Certification of Recordings and Transcripts

Evidence Act

ONTARIO REGULATION 158/03

certification of recordings and transcripts

Consolidation Period:  From March 31, 2026 to the e-Laws currency date.

Last amendment: 53/26.

Legislative History: 92/04, 109/11, 124/17, 531/22, 53/26.

This is the English version of a bilingual regulation.

Application

1. This Regulation applies to proceedings in the Court of Appeal, the Superior Court of Justice and the Ontario Court of Justice.  O. Reg. 158/03, s. 1.

Definition

2. In this Regulation,

“approved device” means a device for recording sound of a type approved by the Attorney General, as mentioned in subsection 5 (1) of the Act.  O. Reg. 158/03, s. 2.

Certification of recordings

3. (1) A recording made under subsection 5 (1) of the Act by means of an approved device shall be certified in Form 1 by a person who,

(a) is authorized to record evidence and proceedings under subsection 5 (1) of the Act; and

(b) is in charge of the approved device while the recording is being made.  O. Reg. 158/03, s. 3 (1); O. Reg. 109/11, s. 1.

(2) The certificate in Form 1 is admissible in evidence and is proof, in the absence of evidence to the contrary, that the recording is a recording of evidence and proceedings in the proceeding.  O. Reg. 158/03, s. 3 (2); O. Reg. 109/11, s. 1.

(3) Subsection (2) applies with respect to,

(a) a certificate in Form 1 regardless of the format in which it is rendered, for greater certainty; and

(b) any electronically distributed or duplicated copy of an electronic version of a certificate in Form 1. O. Reg. 53/26, s. 1.

Certification of transcripts

4. (1) A transcript made under subsection 5 (2) of the Act from a recording made under subsection 5 (1) of the Act by means of an approved device shall be certified by a person described in subsection (1.1),

(a) in paper format in Form 2, if the transcript is in paper format; or

(b) in electronic format in Form 3, if the transcript is in electronic format. O. Reg. 531/22, s. 1 (1).

(1.1) The transcript shall be certified by a person who has proofread the transcript in its entirety against the recording to confirm that the transcript is accurate, but need not be the same person who transcribed the recording. O. Reg. 531/22, s. 1 (1).

(2) The recording shall be transcribed, and the transcript proofread and certified, by a person who is trained and qualified to transcribe recordings and is a member of a class of persons who are authorized to do so by the Attorney General, but need not be the same person who is in charge of the approved device while the recording is being made.  O. Reg. 158/03, s. 4 (2); O. Reg. 531/22, s. 1 (2).

(3) The certificate in Form 2 or 3 is admissible in evidence and is proof, in the absence of evidence to the contrary, that the transcript is a transcript of the certified recording of evidence and proceedings in the proceeding that is identified in the certificate in Form 2 or 3.  O. Reg. 92/04, s. 1; O. Reg. 109/11, s. 1; O. Reg. 531/22, s. 1 (3).

(4) The certificate in Form 2 or 3 has the status referred to in subsection (3), with respect to admissibility and proof, without being accompanied by a certificate in Form 1 relating to the certified recording that is identified in the certificate in Form 2 or 3.  O. Reg. 92/04, s. 1; O. Reg. 109/11, s. 1; O. Reg. 531/22, s. 1 (3).

(5) When a certificate in Form 2 or 3 is completed, nothing further is required to certify the transcript.  O. Reg. 92/04, s. 1; O. Reg. 109/11, s. 1; O. Reg. 531/22, s. 1 (3).

(6) Subsections (3) to (5) apply with respect to any electronically distributed or duplicated copy of an electronic transcript certified in Form 3. O. Reg. 531/22, s. 1 (4).

Forms

5. In this Regulation, when a form is referred to by number, the reference is to the form with that number that is described in the Table of Forms at the end of this Regulation and is available on the Internet through www.ontariocourtforms.on.ca.  O. Reg. 109/11, s. 2.

Table of Forms

O. Reg. 124/17, s. 1; O. Reg. 531/22, s. 2; O. Reg. 53/26, s. 2.

FORMs 1, 2 Revoked:  O. Reg. 109/11, s. 4.