witness fees and travelling expenses 2

Form of certificate 3

Repeal 4

Expiry 5

Schedule

Definition

  

1   In this Regulation, "Act" means the Interprovincial Subpoena Act.

Witness fees and travelling expenses

  

2(1)  The witness fees and travelling expenses required to be given to a witness on service of an interprovincial subpoena must be a sum of money or a sum of money and valid travel warrants sufficient to satisfy the requirements of this section.

(2)  The fare to be paid to a witness 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 must be calculated in accordance with the following rules:

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

    (b) if transportation by rail is necessary for part of the journey and sleeping accommodation would normally be obtained for such a journey, the fare for sleeping accommodation must be included;

    (c) the most rapid form of transportation by regularly scheduled carrier must be accorded priority over all other forms;

    (d) if the material that the witness is required to produce in court is of a weight or size that attracts extra fares or charges, those extra amounts must be included.

(3)  The cost of hotel accommodation for the total journey and 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, must be paid to the witness.

(4)  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, in an amount not less than $48, must be paid to the witness.

(5)  An allowance of $20 per day for not less than 3 days must be paid to the witness.

Form of certificate

  

3   The certificate referred to in section 5 of the Act must be in the form set out in the Schedule.

Repeal

  

4   The Interprovincial Subpoena Regulation (AR 414/82) is repealed.

Expiry

  

5   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on March 31, 2013.

    SCHEDULE

    CERTIFICATE

I, (name of judge), a judge of the Court of Queen's Bench certify that I have heard and examined (name of applicant or applicant's 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 Alberta in the (name of court in which witness is to appear) styled (style of cause or proceeding).

I further certify that I am satisfied that the appearance of (name of witness) as a witness in the proceeding is necessary for the due adjudication of the proceeding, and, in relation to the nature and importance of the proceeding, is reasonable and essential to the due administration of justice in Alberta.

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

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 witness is subpoenaed and is absolutely immune from seizure of goods, service of process, execution of judgement, 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.

Dated

(Seal of Court) (Signature of Judge)