ONTARIO regulation 158/03

made under the

evidence act

Made: December 11, 2002
Filed: April 28, 2003
Printed in The Ontario Gazette: May 17, 2003

certification of recordings and transcripts

Application

1. This Regulation applies to proceedings in the Court of Appeal, the Superior Court of Justice and the Ontario Court of Justice.

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.

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.

(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.

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.

(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.

(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.

Form 1

Evidence Act

subsection 5 (1)

Certificate of recording

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Form 2

Evidence Act

subsection 5 (2)

Certificate of transcript

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