Acts and Regulations

2011, c.180 - Interprovincial Subpoena Act

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Current to 1 January 2024
2011, c.180
Interprovincial Subpoena Act
Deposited May 13, 2011
Definitions
1The following definitions apply in this Act.
“court” means any court in a province of Canada and includes a board, commission, tribunal or other body of a province of Canada that has the power to issue a subpoena. (tribunal)
“prescribed” means prescribed by regulation. (prescrit)
“province” includes a territory of Canada. (province)
“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. (subpoena)
1979, c.I-13.1, s.1; 2000, c.30, s.1
Receipt and adoption of subpoena from another province
2The Court of King’s Bench of New Brunswick shall receive and adopt as an order of the court a subpoena from a court outside New Brunswick if
(a) the subpoena is accompanied by a certificate attached to or endorsed on the subpoena in the prescribed form 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, on 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 to the due administration of justice in that province, and
(b) the subpoena is accompanied by the prescribed witness fees and travelling expenses.
1979, c.I-13.1, s.2; 2000, c.30, s.2; 2023, c.17, s.124
Conditions in adopting subpoena
3The Court of King’s Bench of New Brunswick shall not adopt 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 New Brunswick 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.
1979, c.I-13.1, s.3; 2000, c.30, s.3; 2023, c.17, s.124
Contempt of court
4A person who without lawful excuse fails to comply with a subpoena adopted under section 2 is in contempt of The Court of King’s Bench of New Brunswick and is subject to a fine not exceeding the maximum fine set by the Provincial Offences Procedure Act for a category F offence, to imprisonment for not more than 90 days or to both a fine and imprisonment, if the person has been served with the subpoena and given the prescribed witness fee and travelling expenses not less than ten days, or such shorter period as the judge of the court in the issuing province may indicate in the judge’s certificate, before the date the person is required to attend in the issuing court.
1979, c.I-13.1, s.4; 2000, c.30, s.4; 2008, c.11, s.15; 2023, c.17, s.124
Certificate
5(1)If a party to a proceeding in a court in New Brunswick causes a subpoena to be issued for service in another province of Canada, the party may attend on a judge of The Court of King’s Bench of New Brunswick, who shall hear and examine the party or the party’s counsel, if any.
5(2) The judge shall sign a certificate in the prescribed form and cause the certificate to be impressed with the seal of the court if the judge is satisfied that the attendance in New Brunswick of the person required in New Brunswick 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 New Brunswick.
5(3)The certificate referred to in subsection (2) shall be either attached to or endorsed on the subpoena.
1979, c.I-13.1, s.5; 1980, c.32, s.15; 2023, c.17, s.124
Immunity
6A person required to attend before a court in New Brunswick by a subpoena adopted by a court outside New Brunswick is deemed, while within New Brunswick in answer to the subpoena, not to have submitted to the jurisdiction of the courts of New Brunswick 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 New Brunswick except only those proceedings grounded on events occurring during or after the required attendance of the person in New Brunswick.
1979, c.I-13.1, s.6; 2000, c.30, s.5
Insufficient fees and expenses
7(1)When a person is required to attend before a court in New Brunswick by a subpoena adopted by a court outside New Brunswick, the person may request the court in New Brunswick to order additional fees and expenses to be paid in respect of the person’s attendance as a witness.
7(2)If the court is satisfied that the amount of fees and expenses previously paid to a person referred to in subsection (1) in respect of the person’s attendance is insufficient, the court may order the party who obtained the subpoena to pay the person without delay the additional fees and expenses that the court considers sufficient.
7(3)An amount paid in accordance with an order made under this section is a disbursement in the cause.
1979, c.I-13.1, s.7
Non-application of Act
8This Act does not apply to a subpoena that is issued with respect to a criminal offence under an Act of Parliament.
1979, c.I-13.1, s.8
Regulations
9The Lieutenant-Governor in Council may make regulations
(a) prescribing the certificate referred to in sections 2 and 5;
(b) respecting the witness fees and travelling expenses that may be paid under this Act.
1979, c.I-13.1, s.10
N.B. This Act was proclaimed and came into force September 1, 2011.
N.B. This Act is consolidated to June 16, 2023.