The following definitions apply in this Act. 2012, c.39, s.132; 2016, c.37, s.167; 2019, c.2, s.128; 2020, c.25, s.98; 2022, c.28, s.47; 2023, c.17, s.235
“audio recording apparatus” means any device, machine or system, of a type prescribed by regulation, used for the making of a recording of speech or other sounds.(appareil d’enregistrement sonore)
“court” , except in Part 3, means the Court of Appeal, The Court of King’s Bench of New Brunswick, The Probate Court of New Brunswick, the Provincial Court, a coroner or any other person or tribunal authorized under any Act or otherwise to hear witnesses, to take evidence, to make any order, decree, finding, decision or report or to exercise any judicial or quasi-judicial function.(tribunal)
“evidence” includes the opinion, decision and judgment of a judge, the opening and closing address of counsel in the trial of criminal offences, the oral instructions given to the jury by the presiding judge and all other matters done or said by or before any court.(preuve)
“judge” includes the person lawfully presiding in a court.(juge)
“Minister” means the Minister of Justice and includes any person designated by the Minister to act on the Minister’s behalf.(ministre)
“recording” means a recording made in accordance with section 2.(enregistrement)
“stenographer” means a person appointed as a stenographer under section 15.(sténographe)
“video recording apparatus” means any device, machine or system, of a type prescribed by regulation, used for the making of a recording of speech or other sounds and of images.(appareil d’enregistrement vidéo)
Despite any other Act, the evidence given in any proceeding before a court or any part of that evidence may be recorded by audio recording apparatus or, on order of the judge, by video recording apparatus.
A stenographer or person authorized by the Minister shall be in charge of the audio recording apparatus or video recording apparatus during the proceeding.
A recording shall be certified, by the person in charge of the audio recording apparatus or video recording apparatus during the proceeding, as being the recording made of the evidence or part of the evidence, as the case may be, in the proceeding.
A certificate made under this section is, without proof of the appointment, authority or signature of the person in charge of the audio recording apparatus or video recording apparatus, proof, in the absence of evidence to the contrary, that the recording is the recording of the evidence or part of the evidence, as the case may be, in the proceeding.
The contents of a recording certified in accordance with section 3 may be reproduced by a device, machine or system of a type prescribed by regulation.
A stenographer shall be in charge of the device, machine or system by which the reproduction is made.
The contents of a reproduction that is certified by the stenographer in charge of the device, machine or system as a true and accurate reproduction of the recording have, without proof of the appointment, authority or signature of the stenographer, the same effect as the original evidence.
A stenographer may prepare a transcript of the whole or part of
(a) a recording certified in accordance with section 3, or
(b) a reproduction of a recording certified in accordance with section 4.
A stenographer who prepares a transcript under subsection (1) shall attach to the transcript his or her affidavit stating that it is a true and accurate transcription of the recording or part of it or of the reproduction of the recording or part of it, as the case may be, and the transcript shall then have the same effect as the original evidence.
If a transcript is prepared by a stenographer employed within the Civil Service, an electronic copy of the transcript may be ordered only by a person who has ordered a paper copy of it.
The fee prescribed by regulation is payable for a transcript prepared by a stenographer employed within the Civil Service or for a paper or electronic copy of it.
In this section, “Official Translator” means a person appointed as an Official Translator under section 44 of the Official Languages Act.
Subject to subsection (4), if a transcript is prepared in accordance with section 5 in one official language and the affidavit required under subsection 5(2) is attached to the transcript, a translation of the transcript or portion of the transcript into the other official language by an Official Translator that is certified as a true and accurate translation by the Official Translator 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 transcript or portion of the transcript of which it is a translation.
A certificate signed by an Official Translator, or purporting to be so signed, stating that the translation of the transcript or portion of the transcript is true and accurate is proof of the statements contained in the certificate without proof of the appointment, authority or signature of the Official Translator.
A party to a proceeding who objects to the translation of a word or words in a transcript shall notify the judge of his or her objection at the first available opportunity and the judge shall make a ruling on the objection.
In this Part, “court” means the Court of Appeal, The Court of King’s Bench of New Brunswick, The Probate Court of New Brunswick and the Provincial Court. 2023, c.17, s.235
This Part applies to any recording of the evidence or part of the evidence in a proceeding before a court.
All recordings are the property of the Crown in right of the Province.
A recording shall be filed with any officer designated for the purpose by the Minister, or in the absence of any designation, with any officer having custody of recordings made in the court.
Subject to section 11, no recording shall be removed from the custody of the officer having custody of it except as directed by the Minister under subsection (3), as required by an Act or the Rules of Court, or in accordance with an order made by a judge of the court in which the recording was made.
The Minister shall prepare and publish a retention schedule for recordings.
Subject to an order under subsection 12(2) and despite the Archives Act, the officer having custody of a recording or any person under his or her direction may erase the recording or otherwise destroy it on the expiry of the retention period for that recording as set out in the retention schedule.
If an officer referred to in section 10 continues to have custody of a recording, any interested person may without notice to any other person apply for an order providing for the preservation of the recording for a specified period
(a) in the case of a recording made before the Court of Appeal, to the Registrar of the Court of Appeal, or
(b) in the case of any other recording, to a judge of the court in which the recording was made.
The Registrar of the Court of Appeal or a judge hearing an application under this section may make any order he or she considers appropriate in the circumstances.
2023, c.17, s.235
Any person may apply to a judge of the court in which a recording was made for an order permitting the provision of a copy of the recording to the person if an officer referred to in section 10 continues to have custody of the recording.
The judge hearing the application may make the order if the judge is satisfied that
(a) provision of the copy of the recording to the applicant is not prohibited under any Act of the Legislature or of the Parliament of Canada or under an order made under any such Act, and
(b) provision of the copy of the recording to the applicant would not be prejudicial to the interests of justice.
An order shall be in writing and may include any terms or conditions that the judge considers appropriate, including, without limitation, a term or condition prohibiting the broadcasting of the copy of the recording.
If an order is made under subsection (2), the officer having custody of the recording to which the order relates shall, as soon as practicable after the applicant pays the fee prescribed by regulation, provide the applicant with a copy of the recording.
For the purposes of enforcing an order made by a judge of the Provincial Court under this section,
(a) a judge of the Provincial Court has the same powers for the punishment of contempt of court as are possessed by The Court of King’s Bench of New Brunswick, and
(b) any order or other process issued by a judge of the Provincial Court in the exercise of the powers conferred under paragraph (a) has the same force and effect as though issued out of The Court of King’s Bench of New Brunswick.
The Rules of Court relating to contempt of court apply with the necessary modifications for the purposes of subsection (5).
The Minister may appoint as a stenographer any person who successfully completes the written and practical examination administered by the Minister.
A person applying to take an examination shall pay the fee prescribed by regulation.
The Minister is responsible for the administration of this Act and may designate persons to act on behalf of the Minister.
The Lieutenant-Governor in Council may make regulations
(b) prescribing, for the purposes of subsection 5(4), fees for transcripts and paper or electronic copies of transcripts;
(c) prescribing, for the purposes of subsection 14(4), the fees to be charged for copies of recordings;
(d) prescribing examination fees for the purposes of subsection 15(2);
(f) respecting any matter that the Lieutenant-Governor in Council considers necessary or advisable to carry out the purposes of this Act.