Transportation Appeal Tribunal of Canada Rules

15 (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 immediately brought before the Tribunal until their 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 travel expenses 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.