Acts and Regulations

P-21.1 - Provincial Court Judges’ Pension Act

Section 35
Disposition versions

Full text
Service of documents
35(1)Any notice or other document to be served by the Minister on a person under this Act or the regulations may be served by personal service or by being deposited in the mail in an envelope with postage prepaid, addressed to the person at the person’s address as shown by the records of the Minister.
35(2)A notice or other document referred to in subsection (1) shall be deemed to be served five days after the deposit of the notice or other document in the mail.
35(3)Proof of service in either manner provided for in subsection (1) may be made by a certificate or an affidavit purporting to be signed by any employee of the department called Treasury Board, naming the person on whom service was made and specifying the time, place and manner of the service.
35(4)A document that purports to be a certificate or affidavit of an employee of the department called Treasury Board to the effect that the service was made in the manner provided for in subsection (1)
(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 or affidavit was served with the notice or document referred to in the certificate or affidavit.
35(5)In any proceeding relating to a benefit under this Act, when proof of service is made as provided for in subsection (3), the burden of proving that a person is not the person named or referred to in the certificate or affidavit shall be upon the person so alleging.
2016, c.37, s.156
Service of documents
35(1)Any notice or other document to be served by the Minister on a person under this Act or the regulations may be served by personal service or by being deposited in the mail in an envelope with postage prepaid, addressed to the person at the person’s address as shown by the records of the Minister.
35(2)A notice or other document referred to in subsection (1) shall be deemed to be served five days after the deposit of the notice or other document in the mail.
35(3)Proof of service in either manner provided for in subsection (1) may be made by a certificate or an affidavit purporting to be signed by any employee of the Department of Finance, naming the person on whom service was made and specifying the time, place and manner of the service.
35(4)A document that purports to be a certificate or affidavit of an employee of the Department of Finance to the effect that the service was made in the manner provided for in subsection (1)
(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 or affidavit was served with the notice or document referred to in the certificate or affidavit.
35(5)In any proceeding relating to a benefit under this Act, when proof of service is made as provided for in subsection (3), the burden of proving that a person is not the person named or referred to in the certificate or affidavit shall be upon the person so alleging.
Service of documents
35(1)Any notice or other document to be served by the Minister on a person under this Act or the regulations may be served by personal service or by being deposited in the mail in an envelope with postage prepaid, addressed to the person at the person’s address as shown by the records of the Minister.
35(2)A notice or other document referred to in subsection (1) shall be deemed to be served five days after the deposit of the notice or other document in the mail.
35(3)Proof of service in either manner provided for in subsection (1) may be made by a certificate or an affidavit purporting to be signed by any employee of the Department of Finance, naming the person on whom service was made and specifying the time, place and manner of the service.
35(4)A document that purports to be a certificate or affidavit of an employee of the Department of Finance to the effect that the service was made in the manner provided for in subsection (1)
(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 or affidavit was served with the notice or document referred to in the certificate or affidavit.
35(5)In any proceeding relating to a benefit under this Act, when proof of service is made as provided for in subsection (3), the burden of proving that a person is not the person named or referred to in the certificate or affidavit shall be upon the person so alleging.