New Brunswick Translated Documents Regulation

Summary#

The Lieutenant-Governor in Council of New Brunswick revoked the old New Brunswick Translated Documents Regulations, SOR/93-9 and replaced them with a new New Brunswick Translated Documents Regulation. The change, made under the Criminal Code, clarifies when and how documents translated by Official Translators can be used as evidence in criminal trials in New Brunswick. It was registered January 9, 2023 and published in the Canada Gazette on January 18, 2023.

What it does#

• Repeals the previous New Brunswick Translated Documents Regulations, SOR/93-9 and substitutes a new regulation with updated wording.
• Defines key terms, including:
  • “document” (explicitly includes transcripts),
  • who counts as a “judge” (various chief justices and judges of New Brunswick courts such as the Court of Appeal of New Brunswick, the Court of King’s Bench of New Brunswick and the Provincial Court of New Brunswick),
  • “Official Translator” (people appointed under the Official Languages Act),
  • and “proceedings” (preliminary inquiries and trials in criminal matters under federal law in those New Brunswick courts).
• Says that a certificate signed by an Official Translator saying a translation is correct is itself evidence of that fact without extra proof of the translator’s appointment or signature.
• Makes a certified translation admissible and gives it the same weight in court as the original document.
• Requires anyone who objects to a translation to raise that objection quickly and ask the presiding judge to decide.

Who's affected#

• People involved in criminal trials in New Brunswick courts — accused persons, witnesses, lawyers, prosecutors, and judges.
• Official Translators appointed in New Brunswick, whose certified translations are now expressly treated as evidence.
• Police, courts staff, and anyone who files translated documents in criminal proceedings in New Brunswick.
• It is not clear from the text whether this affects civil cases or uses of translations outside the specified criminal proceedings; the regulation is focused on federal criminal matters in New Brunswick courts.

Why it matters#

• It makes it simpler to use translated documents in criminal court by saying a certified translator’s certificate is enough proof that a translation is correct. That can reduce paperwork and hearings about a translator’s credentials.
• Certified translations will generally be treated the same as the original documents, which can speed evidence handling and courtroom procedures.
• Parties can still challenge translations, but they must do so early so the judge can rule.
• The change also updates language to reflect the change in monarch (references to “Queen” were changed to “King”), a technical but necessary update.