Acts and Regulations

M-17 - Motor Vehicle Act

Section 13
Disposition versions

Full text
Form of notice
13(1)The Registrar, if giving notice of any matter under the provisions of this Act, shall do so
(a) by means of personal service to the person to be notified,
(b) by the deposit of the notice in the mail, registered or certified, in an envelope with postage prepaid, addressed to the person at the person’s address as shown by the records of the Registrar, or
(c) by the delivery by prepaid courier of the notice, addressed to the person at the person’s address, as shown by the records of the Registrar.
13(2)The giving of notice by mail as provided for in paragraph (1)(b) shall be deemed to have been effected upon the expiration of ten days after the deposit of the notice in the mail.
13(3)The giving of notice by prepaid courier as provided for in paragraph (1)(c) shall be deemed to have been effected on the date on which the Registrar receives written confirmation from the courier, in the form and manner established by the Registrar, that the notice was delivered to the person to whom it was to be given.
13(4)Proof of the giving of notice as provided for in paragraph (1)(a), (b) or (c) may be made by a certificate or an affidavit purporting to be signed by any officer or employee of the Department of Justice and Public Safety or a peace officer acting under section 310.04 naming the person to whom the notice was given and specifying the time, place and manner of the giving of the notice.
13(5)A document that purports to be a certificate of the Registrar, a Deputy Registrar or the Acting Registrar that the notice was given in the manner provided for in paragraph (1)(a), (b) or (c)
(a) shall be admissible in evidence without proof of the signature, and
(b) is, in the absence of evidence to the contrary, proof that the person named in the certificate received notice of the matters referred to in the certificate.
13(6)In any prosecution for an offence under this Act, when proof of the giving of notice is made by certificate or affidavit as provided for under subsection (4), the burden of proving that the person charged is not the person named or referred to in the certificate or affidavit shall be upon the person charged.
1955, c.13, s.9; 1958, c.19, s.1; 1959, c.23, s.2; 1960, c.53, s.2, 3; 1965, c.29, s.3; 1977, c.32, s.3; 1982, c.3, s.47; 1983, c.52, s.4; 1987, c.4, s.10; 1990, c.8, s.1; 2002, c.32, s.5; 2007, c.44, s.3; 2016, c.8, s.3; 2016, c.37, s.111; 2019, c.2, s.92; 2020, c.25, s.73
Form of notice
13(1)The Registrar, if giving notice of any matter under the provisions of this Act, shall do so
(a) by means of personal service to the person to be notified,
(b) by the deposit of the notice in the mail, registered or certified, in an envelope with postage prepaid, addressed to the person at the person’s address as shown by the records of the Registrar, or
(c) by the delivery by prepaid courier of the notice, addressed to the person at the person’s address, as shown by the records of the Registrar.
13(2)The giving of notice by mail as provided for in paragraph (1)(b) shall be deemed to have been effected upon the expiration of ten days after the deposit of the notice in the mail.
13(3)The giving of notice by prepaid courier as provided for in paragraph (1)(c) shall be deemed to have been effected on the date on which the Registrar receives written confirmation from the courier, in the form and manner established by the Registrar, that the notice was delivered to the person to whom it was to be given.
13(4)Proof of the giving of notice as provided for in paragraph (1)(a), (b) or (c) may be made by a certificate or an affidavit purporting to be signed by any officer or employee of the Department of Public Safety or a peace officer acting under section 310.04 naming the person to whom the notice was given and specifying the time, place and manner of the giving of the notice.
13(5)A document that purports to be a certificate of the Registrar, a Deputy Registrar or the Acting Registrar that the notice was given in the manner provided for in paragraph (1)(a), (b) or (c)
(a) shall be admissible in evidence without proof of the signature, and
(b) is, in the absence of evidence to the contrary, proof that the person named in the certificate received notice of the matters referred to in the certificate.
13(6)In any prosecution for an offence under this Act, when proof of the giving of notice is made by certificate or affidavit as provided for under subsection (4), the burden of proving that the person charged is not the person named or referred to in the certificate or affidavit shall be upon the person charged.
1955, c.13, s.9; 1958, c.19, s.1; 1959, c.23, s.2; 1960, c.53, s.2, 3; 1965, c.29, s.3; 1977, c.32, s.3; 1982, c.3, s.47; 1983, c.52, s.4; 1987, c.4, s.10; 1990, c.8, s.1; 2002, c.32, s.5; 2007, c.44, s.3; 2016, c.8, s.3; 2016, c.37, s.111; 2019, c.2, s.92
Form of notice
13(1)The Registrar, if giving notice of any matter under the provisions of this Act, shall do so
(a) by means of personal service to the person to be notified,
(b) by the deposit of the notice in the mail, registered or certified, in an envelope with postage prepaid, addressed to the person at the person’s address as shown by the records of the Registrar, or
(c) by the delivery by prepaid courier of the notice, addressed to the person at the person’s address, as shown by the records of the Registrar.
13(2)The giving of notice by mail as provided for in paragraph (1)(b) shall be deemed to have been effected upon the expiration of ten days after the deposit of the notice in the mail.
13(3)The giving of notice by prepaid courier as provided for in paragraph (1)(c) shall be deemed to have been effected on the date on which the Registrar receives written confirmation from the courier, in the form and manner established by the Registrar, that the notice was delivered to the person to whom it was to be given.
13(4)Proof of the giving of notice as provided for in paragraph (1)(a), (b) or (c) may be made by a certificate or an affidavit purporting to be signed by any officer or employee of the Department of Justice and Public Safety or a peace officer acting under section 310.04 naming the person to whom the notice was given and specifying the time, place and manner of the giving of the notice.
13(5)A document that purports to be a certificate of the Registrar, a Deputy Registrar or the Acting Registrar that the notice was given in the manner provided for in paragraph (1)(a), (b) or (c)
(a) shall be admissible in evidence without proof of the signature, and
(b) is, in the absence of evidence to the contrary, proof that the person named in the certificate received notice of the matters referred to in the certificate.
13(6)In any prosecution for an offence under this Act, when proof of the giving of notice is made by certificate or affidavit as provided for under subsection (4), the burden of proving that the person charged is not the person named or referred to in the certificate or affidavit shall be upon the person charged.
1955, c.13, s.9; 1958, c.19, s.1; 1959, c.23, s.2; 1960, c.53, s.2, 3; 1965, c.29, s.3; 1977, c.32, s.3; 1982, c.3, s.47; 1983, c.52, s.4; 1987, c.4, s.10; 1990, c.8, s.1; 2002, c.32, s.5; 2007, c.44, s.3; 2016, c.8, s.3; 2016, c.37, s.111
Form of notice
13(1)The Registrar, if giving notice of any matter under the provisions of this Act, shall do so
(a) by means of personal service to the person to be notified,
(b) by the deposit of the notice in the mail, registered or certified, in an envelope with postage prepaid, addressed to the person at the person’s address as shown by the records of the Registrar, or
(c) by the delivery by prepaid courier of the notice, addressed to the person at the person’s address, as shown by the records of the Registrar.
13(2)The giving of notice by mail as provided for in paragraph (1)(b) shall be deemed to have been effected upon the expiration of ten days after the deposit of the notice in the mail.
13(3)The giving of notice by prepaid courier as provided for in paragraph (1)(c) shall be deemed to have been effected on the date on which the Registrar receives written confirmation from the courier, in the form and manner established by the Registrar, that the notice was delivered to the person to whom it was to be given.
13(4)Proof of the giving of notice as provided for in paragraph (1)(a), (b) or (c) may be made by a certificate or an affidavit purporting to be signed by any officer or employee of the Department of Public Safety or a peace officer acting under section 310.04 naming the person to whom the notice was given and specifying the time, place and manner of the giving of the notice.
13(5)A document that purports to be a certificate of the Registrar, a Deputy Registrar or the Acting Registrar that the notice was given in the manner provided for in paragraph (1)(a), (b) or (c)
(a) shall be admissible in evidence without proof of the signature, and
(b) is, in the absence of evidence to the contrary, proof that the person named in the certificate received notice of the matters referred to in the certificate.
13(6)In any prosecution for an offence under this Act, when proof of the giving of notice is made by certificate or affidavit as provided for under subsection (4), the burden of proving that the person charged is not the person named or referred to in the certificate or affidavit shall be upon the person charged.
1955, c.13, s.9; 1958, c.19, s.1; 1959, c.23, s.2; 1960, c.53, s.2, 3; 1965, c.29, s.3; 1977, c.32, s.3; 1982, c.3, s.47; 1983, c.52, s.4; 1987, c.4, s.10; 1990, c.8, s.1; 2002, c.32, s.5; 2007, c.44, s.3; 2016, c.8, s.3
Form of notice
13(1)The Registrar, if giving notice of any matter under the provisions of this Act, shall do so
(a) by means of personal service to the person to be notified,
(b) by the deposit of the notice in the mail, registered or certified, in an envelope with postage prepaid, addressed to the person at the person’s address as shown by the records of the Registrar, or
(c) by the delivery by prepaid courier of the notice, addressed to the person at the person’s address, as shown by the records of the Registrar.
13(2)The giving of notice by mail as provided for in paragraph (1)(b) shall be deemed to have been effected upon the expiration of ten days after the deposit of the notice in the mail.
13(3)The giving of notice by prepaid courier as provided for in paragraph (1)(c) shall be deemed to have been effected on the date on which the Registrar receives written confirmation from the courier, in the form and manner established by the Registrar, that the notice was delivered to the person to whom it was to be given.
13(4)Proof of the giving of notice as provided for in paragraph (1)(a), (b) or (c) may be made by a certificate or an affidavit purporting to be signed by any officer or employee of the Department of Public Safety or a peace officer acting under section 310.04 naming the person to whom the notice was given and specifying the time, place and manner of the giving of the notice.
13(5)A document that purports to be a certificate of the Registrar, the Deputy Registrar or the Acting Registrar that the notice was given in the manner provided for in paragraph (1)(a), (b) or (c)
(a) shall be admissible in evidence without proof of the signature, and
(b) is, in the absence of evidence to the contrary, proof that the person named in the certificate received notice of the matters referred to in the certificate.
13(6)In any prosecution for an offence under this Act, when proof of the giving of notice is made by certificate or affidavit as provided for under subsection (4), the burden of proving that the person charged is not the person named or referred to in the certificate or affidavit shall be upon the person charged.
1955, c.13, s.9; 1958, c.19, s.1; 1959, c.23, s.2; 1960, c.53, s.2, 3; 1965, c.29, s.3; 1977, c.32, s.3; 1982, c.3, s.47; 1983, c.52, s.4; 1987, c.4, s.10; 1990, c.8, s.1; 2002, c.32, s.5; 2007, c.44, s.3
Form of notice
13(1)The Registrar, if giving notice of any matter under the provisions of this Act, shall do so
(a) by means of personal service to the person to be notified,
(b) by the deposit of the notice in the mail, registered or certified, in an envelope with postage prepaid, addressed to the person at the person’s address as shown by the records of the Registrar, or
(c) by the delivery by prepaid courier of the notice, addressed to the person at the person’s address, as shown by the records of the Registrar.
13(2)The giving of notice by mail as provided for in paragraph (1)(b) shall be deemed to have been effected upon the expiration of ten days after the deposit of the notice in the mail.
13(3)The giving of notice by prepaid courier as provided for in paragraph (1)(c) shall be deemed to have been effected on the date on which the Registrar receives written confirmation from the courier, in the form and manner established by the Registrar, that the notice was delivered to the person to whom it was to be given.
13(4)Proof of the giving of notice as provided for in paragraph (1)(a), (b) or (c) may be made by a certificate or an affidavit purporting to be signed by any officer or employee of the Department of Public Safety or a peace officer acting under section 310.04 naming the person to whom the notice was given and specifying the time, place and manner of the giving of the notice.
13(5)A document that purports to be a certificate of the Registrar, the Deputy Registrar or the Acting Registrar that the notice was given in the manner provided for in paragraph (1)(a), (b) or (c)
(a) shall be admissible in evidence without proof of the signature, and
(b) is, in the absence of evidence to the contrary, proof that the person named in the certificate received notice of the matters referred to in the certificate.
13(6)In any prosecution for an offence under this Act, when proof of the giving of notice is made by certificate or affidavit as provided for under subsection (4), the burden of proving that the person charged is not the person named or referred to in the certificate or affidavit shall be upon the person charged.
1955, c.13, s.9; 1958, c.19, s.1; 1959, c.23, s.2; 1960, c.53, s.2, 3; 1965, c.29, s.3; 1977, c.32, s.3; 1982, c.3, s.47; 1983, c.52, s.4; 1987, c.4, s.10; 1990, c.8, s.1; 2002, c.32, s.5; 2007, c.44, s.3
Form of notice
13(1)The Registrar, if giving notice of any matter under the provisions of this Act, shall do so
(a) by means of personal service to the person to be notified,
(b) by the deposit of the notice in the mail, registered or certified, in an envelope with postage prepaid, addressed to the person at the person’s address as shown by the records of the Registrar, or
(c) by the delivery by prepaid courier of the notice, addressed to the person at the person’s address, as shown by the records of the Registrar.
13(2)The giving of notice by mail as provided for in paragraph (1)(b) shall be deemed to have been effected upon the expiration of ten days after the deposit of the notice in the mail.
13(3)The giving of notice by prepaid courier as provided for in paragraph (1)(c) shall be deemed to have been effected on the date on which the Registrar receives written confirmation from the courier, in the form and manner established by the Registrar, that the notice was delivered to the person to whom it was to be given.
13(4)Proof of the giving of notice as provided for in paragraph (1)(a), (b) or (c) may be made by a certificate or an affidavit purporting to be signed by any officer or employee of the Department of Public Safety naming the person to whom the notice was given and specifying the time, place and manner of the giving of the notice.
13(5)A document that purports to be a certificate of the Registrar, the Deputy Registrar or the Acting Registrar that the notice was given in the manner provided for in paragraph (1)(a), (b) or (c)
(a) shall be admissible in evidence without proof of the signature, and
(b) is, in the absence of evidence to the contrary, proof that the person named in the certificate received notice of the matters referred to in the certificate.
13(6)In any prosecution for an offence under this Act, when proof of the giving of notice is made by certificate or affidavit as provided for under subsection (4), the burden of proving that the person charged is not the person named or referred to in the certificate or affidavit shall be upon the person charged.
1955, c.13, s.9; 1958, c.19, s.1; 1959, c.23, s.2; 1960, c.53, s.2, 3; 1965, c.29, s.3; 1977, c.32, s.3; 1982, c.3, s.47; 1983, c.52, s.4; 1987, c.4, s.10; 1990, c.8, s.1; 2002, c.32, s.5