499. The court may, on the parties’ application, appoint a commissioner to examine a witness or to gather evidence in a foreign State if the court is convinced that the witness cannot be examined or the evidence gathered using technological means.
If the application concerns a person who is domiciled or resident in a foreign State, the court may issue a rogatory commission either to a competent authority in that State or to Canadian diplomatic or consular authorities. If required by the foreign State, the decision is accompanied by a translation, the cost of which is borne by the party that wishes to conduct the examination.
A commission for the examination of a person in active service in the Canadian Armed Forces outside Québec is addressed to the Judge-Advocate General to be executed by a person designated by the latter.