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2009-143
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NEW BRUNSWICK
REGULATION 2009-143
under the
Recording of Evidence Act
(O.C. 2009-492)
Filed November 20, 2009
Under section 19 of the
Recording of Evidence Act
, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1
This Regulation may be cited as the
General Regulation - Recording of Evidence Act
.
Definition of “Act”
2
In this Regulation, “Act” means the
Recording of Evidence Act
.
Audio and video recording apparatuses
3
(1)
The following types of devices, machines or systems are prescribed for the purposes of the definition “audio recording apparatus” in section 1 of the Act:
(
a
)
JAVS CT-Vi Audio Video Processor (NTSC);
(
b
)
P4/1.4GHz, JAVS Precision 8 Channel CORE System;
(
c
)
AVP-8420N, JAVS Precision Plus E4 AV Processor;
(
d
)
PDR-100MT, JAVS Primary Digital Recorder;
(
e
)
IBM/Lenova Desktop Computer;
(
f
)
JAVS Autolog 6 Software;
(
g
)
JAVS-PSM2 JAVS - P style miniature cardioid mic;
(
h
)
JAVS-PCSI Sony PCS-1 Video Codec conferencing system; and
(
i
)
any other device, machine or system that is capable of producing audio recordings and that stores the recordings on a magnetic, optical or other medium that is suitable for permanent retention.
3
(2)
The following types of devices, machines or systems are prescribed for the purposes of the definition “video recording apparatus” in section 1 of the Act:
(
a
)
a device, machine or system referred to in paragraph (1)(
b
), (
c
), (
d
), (
e
), (
f
) or (
h
);
(
b
)
JAVS-7017 low profile color video camera; and
(
c
)
any other device, machine or system that is capable of producing audio video recordings and that stores the recordings on a magnetic, optical or other medium that is suitable for permanent retention.
3
(3)
The following types of devices, machines or systems are prescribed for the purposes of subsection 4(1) of the Act:
(
a
)
any device, machine or system referred to in paragraph (1)(
b
), (
e
) or (
f
); and
(
b
)
any other device, machine or system that is capable of reproducing audio recordings or audio video recordings, as the case may be, and that stores the recordings on a magnetic, optical or other medium that is suitable for permanent retention.
Transcript and recording fees
4
(1)
For the purposes of subsection 5(4) of the Act, the following fees are payable:
(
a
)
for a transcript prepared by a stenographer employed within the Civil Service or for a paper copy of it, $3 per page; and
(
b
)
for an electronic copy of such a transcript, $10.
4
(2)
For the purposes of subsection 14(4) of the Act, a fee of $20 is payable for a copy of a recording of the evidence or part of the evidence given in a proceeding before a court as defined in section 7 of the Act.
4
(3)
The following persons are exempt from paying the fees prescribed in this section:
(
a
)
an agent of the Attorney General of New Brunswick;
(
b
)
a party to a legal proceeding to whom legal aid is being provided under the
Legal Aid Act
;
(
c
)
a party whose legal services in a proceeding are paid for by the Minister or the Attorney General of New Brunswick; or
(
d
)
the Director of Support Enforcement designated under subsection 4(1) of the
Support Enforcement Act
.
Examination fees
5
(1)
For the purposes of subsection 15(2) of the Act, the examination fee payable is $35.
5
(2)
A person applying to take the examination as part of the application process for employment in a position under the Minister is exempt from paying the fee.
Commencement
6
This Regulation comes into force on December 1, 2009.
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