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Acts and Regulations
83-167
- Procedure
Table of contents
Enabling Act
1
Regulation number
Title
2011, c.173
Inquiries Act
Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 83-167
under the
Inquiries Act
(O.C. 83-914)
Filed November 10, 1983
Under section 14 of the
Inquiries Act
, the Lieutenant-Governor in Council makes the following Order:
2018-38
1
This Order may be cited as the
Procedure Order
-
Inquiries Act
.
2
The conduct of and the procedure to be followed on an inquiry shall be under the control and direction of the commissioners conducting the inquiry.
3
The commissioners may appoint counsel to assist them in the conduct of the inquiry, including the examination of witnesses.
4
(1)
The commissioners shall accord to any person who satisfies them that he has a substantial and direct interest in the subject matter of the inquiry, an opportunity during the inquiry to give evidence and to call and examine or to cross-examine witnesses personally or by his counsel on evidence relevant to his interests.
4
(2)
The commissioners shall not make any finding of misconduct on the part of any person in any report based upon an inquiry unless that person had reasonable notice of the substance of the misconduct alleged against him and was allowed full opportunity during the inquiry to be heard in person or by counsel.
5
(1)
No answer given by a witness at an inquiry is thereafter receivable in evidence in any civil trial to which that person is a party or in any other proceedings against him, other than a prosecution for perjury in giving that evidence.
5
(2)
A witness shall be informed by the commissioners of his right to object to answer any question under section 5 of the
Canada Evidence Act
, chapter E-10 of the Revised Statutes of Canada, 1970.
5
(3)
A witness is entitled to be advised by his counsel as to his rights, but such counsel shall take no other part in the hearing without leave of the commissioners.
6
Fees and expenses shall be tendered and paid to witnesses according to the rules applicable thereto contained in the
Rules of Court
.
7
Regulation 73-30 under the Inquiries Act is repealed.
N.B.
This Regulation is consolidated to May 15, 2018.
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