Admissibility into Evidence of Documents Translated by Official Translators in New Brunswick
New Brunswick (SOR2023-5)
January 19, 2023
The Order Revoking the New Brunswick Translated Documents Regulations, SOR/93-9, was issued by the Lieutenant-Governor in Council of New Brunswick in order to update and replace the previous regulations. The new regulation, the Regulation respecting the status and admissibility into evidence of documents translated by Official Translators in New Brunswick, lays out the requirements and guidelines for the use of translated documents in court proceedings in the province.
It defines the role of Official Translators, who are appointed by the Lieutenant-Governor in Council, and establishes the admissibility of documents that have been certified by an Official Translator. It also provides for a process by which parties to the proceedings can object to certain translations, and for a judge to rule on those objections. This regulation is intended to ensure the accurate translation and use of official documents in the legal system of New Brunswick.
The order provides that the translation of a document, in whole or in part, that is certified by an official translator is admissible as evidence in court. The translation of a document, that has been certified by an official translator, is equally authentic and of equal weight in evidence as the document of which it is a translation. The regulation also provides a process for parties to the proceedings to raise objections to certain translations, which would be ruled on by a judge. It is important to note that this order is particularly relevant to legal proceedings in New Brunswick, Canada and is meant to ensure accurate translation and use of official documents in the legal system of the province.
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