Acts and Regulations

81-214 - Table of Witness Fees

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Current to 16 June 2023
NEW BRUNSWICK
REGULATION 81-214
under the
Provincial Offences Procedure Act
(O.C. 81-1032)
Filed December 17, 1981
Under subsection 146(1) of the Provincial Offences Procedure Act, the Lieutenant-Governor in Council makes the following Regulation:
2013-7
1This Regulation may be cited as the Table of Witness Fees Regulation - Provincial Offences Procedure Act.
2013-7
2Subject to sections 3 and 4, fees to be paid to witnesses are as follows:
1A.Witness fee where the witness is required to attend the trial for ten days or more
(a)for one half day attendance..............$15
(b)for full day attendance..............$25
1B.Witness fee where the witness is required to attend the trial for less than ten days and, in the opinion of the Minister, the non-payment of a fee would constitute a hardship on the witness
(a)for one half day attendance..............$15
(b)for full day attendance..............$25
2.Repealed: 90-179
3.Meal allowance, to be determined at the same rate as allowances paid to persons employed in the public service as determined by the Treasury Board under the Financial Administration Act or the amount actually incurred, whichever is the lesser. Such amount shall be paid to witnesses who are not otherwise entitled to reimbursement for meals from any other source, who actually incurred such expense and whose attendance does not end prior to 12:30 p.m. and whose attendance continuing or commencing after 12:30 p.m. in the afternoon does not end prior to 5:00 p.m.
4.Subject to item 5, travel allowance, to be determined at the same rate as the highest rate paid to persons employed in the public service as determined by the Treasury Board under the Financial Administration Act per kilometer for every kilometer that the witness necessarily travels to and from Court.
5.Actual travel expenses for other than automobile travel, subject to pre-authorization by
(a) the subpoenaing solicitor in the Provincial Court,
(b) the clerk of The Court of King’s Bench of New Brunswick for the judicial district where the hearing is held, if the matter is appealed in The Court of King’s Bench of New Brunswick, or
(c) the Registrar of the Court of Appeal if the matter is appealed.
6.Actual accommodation expenses where required subject to pre-authorization by the appropriate approving authority referred to in item 5.
7.For the purposes of item 1,
“one half day attendance” means any period of attendance as a witness up to four hours in a day including time spent in travel to and from Court;(une demi-journée de présence)
“full day attendance” means any period in excess of four hours in a day.(une journée entière de présence)
83-96; 90-179; 2023, c.17, s.217
3Witness fees and allowances must be claimed by the witness and authorized by the appropriate approving authority referred to in item 5 of section 2.
4Despite section 2, witness fees are not payable to persons who are employees of
(a) the federal government,
(b) the Province, or
(c) a local government.
2005-57; 2017, c.20, s.145
5This Regulation comes into force on January 1, 1982.
N.B. This Regulation is consolidated to June 16, 2023.