Order Revoking the New Brunswick Translated Documents Regulations, SOR/93-9: SOR/2023-5

Canada Gazette, Part II, Volume 157, Number 2

Registration
SOR/2023-5 January 9, 2023

CRIMINAL CODE

Order Revoking the New Brunswick Translated Documents Regulations, SOR/93-9

The Lieutenant-Governor in Council of New Brunswick, pursuant to section 533 of the Criminal Code, hereby revokes the New Brunswick Translated Documents Regulations, SOR/93-9, and makes the annexed Regulation respecting the status and admissibility into evidence of documents translated by Official Translators in New Brunswick, in substitution therefor.

Citation

1 This Regulation may be cited as the New Brunswick Translated Documents Regulation.

Interpretation

2 The following definitions apply in this Regulation.

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 King’s Bench of New Brunswick,
  • (c) a judge of The Court of Appeal of New Brunswick,
  • (d) a judge of The Court of King’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 section 44 of the Official Languages Act. (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 King’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) If 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.

3 (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.

4 (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.

EXPLANATORY NOTE

(This note is not part of the Order.)

Explanation

Pursuant to section 533 of the Criminal Code, the Lieutenant-Governor in Council of New Brunswick revoked the New Brunswick Translated Documents Regulations, SOR/93-9 and replaced it with Order in Council 2022-320. The Regulation outlines the status and admissibility into evidence of documents translated by Official Translators in New Brunswick.

As a result of the demise of the Crown, references to “Queen” have to be replaced by “King” in the Regulation.

Description

Purpose

It was simpler to repeal and replace the Regulation since there were a number of changes to make and the Regulation is quite short.

Amendments

The term “Queen” was changed to “King” in the following definitions in section 2 of the Regulation: