National Defence Act

Marginal note:Period for and method of service

• 227.08 (1) The notice shall be personally served within one year after the day on which section 227.07 comes into force.

• Marginal note:Exception

  (2) If a person is unlawfully at large or is in breach of any terms of their sentence or their discharge or release under Division 7 of this Part, or of any conditions set under this Part, that relate to residence, the notice may be served by registered mail at their last known address.

• Marginal note:Proof of service

  (3) An affidavit of the person who served the notice, sworn before a commissioner or other person authorized to take affidavits, is evidence of the service and the notice if it sets out that

  • (a) the person who served the notice has charge of the appropriate records and has knowledge of the facts in the particular case;

  • (b) the notice was personally served on, or mailed to, the person to whom it was directed on a named day; and

  • (c) the person who served the notice identifies a true copy of the notice as an exhibit attached to the affidavit.

• Marginal note:Requirements relating to notice

  (4) The person who served the notice shall send a copy of the affidavit and the notice to the Provost Marshal without delay.