Hometime

Hometime · Alberta legislation

MHHS Minimum Housing and Health Standards

MHHS · Land Surveyors Act

Part 5 — Discipline

48 Witness

Current to 2022-11-16 · Official PDF

(1) The investigated person and any other person who in the
opinion of the Discipline Committee has knowledge of the
complaint or the conduct being investigated are compellable
witnesses in any proceeding under this Part.
(2) A witness may be examined under oath on all matters relevant
to the investigation or hearing before the Discipline Committee and
shall not be excused from answering any question on the ground
that the answer might tend to
(a) incriminate the witness,
(b) subject the witness to punishment under this Part, or
(c) establish the witness's liability
(i) to a civil proceeding at th e instance of the Crown or of
any other person, or
(ii) to prosecution under any Act,
but if the answer so given tends to incriminate the witness, subject
the witness to punishment or establish the witness's liability, it
shall not be used or received against the witness in any civil
proceedings, in a prosecution under Part 7 or in any proceeding
under any other Act, except in a prosecution for or proceedings in
respect of perjury or the giving of contradictory evidence.
(3) For the purpose of obtaining the testimony of a witness who is
out of Alberta, a judge of the Court on an application ex parte by
the Association may direct the obtaining of the evidence of the
witness in the manner provided under the Alberta Rules of Court
for the taking of the evidence of a person outside Alberta.
RSA 2000 cL-3 s48;2009 c53 s94