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

Regulations are current to 2024-02-20

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

SOR/2023-5

CRIMINAL CODE

Registration 2023-01-09

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.

Marginal note:Citation

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

Marginal note:Interpretation

 The following definitions apply in this Regulation.

document

document includes a transcript of any proceedings. (document)

judge

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

Official Translator means a person appointed by the Lieutenant-Governor in Council under section 44 of the Official Languages Act. (traducteur officiel)

proceedings

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

translation means a translation from one of the official languages of Canada into the other official language of Canada by an Official Translator. (traduction)

Marginal note:Certificate

  •  (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.

Marginal note:Evidence

  •  (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.

 

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