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B.C. Reg. 249/78
O.C. 1602/78
Filed June 16, 1978
This consolidation is current to June 21, 2022.
See the Cumulative B.C. Regulations Bulletin 2005 and
Cumulative B.C. Regulations Bulletin 2022
for amendments effective after June 21, 2022.
Link to consolidated regulation (PDF)
Link to Point in Time

Evidence Act

Sound Recording Regulations

[Last amended September 13, 2021 by B.C. Reg. 234/2021]

Contents
1Definitions
2All proceedings to be recorded
3Reproduction of evidence
4Transcription of evidence
5What transcript must contain
6Official record
7Transcription difficulties

Definitions

1   In this regulation:

"authorized reporter" means an authorized reporter within the meaning of the Official Reporters (Supreme Court) Regulation;

"recording" means, in respect of a proceeding, any recording made of the proceeding or part of a proceeding, whether the recording is a sound recording or a recording incorporating both sound and video;

"sound recording apparatus" means a device or technological system that is capable of accurately recording speech and other sounds and of storing the recordings in a medium that is suitable for permanent retention.

[en. B.C. Reg. 255/96; am. B.C. Regs. 229/97, s. 1; 255/2001, s. 1; 288/2005; 234/2021, s. 1.]

All proceedings to be recorded

2   (1) Each proceeding in the Supreme Court is to be recorded by sound recording apparatus wherever practicable and whether or not there is an official reporter in attendance.

(2) A proceeding is not invalid merely because some or all of the proceeding is not recorded by sound recording apparatus.

(3) Sound recording apparatus may be used in any other proceeding in any court or before any judicial officer in British Columbia.

[en. B.C. Reg. 229/97, s. 2.]

Reproduction of evidence

3   When evidence is taken down by a sound recording apparatus, the evidence need not be reproduced in audible or written form for the witness, or, if reproduced, need not be signed by the witness.

Transcription of evidence

4   The evidence taken down by a sound recording apparatus shall be transcribed in writing when required, and shall be accompanied by a certificate of the person who transcribed it attesting that it is a true transcript of the evidence recorded on the sound recording apparatus.

[am. B.C. Reg. 26/79.]

What transcript must contain

5   A transcript of the evidence taken down by a sound recording apparatus shall, for each case, also include

(a) the name and location of the court or hearing,

(b) the date of the trial or hearing,

(c) the name of the presiding officer,

(d) the registry case number,

(e) the names of the parties to the case,

(f) the names of counsel appearing, and

(g) any evidence, argument or other statements that the judge, master or registrar orders, under section 7, are to be included in the official record.

[am. B.C. Reg. 421/97, s. 1.]

Official record

6   (1) The official record of a proceeding consists of

(a) the original recording of the proceeding, and

(b) any amendments of or supplements to that recording ordered by the judge, master or registrar under section 7.

(2) The registrar must retain the original recording of a proceeding and any orders referred to in subsection (1) (b).

(3) The registrar may make an audio tape of the original recording and may provide that audio tape along with copies of any orders referred to in subsection (1) (b) to the person retained to make a transcript of the proceeding or to any other person authorized by the minister.

(4) A transcript of a proceeding, or of a portion of a proceeding, that is certified under section 4, or by an authorized reporter in accordance with section 7 of the Official Reporters (Supreme Court) Regulation, is evidence of the official record.

[en. B.C. Reg. 421/97, s. 2; am. B.C. Regs. 255/2001, s. 2; 234/2021, s. 2.]

Transcription difficulties

7   (1) If and to the extent that a judge, master or registrar is satisfied that a recording has not been made of some or all of a proceeding or that the recording made of a proceeding is otherwise incomplete or indecipherable, the judge, master or registrar may, on his or her own motion or on the motion of any party, make an order declaring the evidence, argument or other material that is to be included in the official record in the place of one or more of the gaps in, or indecipherable portions of, the original recording of the proceeding.

(2) The judge, master or registrar may base an order under subsection (1) on one or more of the following:

(a) notes taken by any authorized reporter in attendance at any part of the proceeding;

(b) notes taken during the proceeding by the judge, master or registrar or by counsel;

(c) any other material considered by the judge, master or registrar to be appropriate.

[en. B.C. Reg. 421/97, s. 2.]

[Provisions relevant to the enactment of this regulation: Evidence Act, R.S.B.C. 1996, c. 124, s. 19.]