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Provincial Offences Act

ONTARIO REGULATION 475/21

SERVICE OF SUMMONS

Consolidation Period: From June 16, 2021 to the e-Laws currency date.

No amendments.

This is the English version of a bilingual regulation.

Additional methods of service

1. In addition to service in accordance with clause 26 (2) (a) of the Act, a provincial offences officer may serve a summons in a manner specified in this Regulation.

Registered mail

2. (1) A summons may be served by sending it by registered mail to the last known or usual place of residence of the person to whom it is directed.

(2) A summons served by registered mail in accordance with subsection (1) is deemed to have been duly served seven days after the day of mailing.

Courier

3. (1) A summons may be served by sending it by courier to the last known or usual place of residence of the person to whom it is directed.

(2) A summons served by courier in accordance with subsection (1) is deemed to have been duly served seven days after the day the courier received it.

Email

4. (1) Subject to subsection (2), a summons may be served by sending it by email to an email address that the person to whom the summons is directed has provided for the purpose of receiving electronic documents or at which the person is known to receive email communications.

(2) Service by email under subsection (1) is effective only if the person provides a written response to the email.

(3) A summons served by email in accordance with subsections (1) and (2) is deemed to have been duly served on the day the person provides the written response.

(4) The following do not constitute a written response by a person to an email for the purposes of subsection (2):

1.  A response that the person cannot access the summons.

2.  An automatically generated response.

To a representative

5. (1) Subject to subsection (2), a summons may be served by providing it to the representative of the person to whom it is directed,

(a)  by delivering it personally to the representative or leaving it with a person at the representative’s place of business;

(b)  by registered mail or courier to the representative’s place of business; or

(c)  by email to the representative’s email address for business.

(2) Service in accordance with subsection (1) is effective only if the representative,

(a)  is a licensee under the Law Society Act;

(b)  has given prior written or oral consent to receiving the summons on the person’s behalf; and

(c)  in the case of service by email, provides a written response to the email and, for the purpose, subsection 4 (4) applies with necessary modifications.

(3) A summons served in accordance with clause (1) (b) or (c) and subsection (2) is deemed to have been duly served,

(a)  in the case of registered mail, seven days after the day of mailing;

(b)  in the case of courier, seven days after the day the courier received it; and

(c)  in the case of email, on the day the representative provides the written response.

6. Omitted (provides for coming into force of provisions of this Regulation).

 

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