Administrative Monetary Penalties and Notices (CSA 2001) Regulations

3 (1) This section applies in respect of the following documents:

• (a) a notice of violation referred to in paragraph 229(1)(b) of the Act;

• (b) a notice of compliance referred to in section 231 of the Act; and

• (c) a notice of default referred to in subsection 231.1(1) of the Act.

(2) A document may be served on an individual

• (a) personally, by leaving a copy of it

  • (i) with the individual, or

  • (ii) if the individual cannot conveniently be found, with someone who appears to be an adult member of the same household at the last known address or usual place of residence of the individual; or

• (b) by sending a copy of it by registered mail, courier, fax or other electronic means to the last known address or usual place of residence of the individual.

(3) A document may be served on a corporation by

• (a) sending a copy of it by fax, registered mail or courier to the head office or place of business of the corporation or to the corporation’s agent or mandatary;

• (b) leaving a copy of it at the corporation’s head office or place of business with an officer or other individual who appears to be in control of or to manage the head office or place of business or with the corporation’s agent or mandatary; or

• (c) sending a copy of it by electronic means, other than fax, to an individual referred to in paragraph (b).

(4) A document may be served on a vessel by

• (a) delivering a copy of it personally to the master or any other person who is, or appears to be, in charge of the vessel;

• (b) fixing a copy of it to a prominent part of the vessel;

• (c) if the vessel’s authorized representative is an individual, sending a copy of it by fax, registered mail or courier to the authorized representative; or

• (d) if the vessel’s authorized representative is a corporation,

  • (i) sending a copy of it by fax, registered mail or courier to the authorized representative’s head office or place of business,

  • (ii) leaving a copy of it at the authorized representative’s head office or place of business with an officer or other individual who appears to be in control of or to manage the head office or place of business or with the authorized representative’s agent or mandatary, or

  • (iii) sending a copy of it by electronic means, other than fax, to an individual referred to in subparagraph (ii).

(5) A document that is served by registered mail is deemed to be served on the fourth day after the day on which it was mailed.

(6) The following means are sufficient to prove service of a document:

• (a) in the case of a document transmitted by fax, a proof of transmission produced by the fax machine that sets out the date and time of transmission; or

• (b) in any other case, an acknowledgment of service signed by or on behalf of the person served, specifying the date and place of service.