Interprovincial Subpoena Act

Link to law: http://nslegislature.ca/legc/statutes/interprv.htm
Published: 2016-01-05

Interprovincial Subpoena Act

CHAPTER 1 OF THE ACTS OF 1996

amended 1999 (2nd Sess.), c. 8, s. 6size>

An Act Respecting the
Interprovincial Enforcement of Subpoenas

Short title
1 This Act may be cited as the Interprovincial Subpoena Act. 1996,c. 1, s. 1.

Interpretation
2 In this Act,

(a) "court" means any court in a province of Canada and, wherea board, commission, tribunal or other body or person in a provinceof Canada has the power to issue a subpoena, includes that board,commission, tribunal, body or person;

(b) "subpoena" means a subpoena, summons or other documentissued by a court requiring a person within a province other thanthe province of the issuing court to attend as a witness to producedocuments or other things or to testify. 1996, c. 1, s. 2; 1999 (2ndSess.), c. 8, s. 6.

Exception from application
3 This Act does not apply to a subpoena that is issued with respect toa criminal offence under an Act of the Parliament of Canada. 1996, c. 1,s. 3.

Out-of-Province subpoenas
4 (1) The Supreme Court of Nova Scotia shall receive and adoptas an order of the Court a subpoena from a court outside the Province if

(a) the subpoena is accompanied by a certificate signed bya judge of a superior court of the issuing province andimpressed with the seal of that court, signifying that, uponhearing and examining the applicant, the judge is satisfiedthat the attendance in the issuing province of the personsubpoenaed

(i) is necessary for the due adjudication of theproceeding in which the subpoena is issued, and

(ii) in relation to the nature and importance of thecause or proceeding is reasonable and essential to thedue administration of justice in that province; and

(b) the subpoena is accompanied by the witness fees andtravelling expenses in accordance with the regulations.

(2) The certificate to which reference is made in clause (1)(a) may bein like effect to the form set out in the Schedule to this Act. 1996, c. 1, s. 4.

Condition for reciprocity
5 The Supreme Court of Nova Scotia shall not receive a subpoenafrom another province under Section 4 unless the law of that otherprovince has a provision similar to Section 8 providing absolute immunityto a resident of the Province who is required to attend as a witness in theother province from all proceedings of the nature set out in Section 8 andwithin the jurisdiction of the legislature of that other province except onlythose proceedings grounded on events occurring during or after therequired attendance of the person in the other province. 1996, c. 1, s. 5.

Contempt of court
6 Where a person who has been served with a subpoena adoptedunder Section 4 and given the witness fees and travelling expenses inaccordance with the regulations not less than ten days, or such shorterperiod as the judge of the court in the issuing province may indicate in thejudges certificate, before the date the person is required to attend inanswer to the subpoena, fails without lawful excuse to comply with theorder, that person is in contempt of court and subject to such penalty asthe Supreme Court of Nova Scotia may impose. 1996, c. 1, s. 6.

Out-of-Province service of subpoenas
7 (1) Where a party to a proceeding in any court in the Provincecauses a subpoena to be issued for service in another province of Canada,the party may attend upon a judge of the Supreme Court of Nova Scotiawho shall hear and examine the party or partys counsel, if any, and, uponbeing satisfied that the attendance in the Province of the person requiredin the Province as a witness

(a) is necessary for the due adjudication of the proceedingin which the subpoena or other document has been issued;and

(b) in relation to the nature and importance of theproceedings, is reasonable and essential to the dueadministration of justice in the Province,

shall sign a certificate which may be in the form set out in the Schedule tothis Act and shall cause the certificate to be impressed with the seal of theSupreme Court.

(2) In subsection (1), "party" includes the court or a member or officialof the court.

(3) The certificate shall be either attached to or endorsed on thesubpoena. 1996, c. 1, s. 7.

Immunity for out-of-Province witnesses
8 A person required to attend before a court in the Province by asubpoena adopted by a court outside the Province is deemed, whilewithin the Province in answer to the subpoena, not to have submitted tothe jurisdiction of the courts of the Province other than as a witness in theproceedings in which that person is subpoenaed and is absolutely immunefrom seizure of goods, service of process, execution of judgment,garnishment, imprisonment or molestation of any kind relating to a legalor judicial right, cause, action, proceeding or process within thejurisdiction of the Legislature except only those proceedings grounded onevents occurring during or after the required attendance of the person inthe Province. 1996, c. 1, s. 8.

Additional witness fees and expenses
9 Where a person is required to attend before a court in the Provinceby a subpoena adopted by a court outside the Province, that person mayrequest the court in the Province to order additional fees and expenses tobe paid in respect of that persons attendance as a witness and the court,if it is satisfied that the amount of fees and expenses previously paid tothe person in respect of that persons attendance is insufficient, may orderthe party who obtained the subpoena to pay the person forthwith suchadditional fees and expenses as the court considers sufficient, andamounts paid pursuant to an order made under this Section aredisbursements in the cause. 1996, c. 1, s. 9.

Regulations
10 (1) The Governor in Council may make regulations

(a) designating a board, commission, tribunal or otherbody of the Province or another province of Canada as acourt for the purpose of this Act;

(b) prescribing the witness fees and travelling expenses tobe paid pursuant to this Act;

(c) defining any word or expression used in this Act andnot defined herein;

(d) respecting any matter or thing the Governor in Councilconsiders necessary or advisable to carry out effectively theintent and purpose of this Act.

(2) The exercise by the Governor in Council of the authority containedin subsection (1) is regulations within the meaning of the Regulations Act. 1996, c. 1, s. 10.

Proclamation
11 This Act comes into force on such day as the Governor in Councilorders and declares by proclamation. 1996, c. 1, s. 11.

SCHEDULE

Certificate

I, . . . . . . . . . . . . . . . . . . . . (name of judge) a judge of the. . . . . . . . . . . . . . . . . . . . (name of court) have heard and examined. . . . . . . . . . . . . . . . . . . . (name of applicant party or partys counsel) who seeksto compel the attendance of . . . . . . . . . . . . . . . . . . . . (name of witness) toproduce documents or other articles or to testify, or both, in a proceeding in theProvince of Nova Scotia in the . . . . . . . . . . . . . . . . . . . . (name of court in whichwitness is to appear) styled . . . . . . . . . . . . . . . . . . . (style of proceeding).

I further certify that I am persuaded that the appearance of. . . . . . . . . . . . . . . . . . . . (name of witness) as a witness in the proceeding isnecessary for the due adjudication of the proceeding, and, in relation to the nature andimportance of cause or proceeding, is reasonable and essential to the dueadministration of justice in the Province of Nova Scotia.

The Interprovincial Subpoena Act (Nova Scotia) makes the following provision for theimmunity of . . . . . . . . . . . . . . . . . . . . (name of witness):

A person required to attend before a court in the Provinceof Nova Scotia by a subpoena adopted by a court outsidethe Province of Nova Scotia is deemed, while within theProvince of Nova Scotia in answer to the subpoena, not tohave submitted to the jurisdiction of the courts of theProvince of Nova Scotia other than as a witness in theproceedings in which the person is subpoenaed and isabsolutely immune from seizure of goods, service ofprocess, execution of judgment, garnishment,imprisonment or molestation of any kind relating to alegal or judicial right, cause, action, proceeding orprocess within the jurisdiction of the Legislature of theProvince of Nova Scotia except only those proceedingsgrounded on events occurring during or after the requiredattendance of the person in the Province of Nova Scotia.

Dated this . . . . . . . . . . . . . . .  day of . . . . . . . . . . . . . . .  19 . . . . .

(seal of the court) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(signature of judge)

1996, c. 1, Sch.

Proclaimed - April 23, 1996
In force - April 23, 1996
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