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Courts of Justice Act

ONTARIO REGULATION 53/01

BILINGUAL PROCEEDINGS

Consolidation Period: From June 1, 2001 to the e-Laws currency date.

No amendments.

This is the English version of a bilingual regulation.

Bilingual Juries

Bilingual juries

1. The following area is added to Schedule 1 to section 126 of the Courts of Justice Act:

1. County of Middlesex. O. Reg. 53/01, s. 1.

Bilingual Documents

Bilingual documents

2. The following area is added to Schedule 2 to section 126 of the Courts of Justice Act:

1. County of Middlesex. O. Reg. 53/01, s. 2.

Exercising the Right to a Bilingual Proceeding

Filing first document in French

3. (1) Subject to subsection (2), if the first document that is filed by or issued at the request of a party to a proceeding is written in French, the party shall be deemed,

(a) to have exercised the right under subsection 126 (1) of the Courts of Justice Act to require that the proceeding be conducted as a bilingual proceeding; and

(b) to have specified that all future hearings in the proceeding shall be presided over by a judge or officer who speaks English and French. O. Reg. 53/01, s. 3 (1).

(2) Clause (1) (b) does not apply to a hearing if the document is filed or issued less than seven days before the hearing. O. Reg. 53/01, s. 3 (2).

(3) On motion, the court may order that clause (1) (b) applies to a hearing despite subsection (2). O. Reg. 53/01, s. 3 (3).

(4) Subsection (1) does not authorize a person to file a document written in French unless the person is authorized to do so under subsection 126 (4) or paragraph 6 or 7 of subsection 126 (2) of the Courts of Justice Act. O. Reg. 53/01, s. 3 (4).

Provincial offences proceedings

4. If a defendant who is served with an offence notice, parking infraction notice or notice of impending conviction in a proceeding under the Provincial Offences Act gives notice under that Act of an intention to appear in court and, together with the notice of intention to appear, makes a written request that the trial be held in French, the defendant shall be deemed,

(a) to have exercised the right under subsection 126 (1) of the Courts of Justice Act to require that the proceeding be conducted as a bilingual proceeding; and

(b) to have specified that all future hearings in the proceeding shall be presided over by a judge or officer who speaks English and French. O. Reg. 53/01, s. 4.

Requisition or statement

5. (1) In addition to the methods described in sections 3 and 4, a party to a proceeding may, subject to subsections (3) to (7), exercise the right under subsection 126 (1) of the Courts of Justice Act to require that the proceeding be conducted as a bilingual proceeding,

(a) by filing with the clerk or registrar of the court where the proceeding was commenced,

(i) a requisition in Form 1, or

(ii) a written statement that is separate from any other document in the proceeding and that expresses a desire that the proceeding be conducted as a bilingual proceeding; or

(b) by making an oral statement to the court during an appearance in the proceeding that expresses a desire that the proceeding be conducted as a bilingual proceeding. O. Reg. 53/01, s. 5 (1).

(2) A requisition or statement under subsection (1),

(a) shall specify one or more future hearings in the proceeding that shall be presided over by a judge or officer who speaks English and French; and

(b) may specify that all future hearings in the proceeding shall be presided over by a judge or officer who speaks English and French. O. Reg. 53/01, s. 5 (2).

(3) A requisition or statement under subsection (1) shall be filed or made at least seven days before the first hearing specified in the requisition or statement. O. Reg. 53/01, s. 5 (3).

(4) Despite subsection (3), a requisition or statement under subsection (1) that specifies that the trial of an action be presided over by a judge who speaks English and French shall be filed or made,

(a) in an action in the Superior Court of Justice, before the action is placed on a trial list; and

(b) in an action in the Small Claims Court, before the notice of trial is sent. O. Reg. 53/01, s. 5 (4).

(5) Despite subsection (3), a requisition or statement under clause (1) (a) that is filed by the applicant in an application and that specifies that the hearing of the application be presided over by a judge who speaks English and French shall be filed at the time the application is commenced. O. Reg. 53/01, s. 5 (5).

(6) Despite subsection (3), a requisition or statement under subsection (1) that specifies that a trial under the Provincial Offences Act be presided over by a judge or officer who speaks English and French shall be filed or made,

(a) at the time a trial date is set, if a summons is served on the defendant under Part I or III of the Provincial Offences Act; or

(b) at the time the defendant gives notice of an intention to appear in court, in any other case. O. Reg. 53/01, s. 5 (6).

(7) On motion, the court may permit a requisition or statement to be filed or made after the time prescribed by subsection (3), (4), (5) or (6). O. Reg. 53/01, s. 5 (7).

(8) A party who files a requisition or statement under clause (1) (a) in a proceeding other than a proceeding under the Provincial Offences Act shall forthwith serve a copy of it on every other party in accordance with the rules of court. O. Reg. 53/01, s. 5 (8).

Withdrawing requirement

6. (1) A party who has specified that a hearing be presided over by a judge or officer who speaks English and French may, with the written consent of all other parties filed with the court or with leave of the court, withdraw the requirement that the hearing be presided over by a judge or officer who speaks English and French. O. Reg. 53/01, s. 6 (1).

(2) A party who, under subsection (1), wishes to withdraw the requirement that a hearing be presided over by a judge or officer who speaks English and French shall file the consents or make the motion for leave at the earliest possible opportunity. O. Reg. 53/01, s. 6 (2).

Appeals

Filing first document in French

7. (1) Subject to subsection (2), when an appeal is taken in a proceeding that is being conducted as a bilingual proceeding, if the first document that is filed by a party to the appeal is written in French, the party shall be deemed to have exercised the right under subsection 126 (3) of the Courts of Justice Act to have the appeal heard by a judge or judges who speak English and French. O. Reg. 53/01, s. 7 (1).

(2) Subsection (1) does not apply to an appeal if the document is filed less than seven days before the hearing of the appeal. O. Reg. 53/01, s. 7 (2).

(3) On motion, the court may order that subsection (1) applies to an appeal despite subsection (2). O. Reg. 53/01, s. 7 (3).

(4) Subsection (1) does not authorize a person to file a document written in French unless the person is authorized to do so under subsection 126 (4) or paragraph 6 or 7 of subsection 126 (2) of the Courts of Justice Act. O. Reg. 53/01, s. 7 (4).

Requisition

8. (1) In addition to the method described in section 7, a party may exercise the right under subsection 126 (3) of the Courts of Justice Act to have an appeal heard by a judge or judges who speak English and French by filing a requisition in Form 2 with the registrar or clerk of the court to which the appeal is taken,

(a) if the party is the appellant, at the time the notice of appeal is filed; and

(b) if the party is the respondent, within 10 days after the notice of appeal is served. O. Reg. 53/01, s. 8 (1).

(2) On motion, the court to which the appeal is taken may permit a requisition under subsection (1) to be filed after the time prescribed by subsection (1). O. Reg. 53/01, s. 8 (2).

(3) A party who files a requisition under subsection (1) shall forthwith serve a copy of it on every other party to the appeal in accordance with the rules of court. O. Reg. 53/01, s. 8 (3).

Withdrawing requirement

9. (1) A party who has exercised the right under subsection 126 (3) of the Courts of Justice Act to have an appeal heard by a judge or judges who speak English and French may, with the written consent of all other parties filed with the court or with leave of the court, withdraw the requirement that the appeal be heard by a judge or judges who speak English and French. O. Reg. 53/01, s. 9 (1).

(2) A party who, under subsection (1), wishes to withdraw the requirement that an appeal be heard by a judge or judges who speak English and French shall file the consents or make the motion for leave at the earliest possible opportunity. O. Reg. 53/01, s. 9 (2).

Examinations out of Court

Examinations out of court

10. In a proceeding in which a party has exercised the right under subsection 126 (1) of the Courts of Justice Act to require that the proceeding be conducted as a bilingual proceeding, a party who seeks an appointment for an oral examination out of court shall, at the time of making the appointment, give the person with whom the appointment is made written notice that the examination is governed by paragraph 5 of subsection 126 (2) of the Courts of Justice Act, and,

(a) the person before whom the examination is held shall be a person who speaks English and French; and

(b) the person before whom the examination is held shall ensure that an interpreter who speaks English and French is available for the examination. O. Reg. 53/01, s. 10.

Interpretation

Transcript of oral evidence

11. Unless the court orders otherwise, interpretation shall not be included in any transcript of oral evidence given at,

(a) a hearing to which paragraph 3 of subsection 126 (2) of the Courts of Justice Act applies; or

(b) an examination out of court to which paragraph 5 of subsection 126 (2) of the Courts of Justice Act applies. O. Reg. 53/01, s. 11.

Provincial offences proceedings

12. If an agent of the Attorney General or a municipality conducts a prosecution under the Provincial Offences Act in which the defendant has exercised the right under subsection 126 (1) of the Courts of Justice Act to require that the prosecution be conducted as a bilingual proceeding,

(a) oral interpretation provided by the court under paragraph 9 of subsection 126 (2) of the Courts of Justice Act shall be interpretation provided for the defendant only, unless the defendant’s counsel does not understand English or French; and

(b) each witness may choose whether he or she wishes to be questioned by the prosecutor in English or French. O. Reg. 53/01, s. 12.

Witness who speaks neither English nor French

13. (1) At a hearing to which paragraph 3 of subsection 126 (2) of the Courts of Justice Act applies, a witness who speaks neither English nor French shall be questioned only in the one of those two languages that the judge determines is understood by all counsel, and the witness’ testimony shall be interpreted only into that language. O. Reg. 53/01, s. 13 (1).

(2) If a party does not understand the language in which a witness is being questioned under subsection (1), the court shall provide interpretation of the witness’ questions and answers into English or French for that party only. O. Reg. 53/01, s. 13 (2).

Submissions or evidence in French where trier of fact is not bilingual

14. At a hearing to which subsection 126 (7) of the Courts of Justice Act applies, a party acting in person who intends to make submissions in French or a party who intends to call a witness who will give oral evidence in French shall advise the court in writing at least 10 days before the hearing, or subsequently with leave of the court. O. Reg. 53/01, s. 14.

15. Omitted (revokes other Regulations). O. Reg. 53/01, s. 15.

16. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 53/01, s. 16.

Form 1
BILINGUAL PROCEEDING REQUISITION

Courts of Justice Act

O. Reg. 53/01, Form 1.

Form 2
BILINGUAL PROCEEDING REQUISITION — APPEALS

Courts of Justice Act

O. Reg. 53/01, Form 2.

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