New Brunswick Translated Documents Regulations

SOR/93-9

Registration 22 December, 1992

CRIMINAL CODE

New Brunswick Translated Documents Regulations

The Lieutenant-Governor in Council of New Brunswick, pursuant to section 533 of the Criminal Code, hereby revokes New Brunswick Regulation 85-166 made on October 10, 1985, and makes the annexed Regulations respecting the status and admissibility into evidence of documents translated by Official Translators in New Brunswick, in substitution therefor.

December 17, 1992

REGULATIONS RESPECTING THE STATUS AND ADMISSIBILITY INTO EVIDENCE OF DOCUMENTS TRANSLATED BY OFFICIAL TRANSLATORS IN NEW BRUNSWICK

SHORT TITLE

1. These Regulations may be cited as the New Brunswick Translated Documents Regulations.

INTERPRETATION

2. In these Regulations,

"document" includes a transcript of any proceedings; (document)

"judge" means

(a) the Chief Justice of New Brunswick,

(b) the Chief Justice of The Court of Queen's Bench of New Brunswick,

(c) a judge of The Court of Appeal of New Brunswick,

(d) a judge of The Court of Queen's Bench of New Brunswick, or

(e) a judge of the Provincial Court of New Brunswick; (juge)

"Official Translator" means a person appointed by the Lieutenant-Governor in Council under subsection 15(3) of the Official Languages of New Brunswick Act, chapter 0-1 of the Revised Statutes of New Brunswick, 1973; (traducteur officiel)

"proceedings" means any proceedings relating to a preliminary inquiry or trial in a criminal matter that is under an Act of Parliament and that is before the Provincial Court of New Brunswick, The Court of Queen's Bench of New Brunswick or The Court of Appeal of New Brunswick; (procédure)

"translation" means a translation from one of the official languages of Canada into the other official language of Canada by an Official Translator. (traduction)

CERTIFICATE

3. (1) Where an Official Translator signs or purports to sign a certificate certifying that a translation of a document is correct, the certificate is evidence of the statement contained therein without proof of the appointment, signature or official character of the Official Translator.

(2) A translation of a document, in whole or in part, that is certified in accordance with subsection (1) is admissible in evidence.

EVIDENCE

4. (1) A translation of a document that has been certified in accordance with subsection 3(1) is equally authentic and of equal weight in evidence as the document of which it is a translation.

(2) A party to the proceedings who objects to the translation of a word or words in a document shall by motion, orally or in writing, at the first available opportunity, request that the judge who presides over the preliminary inquiry or trial rule on the objection.