Nova Scotia Government

Orders In Council
96-289, 96-290, and 96-291

concerning the implementation of the

Interprovincial Subpoena Act






Order In Council 96-289

Approved: the 23rd day of April, 1996

The Governor in Council on the report and recommendation of the Minister of Justice dated April 17, 1996, pursuant to Section 11 of Chapter 1 of the Acts of 1996, the Interprovincial Subpoena Act, and subsection (7) of Section 3 of Chapter 235 of the Revised Statutes of Nova Scotia, 1989, the Interpretation Act, is pleased to order and declare by proclamation that Chapter 1 of the Acts of 1996, the Interprovincial Subpoena Act, come into force on April 23, 1996.




Order In Council 96-290

Approved: the 23rd day of April, 1996

The Governor in Council on the report and recommendation of the Minister of Justice dated April 18, 1996, pursuant to Section 10 of Chapter 1 of the Acts of 1996, the Interprovincial Subpoena Act, is pleased to make a regulation designating the Commission of Inquiry into the Westray Mine Explosion as a court for the purpose of the Interprovincial Subpoena Act.




Order In Council 96-291

Approved: the 23rd day of April, 1996

The Governor in Council on the report and recommendation of the Minister of Justice dated April 18, 1996, pursuant to Section 10 of Chapter 1 of the Acts of 1996, the Interprovincial Subpoena Act, is pleased to make regulations prescribing the witness fees and travelling expenses to be paid pursuant to the Interprovincial Subpoena Act, in the form set forth in Schedule "A" attached to and forming part of the report and recommendation.




The  electronic  version  of  this  document  is  presented
here for  your  information  only.  Care  has  been  taken
to  transcribe  the  data  accurately, but it is not  intended
to be relied on as an  authoritative  reference.  In case of
differences, the official version is the authoritative source.





Interprovincial Subpoena Act Proclaimed

23 April 1996

The Interprovincial Subpoena Act has been proclaimed, Justice Minister Bill Gillis said today. Lieutenant Governor J. James Kinley signed the proclamation which signifies the act is now in force.

The Interprovincial Subpoena Act was introduced in the Legislature March 29, and was moved quickly through the legislative process.

The Act is designed to recognize and enforce subpoenas from other jurisdictions with reciprocal legislation. Under the act, a subpoena can be obtained in Nova Scotia and enforced in another province in Canada with similar legislation.

The Interprovincial Subpoena Act has already been adopted in every other common law province in Canada and the Yukon. Once a subpoena has been obtained in Nova Scotia, it is sent (along with witness fees and travelling expenses) to a court in a reciprocating jurisdiction for enforcement. These fees and expenses have been set by regulation.

The act will provide assistance in compelling the appearance of necessary witnesses in legal matters. Definitions of court differ across jurisdictions. In Nova Scotia, a "court" is defined to include a board, commission, tribunal, or other body that is designated in regulation. Should another jurisdiction have a more narrow definition of court, a subpoena issued by a board, commission, tribunal or other similar body may not always be enforced.

"I am very pleased we were able to move this bill forward quickly," said Dr. Gillis. "This is important legislation, not only for the possible impact it could have on the Westray Inquiry, but for the assistance it will provide in compelling the appearance of witnesses in future legal matters."

Source:
Nova Scotia Government press release, 23 April 1996
    http://www.gov.ns.ca/cmns/msrv/nr-1996/nr96-04/96042306.htm




Go To:   main Westray Mine Disaster page
    http://newscotland1398.ca/westray/wraymenu.html

Go To:   Home Page
    http://newscotland1398.ca/index.html


Valid HTML 4.01 webpage
W3C HTML Validation Service
http://validator.w3.org/

Valid CSS webpage
W3C CSS Validation Service
http://jigsaw.w3.org/css-validator/


First uploaded to the WWW: 1997 February 20
Latest update:   2011 February 13