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BILL NO. 1





Government Bill




4th Session, 56th General Assembly
Nova Scotia
45 Elizabeth II, 1996




An Act Respecting the

Interprovincial Enforcement of Subpoenas





CHAPTER 1
ACTS OF 1996




The Honourable William Gillis
Minister of Justice




AS ASSENTED TO BY THE LIEUTENANT GOVERNOR
APRIL 16, 1996




Halifax
Printed by Queen's Printer for Nova Scotia







An Act Respecting the

Interprovincial Enforcement of Subpoenas

Be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Interprovincial Subpoena Act.

2 In this Act,

(a) "court" means any court in the Province or another province of Canada and includes a board, commission, tribunal or other body of the Province or another province of Canada that is designated pursuant to this Act as a court for the purpose of this Act;

(b) "subpoena" means a subpoena, summons 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 to produce documents or other things or to testify.

3 This Act does not apply to a subpoena that is issued with respect to a criminal offence under an Act of the Parliament of Canada.

4 (1) The Supreme Court of Nova Scotia shall receive and adopt as an order of the Court a subpoena from a court outside the Province if

(a) the subpoena is accompanied by a certificate signed by a judge of a superior court of the issuing province and impressed with the seal of that court, signifying that, upon 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 witness fees and travelling expenses in accordance with the regulations.

(2) The certificate to which reference is made in clause (1)(a) may be in like effect to the form set out in the Schedule to this Act.

5 The Supreme Court of Nova Scotia shall not receive a subpoena from another province under Section 4 unless the law of that other province has a provision similar to Section 8 providing absolute immunity to a resident of the Province who is required to attend as a witness in the other province from all proceedings of the nature set out in Section 8 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.

6 Where a person who has been served with a subpoena adopted under Section 4 and given the witness fees and travelling expenses in accordance with the regulations 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 answer to the subpoena, fails without lawful excuse to comply with the order, that person is in contempt of court and subject to such penalty as the Supreme Court of Nova Scotia may impose.

7 (1) Where a party to a proceeding in any court in the Province causes 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 Scotia who shall hear and examine the party or party's counsel, if any, and, upon being satisfied that the attendance in the Province of the person required in the Province 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 the Province,

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

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

(3) The certificate shall be either attached to or endorsed on the subpoena.

8 A person required to attend before a court in the Province by a subpoena adopted by a court outside the Province is deemed, while within the Province in answer to the subpoena, not to have submitted to the jurisdiction of the courts of the Province other than as a witness in the proceedings in which that 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 except only those proceedings grounded on events occurring during or after the required attendance of the person in the Province.

9 Where a person is required to attend before a court in the Province by a subpoena adopted by a court outside the Province, that person may request the court in the Province to order additional fees and expenses to be paid in respect of that person's attendance as a witness and the court, if it is satisfied that the amount of fees and expenses previously paid to the person in respect of that person's attendance is insufficient, may order the party who obtained the subpoena to pay the person forthwith such additional fees and expenses as the court considers sufficient, and amounts paid pursuant to an order made under this Section are disbursements in the cause.

10 (1) The Governor in Council may make regulations

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

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

(c) defining any word or expression used in this Act and not defined herein;

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

(2) The exercise by the Governor in Council of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act.

11 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.

SCHEDULE

Certificate

I, . . . . . . . . . . . . . . . . . . . . (name of judge) a judge of the . . . . . . . . . . . . . . . . . . . . (name of court) have heard and examined . . . . . . . . . . . . . . . . . . . . (name of applicant party or party's counsel) who seeks to compel the attendance of . . . . . . . . . . . . . . . . . . . . (name of witness) to produce documents or other articles or to testify, or both, in a proceeding in the Province of Nova Scotia in the . . . . . . . . . . . . . . . . . . . . (name of court in which witness 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 is necessary for the due adjudication of the proceeding, and, in relation to the nature and importance of cause or proceeding, is reasonable and essential to the due administration of justice in the Province of Nova Scotia.

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

A person required to attend before a court in the Province of Nova Scotia by a subpoena adopted by a court outside the Province of Nova Scotia is deemed, while within the Province of Nova Scotia in answer to the subpoena, not to have submitted to the jurisdiction of the courts of the Province of Nova Scotia 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 the Province of Nova Scotia except only those proceedings grounded on events occurring during or after the required attendance of the person in the Province of Nova Scotia.

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

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