O. Reg. 158/03: CERTIFICATION OF RECORDINGS AND TRANSCRIPTS

Evidence Act

ONTARIO REGULATION 158/03

No Amendments

CERTIFICATION OF RECORDINGS AND TRANSCRIPTS

Historical version for the period April 28, 2003 to April 1, 2004.

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).

(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).

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).

(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).

(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 a recording of evidence and proceedings in the proceeding. O. Reg. 158/03, s. 4 (3).

FORM 1
CERTIFICATE OF RECORDING

Evidence Act
subsection 5 (1)

O. Reg. 158/03, Form 1.

FORM 2
CERTIFICATE OF TRANSCRIPT

Evidence Act
subsection 5 (2)

O. Reg. 158/03, Form 2.