Acts and Regulations

85-165 - Documents

Table of contents
Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 85-165
under the
Official Languages Act
(O.C. 85-819)
Filed October 11, 1985
  Under section 45 of the Official Languages Act, the Lieutenant-Governor in Council makes the following Regulation:
2009-147
1This Regulation may be cited as the Documents Regulation - Official Languages Act.
2009-147
2In this Regulation
“document” includes the transcript of a preliminary inquiry or of a proceeding;(document)
“judge” means (juge)
(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 or deputy judge of the Provincial Court;
“Official Translator” means a person appointed by the Lieutenant-Governor in Council under section 44 of the Official Languages Act;(traducteur officiel)
“proceeding” means a proceeding respecting an offence under an Act or regulation of the Province or under a municipal by-law;(procédure)
“translation” means a translation from one of the official languages into the other official language by an Official Translator.(traduction)
2009-147; 2022-87
3Before entering upon the duties of his office, an Official Translator shall
(a) take and subscribe the following oath of office, or
(b) make and subscribe the following affirmation:
“I, ______________, do swear (or solemnly affirm) that I will impartially, and to the best of my skill, knowledge and ability, translate any document which I may be called upon to translate from the French language to the English language, or from the English language to the French language. (In the case where an oath is taken add “So help me God”)”
4(1)A translation of a document, in whole or in part, certified as a true and accurate translation by an Official Translator may be adduced in evidence or otherwise used in a proceeding.
4(2)A certificate signed by an Official Translator, or purporting to be so signed, stating that the translation of the document is true and accurate is evidence of the statements contained in the certificate without proof of the appointment, signature or authority of the Official Translator.
91-60
5(1)Subject to subsection (2), a certified translation may be adduced in evidence or otherwise used in a proceeding and when so adduced or used is equally authentic and of equal weight in evidence as the text of the document of which it is a translation.
5(2)A party who objects to the translation of a word or words in a document shall notify the judge of his objection at the first available opportunity and the judge shall make a ruling on such objection.
91-60; 2009-147
6New Brunswick Regulation 76-47 under the Official Languages of New Brunswick Act is repealed.
N.B. This Regulation is consolidated to December 16, 2022.