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Evidence Act

ONTARIO REGULATION 158/03

certification of recordings and transcripts

Consolidation Period: From November 25, 2022 to the e-Laws currency date.

Last amendment: 531/22.

Legislative History: 92/04, 109/11, 124/17, 531/22.

This is the English version of a bilingual regulation.

Application

1. This Regulation applies to proceedings in the Court of Appeal, the Superior Court of Justice and the Ontario Court of Justice.  O. Reg. 158/03, s. 1.

Definition

2. In this Regulation,

“approved device” means a device for recording sound of a type approved by the Attorney General, as mentioned in subsection 5 (1) of the Act.  O. Reg. 158/03, s. 2.

Certification of recordings

3. (1) A recording made under subsection 5 (1) of the Act by means of an approved device shall be certified in Form 1 by a person who,

(a) is authorized to record evidence and proceedings under subsection 5 (1) of the Act; and

(b) is in charge of the approved device while the recording is being made.  O. Reg. 158/03, s. 3 (1); O. Reg. 109/11, s. 1.

(2) The certificate in Form 1 is admissible in evidence and is proof, in the absence of evidence to the contrary, that the recording is a recording of evidence and proceedings in the proceeding.  O. Reg. 158/03, s. 3 (2); O. Reg. 109/11, s. 1.

Certification of transcripts

4. (1) A transcript made under subsection 5 (2) of the Act from a recording made under subsection 5 (1) of the Act by means of an approved device shall be certified in Form 2 by the person who transcribes the recording.  O. Reg. 158/03, s. 4 (1); O. Reg. 109/11, s. 1.

Note: On December 5, 2022, subsection 4 (1) of the Regulation is revoked and the following substituted: (See: O. Reg. 531/22, s. 1 (1))

Certification of transcripts

(1) A transcript made under subsection 5 (2) of the Act from a recording made under subsection 5 (1) of the Act by means of an approved device shall be certified by a person described in subsection (1.1),

(a) in paper format in Form 2, if the transcript is in paper format; or

(b) in electronic format in Form 3, if the transcript is in electronic format. O. Reg. 531/22, s. 1 (1).

(1.1) The transcript shall be certified by a person who has proofread the transcript in its entirety against the recording to confirm that the transcript is accurate, but need not be the same person who transcribed the recording. O. Reg. 531/22, s. 1 (1).

(2) The person who transcribes the recording and certifies the transcript shall be a person who is trained and qualified to transcribe recordings and is a member of a class of persons who are authorized to do so by the Attorney General, but need not be the same person who is in charge of the approved device while the recording is being made.  O. Reg. 158/03, s. 4 (2).

Note: On December 5, 2022, subsection 4 (2) of the Regulation is amended by striking out “The person who transcribes the recording and certifies the transcript shall be a person” at the beginning and substituting “The recording shall be transcribed, and the transcript proofread and certified, by a person”. (See: O. Reg. 531/22, s. 1 (2))

(3) The certificate in Form 2 is admissible in evidence and is proof, in the absence of evidence to the contrary, that the transcript is a transcript of the certified recording of evidence and proceedings in the proceeding that is identified in the certificate in Form 2.  O. Reg. 92/04, s. 1; O. Reg. 109/11, s. 1.

Note: On December 5, 2022, subsection 4 (3) of the Regulation is amended by adding “or 3” after “Form 2” wherever it appears. (See: O. Reg. 531/22, s. 1 (3))

(4) The certificate in Form 2 has the status referred to in subsection (3), with respect to admissibility and proof, without being accompanied by a certificate in Form 1 relating to the certified recording that is identified in the certificate in Form 2.  O. Reg. 92/04, s. 1; O. Reg. 109/11, s. 1.

Note: On December 5, 2022, subsection 4 (4) of the Regulation is amended by adding “or 3” after “Form 2” wherever it appears. (See: O. Reg. 531/22, s. 1 (3))

(5) When a certificate in Form 2 is completed, nothing further is required to certify the transcript.  O. Reg. 92/04, s. 1; O. Reg. 109/11, s. 1.

Note: On December 5, 2022, subsection 4 (5) of the Regulation is amended by adding “or 3” after “Form 2”. (See: O. Reg. 531/22, s. 1 (3))

Note: On December 5, 2022, section 4 of the Regulation is amended by adding the following subsection: (See: O. Reg. 531/22, s. 1 (4))

(6) Subsections (3) to (5) apply with respect to any electronically distributed or duplicated copy of an electronic transcript certified in Form 3. O. Reg. 531/22, s. 1 (4).

Forms

5. In this Regulation, when a form is referred to by number, the reference is to the form with that number that is described in the Table of Forms at the end of this Regulation and is available on the Internet through www.ontariocourtforms.on.ca.  O. Reg. 109/11, s. 2.

Table of Forms

Form Number

Form Name

Date of Form

1

Certificate of Recording (Subsection 5 (1))

March 17, 2011

2

Certificate of Transcript (Subsection 5 (2))

March 17, 2011

O. Reg. 124/17, s. 1.

Note: On December 5, 2022, the row for Form 2 in the Table of Forms to the Regulation is amended by striking out “March 17, 2011” in the column titled “Date of Form” and substituting “September 1, 2022”. (See: O. Reg. 531/22, s. 2 (1))

Note: On December 5, 2022, the Table of Forms to the Regulation is amended by adding the following row: (See: O. Reg. 531/22, s. 2 (2))

3

Electronic Certificate of Transcript (Subsection 5 (2))

September 1, 2022

FORMs 1, 2 Revoked:  O. Reg. 109/11, s. 4.

 

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