Acts and Regulations

2020, c.8 - Building Code Administration Act

Section 18
Disposition versions

Full text
Proof of service
18(1)Proof of the service of an order or demand in any manner provided for in section 17 may be by a certificate or an affidavit purporting to be signed by the building inspector or the carrier who effects service under paragraph 17(1)(d), naming the person to whom the order or demand was given and specifying the time, place and manner in which the order or demand was given.
18(2)A document purporting to be a certificate under subsection (1) shall be
(a) admissible in evidence without proof of signature, and
(b) conclusive proof that the person named in the certificate is aware of the matters referred to in the certificate.
18(3)In any prosecution for a contravention of this Act or the regulations where proof of the service is made as set out in subsection (1), the burden of proving that one is not the person named in the certificate or affidavit shall be on the person charged.
18(4)An order or demand that has been served in accordance with section 17 and purports to be signed by the building inspector shall be
(a) received in evidence by any court of competent jurisdiction without proof of the signature,
(b) proof in the absence of evidence to the contrary of the facts stated in the order or demand, and
(c) in a prosecution for a contravention of this Act or the regulations, proof in the absence of evidence to the contrary that the person named in the order or demand is the owner.
Proof of service
18(1)Proof of the service of an order or demand in any manner provided for in section 17 may be by a certificate or an affidavit purporting to be signed by the building inspector or the carrier who effects service under paragraph 17(1)(d), naming the person to whom the order or demand was given and specifying the time, place and manner in which the order or demand was given.
18(2)A document purporting to be a certificate under subsection (1) shall be
(a) admissible in evidence without proof of signature, and
(b) conclusive proof that the person named in the certificate is aware of the matters referred to in the certificate.
18(3)In any prosecution for a contravention of this Act or the regulations where proof of the service is made as set out in subsection (1), the burden of proving that one is not the person named in the certificate or affidavit shall be on the person charged.
18(4)An order or demand that has been served in accordance with section 17 and purports to be signed by the building inspector shall be
(a) received in evidence by any court of competent jurisdiction without proof of the signature,
(b) proof in the absence of evidence to the contrary of the facts stated in the order or demand, and
(c) in a prosecution for a contravention of this Act or the regulations, proof in the absence of evidence to the contrary that the person named in the order or demand is the owner.