83.1 (1) In this section, “electronic method” means video conference, audio conference, telephone conference or other method determined by the regulations. 2020, c. 18, Schedule 18, s. 11. Same (2) Subject to this section, in any proceeding under this Act or any step in a proceeding under this Act, any person, including a defendant, a prosecutor, a witness, an interpreter, a justice or the clerk of the court, may participate by an electronic method made available by the court office. 2020, c. 18, Schedule 18, s. 11. Excepted proceedings, circumstances (3) Subsection (2) does not apply with respect to proceedings or steps in a proceeding, or in circumstances, that are specified by the regulations. 2020, c. 18, Schedule 18, s. 11. Requirement to appear in person (4) A justice may order a person to appear in person if the justice is satisfied that the interests of justice require it or it is necessary for a fair trial. 2020, c. 18, Schedule 18, s. 11. Same (5) In making a determination under subsection (4), the justice shall consider any factors set out in the regulations. 2020, c. 18, Schedule 18, s. 11. Direction re method (6) A justice may, subject to subsection (7), by order specify which of available electronic methods must or may be used. 2020, c. 18, Schedule 18, s. 11. Limitation re methods (7) The electronic method that may be used in a proceeding or step in a proceeding is subject to any limitations specified by the regulations as to which electronic methods may be used in the proceeding or step. 2020, c. 18, Schedule 18, s. 11. Duties of the clerk (8) If an offence notice indicates that the option of a meeting under section 5.1 is available, the clerk of the court at the court office indicated in the offence notice shall ensure that the court office has the means available to allow a defendant or prosecutor to attend by electronic method. 2020, c. 18, Schedule 18, s. 11. Oaths (9) If evidence is given under oath by electronic method, the oath may be administered by the same electronic method. 2020, c. 18, Schedule 18, s. 11. Interpretation (10) A provision of this Act, the regulations or the rules of court that presumes that participation would be in person shall not be read as limiting the application of this section, and shall be read in a manner consistent with this section. 2020, c. 18, Schedule 18, s. 11. Territorial jurisdiction (11) A hearing in a proceeding by electronic method under this section is deemed to meet the requirements of subsections 29 (1) and (2) regardless of where a justice is physically located during the hearing. 2020, c. 18, Schedule 18, s. 11. Application in appeals (12) This section applies, with necessary modifications, with respect to appeals under Part VII, and, for the purpose, references in this section to a court and to a justice shall be read as including reference to a court and to a judge respectively, as those terms are defined for the purposes of that Part. 2020, c. 18, Schedule 18, s. 11. Transition (13) This section applies with respect to a proceeding whether it was commenced before, on or after the day section 11 of Schedule 18 to the COVID-19 Economic Recovery Act, 2020 came into force. 2020, c. 18, Schedule 18, s. 11. Regulations (14) The Lieutenant Governor in Council may make regulations, (a)  respecting anything that, in this section, may or must be done by regulation; (b)  requiring the payment of fees for using electronic methods, fixing the amounts of the fees, and specifying circumstances in which and conditions under which a justice or another person designated in the regulations may waive the payment of a fee. 2020, c. 18, Schedule 18, s. 11. Section Amendments with date in force (d/m/y) 2006, c. 21, Sch. E, s. 1 - no effect - see 2009, c. 33, Sch. 4, s. 1 (48) - 15/06/2010 2009, c. 33, Sched. 4, s. 1 (48) - 15/06/2010; 2009, c. 33, Sched. 4, s. 1 (49) - 31/03/2012 2017, c. 34, Sched. 35, s. 16 (1-3) - no effect - 2020, c. 18, Sched. 18, s. 17 - 21/07/2020 2020, c. 7, Sched. 4, s. 18 - 12/05/2020; 2020, c.18, Sched. 18, s. 11 - 21/07/2020