Service of notices and documents
101(1)Except as otherwise provided by this Act or the regulations, any document served under this Act may be served personally or by mail.
101(1.1)Any document served under this Act may be served by serving
(a)
the document itself, or
(b)
a true copy of the document.
101(2)A document that is served personally may be delivered
(a)
to the person personally or, if that person cannot conveniently be found, by leaving it at that person’s last known or usual place of residence with a person who appears to be an adult and who appears to reside there with the person to be served,
(b)
in the case of a local government, to the mayor, deputy mayor, chief administrative officer, clerk, assistant clerk or other chief officer of the local government or to the solicitor for the local government,
(b.1)
Repealed: 2017, c.20, s.144
(c)
in the case of any other corporation, to an officer, director, attorney for service or agent, or to the manager or a person who appears to be in control or management of any office or other place where the corporation carries on business in the Province.
101(3)Notwithstanding paragraph (2)(
a), a ticket, a violation ticket and an appearance notice may be served only by delivery to a person personally.
101(4)A notice or a document that is served by mail may be addressed
(a)
where the person to be served is not a corporation, to that person’s last known or usual place of residence or business,
(b)
where the person to be served is a corporation, to the corporation at its chief place of business or office or at any branch of the corporation or at the address of its attorney for service, or
(c)
where the person to be served is the holder of a licence or permit issued under an Act administered by the Minister of Transportation and Infrastructure, to the address on record with the Registrar of Motor Vehicles.
101(5)Subject to subsection (6), where any document mailed in accordance with this section is received by the person to whom it was mailed, the date of receipt shall be deemed, in the absence of evidence to the contrary, to have been
(a)
seven days after the date of mailing if the address to which it is mailed is within the Province, or
(b)
ten days after the date of mailing if the address to which it is mailed is outside the Province.
101(6)Where a document is mailed by certified mail, a post office receipt bearing a signature which purports to be the signature of the person to whom the document was mailed is evidence
(a)
that the document was served on that person, and
(b)
that service was effected on the date indicated on the post office receipt.
101(7)Where a document is served on the counsel or agent of the defendant, the document shall be deemed, in the absence of evidence to the contrary, to have been served on the defendant.
101(8)Where a document is left at a person’s last known or usual place of residence in accordance with paragraph (2)(
a), the document shall be deemed, in the absence of evidence to the contrary, to have been served on that person.
101(9)For the purposes of this Act, a document may be served inside or outside the Province and the consequences and procedures that apply under this Act following service of a document apply wherever service is effected.
101(10)Service of any document, including a summons, may be proved
(a)
by a certificate in prescribed form of the person purporting to have served the document,
(b)
by any other means expressly authorized by this Act, or
(c)
by an affidavit, witness statement or any other means satisfactory to the judge,
and in the absence of evidence to the contrary, the contents of any certificate under paragraph (
a) shall be deemed true.
1990, c.18, s.52; 1991, c.29, s.17; 2005, c.7, s.64; 2010, c.31, s.110; 2017, c.20, s.144; 2017, c.58, s.17