Crown Witnesses Act

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Sections13

• 1Definitions

  1 In this Act, “trial” means any proceeding in a criminal matter in a court or before a justice of the peace, but does not include a proceeding in a matter arising out of a contravention of a by-law of a municipality or local board thereof, including a school board and a conservation authority; (“procès”) “witness” means a person who attends at the instance of the Crown to give evidence at a trial. (“témoin”) R.S.O. 1990, c. C.52, s. 1; 2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003

• 1.
• 2Fees for Crown witnesses

  2 (1) Witnesses attending trials at the instance of the Crown shall be paid the fees and allowances prescribed under the Administration of Justice Act. R.S.O. 1990, c. C.52, s. 2 (1). Exception (2) No witness fee or allowance shall be paid under subsection (1) to a member of a police service who attends a trial held in the county or district within which the police service is responsible for policing an area. R.S.O. 1990, c. C.52, s. 2 (2); 2019, c. 1, Sched. 4, s. 13. Compensation for preparatory work (3) The Crown Attorney, with the approval of the Deputy Attorney General, may order the payment of a sum in addition to the fees and allowances referred to in subsection (1) that he or she considers reasonable and sufficient to compensate the witness for doing any work in preparation for a trial or preparing any document or article for use at a trial. R.S.O. 1990, c. C.52, s. 2 (3). Increa…

• 2.
• 3Witness fees, etc., payable on prosecution of claims, etc., by the Crown

  3 In the case of an information, action or other legal proceeding by or on behalf of the Crown, for the prosecution of rights, claims or demands of the Crown against any person for the use of Ontario, or for the recovery of the possession of any land, deeds or personal property to which the Crown claims to be entitled for the use of Ontario, the witnesses are entitled to be paid the same witness fees and allowances as are payable in actions between subject and subject. R.S.O. 1990, c. C.52, s. 3. Section Amendments with date in force (d/m/y) CTS 6 FE 25 - 1 - 06/02/2025

• 3.
• 4Where evidence taken by commission

  4 Where a commission has issued to take the evidence of a witness, the fees and expenses incurred in and by the issue of the commission and taking of the evidence shall be paid in the same manner as witness fees. R.S.O. 1990, c. C.52, s. 4.

• 4.
• 5Fees, etc., not payable in advance

  5 A witness is not entitled to require payment of any witness fee or allowance under this Act before the determination by adjournment or otherwise of the trial at which he or she attends as a witness. R.S.O. 1990, c. C.52, s. 5. Agreements relating to confidential name changes

• 5.
• 6Purpose

  6 (1) The purpose of an agreement under this section is to facilitate, in circumstances that the Attorney General considers appropriate, with respect to persons who have undergone confidential name changes, and with respect to any other persons who live with or are related to them, (a) the provision of services and benefits to which they would otherwise be entitled, or the provision of equivalent services and benefits; and (b) the enforcement of financial obligations to the Crown to which they would otherwise be subject. 2006, c. 19, Sched. B, s. 5. Agreements with other authorities in Ontario (2) The Attorney General and any of the following may enter into an agreement under this section: 1. Another minister of the Crown. 2. An agency, board or commission of the Government of Ontario. 3. A municipality as defined in the Municipal Affairs Act. 2006, c. 19, Sched. B, s. 5. Agreements with…

• 6.
• 7Prohibition

  7 (1) The following information is confidential and privileged, and, subject to subsection (2), no person shall, directly or indirectly, knowingly disclose any such information: 1. Information respecting the location or change of identity of a person who receives protective assistance under a witness protection program. 2. Information respecting, i. the provision of protective assistance under a witness protection program, or ii. operational matters relating to the provision of that assistance. 3. Information relating to the application of section 6. 2009, c. 33, Sched. 2, s. 23 (2). Exceptions (2) Information listed in subsection (1) may be disclosed, (a) if the disclosure of the information is made for the purpose of providing protective assistance under a witness protection program or improving or otherwise administering the program; (b) if the Attorney General consents to the disclos…