C-25.01, r. 0.5 - Regulation respecting indemnities and allowances payable to witnesses summoned before courts of justice

Section 2 Disposition versions

2016-01-01

2. Indemnity for loss of time:

(1)  The indemnity payable to a witness is set at $90 per necessary day of absence from his home. However, such indemnity is reduced to $45 when the duration of the necessary leave of absence from his home does not exceed 5 hours.

(2)  A witness recognized and declared an expert by the court is entitled to an indemnity of $180 per necessary day of absence from his home. However, such indemnity is reduced to $90 when the duration of absence from his home does not exceed 5 hours.

On express request of an expert witness, and for exceptional reasons, the prosecutor in the case of a witness summoned by him in a criminal or penal matter, and the court in other cases, may increase the indemnity of the said witness. Such increase is not claimable from the opposing party.

(3)  Such indemnity is not paid to witnesses who, pursuant to Acts, orders in council, contracts, understandings or collective agreements, do not suffer a loss of wages as a result of their being summoned as witnesses.

Such indemnity is not paid to witnesses for a necessary day of absence from their home should such day fall on a holiday, on 26 December, on 2 January or on a Saturday, unless said absence entails a loss in wages.

Such indemnity is not paid to those persons hereinafter designated when they are summoned, in the exercising of their duties, to testify in a case:

(a)  members of the Sûreté du Québec;

(b)  members of the Royal Canadian Mounted Police;

(c)  members of a municipal police force;

(d)  special constables in the employ of railway companies or other companies;

(e)  any other special constable or officer of the peace being paid as such.

R.R.Q., 1981, c. C-25, r. 2, s. 2; O.C. 60-96, s. 2; O.C. 1289-97, s. 2; O.C. 379-2002, s. 1; I.N. 2016-01-01 (NCCP).

2012-09-01

2. Indemnity for loss of time:

(1)  The indemnity payable to a witness is set at $90 per necessary day of absence from his home. However, such indemnity is reduced to $45 when the duration of the necessary leave of absence from his home does not exceed 5 hours.

(2)  A witness recognized and declared an expert by the court is entitled to an indemnity of $180 per necessary day of absence from his home. However, such indemnity is reduced to $90 when the duration of absence from his home does not exceed 5 hours.

On express request of an expert witness, and for exceptional reasons, the prosecutor in the case of a witness summoned by him in a criminal or penal matter, and the court in other cases, may increase the indemnity of the said witness. Such increase is not taxable against the opposing party.

(3)  Such indemnity is not paid to witnesses who, pursuant to Acts, orders in council, contracts, understandings or collective agreements, do not suffer a loss of wages as a result of their being summoned to appear as witnesses.

Such indemnity is not paid to witnesses for a necessary day of absence from their home should such day fall on a non-juridical day, unless said absence entails a loss in wages.

Such indemnity is not paid to those persons hereinafter designated when they are summoned, in the exercising of their duties, to testify in a case:

(a)  members of the Sûreté du Québec;

(b)  members of the Royal Canadian Mounted Police;

(c)  members of a municipal police force;

(d)  special constables in the employ of railway companies or other companies;

(e)  any other special constable or officer of the peace being paid as such.

R.R.Q., 1981, c. C-25, r. 2, s. 2; O.C. 60-96, s. 2; O.C. 1289-97, s. 2; O.C. 379-2002, s. 1.