Definition

1In this regulation:

"authorized reporter" has the same meaning as in the Official Reporters Regulation, B.C. Reg. 222/84;

"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)Sony BM 246,

(b)Lanier Advocate V, and

(c)digital sound recording computer software produced by FTR Pty Ltd. specifically for recording court proceedings and compatible computer hardware.

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

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

3When 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

4The 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

5A 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)  Sections 3 and 3.01 and Schedule 1 of the Official Reporters Regulation, B.C. Reg. 222/84, apply to a transcript made in whole or in part from a sound recording, when prepared by an official reporter.

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