INTERPROVINCIAL SUBPOENA ACT

Similar documents
JUDGMENT INTEREST ACT

CIVIL SERVICE GARNISHEE ACT

ADVOCATE FOR PERSONS WITH DISABILITIES ACT

GUARANTEES ACKNOWLEDGMENT ACT

Province of Alberta LANGUAGES ACT. Revised Statutes of Alberta 2000 Chapter L-6. Current as of January 1, Office Consolidation

CONSTITUTIONAL REFERENDUM ACT

ALBERTA PERSONAL PROPERTY BILL OF RIGHTS

TRANSITIONAL (INSURANCE AMENDMENT ACT, 2008 PART 5) REGULATION

HORSE RACING ALBERTA AMENDMENT ACT, 2014

Province of Alberta QUEEN S COUNSEL ACT. Revised Statutes of Alberta 2000 Chapter Q-1. Current as of May 14, Office Consolidation

HEALTH PROFESSIONS AMENDMENT ACT, 2008

REGIONAL HEALTH AUTHORITY MEMBERSHIP REGULATION

TRANSITIONAL MEMBERSHIP REGULATION

RECIPROCAL ENFORCEMENT OF JUDGMENTS ACT

BUILDING CODE REGULATION

BURIAL OF THE DEAD ACT

Province of Alberta EMERGENCY 911 ACT. Statutes of Alberta 2013 Chapter E-7.5. Current as of April 1, Published by Alberta Queen s Printer

ENVIRONMENTAL ASSESSMENT REGULATION

SECURITIES REGULATION

Province of Alberta REGULATIONS ACT. Revised Statutes of Alberta 2000 Chapter R-14. Current as of June 13, Office Consolidation

Province of Alberta COURT OF APPEAL ACT. Revised Statutes of Alberta 2000 Chapter C-30. Current as of December 15, Office Consolidation

COMMUNITY TREATMENT ORDER REGULATION

CONSULTING ENGINEERS OF ALBERTA ACT

ALBERTA PULSE GROWERS COMMISSION AUTHORIZATION REGULATION

ELECTRONIC TRANSACTIONS ACT GENERAL REGULATION

ALBERTA CENTENNIAL MEDAL ACT

LAND AGENTS LICENSING ACT

PERSONS WITH DEVELOPMENTAL DISABILITIES SERVICES ACT

FEEDER ASSOCIATIONS GUARANTEE ACT

PROTECTION AGAINST FAMILY VIOLENCE REGULATION

PATIENT CONCERNS RESOLUTION PROCESS REGULATION

WATER (OFFENCES AND PENALTIES) REGULATION

SMALL POWER RESEARCH AND DEVELOPMENT ACT

FARM IMPLEMENT DEALERSHIPS ACT

Province of Alberta MINORS PROPERTY ACT. Statutes of Alberta, 2004 Chapter M Current as of January 1, Office Consolidation

M.S.I. FOUNDATION ACT

DOMESTIC TRADE AGREEMENTS REGULATION

PRIVATE SEWAGE DISPOSAL SYSTEMS REGULATION

FEES AND EXPENSES FOR WITNESSES AND INTERPRETERS REGULATION

TRAVEL ALBERTA GENERAL REGULATION

MENTAL HEALTH PATIENT ADVOCATE REGULATION

PROTECTION FOR PERSONS IN CARE (MINISTERIAL) REGULATION

Province of Alberta FOREST RESERVES ACT. Revised Statutes of Alberta 2000 Chapter F-20. Current as of March 11, Office Consolidation

LAND INTERESTS CONVERSION REGULATION

Province of Alberta FATAL ACCIDENTS ACT. Revised Statutes of Alberta 2000 Chapter F-8. Current as of December 11, Office Consolidation

PETROLEUM MARKETING ACT

SKIN CANCER PREVENTION (ARTIFICIAL TANNING) ACT

ENVIRONMENTAL APPEAL BOARD REGULATION

PROVINCIAL COURT CIVIL CLAIMS FORMS REGULATION

ALBERTA ELECTRONIC HEALTH RECORD REGULATION

DRUG-ENDANGERED CHILDREN ACT

EXPROPRIATION ACT RULES OF PROCEDURE AND PRACTICE

ENFORCEMENT OF PRIVATE SURFACE AGREEMENT RULES

REGIONAL HEALTH AUTHORITY COLLECTIVE BARGAINING REGULATION

EXPROPRIATION ACT FORMS REGULATION

PROTECTING CHOICE FOR WOMEN ACCESSING HEALTH CARE ACT

ROLES, RELATIONSHIPS AND RESPONSIBILITIES REGULATION, 2003

FAMILY SUPPORT FOR CHILDREN WITH DISABILITIES ACT

ALBERTA INVESTMENT MANAGEMENT CORPORATION REGULATION

DESIGNATION OF CONSTITUTIONAL DECISION MAKERS REGULATION

PROTECTION FOR PERSONS IN CARE ACT

FINANCIAL CONSUMERS ACT

Province of Alberta FOREST RESERVES ACT. Revised Statutes of Alberta 2000 Chapter F-20. Current as of March 11, Office Consolidation

PROVINCIAL OFFENCES PROCEDURE ACT

BLACKFOOT FIRST NATIONS SACRED CEREMONIAL OBJECTS REPATRIATION REGULATION

SCHOOL BUSINESS OFFICIALS REGULATION

VITAL STATISTICS AND LIFE EVENTS MODERNIZATION ACT

Province of Alberta STATUTES REPEAL ACT. Statutes of Alberta, 2013 Chapter S Current as of February 20, Office Consolidation

Province of Alberta AUDITOR GENERAL ACT. Revised Statutes of Alberta 2000 Chapter A-46. Current as of December 15, Office Consolidation

INTERJURISDICTIONAL SUPPORT ORDERS ACT

APPROVALS AND REGISTRATIONS PROCEDURE REGULATION

NOTARIES AND COMMISSIONERS ACT

COMMUNITY AGGREGATE PAYMENT LEVY REGULATION

TRANSCRIPT FEES AND FORMAT REGULATION

EMERGENCY HEALTH SERVICES ACT

WAREHOUSEMEN S LIEN ACT

ADMINISTRATIVE PENALTY REGULATION

ANIMAL HEALTH (GENERAL) REGULATION

COURT OF QUEEN S BENCH ACT

RULES OF PRACTICE OF THE NATURAL RESOURCES CONSERVATION BOARD REGULATION

BUILDERS LIEN FORMS REGULATION

ANIMAL PROTECTION ACT

SURFACE RIGHTS ACT GENERAL REGULATION

POTATO GROWERS OF ALBERTA PLEBISCITE REGULATION

STORAGE TANK SYSTEM MANAGEMENT REGULATION

PRACTICE REVIEW OF TEACHERS REGULATION

PROTECTION AGAINST FAMILY VIOLENCE ACT

APPRENTICESHIP AND INDUSTRY TRAINING ADMINISTRATION REGULATION

ELECTRONIC TRANSACTIONS ACT

HUMAN TISSUE AND ORGAN DONATION ACT

REGIONAL HEALTH AUTHORITIES FOUNDATIONS REGULATION

PROVINCIAL COURT ACT

FAMILY LAW ACT GENERAL REGULATION

HEALTH QUALITY COUNCIL OF ALBERTA ACT

Province of Alberta WEED CONTROL ACT. Statutes of Alberta, 2008 Chapter W-5.1. Current as of October 1, Office Consolidation

AGRICULTURAL SERVICE BOARD ACT

PERSONAL DIRECTIVES ACT

RELEASE REPORTING REGULATION

PROTECTION OF CHILDREN ABUSING DRUGS REGULATION

Province of Alberta STRAY ANIMALS ACT. Revised Statutes of Alberta 2000 Chapter S-20. Current as of January 1, Office Consolidation

Transcription:

Province of Alberta INTERPROVINCIAL SUBPOENA ACT Revised Statutes of Alberta 2000 Current as of January 1, 2002 Published by Alberta Queen s Printer Alberta Queen s Printer Suite 700, Park Plaza 10611-98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 Fax: 780-452-0668 E-mail: qp@gov.ab.ca Shop on-line at www.qp.alberta.ca

Copyright and Permission Statement Alberta Queen's Printer holds copyright on behalf of the Government of Alberta in right of Her Majesty the Queen for all Government of Alberta legislation. Alberta Queen's Printer permits any person to reproduce Alberta s statutes and regulations without seeking permission and without charge, provided due diligence is exercised to ensure the accuracy of the materials produced, and Crown copyright is acknowledged in the following format: Alberta Queen's Printer, 20.* *The year of first publication of the legal materials is to be completed. Note All persons making use of this document are reminded that it has no legislative sanction. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law. Regulations The following is a list of the regulations made under the Interprovincial Subpoena Act that are filed as Alberta Regulations under the Regulations Act. Alta. Reg. Amendments Interprovincial Subpoena Act Interprovincial Subpoena... 67/2003... 21/2013, 74/2017

INTERPROVINCIAL SUBPOENA ACT Table of Contents 1 Definitions 2 Adoption of subpoena from outside Province 3 Conditions in adopting subpoena 4 Contempt of court for failure to comply 5 Certificate for issuance of subpoena in Alberta 6 Immunities 7 Additional fees 8 Non-application of Act 9 Designations as court 10 Regulations HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Definitions 1 In this Act, (a) court in Alberta includes a board, commission, tribunal or other body in Alberta; (b) court outside Alberta means (i) a court in a province or territory of Canada other than Alberta, or (ii) a board, commission, tribunal or other body of a province or territory that is designated pursuant to section 9 as a court outside Alberta for the purposes of this Act;

RSA 2000 Section 2 INTERPROVINCIAL SUBPOENA ACT (c) subpoena means a subpoena or other document requiring a person to attend as a witness. 1981 ci-8.1 s1 Adoption of subpoena from outside Province 2 The Court of Queen s Bench shall receive and adopt as an order of the Court of Queen s Bench a subpoena from a court outside Alberta if (a) the subpoena is accompanied with a certificate attached to or endorsed on the subpoena signed by a judge of a superior, county or district court of the issuing province or territory 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 or territory of the person subpoenaed and (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 or territory, (b) the subpoena is accompanied with the prescribed witness fee and travelling expenses. 1981 ci-8.1 s2 Conditions in adopting subpoena 3 The Court of Queen s Bench shall not adopt a subpoena from another province or territory under section 2 unless the law of that other province or territory has a provision similar to section 6 that provides absolute immunity to a resident of Alberta who is required to attend as a witness in the other province or territory from all proceedings of the nature set out in section 6 and within the jurisdiction of the Legislature of that other province or territory except only those proceedings grounded on events occurring during or after the required attendance of the person in the other province or territory. 1981 ci-8.1 s3 Contempt of court for failure to comply 4 Where a person who has been served with a subpoena adopted under section 2 and given the prescribed witness fee and travelling expenses not less than 10 days, or any shorter period the judge of the court in the issuing province or territory may indicate in the 2

RSA 2000 Section 5 INTERPROVINCIAL SUBPOENA ACT judge s certificate, before the date the person is required to attend in the issuing court, fails without lawful excuse to comply with the order, the person is in contempt of the Court of Queen s Bench and is subject to any penalty that that Court may impose. 1981 ci-8.1 s4 Certificate for issuance of subpoena in Alberta 5(1) Where a party to a proceeding in a court in Alberta causes a subpoena to be issued for service in another province or territory, the party may attend on a judge of the Court of Queen s Bench, who (a) shall hear and examine the party or the party s counsel, if any, and (b) on being satisfied that the attendance in Alberta of the person required in Alberta as a witness (i) is necessary for the due adjudication of the proceeding in which the subpoena has been issued, and (ii) in relation to the nature and importance of the proceedings, is reasonable and essential to the due administration of justice in Alberta, shall sign a certificate in the prescribed form and shall cause the certificate to be impressed with the seal of the Court of Queen s Bench. (2) The certificate referred to in subsection (1) shall be either attached to or endorsed on the subpoena. 1981 ci-8.1 s5 Immunities 6 A person required to attend before a court in Alberta by a subpoena adopted by a court outside Alberta is deemed, while within Alberta in answer to the subpoena, not to have submitted to the jurisdiction of the courts of Alberta 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 Alberta except only those proceedings grounded on events occurring during or after the required attendance of the person in Alberta. 1981 ci-8.1 s6 3

RSA 2000 Section 7 INTERPROVINCIAL SUBPOENA ACT Additional fees 7 Where a person is required to attend before a court in Alberta by a subpoena adopted by a court outside Alberta, the person may request the court in Alberta to order additional fees and expenses to be paid in respect of the 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 the person s attendance is insufficient, may order the party who obtained the subpoena to pay the person forthwith any additional fees and expenses that the court considers sufficient, and amounts paid pursuant to an order made under this section are disbursements in the cause. 1981 ci-8.1 s7 Non-application of Act 8 This Act does not apply to a subpoena that is issued with respect to a criminal offence under an Act of Canada. 1981 ci-8.1 s8 Designations as court 9 Where the Lieutenant Governor in Council considers it advisable, the Lieutenant Governor in Council may designate any board, commission, tribunal or other body of any other province or territory of Canada that has the power to issue a subpoena as a court outside Alberta for the purposes of this Act. 1981 ci-8.1 s9 Regulations 10 The Lieutenant Governor in Council may make regulations (a) prescribing the certificate referred to in section 5; (b) respecting the witness fees and travelling expenses that may be paid under this Act. 1981 ci-8.1 s10 4

*077970214X* Printed on Recycled Paper