Acts and Regulations

I-4 - Industrial Relations Act

Section 136
Disposition versions

Full text
Service of documents
136(1)Any notice, interim order, order, decision, determination, direction, declaration, ruling, report, award or other paper or document, required or authorized to be served or sent for the purposes of this Act or any proceeding taken under it, may be served or sent by delivering it, or a true copy thereof,
(a) to, or at residence of, the person on or to whom service is authorized under section 134,
(b) to, or at the business address of, the person on or to whom service is authorized under section 134, or
(c) to any person who is apparently in charge at the business address of the person on or to whom service is authorized under section 134.
136(2)Any instrument to which subsection (1) refers, whether provided for or otherwise in subsection (1), may be served or sent by delivering it, or a true copy thereof,
(a) to, or at the residence of, the person on whom service is to be made,
(b) to, or at the business address of, the person on whom service is to be made,
(c) to any person who is apparently in charge at the business address of the person on whom service is to be made, or
(d) where delivery is to be effected on a trade union, council of trade unions, or employers’ organization, to an officer of the trade union, council of trade unions, or employers’ organization.
136(3)Any instrument to which subsection (1) refers for the purposes of this Act or of any proceedings taken under it, may be sent through the mail, and if sent through the mail, shall be presumed, unless the contrary is proved, to have been received by the addressee in the ordinary course of mail.
136(4)Where an instrument to which subsection (3) refers is required to be served upon, or sent to, an employer, the package containing it shall, for the purposes of subsection (3), be deemed to be properly addressed if addressed to the establishment or place of business of which he has charge, with the addition of the proper postal address thereof, although it does not name the person who is the employer.
136(5)Proof by a person, employers’ organization, trade union or council of trade unions of failure to receive a determination, order, interim order or direction under section 83, 84, 87, 88, or 106 or a decision of an arbitrator or of an arbitration board constituted under the provisions of section 55 or 55.01 sent by mail to such person, employers’ organization, trade union or council of trade unions addressed to him or it at his or its latest known address is a defence by such person, employers’ organization, trade union or council of trade unions to an application for consent to institute a prosecution, to a prosecution, or to any proceedings to enforce as a judgment or order of the Court such determination, interim order, order, direction, decision or award.
136(6)Where a notice has been given under section 33 by registered mail and the addressee claims that he or it has not received the notice, the person, employers’ organization, trade union or council of trade unions that gave the notice may give a second notice to the addressee forthwith after he or it ascertains that the first notice had not been received, but in no case may the second notice be given more than three months after the day on which the first notice was mailed, and the second notice has the same force and effect for the purposes of this Act as the first notice would have had if it had been received by the addressee.
136(7)An application for certification, for accreditation, for a declaration that a trade union or council of trade unions no longer represents the employees in a bargaining unit or for de-accreditation of an employers’ organization, if sent by registered mail addressed to the Board at Fredericton, shall be deemed to have been made on the date on which it was so mailed.
136(8)A decision, determination, interim order, order, direction, declaration or ruling of the Board, a notice from the Minister that he does not deem it advisable to appoint a conciliation officer or a conciliation board, a notice from the Minister of a report of a conciliation officer, a report of a conciliation board or of a mediator, or mediation officer, or a decision or award of an arbitrator or of an arbitration board constituted under the provisions of section 55 or 55.01,
(a) if sent by mail to the person, employers’ organization, trade union or council of trade unions concerned addressed to him or it at his or its latest known address, shall be deemed to have been released on the second day after the day on which it was so mailed, or
(b) if delivered to a person, employers’ organization, trade union or council of trade unions concerned at his or its latest known address shall be deemed to have been released on the day next after the day on which it was so delivered.
1971, c.9, s.137; 1997, c.6, s.6; 2023, c.17, s.110
Service of documents
136(1)Any notice, interim order, order, decision, determination, direction, declaration, ruling, report, award or other paper or document, required or authorized to be served or sent for the purposes of this Act or any proceeding taken under it, may be served or sent by delivering it, or a true copy thereof,
(a) to, or at residence of, the person on or to whom service is authorized under section 134,
(b) to, or at the business address of, the person on or to whom service is authorized under section 134, or
(c) to any person who is apparently in charge at the business address of the person on or to whom service is authorized under section 134.
136(2)Any instrument to which subsection (1) refers, whether provided for or otherwise in subsection (1), may be served or sent by delivering it, or a true copy thereof,
(a) to, or at the residence of, the person on whom service is to be made,
(b) to, or at the business address of, the person on whom service is to be made,
(c) to any person who is apparently in charge at the business address of the person on whom service is to be made, or
(d) where delivery is to be effected on a trade union, council of trade unions, or employers’ organization, to an officer of the trade union, council of trade unions, or employers’ organization.
136(3)Any instrument to which subsection (1) refers for the purposes of this Act or of any proceedings taken under it, may be sent through Her Majesty’s mails, and if sent through the mails, shall be presumed, unless the contrary is proved, to have been received by the addressee in the ordinary course of mail.
136(4)Where an instrument to which subsection (3) refers is required to be served upon, or sent to, an employer, the package containing it shall, for the purposes of subsection (3), be deemed to be properly addressed if addressed to the establishment or place of business of which he has charge, with the addition of the proper postal address thereof, although it does not name the person who is the employer.
136(5)Proof by a person, employers’ organization, trade union or council of trade unions of failure to receive a determination, order, interim order or direction under section 83, 84, 87, 88, or 106 or a decision of an arbitrator or of an arbitration board constituted under the provisions of section 55 or 55.01 sent by mail to such person, employers’ organization, trade union or council of trade unions addressed to him or it at his or its latest known address is a defence by such person, employers’ organization, trade union or council of trade unions to an application for consent to institute a prosecution, to a prosecution, or to any proceedings to enforce as a judgment or order of the Court such determination, interim order, order, direction, decision or award.
136(6)Where a notice has been given under section 33 by registered mail and the addressee claims that he or it has not received the notice, the person, employers’ organization, trade union or council of trade unions that gave the notice may give a second notice to the addressee forthwith after he or it ascertains that the first notice had not been received, but in no case may the second notice be given more than three months after the day on which the first notice was mailed, and the second notice has the same force and effect for the purposes of this Act as the first notice would have had if it had been received by the addressee.
136(7)An application for certification, for accreditation, for a declaration that a trade union or council of trade unions no longer represents the employees in a bargaining unit or for de-accreditation of an employers’ organization, if sent by registered mail addressed to the Board at Fredericton, shall be deemed to have been made on the date on which it was so mailed.
136(8)A decision, determination, interim order, order, direction, declaration or ruling of the Board, a notice from the Minister that he does not deem it advisable to appoint a conciliation officer or a conciliation board, a notice from the Minister of a report of a conciliation officer, a report of a conciliation board or of a mediator, or mediation officer, or a decision or award of an arbitrator or of an arbitration board constituted under the provisions of section 55 or 55.01,
(a) if sent by mail to the person, employers’ organization, trade union or council of trade unions concerned addressed to him or it at his or its latest known address, shall be deemed to have been released on the second day after the day on which it was so mailed, or
(b) if delivered to a person, employers’ organization, trade union or council of trade unions concerned at his or its latest known address shall be deemed to have been released on the day next after the day on which it was so delivered.
1971, c.9, s.137; 1997, c.6, s.6