s.12 — Summonses

12 (1) A tribunal may require any person, including a party, by summons, (a)  to give evidence on oath or affirmation at an oral or electronic hearing; and (b)  to produce in evidence at an oral or electronic hearing documents and things specified by the tribunal, relevant to the subject-matter of the proceeding and admissible at a hearing.  ; (2) A summons issued under subsection (1) shall be in the prescribed form (in English or French) and, (a)  where the tribunal consists of one person, shall be signed by him or her; (b)  where the tribunal consists of more than one person, shall be signed by the chair of the tribunal or in such other manner as documents on behalf of the tribunal may be signed under the statute constituting the tribunal. (3) The summons shall be served personally on the person summoned. (3.1) The person summoned is entitled to receive the same fees or allowances for attending at or otherwise participating in the hearing as are paid to a person summoned to attend before the Superior Court of Justice.  ; (4) A judge of the Superior Court of Justice may issue a warrant against a person if the judge is satisfied that, (a)  a summons was served on the person under this section; (b)  the person has failed to attend or to remain in attendance at the hearing (in the case of an oral hearing) or has failed otherwise to participate in the hearing (in the case of an electronic hearing) in accordance with the summons; and (c)  the person’s attendance or participation is material to the ends of justice.  ; (4.1) The warrant shall be in the prescribed form (in English or French), directed to any police officer, and shall require the person to be apprehended anywhere within Ontario, brought before the tribunal forthwith and, (a)  detained in custody as the judge may order until the person’s presence as a witness is no longer required; or (b)  in the judge’s discretion, released on a recognizance, with or without sureties, conditioned for attendance or participation to give evidence. (5) Service of a summons may be proved by affidavit in an application to have a warrant issued under subsection (4). (6) Where an application to have a warrant issued is made on behalf of a tribunal, the person constituting the tribunal or, if the tribunal consists of more than one person, the chair of the tribunal may certify to the judge the facts relied on to establish that the attendance or other participation of the person summoned is material to the ends of justice, and the judge may accept the certificate as proof of the facts. (7) Where the application is made by a party to the proceeding, the facts relied on to establish that the attendance or other participation of the person is material to the ends of justice may be proved by the party’s affidavit.