Witness Fee Rules Clarified for Tribunal

Summary#

This is a proposed small change to the Public Servants Disclosure Protection Tribunal Rules of Procedure that would make it clear when witnesses must be paid before attending a Tribunal hearing. The proposal was published on January 15, 2022 and interested people were invited to comment within 30 days (deadline February 14, 2022).

What it does#

• Clarifies how the Tribunal handles witness fees by aligning the rules with the Federal Courts Rules and the reference in subsection 21.2(3) of the Public Servants Disclosure Protection Act.
• Adds a new subrule (renumbering Rule 35 to include subrule 35(1) and adding subrule 35(2)) that says a witness does not have to attend a hearing unless any fees and allowances the member or panel has decided the witness should get under subsection 21.2(3) have been paid or at least offered to the witness.
• Restates that the Tribunal intends to use the same fee and travel-allowance approach found in the Federal Courts Rules (including amounts set out in Tariff A).

Who's affected#

• Witnesses called to appear before the Public Servants Disclosure Protection Tribunal are the main group affected.
• Parties involved in Tribunal hearings (the person making a disclosure, the person accused, their representatives) will also notice the change because it clarifies who must arrange payment of witness fees.
• The Royal Canadian Mounted Police (RCMP) was consulted and agreed with the proposal; they are relevant because the Tribunal must consider RCMP security and confidentiality needs.

Why it matters#

• It removes confusion about whether witnesses must be paid before attending. That can prevent last-minute delays in hearings.
• It makes the Tribunal’s practice consistent with the federal court system, so tribunals, parties, and witnesses know what fee amounts and conditions apply (for example the amounts set out in Tariff A of the Federal Courts Rules).
• This is mainly an administrative clarification rather than a policy change; it should make hearings run more smoothly and reduce uncertainty about who pays and when.