Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 40.08
40.08 (1) Except in the case of appeals to which subrules (3) and (4) apply, appeals in which counsel will be filing an agreed statement of fact in relation to the evidence pursuant to subrule 40.08(6) or (7) as the case may be, or where otherwise directed by the clerk of the appeal court, the appellant shall, at the time the notice of appeal is filed, furnish a certificate in Form 2C from each court reporter who took the evidence stating that copies of the transcript as required by these rules have been ordered. (2) Where the appellant is unable to obtain a certificate in Form 2C from each court reporter by the time of filing the notice of appeal, the appellant may file the notice of appeal, the certificates in Form 2C that have been obtained and written confirmation that all other transcripts have been ordered. Where all certificates in Form 2C are not filed at the time the notice of appeal is filed, the appellant shall file the outstanding certificates in Form 2C within 30 days of filing the notice of appeal. Where Provisional Certificate Granted (3) Where an appellant has been granted a provisional certificate under the Legal Aid Services Act, 1998 which is limited to the filing of a notice of appeal or to the filing of a notice of appeal and the making of an application for release from custody pending appeal, the counsel of record acting under such certificate may file the notice of appeal without ordering the transcript, but when a legal aid certificate authorizing the carrying on of the appeal is granted, the counsel shall furnish the certificates required under subrule (1) within 15 days from the granting of such legal aid certificate, subject to subrule 40.08(2). Where No Provisional Certificate Granted (4) Where an appellant has applied for a certificate under the Legal Aid Services Act, 1998 , but no provisional certificate has been granted, he or she shall file, at the time of filing the notice of appeal, proof of such application, and may lodge the notice of appeal without ordering the transcript or filing certificates of the court reporter, but when a legal aid certificate authorizing the carrying on of the appeal is granted, the counsel shall furnish the certificates required under subrule (1) within 15 days from the granting of such legal aid certificate subject to subrule 40.08(2). (5) Within 15 days of receipt of the final decision of the area committee refusing the issuance of a legal aid certificate, the appellant shall furnish the certificates required under subrule (1). Agreed Statements of Fact (6) In appeals under s. 813 of the Code, where the facts are not in dispute, an agreed statement of facts served and filed within 30 days of the filing of the notice of appeal may take the place of the transcript of trial evidence. (7) In appeals under s. 830 of the Code, where the facts are not in dispute, an agreed statement of facts served and filed within 15 days of the filing of the notice of appeal pursuant to subsection 830(2) of the Code may take the place of the transcript of trial evidence. (8) Despite subrules (6) and (7), where an agreed statement of facts has been served and filed, the appellant must serve and file a transcript of the reasons for judgment, reasons for sentence, and full submissions and any ruling pertaining to the issues under appeal, and if there is an appeal of the sentence, all submissions and evidence called at the sentencing hearing. (9) Where the appellant intends to file an agreed statement of fact, counsel may serve and file a written notification that they intend to do so at the time of filing the notice of appeal, without filing a Certificate in Form 2C. (10) Where the parties have not filed an agreed statement of fact within 45 days of filing the notice of appeal pursuant to s. 813 of the Code , the appellant must serve and file a Certificate in Form 2C within 60 days of filing the notice of appeal unless otherwise ordered by a judge. (11) Where the parties have not filed