P-27 - Special Procedure Act

Updated to 1 April 1999

This document has official status.

chapter P-27

Special Procedure Act

DIVISION I

Repealed, 1979, c. 32, s. 1.

1979, c. 32, s. 1.

1. (Repealed).

R. S. 1964, c. 22, s. 1; 1979, c. 32, s. 1.

2. (Repealed).

R. S. 1964, c. 22, s. 2; 1979, c. 32, s. 1.

3. (Repealed).

R. S. 1964, c. 22, s. 3; 1979, c. 32, s. 1.

4. (Repealed).

R. S. 1964, c. 22, s. 4; 1979, c. 32, s. 1.

DIVISION II ALTERATION OF THE TIME OR PLACE OF HOLDING ANY COURT

5. Whenever, under any act or proclamation, the time or place for holding any term of any court is altered, and any person has been ordered to appear or to do any other thing in such court which must be done in term, on a day which by reason of such alteration is no longer a day in term, or at a place where the court is no longer held, then such thing shall be done by such person on the first juridical day in the term, ordinary or extraordinary, next after that on which, but for such alteration, it ought to have been done, unless the court appoints another day, and at the place where the court is then held, and to which the records and documents of the court are removed, and at which all matters commenced at the former place of holding the court shall be continued and completed.

R. S. 1964, c. 22, s. 5.

DIVISION III

Repealed, 1979, c. 32, s. 1.

1979, c. 32, s. 1.

6. (Repealed).

R. S. 1964, c. 22, s. 6; 1979, c. 32, s. 1.

DIVISION IV

Repealed, 1979, c. 32, s. 1.

1979, c. 32, s. 1.

7. (Repealed).

R. S. 1964, c. 22, s. 7; 1979, c. 32, s. 1.

DIVISION V

Repealed, 1979, c. 32, s. 1.

1979, c. 32, s. 1.

8. (Repealed).

R. S. 1964, c. 22, s. 8; 1979, c. 32, s. 1.

DIVISION VI EVIDENCE TAKEN IN QUÉBEC AT THE REQUEST OF A COURT OF ANOTHER BRITISH POSSESSION OR OF A FOREIGN COUNTRY

9. When, upon petition to that effect, it is shown to the Superior Court or to one of the judges thereof, charged with the administration of justice in the district, that a court of any other Province of Canada, or of any other British possession, or of a foreign country, before which any civil or commercial case is pending, desires to have the evidence of any party or witness in the district, such court or judge may order that such party or witness may be examined under oath, either by means of question in writing or otherwise, before any person mentioned in the said order, and may summon, by the same or by a subsequent order, such party or witness to appear for examination, and may order him to produce any writing or document mentioned in the order, or any other writing or document relating to the matter, and which may be in his possession.

The same rule applies, with the necessary modifications, when an inquiry commission instituted by the Governor General in Council or by the Lieutenant-Governor in Council of another province of Canada desires to have the evidence of a witness.

R. S. 1964, c. 22, s. 16; 1974, c. 11, s. 34.

10. The commission for the examination of witnesses issued by the court or tribunal before which the case is pending or by the commission before which the hearing being held shall be sufficient proof in support of the petition.

R. S. 1964, c. 22, s. 17; 1974, c. 11, s. 34.

11. The petition may not, however, be granted unless the petitioner furnishes a surety possessing all the qualities and the solvency required by articles 1938 and 1939 of the Civil Code of Lower Canada, to secure the payment of the indemnity which may be due to the persons summoned to give evidence.

R. S. 1964, c. 22, s. 18.

12. Such order shall be served on the party or the witness in the ordinary way, by delivering to him a copy certified by the clerk. The time for service shall be that fixed by article 280 of the Code of Civil Procedure (chapter C-25).

R. S. 1964, c. 22, s. 19; 1965 (1st sess.), c. 80, a. 1.

13. After the service of the order as well as of a notice fixing the day and place of the hearing, and signed by the person or one of the persons entrusted with the hearing of the evidence, and after the payment or the tender of a sum sufficient to defray his travelling expenses at the rate usually allowed by the court of the district, the person so summoned shall be bound to appear at the place, day and hour mentioned, and to reply to the questions put to him; and the provisions of articles 284 and 313 of the Code of Civil Procedure (chapter C-25) shall be applicable to him if he either fails to appear or, without valid reason, refuses to answer.

R. S. 1964, c. 22, s. 20; 1965 (1st sess.), c. 80, a. 1.

14. The examination must be held either at the court house or at some other place in the local municipal territory in which the sittings of the court are held.

Nevertheless, if the party or the witness resides at a distance of more than 160 km from the place where the sittings of the court are held, the court or the judge may allow that he be examined in the locality where he resides.

R. S. 1964, c. 22, s. 21; 1984, c. 47, s. 213; 1996, c. 2, s. 777.

15. The oath shall be administered by the person or one of the persons authorized to receive such evidence.

R. S. 1964, c. 22, s. 22.

16. The provisions of the Code of Civil Procedure (chapter C-25) respecting the competence of witnesses and the examination thereof, must be followed whenever it is possible to apply them to examinations held under this Division.

R. S. 1964, c. 22, s. 23.

17. Any person so summoned to give evidence shall be entitled, for his expenses and loss of time, to his travelling expenses and the indemnity allowed to witnesses summoned to give evidence at a trial.

R. S. 1964, c. 22, s. 24.

18. The costs of the witnesses shall be taxed by the clerk, and the taxation shall be executory against the surety 15 days after the date of the examination.

R. S. 1964, c. 22, s. 25.

19. The surety may obtain a discharge by depositing in the hands of the clerk the amount of the costs and indemnity due to the party or the witness, with, in addition, the duty payable upon judicial deposits. The amount so deposited shall be paid by the clerk to the person entitled thereto, upon production of the copy of the order which was served upon him.

R. S. 1964, c. 22, s. 26.

20. The tariff of the Superior Court shall apply to every proceeding taken under this Division.

R. S. 1964, c. 22, s. 27.

DIVISION VII BURNT COURT HOUSES

21. By order published in the Gazette officielle du Québec, the Government may, at any time, extend to any judicial district of Québec, the court house of which has been destroyed by fire, the provisions of chapter 15 of the statutes of 1873/1874, to remedy the losses caused by the burning of the Québec court house; and, thereupon, on and after the day fixed in such order, such provisions shall apply, with the necessary modifications, to every such judicial district.

1969, c. 21, s. 28.

DIVISION VIII

This Division ceased to have effect on 17 April 1987.

22. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 22 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed, except sections 9 to 15, effective from the coming into force of chapter P-27 of the Revised Statutes.