Acts and Regulations

2012-103 - General

Section 50
Disposition versions

Full text
Service of documents
50(1)Except as otherwise provided in this section, a document that is required to be served on a person shall be served as follows:
(a) on an individual, except an individual under a disability referred to in paragraphs (n) to (r),
(i) by leaving a copy of it with the person,
(ii) by sending a copy of it by prepaid registered mail or prepaid courier to him or her, or
(iii) by leaving a copy of it with a person who appears to be an adult and an occupant of the dwelling in which the individual to be served resides, and by sending another copy by ordinary mail on the same or next day addressed to the individual to be served, at his or her place of residence;
(b) on a corporation,
(i) by leaving a copy of it with a director or officer of the corporation,
(ii) by leaving a copy of it with a person at a place of business of the corporation who appears to manage or control the business at that place,
(iii) by leaving a copy of it at a place of business of the corporation with a receptionist who works at that place,
(iv) by leaving a copy of it at the registered office of the corporation,
(v) by sending a copy of it by prepaid registered mail or prepaid courier to the registered office of the corporation, or
(vi) if the corporation is an extra-provincial corporation, by sending a copy of it by prepaid registered mail or prepaid courier to the address of the attorney for service for the corporation;
(c) on a partnership,
(i) by leaving a copy of it with a partner,
(ii) by leaving a copy of it with a person at a place of business of the partnership who appears to manage or control the business at that place,
(iii) by leaving a copy of it at a place of business of the partnership with a receptionist who works at that place, or
(iv) by sending a copy of it by prepaid registered mail or prepaid courier to a partner;
(d) on a person who resides outside New Brunswick and who carries on business in New Brunswick, by leaving a copy of it with any person in New Brunswick carrying on business for that person in New Brunswick;
(e) on a sole proprietorship,
(i) by leaving a copy of it with the sole proprietor,
(ii) by leaving a copy of it with any person at a place of business of the sole proprietor who appears to be in control or management at that place,
(iii) by leaving a copy of it at a place of business of the sole proprietor with a receptionist who works at that place, or
(iv) by sending a copy of it by prepaid registered mail or prepaid courier to the sole proprietor;
(f) on a local government, by leaving a copy of it with the mayor, deputy mayor, clerk, assistant clerk or with any solicitor for the local government;
(g) Repealed: 2017, c.20, s.169
(h) on an unincorporated association, by leaving a copy of it with an officer of the association, with a receptionist who works at a place of business of the association or with any person at any office or premises occupied by the association who appears to be in control or management of the premises;
(i) on any board, tribunal or commission, by leaving a copy of it with the secretary, an officer or a member;
(j) on the Crown in right of the Province, by serving in accordance with the provisions of the Proceedings Against the Crown Act;
(k) on the Crown in right of Canada, by serving in accordance with the provisions of the Crown Liability and Proceedings Act (Canada);
(l) on the Attorney General, by leaving a copy of it with him or her or with any lawyer employed in the Office of the Attorney General, the part of the Department of Justice and Public Safety that includes the Legal Services Branch, the Legislative Services Branch, the Family Crown Services Branch and the Public Prosecution Services Branch, at Fredericton;
(m) on the estate of a deceased person by leaving a copy of it with the executor or other personal representative of the estate of the deceased person or the litigation administrator representing the estate of the deceased person;
(n) on a minor, by leaving a copy of the document with his or her parent, guardian or another adult with whom or in whose care he or she resides, and, if the minor is of the age of 16 years or over, by leaving a copy of the document with him or her;
(o) on a person of whose estate the Public Trustee is the committee by virtue of the Mental Health Act, by leaving a copy of it with the Public Trustee;
(p) on a person for whom a representative has been appointed under the Supported Decision-Making and Representation Act, by leaving a copy of it with the representative;
(q) on a person who lacks the capacity to make decisions with respect to the proceeding but for whom a representative has not been appointed, by leaving a copy of it with the person and with the person in whose care the person resides; and
(r) on a person declared to be an absentee under the Presumption of Death Act, by leaving a copy of the document with his or her committee.
50(2)Service by prepaid registered mail or prepaid courier shall be deemed to have been effected if any one of the following is returned to and received by the sender:
(a) the acknowledgment of receipt card or a copy of it, bearing the purported signature of the person to whom the document was sent;
(b) a post office receipt or a courier receipt, or a copy of it, bearing the purported signature of the person to whom the document was sent;
(c) any other form of acknowledgement of receipt in writing or a copy of it, bearing the purported signature of the person to whom the document was sent; and
(d) confirmation in writing from the carrier that the document was delivered to the person to whom the document was sent.
50(3)Paragraph (2)(d) is satisfied by a written confirmation printed from the Internet Web site of the carrier that the document was delivered to the addressee at the address on the document, together with the date of delivery and the name of the person who signed for the delivery.
50(4)For the purposes of service by prepaid registered mail or prepaid courier on a corporation, the signature of any of the following is sufficient for the purposes of subsection (2):
(a) an officer or director of the corporation;
(b) any person who accepts mail on behalf of the corporation at its registered office; and
(c) an attorney for service for the corporation.
50(5)When serving a document, it is not necessary for the server to produce the original document or for the server to have it in his or her possession.
50(6)A party who is represented by a solicitor may be served by leaving a copy of the document with his or her solicitor if the solicitor endorses on the copy his or her acceptance of service and the date of acceptance and by so doing, the solicitor shall be deemed to represent to the court that he or she has the authority of his or her client to accept service.
2013, c.42, s.18; 2017, c.20, s.169; 2019, c.2, s.138; 2020, c.25, s.106; 2022, c.60, s.84
Service of documents
50(1)Except as otherwise provided in this section, a document that is required to be served on a person shall be served as follows:
(a) on an individual, except an individual under a disability referred to in paragraphs (n) to (r),
(i) by leaving a copy of it with the person,
(ii) by sending a copy of it by prepaid registered mail or prepaid courier to him or her, or
(iii) by leaving a copy of it with a person who appears to be an adult and an occupant of the dwelling in which the individual to be served resides, and by sending another copy by ordinary mail on the same or next day addressed to the individual to be served, at his or her place of residence;
(b) on a corporation,
(i) by leaving a copy of it with a director or officer of the corporation,
(ii) by leaving a copy of it with a person at a place of business of the corporation who appears to manage or control the business at that place,
(iii) by leaving a copy of it at a place of business of the corporation with a receptionist who works at that place,
(iv) by leaving a copy of it at the registered office of the corporation,
(v) by sending a copy of it by prepaid registered mail or prepaid courier to the registered office of the corporation, or
(vi) if the corporation is an extra-provincial corporation, by sending a copy of it by prepaid registered mail or prepaid courier to the address of the attorney for service for the corporation;
(c) on a partnership,
(i) by leaving a copy of it with a partner,
(ii) by leaving a copy of it with a person at a place of business of the partnership who appears to manage or control the business at that place,
(iii) by leaving a copy of it at a place of business of the partnership with a receptionist who works at that place, or
(iv) by sending a copy of it by prepaid registered mail or prepaid courier to a partner;
(d) on a person who resides outside New Brunswick and who carries on business in New Brunswick, by leaving a copy of it with any person in New Brunswick carrying on business for that person in New Brunswick;
(e) on a sole proprietorship,
(i) by leaving a copy of it with the sole proprietor,
(ii) by leaving a copy of it with any person at a place of business of the sole proprietor who appears to be in control or management at that place,
(iii) by leaving a copy of it at a place of business of the sole proprietor with a receptionist who works at that place, or
(iv) by sending a copy of it by prepaid registered mail or prepaid courier to the sole proprietor;
(f) on a local government, by leaving a copy of it with the mayor, deputy mayor, clerk, assistant clerk or with any solicitor for the local government;
(g) Repealed: 2017, c.20, s.169
(h) on an unincorporated association, by leaving a copy of it with an officer of the association, with a receptionist who works at a place of business of the association or with any person at any office or premises occupied by the association who appears to be in control or management of the premises;
(i) on any board, tribunal or commission, by leaving a copy of it with the secretary, an officer or a member;
(j) on the Crown in right of the Province, by serving in accordance with the provisions of the Proceedings Against the Crown Act;
(k) on the Crown in right of Canada, by serving in accordance with the provisions of the Crown Liability and Proceedings Act (Canada);
(l) on the Attorney General, by leaving a copy of it with him or her or with any lawyer employed in the Office of the Attorney General, the part of the Department of Justice and Public Safety that includes the Legal Services Branch, the Legislative Services Branch, the Family Crown Services Branch and the Public Prosecution Services Branch, at Fredericton;
(m) on the estate of a deceased person by leaving a copy of it with the executor or other personal representative of the estate of the deceased person or the litigation administrator representing the estate of the deceased person;
(n) on a minor, by leaving a copy of the document with his or her parent, guardian or another adult with whom or in whose care he or she resides, and, if the minor is of the age of 16 years or over, by leaving a copy of the document with him or her;
(o) on a person of whose estate the Public Trustee is the committee by virtue of the Mental Health Act, by leaving a copy of it with the Public Trustee;
(p) on a person who has been declared mentally incompetent or incapable of managing his or her own affairs, by leaving a copy of it with the committee of his or her estate;
(q) on a person who is mentally incompetent or incapable of managing his or her own affairs, not so declared, by leaving a copy of it with the person and with his or her committee, if there is one, if not by leaving a copy with the person in whose care he or she resides; and
(r) on a person declared to be an absentee under the Presumption of Death Act, by leaving a copy of the document with his or her committee.
50(2)Service by prepaid registered mail or prepaid courier shall be deemed to have been effected if any one of the following is returned to and received by the sender:
(a) the acknowledgment of receipt card or a copy of it, bearing the purported signature of the person to whom the document was sent;
(b) a post office receipt or a courier receipt, or a copy of it, bearing the purported signature of the person to whom the document was sent;
(c) any other form of acknowledgement of receipt in writing or a copy of it, bearing the purported signature of the person to whom the document was sent; and
(d) confirmation in writing from the carrier that the document was delivered to the person to whom the document was sent.
50(3)Paragraph (2)(d) is satisfied by a written confirmation printed from the Internet Web site of the carrier that the document was delivered to the addressee at the address on the document, together with the date of delivery and the name of the person who signed for the delivery.
50(4)For the purposes of service by prepaid registered mail or prepaid courier on a corporation, the signature of any of the following is sufficient for the purposes of subsection (2):
(a) an officer or director of the corporation;
(b) any person who accepts mail on behalf of the corporation at its registered office; and
(c) an attorney for service for the corporation.
50(5)When serving a document, it is not necessary for the server to produce the original document or for the server to have it in his or her possession.
50(6)A party who is represented by a solicitor may be served by leaving a copy of the document with his or her solicitor if the solicitor endorses on the copy his or her acceptance of service and the date of acceptance and by so doing, the solicitor shall be deemed to represent to the court that he or she has the authority of his or her client to accept service.
2013, c.42, s.18; 2017, c.20, s.169; 2019, c.2, s.138; 2020, c.25, s.106
Service of documents
50(1)Except as otherwise provided in this section, a document that is required to be served on a person shall be served as follows:
(a) on an individual, except an individual under a disability referred to in paragraphs (n) to (r),
(i) by leaving a copy of it with the person,
(ii) by sending a copy of it by prepaid registered mail or prepaid courier to him or her, or
(iii) by leaving a copy of it with a person who appears to be an adult and an occupant of the dwelling in which the individual to be served resides, and by sending another copy by ordinary mail on the same or next day addressed to the individual to be served, at his or her place of residence;
(b) on a corporation,
(i) by leaving a copy of it with a director or officer of the corporation,
(ii) by leaving a copy of it with a person at a place of business of the corporation who appears to manage or control the business at that place,
(iii) by leaving a copy of it at a place of business of the corporation with a receptionist who works at that place,
(iv) by leaving a copy of it at the registered office of the corporation,
(v) by sending a copy of it by prepaid registered mail or prepaid courier to the registered office of the corporation, or
(vi) if the corporation is an extra-provincial corporation, by sending a copy of it by prepaid registered mail or prepaid courier to the address of the attorney for service for the corporation;
(c) on a partnership,
(i) by leaving a copy of it with a partner,
(ii) by leaving a copy of it with a person at a place of business of the partnership who appears to manage or control the business at that place,
(iii) by leaving a copy of it at a place of business of the partnership with a receptionist who works at that place, or
(iv) by sending a copy of it by prepaid registered mail or prepaid courier to a partner;
(d) on a person who resides outside New Brunswick and who carries on business in New Brunswick, by leaving a copy of it with any person in New Brunswick carrying on business for that person in New Brunswick;
(e) on a sole proprietorship,
(i) by leaving a copy of it with the sole proprietor,
(ii) by leaving a copy of it with any person at a place of business of the sole proprietor who appears to be in control or management at that place,
(iii) by leaving a copy of it at a place of business of the sole proprietor with a receptionist who works at that place, or
(iv) by sending a copy of it by prepaid registered mail or prepaid courier to the sole proprietor;
(f) on a local government, by leaving a copy of it with the mayor, deputy mayor, clerk, assistant clerk or with any solicitor for the local government;
(g) Repealed: 2017, c.20, s.169
(h) on an unincorporated association, by leaving a copy of it with an officer of the association, with a receptionist who works at a place of business of the association or with any person at any office or premises occupied by the association who appears to be in control or management of the premises;
(i) on any board, tribunal or commission, by leaving a copy of it with the secretary, an officer or a member;
(j) on the Crown in right of the Province, by serving in accordance with the provisions of the Proceedings Against the Crown Act;
(k) on the Crown in right of Canada, by serving in accordance with the provisions of the Crown Liability and Proceedings Act (Canada);
(l) on the Attorney General, by leaving a copy of it with him or her or with any lawyer employed in the Office of the Attorney General, the part of the Department of Justice and Office of the Attorney General that includes the Legal Services Branch, the Legislative Services Branch, the Family Crown Services Branch and the Public Prosecution Services Branch, at Fredericton;
(m) on the estate of a deceased person by leaving a copy of it with the executor or other personal representative of the estate of the deceased person or the litigation administrator representing the estate of the deceased person;
(n) on a minor, by leaving a copy of the document with his or her parent, guardian or another adult with whom or in whose care he or she resides, and, if the minor is of the age of 16 years or over, by leaving a copy of the document with him or her;
(o) on a person of whose estate the Public Trustee is the committee by virtue of the Mental Health Act, by leaving a copy of it with the Public Trustee;
(p) on a person who has been declared mentally incompetent or incapable of managing his or her own affairs, by leaving a copy of it with the committee of his or her estate;
(q) on a person who is mentally incompetent or incapable of managing his or her own affairs, not so declared, by leaving a copy of it with the person and with his or her committee, if there is one, if not by leaving a copy with the person in whose care he or she resides; and
(r) on a person declared to be an absentee under the Presumption of Death Act, by leaving a copy of the document with his or her committee.
50(2)Service by prepaid registered mail or prepaid courier shall be deemed to have been effected if any one of the following is returned to and received by the sender:
(a) the acknowledgment of receipt card or a copy of it, bearing the purported signature of the person to whom the document was sent;
(b) a post office receipt or a courier receipt, or a copy of it, bearing the purported signature of the person to whom the document was sent;
(c) any other form of acknowledgement of receipt in writing or a copy of it, bearing the purported signature of the person to whom the document was sent; and
(d) confirmation in writing from the carrier that the document was delivered to the person to whom the document was sent.
50(3)Paragraph (2)(d) is satisfied by a written confirmation printed from the Internet Web site of the carrier that the document was delivered to the addressee at the address on the document, together with the date of delivery and the name of the person who signed for the delivery.
50(4)For the purposes of service by prepaid registered mail or prepaid courier on a corporation, the signature of any of the following is sufficient for the purposes of subsection (2):
(a) an officer or director of the corporation;
(b) any person who accepts mail on behalf of the corporation at its registered office; and
(c) an attorney for service for the corporation.
50(5)When serving a document, it is not necessary for the server to produce the original document or for the server to have it in his or her possession.
50(6)A party who is represented by a solicitor may be served by leaving a copy of the document with his or her solicitor if the solicitor endorses on the copy his or her acceptance of service and the date of acceptance and by so doing, the solicitor shall be deemed to represent to the court that he or she has the authority of his or her client to accept service.
2013, c.42, s.18; 2017, c.20, s.169; 2019, c.2, s.138
Service of documents
50(1)Except as otherwise provided in this section, a document that is required to be served on a person shall be served as follows:
(a) on an individual, except an individual under a disability referred to in paragraphs (n) to (r),
(i) by leaving a copy of it with the person,
(ii) by sending a copy of it by prepaid registered mail or prepaid courier to him or her, or
(iii) by leaving a copy of it with a person who appears to be an adult and an occupant of the dwelling in which the individual to be served resides, and by sending another copy by ordinary mail on the same or next day addressed to the individual to be served, at his or her place of residence;
(b) on a corporation,
(i) by leaving a copy of it with a director or officer of the corporation,
(ii) by leaving a copy of it with a person at a place of business of the corporation who appears to manage or control the business at that place,
(iii) by leaving a copy of it at a place of business of the corporation with a receptionist who works at that place,
(iv) by leaving a copy of it at the registered office of the corporation,
(v) by sending a copy of it by prepaid registered mail or prepaid courier to the registered office of the corporation, or
(vi) if the corporation is an extra-provincial corporation, by sending a copy of it by prepaid registered mail or prepaid courier to the address of the attorney for service for the corporation;
(c) on a partnership,
(i) by leaving a copy of it with a partner,
(ii) by leaving a copy of it with a person at a place of business of the partnership who appears to manage or control the business at that place,
(iii) by leaving a copy of it at a place of business of the partnership with a receptionist who works at that place, or
(iv) by sending a copy of it by prepaid registered mail or prepaid courier to a partner;
(d) on a person who resides outside New Brunswick and who carries on business in New Brunswick, by leaving a copy of it with any person in New Brunswick carrying on business for that person in New Brunswick;
(e) on a sole proprietorship,
(i) by leaving a copy of it with the sole proprietor,
(ii) by leaving a copy of it with any person at a place of business of the sole proprietor who appears to be in control or management at that place,
(iii) by leaving a copy of it at a place of business of the sole proprietor with a receptionist who works at that place, or
(iv) by sending a copy of it by prepaid registered mail or prepaid courier to the sole proprietor;
(f) on a local government, by leaving a copy of it with the mayor, deputy mayor, clerk, assistant clerk or with any solicitor for the local government;
(g) Repealed: 2017, c.20, s.169
(h) on an unincorporated association, by leaving a copy of it with an officer of the association, with a receptionist who works at a place of business of the association or with any person at any office or premises occupied by the association who appears to be in control or management of the premises;
(i) on any board, tribunal or commission, by leaving a copy of it with the secretary, an officer or a member;
(j) on the Crown in right of the Province, by serving in accordance with the provisions of the Proceedings Against the Crown Act;
(k) on the Crown in right of Canada, by serving in accordance with the provisions of the Crown Liability and Proceedings Act (Canada);
(l) on the Attorney General, by leaving a copy of it with him or her or with any lawyer employed in the Office of the Attorney General at Fredericton;
(m) on the estate of a deceased person by leaving a copy of it with the executor or other personal representative of the estate of the deceased person or the litigation administrator representing the estate of the deceased person;
(n) on a minor, by leaving a copy of the document with his or her parent, guardian or another adult with whom or in whose care he or she resides, and, if the minor is of the age of 16 years or over, by leaving a copy of the document with him or her;
(o) on a person of whose estate the Public Trustee is the committee by virtue of the Mental Health Act, by leaving a copy of it with the Public Trustee;
(p) on a person who has been declared mentally incompetent or incapable of managing his or her own affairs, by leaving a copy of it with the committee of his or her estate;
(q) on a person who is mentally incompetent or incapable of managing his or her own affairs, not so declared, by leaving a copy of it with the person and with his or her committee, if there is one, if not by leaving a copy with the person in whose care he or she resides; and
(r) on a person declared to be an absentee under the Presumption of Death Act, by leaving a copy of the document with his or her committee.
50(2)Service by prepaid registered mail or prepaid courier shall be deemed to have been effected if any one of the following is returned to and received by the sender:
(a) the acknowledgment of receipt card or a copy of it, bearing the purported signature of the person to whom the document was sent;
(b) a post office receipt or a courier receipt, or a copy of it, bearing the purported signature of the person to whom the document was sent;
(c) any other form of acknowledgement of receipt in writing or a copy of it, bearing the purported signature of the person to whom the document was sent; and
(d) confirmation in writing from the carrier that the document was delivered to the person to whom the document was sent.
50(3)Paragraph (2)(d) is satisfied by a written confirmation printed from the Internet Web site of the carrier that the document was delivered to the addressee at the address on the document, together with the date of delivery and the name of the person who signed for the delivery.
50(4)For the purposes of service by prepaid registered mail or prepaid courier on a corporation, the signature of any of the following is sufficient for the purposes of subsection (2):
(a) an officer or director of the corporation;
(b) any person who accepts mail on behalf of the corporation at its registered office; and
(c) an attorney for service for the corporation.
50(5)When serving a document, it is not necessary for the server to produce the original document or for the server to have it in his or her possession.
50(6)A party who is represented by a solicitor may be served by leaving a copy of the document with his or her solicitor if the solicitor endorses on the copy his or her acceptance of service and the date of acceptance and by so doing, the solicitor shall be deemed to represent to the court that he or she has the authority of his or her client to accept service.
2013, c.42, s.18; 2017, c.20, s.169
Service of documents
50(1)Except as otherwise provided in this section, a document that is required to be served on a person shall be served as follows:
(a) on an individual, except an individual under a disability referred to in paragraphs (n) to (r),
(i) by leaving a copy of it with the person,
(ii) by sending a copy of it by prepaid registered mail or prepaid courier to him or her, or
(iii) by leaving a copy of it with a person who appears to be an adult and an occupant of the dwelling in which the individual to be served resides, and by sending another copy by ordinary mail on the same or next day addressed to the individual to be served, at his or her place of residence;
(b) on a corporation,
(i) by leaving a copy of it with a director or officer of the corporation,
(ii) by leaving a copy of it with a person at a place of business of the corporation who appears to manage or control the business at that place,
(iii) by leaving a copy of it at a place of business of the corporation with a receptionist who works at that place,
(iv) by leaving a copy of it at the registered office of the corporation,
(v) by sending a copy of it by prepaid registered mail or prepaid courier to the registered office of the corporation, or
(vi) if the corporation is an extra-provincial corporation, by sending a copy of it by prepaid registered mail or prepaid courier to the address of the attorney for service for the corporation;
(c) on a partnership,
(i) by leaving a copy of it with a partner,
(ii) by leaving a copy of it with a person at a place of business of the partnership who appears to manage or control the business at that place,
(iii) by leaving a copy of it at a place of business of the partnership with a receptionist who works at that place, or
(iv) by sending a copy of it by prepaid registered mail or prepaid courier to a partner;
(d) on a person who resides outside New Brunswick and who carries on business in New Brunswick, by leaving a copy of it with any person in New Brunswick carrying on business for that person in New Brunswick;
(e) on a sole proprietorship,
(i) by leaving a copy of it with the sole proprietor,
(ii) by leaving a copy of it with any person at a place of business of the sole proprietor who appears to be in control or management at that place,
(iii) by leaving a copy of it at a place of business of the sole proprietor with a receptionist who works at that place, or
(iv) by sending a copy of it by prepaid registered mail or prepaid courier to the sole proprietor;
(f) on a municipality, by leaving a copy of it with the mayor, deputy mayor, clerk, assistant clerk or with any solicitor for the municipality;
(g) on a rural community, by leaving a copy of it with the rural community mayor, rural community deputy mayor, rural community clerk, assistant clerk or with any solicitor for the rural community;
(h) on an unincorporated association, by leaving a copy of it with an officer of the association, with a receptionist who works at a place of business of the association or with any person at any office or premises occupied by the association who appears to be in control or management of the premises;
(i) on any board, tribunal or commission, by leaving a copy of it with the secretary, an officer or a member;
(j) on the Crown in right of the Province, by serving in accordance with the provisions of the Proceedings Against the Crown Act;
(k) on the Crown in right of Canada, by serving in accordance with the provisions of the Crown Liability and Proceedings Act (Canada);
(l) on the Attorney General, by leaving a copy of it with him or her or with any lawyer employed in the Office of the Attorney General at Fredericton;
(m) on the estate of a deceased person by leaving a copy of it with the executor or other personal representative of the estate of the deceased person or the litigation administrator representing the estate of the deceased person;
(n) on a minor, by leaving a copy of the document with his or her parent, guardian or another adult with whom or in whose care he or she resides, and, if the minor is of the age of 16 years or over, by leaving a copy of the document with him or her;
(o) on a person of whose estate the Public Trustee is the committee by virtue of the Mental Health Act, by leaving a copy of it with the Public Trustee;
(p) on a person who has been declared mentally incompetent or incapable of managing his or her own affairs, by leaving a copy of it with the committee of his or her estate;
(q) on a person who is mentally incompetent or incapable of managing his or her own affairs, not so declared, by leaving a copy of it with the person and with his or her committee, if there is one, if not by leaving a copy with the person in whose care he or she resides; and
(r) on a person declared to be an absentee under the Presumption of Death Act, by leaving a copy of the document with his or her committee.
50(2)Service by prepaid registered mail or prepaid courier shall be deemed to have been effected if any one of the following is returned to and received by the sender:
(a) the acknowledgment of receipt card or a copy of it, bearing the purported signature of the person to whom the document was sent;
(b) a post office receipt or a courier receipt, or a copy of it, bearing the purported signature of the person to whom the document was sent;
(c) any other form of acknowledgement of receipt in writing or a copy of it, bearing the purported signature of the person to whom the document was sent; and
(d) confirmation in writing from the carrier that the document was delivered to the person to whom the document was sent.
50(3)Paragraph (2)(d) is satisfied by a written confirmation printed from the Internet Web site of the carrier that the document was delivered to the addressee at the address on the document, together with the date of delivery and the name of the person who signed for the delivery.
50(4)For the purposes of service by prepaid registered mail or prepaid courier on a corporation, the signature of any of the following is sufficient for the purposes of subsection (2):
(a) an officer or director of the corporation;
(b) any person who accepts mail on behalf of the corporation at its registered office; and
(c) an attorney for service for the corporation.
50(5)When serving a document, it is not necessary for the server to produce the original document or for the server to have it in his or her possession.
50(6)A party who is represented by a solicitor may be served by leaving a copy of the document with his or her solicitor if the solicitor endorses on the copy his or her acceptance of service and the date of acceptance and by so doing, the solicitor shall be deemed to represent to the court that he or she has the authority of his or her client to accept service.
2013, c.42, s.18
Service of documents
50(1)Except as otherwise provided in this section, a document that is required to be served on a person shall be served as follows:
(a) on an individual, except an individual under a disability referred to in paragraphs (n) to (r),
(i) by leaving a copy of it with the person,
(ii) by sending a copy of it by prepaid registered mail or prepaid courier to him or her, or
(iii) by leaving a copy of it with a person who appears to be an adult and an occupant of the dwelling in which the individual to be served resides, and by sending another copy by ordinary mail on the same or next day addressed to the individual to be served, at his or her place of residence;
(b) on a corporation,
(i) by leaving a copy of it with a director or officer of the corporation,
(ii) by leaving a copy of it with a person at a place of business of the corporation who appears to manage or control the business at that place,
(iii) by leaving a copy of it at a place of business of the corporation with a receptionist who works at that place,
(iv) by leaving a copy of it at the registered office of the corporation,
(v) by sending a copy of it by prepaid registered mail or prepaid courier to the registered office of the corporation, or
(vi) if the corporation is an extra-provincial corporation, by sending a copy of it by prepaid registered mail or prepaid courier to the address of the attorney for service for the corporation;
(c) on a partnership,
(i) by leaving a copy of it with a partner,
(ii) by leaving a copy of it with a person at a place of business of the partnership who appears to manage or control the business at that place,
(iii) by leaving a copy of it at a place of business of the partnership with a receptionist who works at that place, or
(iv) by sending a copy of it by prepaid registered mail or prepaid courier to a partner;
(d) on a person who resides outside New Brunswick and who carries on business in New Brunswick, by leaving a copy of it with any person in New Brunswick carrying on business for that person in New Brunswick;
(e) on a sole proprietorship,
(i) by leaving a copy of it with the sole proprietor,
(ii) by leaving a copy of it with any person at a place of business of the sole proprietor who appears to be in control or management at that place,
(iii) by leaving a copy of it at a place of business of the sole proprietor with a receptionist who works at that place, or
(iv) by sending a copy of it by prepaid registered mail or prepaid courier to the sole proprietor;
(f) on a municipality, by leaving a copy of it with the mayor, deputy mayor, clerk, assistant clerk or with any solicitor for the municipality;
(g) on a rural community, by leaving a copy of it with the rural community mayor, rural community deputy mayor, rural community clerk, assistant clerk or with any solicitor for the rural community;
(h) on an unincorporated association, by leaving a copy of it with an officer of the association, with a receptionist who works at a place of business of the association or with any person at any office or premises occupied by the association who appears to be in control or management of the premises;
(i) on any board, tribunal or commission, by leaving a copy of it with the secretary, an officer or a member;
(j) on the Crown in right of the Province, by serving in accordance with the provisions of the Proceedings Against the Crown Act;
(k) on the Crown in right of Canada, by serving in accordance with the provisions of the Crown Liability and Proceedings Act (Canada);
(l) on the Attorney General, by leaving a copy of it with him or her or with any lawyer employed in the part of the Department of Justice and Attorney General that includes the Legal Services Branch, the Legislative Services Branch and the Public Prosecutions Branch at Fredericton;
(m) on the estate of a deceased person by leaving a copy of it with the executor or other personal representative of the estate of the deceased person or the litigation administrator representing the estate of the deceased person;
(n) on a minor, by leaving a copy of the document with his or her parent, guardian or another adult with whom or in whose care he or she resides, and, if the minor is of the age of 16 years or over, by leaving a copy of the document with him or her;
(o) on a person of whose estate the Public Trustee is the committee by virtue of the Mental Health Act, by leaving a copy of it with the Public Trustee;
(p) on a person who has been declared mentally incompetent or incapable of managing his or her own affairs, by leaving a copy of it with the committee of his or her estate;
(q) on a person who is mentally incompetent or incapable of managing his or her own affairs, not so declared, by leaving a copy of it with the person and with his or her committee, if there is one, if not by leaving a copy with the person in whose care he or she resides; and
(r) on a person declared to be an absentee under the Presumption of Death Act, by leaving a copy of the document with his or her committee.
50(2)Service by prepaid registered mail or prepaid courier shall be deemed to have been effected if any one of the following is returned to and received by the sender:
(a) the acknowledgment of receipt card or a copy of it, bearing the purported signature of the person to whom the document was sent;
(b) a post office receipt or a courier receipt, or a copy of it, bearing the purported signature of the person to whom the document was sent;
(c) any other form of acknowledgement of receipt in writing or a copy of it, bearing the purported signature of the person to whom the document was sent; and
(d) confirmation in writing from the carrier that the document was delivered to the person to whom the document was sent.
50(3)Paragraph (2)(d) is satisfied by a written confirmation printed from the Internet Web site of the carrier that the document was delivered to the addressee at the address on the document, together with the date of delivery and the name of the person who signed for the delivery.
50(4)For the purposes of service by prepaid registered mail or prepaid courier on a corporation, the signature of any of the following is sufficient for the purposes of subsection (2):
(a) an officer or director of the corporation;
(b) any person who accepts mail on behalf of the corporation at its registered office; and
(c) an attorney for service for the corporation.
50(5)When serving a document, it is not necessary for the server to produce the original document or for the server to have it in his or her possession.
50(6)A party who is represented by a solicitor may be served by leaving a copy of the document with his or her solicitor if the solicitor endorses on the copy his or her acceptance of service and the date of acceptance and by so doing, the solicitor shall be deemed to represent to the court that he or she has the authority of his or her client to accept service.
Service of documents
50(1)Except as otherwise provided in this section, a document that is required to be served on a person shall be served as follows:
(a) on an individual, except an individual under a disability referred to in paragraphs (n) to (r),
(i) by leaving a copy of it with the person,
(ii) by sending a copy of it by prepaid registered mail or prepaid courier to him or her, or
(iii) by leaving a copy of it with a person who appears to be an adult and an occupant of the dwelling in which the individual to be served resides, and by sending another copy by ordinary mail on the same or next day addressed to the individual to be served, at his or her place of residence;
(b) on a corporation,
(i) by leaving a copy of it with a director or officer of the corporation,
(ii) by leaving a copy of it with a person at a place of business of the corporation who appears to manage or control the business at that place,
(iii) by leaving a copy of it at a place of business of the corporation with a receptionist who works at that place,
(iv) by leaving a copy of it at the registered office of the corporation,
(v) by sending a copy of it by prepaid registered mail or prepaid courier to the registered office of the corporation, or
(vi) if the corporation is an extra-provincial corporation, by sending a copy of it by prepaid registered mail or prepaid courier to the address of the attorney for service for the corporation;
(c) on a partnership,
(i) by leaving a copy of it with a partner,
(ii) by leaving a copy of it with a person at a place of business of the partnership who appears to manage or control the business at that place,
(iii) by leaving a copy of it at a place of business of the partnership with a receptionist who works at that place, or
(iv) by sending a copy of it by prepaid registered mail or prepaid courier to a partner;
(d) on a person who resides outside New Brunswick and who carries on business in New Brunswick, by leaving a copy of it with any person in New Brunswick carrying on business for that person in New Brunswick;
(e) on a sole proprietorship,
(i) by leaving a copy of it with the sole proprietor,
(ii) by leaving a copy of it with any person at a place of business of the sole proprietor who appears to be in control or management at that place,
(iii) by leaving a copy of it at a place of business of the sole proprietor with a receptionist who works at that place, or
(iv) by sending a copy of it by prepaid registered mail or prepaid courier to the sole proprietor;
(f) on a municipality, by leaving a copy of it with the mayor, deputy mayor, clerk, assistant clerk or with any solicitor for the municipality;
(g) on a rural community, by leaving a copy of it with the rural community mayor, rural community deputy mayor, rural community clerk, assistant clerk or with any solicitor for the rural community;
(h) on an unincorporated association, by leaving a copy of it with an officer of the association, with a receptionist who works at a place of business of the association or with any person at any office or premises occupied by the association who appears to be in control or management of the premises;
(i) on any board, tribunal or commission, by leaving a copy of it with the secretary, an officer or a member;
(j) on the Crown in right of the Province, by serving in accordance with the provisions of the Proceedings Against the Crown Act;
(k) on the Crown in right of Canada, by serving in accordance with the provisions of the Crown Liability and Proceedings Act (Canada);
(l) on the Attorney General, by leaving a copy of it with him or her or with any lawyer employed in the part of the Department of Justice and Attorney General that includes the Legal Services Branch, the Legislative Services Branch and the Public Prosecutions Branch at Fredericton;
(m) on the estate of a deceased person by leaving a copy of it with the executor or other personal representative of the estate of the deceased person or the litigation administrator representing the estate of the deceased person;
(n) on a minor, by leaving a copy of the document with his or her parent, guardian or another adult with whom or in whose care he or she resides, and, if the minor is of the age of 16 years or over, by leaving a copy of the document with him or her;
(o) on a person of whose estate the Public Trustee is the committee by virtue of the Mental Health Act, by leaving a copy of it with the Public Trustee;
(p) on a person who has been declared mentally incompetent or incapable of managing his or her own affairs, by leaving a copy of it with the committee of his or her estate;
(q) on a person who is mentally incompetent or incapable of managing his or her own affairs, not so declared, by leaving a copy of it with the person and with his or her committee, if there is one, if not by leaving a copy with the person in whose care he or she resides; and
(r) on a person declared to be an absentee under the Presumption of Death Act, by leaving a copy of the document with his or her committee.
50(2)Service by prepaid registered mail or prepaid courier shall be deemed to have been effected if any one of the following is returned to and received by the sender:
(a) the acknowledgment of receipt card or a copy of it, bearing the purported signature of the person to whom the document was sent;
(b) a post office receipt or a courier receipt, or a copy of it, bearing the purported signature of the person to whom the document was sent;
(c) any other form of acknowledgement of receipt in writing or a copy of it, bearing the purported signature of the person to whom the document was sent; and
(d) confirmation in writing from the carrier that the document was delivered to the person to whom the document was sent.
50(3)Paragraph (2)(d) is satisfied by a written confirmation printed from the Internet Web site of the carrier that the document was delivered to the addressee at the address on the document, together with the date of delivery and the name of the person who signed for the delivery.
50(4)For the purposes of service by prepaid registered mail or prepaid courier on a corporation, the signature of any of the following is sufficient for the purposes of subsection (2):
(a) an officer or director of the corporation;
(b) any person who accepts mail on behalf of the corporation at its registered office; and
(c) an attorney for service for the corporation.
50(5)When serving a document, it is not necessary for the server to produce the original document or for the server to have it in his or her possession.
50(6)A party who is represented by a solicitor may be served by leaving a copy of the document with his or her solicitor if the solicitor endorses on the copy his or her acceptance of service and the date of acceptance and by so doing, the solicitor shall be deemed to represent to the court that he or she has the authority of his or her client to accept service.