R.R.O. 1990, Reg. 185: BILINGUAL PROCEEDINGS

Courts of Justice Act
Loi sur les tribunaux judiciaires

REGULATION 185

Amended to O. Reg. 53/01

BILINGUAL PROCEEDINGS

Note: This Regulation was revoked on June 1, 2001. See: O. Reg. 53/01, ss. 15 (1), 16.

This Regulation is made in English only.

1. In this Regulation,

“consecutive”, when used in reference to interpretation, means given during periodic pauses in the material being interpreted so as to be heard by every person present;

“electronic simultaneous”, when used in reference to interpretation, means given concurrently with the material being interpreted and communicated by an electronic amplification and distribution system so as to be heard by every person present who uses an individual electronic apparatus for the purpose;

“whispered”, when used in reference to interpretation, means given concurrently with the material being interpreted so as to be heard only by the persons in the interpreter’s immediate vicinity. R.R.O. 1990, Reg. 185, s. 1.

2. (1) A party may exercise a right under subsection 126 (1) of the Act (bilingual proceedings),

(a) in a proceeding in any court, by filing a requisition in Form 1 with the clerk or local registrar where the proceeding was commenced, within the time limits prescribed by subsection (2);

(b) in a proceeding in the Unified Family Court, the Ontario Court (Provincial Division) or the Small Claims Court by,

(i) making an oral statement to the court during an appearance in the proceeding, or

(ii) filing a written statement with the clerk where the proceeding was commenced,

within the time limits prescribed by subsection (2);

(c) in a proceeding in the Ontario Court (Provincial Division), by filing the party’s application or answer in the French language; and

(d) in a proceeding in the Small Claims Court, by filing the party’s claim or defence in the French language. R.R.O. 1990, Reg. 185, s. 2 (1); O. Reg. 681/92, s. 1.

(2) The requisition or statement referred to in clause (1) (a) or (b) shall be filed or made, as the case may be,

(a) in the case of an action in the Ontario Court (General Division), before the action is set down for trial;

(b) in the case of an action in the Small Claims Court, before the notice of trial is sent;

(c) in the case of an application made by the party, at the time the application is commenced;

(d) in the case of a proceeding in the Ontario Court (Provincial Division),

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

(ii) if an offence notice is served on the defendant under Part I of that Act, at the time the offence notice is delivered to the court, and

(iii) if a parking infraction notice is served on the defendant under Part II of that Act, at the time the parking infraction notice is delivered to the place specified in the notice; and

(e) in all other cases, at least seven days before the hearing,

or subsequently with leave of the court.

(3) A party who files a requisition under clause (1) (a) in a proceeding in the Ontario Court (General Division) shall forthwith serve a copy of the requisition on every other party to the proceeding.

(4) In a proceeding in the Unified Family Court, the Ontario Court (Provincial Division) or the Small Claims Court, where a party files a requisition under clause (1) (a) or makes or files a statement under clause (1) (b), the clerk shall forthwith notify every other party to the proceeding of the requisition or statement, by ordinary mail.

(5) In the Ontario Court (Provincial Division), a statement to be filed under subclause (1) (b) (ii) may be written directly on the party’s offence notice or parking infraction notice. R.R.O. 1990, Reg. 185, s. 2 (2-5).

3. (1) A party may exercise a right under subsection 126 (3) of the Act (hearing of appeal before bilingual judge or judges) by filing a requisition (Form 1) 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 ten days after the notice of appeal is served,

or subsequently with leave of the court. R.R.O. 1990, Reg. 185, s. 3 (1); O. Reg. 681/92, s. 2.

(2) A party who files a requisition under subsection (1) shall forthwith serve a copy of it on every other party to the appeal. R.R.O. 1990, Reg. 185, s. 3 (2).

4. In a proceeding in which a party has exercised a right under subsection 126 (1) of the Act, every party who seeks an appointment for an examination to be conducted before or after the hearing shall advise the examiner in writing at the time of making the appointment that the examination is governed by paragraph 5 of subsection 126 (2) of the Act, and in that case the examiner shall ensure that a court reporter and an interpreter who speak both the English and French languages are available for the examination. R.R.O. 1990, Reg. 185, s. 4; O. Reg. 681/92, s. 3.

5. In a proceeding in which a party has exercised a right under subsection 126 (1) of the Act, a transcript of oral evidence shall include any consecutive or electronic simultaneous interpretation into the English or French language that is provided but need not include whispered interpretation. R.R.O. 1990, Reg. 185, s. 5; O. Reg. 681/92, s. 4.

6. A party who,

(a) acts in person and intends to make submissions to the court in the French language; or

(b) intends to call a witness who will give oral evidence in the French language,

at a hearing to which subsection 126 (7) of the Act applies (interpretation at English trial) shall advise the court of the fact in writing at least ten days before the hearing, or subsequently with leave of the court. R.R.O. 1990, Reg. 185, s. 6; O. Reg. 681/92, s. 5.

7. (1) Oral interpretation provided by the court under paragraph 9 of subsection 126 (2) of the Act shall be consecutive unless the provision of electronic simultaneous interpretation is authorized under subsection (2) or (3). R.R.O. 1990, Reg. 185, s. 7 (1); O. Reg. 681/92, s. 6 (1).

(2) The Deputy Attorney General may, at a party’s request made at least thirty days before the hearing, authorize the provision of electronic simultaneous interpretation if satisfied that the special circumstances of the case justify the expense.

(3) Where a party’s request under subsection (2) is refused and the court is satisfied that the provision of electronic simultaneous interpretation is essential to the proper administration of justice, the court may authorize the provision of electronic simultaneous interpretation.

(4) Subsections (1), (2) and (3) do not apply to a prosecution in the Ontario Court (Provincial Division). R.R.O. 1990, Reg. 185, s. 7 (2-4).

(5) In a prosecution in the Ontario Court (Provincial Division),

(a) where the prosecution is conducted by an agent of the Attorney General, oral interpretation provided by the court under paragraph 9 of subsection 126 (2) of the Act shall be whispered interpretation provided for the defendant only, unless the defendant expressly requests that the whole proceeding be interpreted, and in that case consecutive interpretation shall be provided; and

(b) where the prosecution is not conducted by an agent of the Attorney General, consecutive interpretation shall be provided. R.R.O. 1990, Reg. 185, s. 7 (5); O. Reg. 681/92, s. 6 (2).

8. (1) In a proceeding in which a party has exercised a right under subsection 126 (1) of the Act, a witness who speaks neither the English nor the French language 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. R.R.O. 1990, Reg. 185, s. 8 (1); O. Reg. 681/92, s. 7.

(2) Where a party does not understand the language in which a witness is being questioned under subsection (1), the court shall provide whispered interpretation of the witness’ questions and answers for that party only. R.R.O. 1990, Reg. 185, s. 8 (2).

9. In a prosecution in the Ontario Court (Provincial Division) in which a party has exercised a right under subsection 126 (1) of the Act, if an agent of the Attorney General conducts the prosecution each witness may choose whether he or she wishes to be questioned in the English or French language. R.R.O. 1990, Reg. 185, s. 9; O. Reg. 681/92, s. 8.

FORM 1

Courts of Justice Act

REQUISITION — BILINGUAL PROCEEDING

R.R.O. 1990, Reg. 185, Form 1.