Acts and Regulations

83-66 - Table of Fees and Allowances

Full text
Current to 16 June 2023
NEW BRUNSWICK
REGULATION 83-66
under the
Criminal Prosecution Expenses Act
(O.C. 83-358)
Filed April 29, 1983
Under section 2 of the Criminal Prosecution Expenses Act, the Lieutenant-Governor in Council makes the following Regulation:
1This Regulation may be cited as the Table of Fees and Allowances Regulation - Criminal Prosecution Expenses Act.
2(1)Fees and allowances paid to expert witnesses under the Table of Witness Fees Regulation - Provincial Offences Procedure Act apply mutatis mutandis to fees and allowances paid to interpreters under the Criminal Prosecutions Expenses Act.
2(2)Fees and allowances paid to witnesses and expert witnesses under the Table of Witness Fees Regulation - Provincial Offences Procedure Act apply mutatis mutandis to fees and allowances paid to witnesses and expert witnesses under the Criminal Prosecution Expenses Act.
2(3)For the purposes of the application of the Table of Witness Fees Regulation - Provincial Offences Procedure Act, the appropriate approving authority for fees and allowances paid to witnesses, expert witnesses and interpreters is:
(a) the solicitor issuing a Summons to a Witness 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 of New Brunswick if the matter is appealed.
2013-13; 2023, c.17, s.52
3The fee for a crier for each day attending trial is five dollars per day or any part thereof.
4The fee for a constable for each day attending trial is five dollars per day or any part thereof.
5Where no fees or allowances are provided for the performance of necessary services or for work done by direction of the Crown in connection with a prosecution or trial, the presiding judge may allow such amount as he deems reasonable.
6Where a trial is continued after six o’clock in the evening, if the court has been in session for six hours during the day, the presiding judge may, in his discretion, authorize the payment of an additional attendance fee.
7Despite sections 2, 5 and 6, witness fees are not payable to persons who are employees of
(a) the federal government,
(b) the Province, or
(c) a local government.
2005-62; 2017, c.20, s.47
8Regulation 74-165 under the Criminal Prosecution Expenses Act is repealed.
N.B. This Regulation is consolidated to June 16, 2023.