O. Reg. 316/23: SERVICE OF DOCUMENTS

Provincial Animal Welfare Services Act, 2019

ONTARIO REGULATION 316/23

SERVICE OF DOCUMENTS

Historical version for the period September 21, 2023 to September 30, 2023.

Note: THIS REGULATION IS NOT YET IN FORCE. It comes into force on October 1, 2023.

No amendments.

This is the English version of a bilingual regulation.

Prescribed methods of service

1. (1) For the purposes of subsection 68 (1) of the Act, the following are prescribed methods of service:

1. Subject to subsection (2), regular mail.

2. If the person to be served is a corporation,

i. leaving the document with an officer, director or agent of the corporation, or

ii. if it is not practicable to leave the document with an individual mentioned in subparagraph i, leaving the document at any place of business of the corporation, with a person who appears to be managing the place.

3. If the person to be served cannot conveniently be found, leaving the document at the person’s last known or usual place of residence with an individual who appears to be at least 18 years of age and a member of the same household as the person.

4. In the case of notice to be served on the owner or custodian of an animal under subsection 31 (5) of the Act because an animal has been removed from a motor vehicle, affixing the notice to the motor vehicle in a conspicuous location at the time of removal.

5. In the case of notice to be served on the owner or custodian of an animal under subsection 31 (5) of the Act because an animal has been removed from a place other than a motor vehicle,

i. leaving the notice in a conspicuous location at the place at the time of removal, and

ii. if the identity and address of the owner or custodian are known, mailing a copy of the notice to the owner or the custodian no later than the day following the removal.

6. If the person to be served has consented in writing to being served through the person’s counsel, serving the document on the person’s counsel by any method set out in subsection 68 (1) of the Act or in paragraph 1 of this section.

(2) Regular mail is not a prescribed method of service for an order under section 30 of the Act.

When service effective

2. (1) Subject to subsection (2), if an order, notice or statement of account is served by a method set out in Column 1 of the Table to this section, the service is effective as described opposite the method in Column 2 of the Table.

(2) In the case of service by regular mail or registered mail, if the effective date of service would be a holiday, service is instead effective on the next day.

(3) For the purposes of subsection (2),

“holiday” means,

(a) any Saturday or Sunday,

(b) New Year’s Day,

(c) Family Day,

(d) Good Friday,

(e) Easter Monday,

(f) Victoria Day,

(g) Canada Day,

(h) Civic Holiday,

(i) Labour Day,

(j) Thanksgiving Day,

(k) Remembrance Day,

(l) Christmas Day,

(m) Boxing Day, and

(n) any special holiday proclaimed by the Governor General or the Lieutenant Governor.

TABLE

Item	Column 1 Method of service	Column 2 When effective
1.	Registered mail	On the fourth day after it was mailed.
2.	Regular mail	On the seventh day after it was mailed.
3.	Courier	On the day after the day the courier picks it up, in the case of same-day courier service. On the second day after the day the courier picks it up, in the case of next-day courier service.
4.	Fax or electronic mail	On the day shown on the first page of the fax or in the email message, as the case may be.
5.	Method described in paragraph 2 or 3 of subsection 1 (1)	On the day the document is left with the person.
6.	Method described in paragraph 4 of subsection 1 (1)	On the day the notice is affixed to the motor vehicle.
7.	Method described in paragraph 5 of subsection 1 (1)	1. If no copy of the notice is mailed because the identity or address of the owner or custodian is unknown, on the seventh day after the notice was left in a conspicuous location at the place from which the animal was removed. 2. If a copy of the notice is mailed by registered mail, on the fourth day after it was mailed. 3. If a copy of the notice is mailed by regular mail, on the seventh day after it was mailed.

 

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