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Transportation Appeal Tribunal of Canada Rules

Version of section 15 from 2006-03-22 to 2017-09-21:

  •  (1) Where a person has been summoned to appear as a witness before the Tribunal and does not appear, the party that requested the issuance of the summons may apply to the Tribunal for a warrant directing a peace officer to cause the person who failed to appear to be apprehended anywhere in Canada and, subsequent to the apprehension, to be

    • (a) detained in custody and forthwith brought before the Tribunal until his presence as a witness is no longer required; or

    • (b) released on a recognizance, with or without sureties, conditional on the person’s appearance at the date, time and place specified therein to give evidence at a proceeding.

  • (2) An application made pursuant to subsection (1) shall contain information indicating that

    • (a) the person named in the summons

      • (i) was served with the summons in accordance with subsection 14(2),

      • (ii) was paid or offered witness fees and allowances in accordance with subsection 14(3), and

      • (iii) failed to attend or remain in attendance before the Tribunal in accordance with the requirements of the summons; and

    • (b) the presence of the person named in the summons is material to the proceeding.

  • SOR/93-346, s. 6(E)

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