9. (1) Where a document is required under these Rules to be served personally, the service shall be made
(a) on an individual, by leaving a copy of the document with the individual or the individual’s authorized representative or, if there is no such representative, with any other person who appears to be an adult occupant of the place of service and who agrees to accept service;
(b) in the case of a partnership or other non-incorporated association of persons, by leaving a copy of the document with a person whom the partnership or association has designated to the Commission as its representative for the matter in question or, if there is no such person, with any other person who appears to manage or be in control of a place of business operated by the partnership or association and who agrees to accept service; and
(c) on a corporation, by leaving a copy of the document with an officer, director or agent of the corporation, any employee of the corporation who is at a place of business of the corporation and who is responsible for the management of the place of business or, if there is no such person, with any other person at a place of business of the corporation who appears to manage or be in control of the place of business and who agrees to accept service.
(2) A document that is served by ordinary or registered mail shall be served at the address where mail is ordinarily received, as found on the most recent document filed with the Commission.
(3) The date of service of a document is
(a) where the document is served personally, the date of delivery;
(b) where the document is served by ordinary mail, the date that is 10 days after mailing unless there is information that shows that the date is other than 10 days after mailing, in which case the date of service is the date so shown; and
(c) where the document is served by electronic transmission, the date of receipt that appears on the facsimile or electronic version of the document as processed by the recipient's facsimile or computer.
(4) Where these Rules require a document to be served, the Commission or designated officer, as the case may be, may, in the interests of a fair, informal and expeditious consideration of the matter, require proof of service to be filed with the Commission or designated officer.
(5) Proof of service of any document may be made by showing
(a) an acknowledgment of service signed by or on behalf of the person served; or
(b) an affidavit of service stating the name of the person who served the document and the date, place and manner of service.
- SOR/2007-208, s. 27.
10. Information that is not given in accordance with these Rules is considered to have been properly given where it is shown that the information or its substance came, within the required time limit, to the attention of the person to whom it was to be given.
11. (1) Subject to subrule (2), all documents given to the Commission or a designated officer must be in at least one official language.
(2) A person may give a document in a language other than an official language if, at the same time, the person gives a translation of the document in at least one official language, and an affidavit of the translator attesting to the accuracy of the translation.
(3) Where the original of a document referred to in subrule (2) is required to be served, the translation and affidavit must also be served, and at the same time as the service of the original document.
- Date modified: