Fees and Expenses for Witnesses and Interpreters Regulation

(Consolidated up to 98/2023 ) ALBERTA REGULATION 227/2021 Judicature Act Court of Justice Act FEES AND EXPENSES FOR WITNESSES AND INTERPRETERS REGULATION Table of Contents 1 Application of Regulation 2 Payment of fees and expenses 3 Witness expenses 4 Professional and expert witness fees and expenses 5 Interpreter fees and expenses 6 Minister’s authority 7 Repeal 8 Coming into force Application of Regulation 1 The fees and expenses set out in this Regulation are applicable to (a) a witness who attends for the purpose of giving or preparing to give evidence on behalf of the Crown in criminal proceedings, summary conviction appeals, preliminary inquiries, summary trials of indictable offences and summary convictions, except in the case of (i) a witness who attends a proceeding (A) under a municipal bylaw, or (B) for which the Government of Canada provides the prosecutor, (ii) a witness who is an inmate as defined in the Corrections Act and is brought to the place of the proceeding, (iii) a witness who is required to be at Court at the place of the proceeding on the same day as the proceeding for another purpose, or (iv) a witness who is (A) a police officer, or (B) an employee of the Government, and who is required to be a witness in the course of the officer’s or employee’s regular duties, (b) a witness who attends for the purpose of giving evidence in a proceeding on behalf of a director or on behalf of the Child and Youth Advocate as defined in the Child, Youth and Family Enhancement Act , and (c) an interpreter who attends (i) a criminal proceeding, summary conviction appeal, preliminary inquiry, summary trial of an indictable offence or summary conviction, (ii) a proceeding to which the Provincial Offences Procedure Act applies, (iii) a proceeding under the Child, Youth and Family Enhancement Act , or (iv) a proceeding under the Divorce Act (Canada) when the Court is required to provide an interpreter under paragraph 23.2(2)(b) of the Divorce Act (Canada). Payment of fees and expenses 2 (1) Fees and expenses payable to a witness who is eligible under section 1(a) and, subject to subsections (3) and (4), to an interpreter described in section 1(c) shall be paid by the Minister of Justice. (2) Fees and expenses payable to a witness described in section 1(b) shall be paid by the Minister of Children and Family Services. (3) Fees and expenses payable to an interpreter who attends a proceeding under a municipal bylaw shall be paid by the municipality. (4) Fees and expenses payable to an interpreter who attends a proceeding when the Government of Canada provides a prosecutor shall be paid by the Government of Canada. (5) For greater certainty, fees and expenses for witnesses and interpreters in private proceedings shall not be paid by the Government of Alberta, except fees and expenses payable to an interpreter referred to in section 1(c)(iv). AR 227/2021 s2;216/2022;98/2023 Witness expenses 3 (1) A witness shall be paid the following expenses in accordance with any directive issued by the Treasury Board respecting travel, meal and hospitality expenses, as though the witness were an employee as defined in the Public Service Act , to the extent set out in this section: (a) the fare for travel to attend at and return from the place of trial or proceedings by train, bus or other public ground transportation; (b) if travel by train, bus or other public ground transportation is inconvenient and the witness travels by (i) the witness’s own vehicle, the vehicle mileage allowance rate for each kilometre travelled to and from the place of trial or proceedings, or (ii) third party vehicle, the actual expense of hiring or renting the third party vehicle for travel to attend at and return from the place of trial or proceedings; (c) if a witness does not reside within a reasonable commuting distance of the place of the trial or proceedings, and is required to remain overnight, the actual expense of accommodation by an accommodation provider that has been approved by the Government of Alberta; (d) for necessary meals, the applicable meal allowance. (2) A claim for expenses set out in subsection (1)(a), (b)(ii) and (c) shall be supported by receipts or other proof of the expenses incurred. (3) If the expenses referred to in subsection (2) are not supported by receipts or other proof, the maximum payable is the maximum allowance for the expense set out in any directive issued by the Treasury Board respecting travel, meal and hospitality expenses for expenses without a receipt. Professional and expert witness fees and expenses 4 A person, when called on to give evidence in consequence of a professional service rendered by the person or to give expert evidence depending on the person’s skill or judgment, shall be paid the following fees and expenses: (a) up to $75 for each hour or part of an hour while in attendance at the proceedings; (b) the expenses set out in section 3. Interpreter fees and expenses 5 An interpreter shall be paid the following fees and expenses: (a) $45 for each hour or part of an hour while in attendance at the proceedings; (b) the expenses set out in section 3, except section 3(1)(b)(ii). Minister’s authority 6 If the Minister of Justice, the Deputy Minister of Justice or a person designated by either of them or if the Minister of Children and Family Services, the Deputy Minister of Children and Family Services or a person designated by either of them, having regard to the circumstances, is of the opinion that the fees and expenses authorized by this Regulation are insufficient, the Minister, Deputy or designated person may authorize payment to the claimant of any higher fee or expenses that the Minister, Deputy or designated person considers just. AR 227/2021 s6;216/2022;98/2023 Repeal 7 The Fees and Expenses for Witnesses and Interpreters Regulation (AR 123/84) is repealed. Coming into force 8 (1) This Regulation, except section 1(c)(iv), comes into force on January 1, 2022. (2) Section 1(c)(iv) comes into force on the coming into force of section 22.1 of An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act , chapter 16 of the Statutes of Canada, 2019 for Alberta.