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Marine Transportation Security Regulations

Version of section 701 from 2007-11-02 to 2014-06-18:

  •  (1) This section applies to the following documents:

    • (a) a notice of violation referred to in paragraph 33(1)(b) of the Act;

    • (b) a notice of compliance referred to in section 35 of the Act; and

    • (c) a notice of default referred to in subsection 36(1) of the Act.

  • (2) A document may be served on an individual by

    • (a) giving a copy to the individual;

    • (b) giving a copy to 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

    • (c) sending a copy by registered mail or courier to the last known address or usual place of residence of the individual or by facsimile transmission to the last facsimile number provided.

  • (3) A document may be served on a person other than an individual by

    • (a) giving a copy to one of the person’s officers or agents at the person’s head office or place of business; or

    • (b) sending a copy by registered mail or courier to the head office or place of business of the person or their agent or by facsimile transmission to the last facsimile number provided.

  • (4) A document that is served by facsimile transmission shall include a cover page setting out

    • (a) the name and address and telephone and facsimile numbers of the sender;

    • (b) the date and time of transmission;

    • (c) the total number of pages transmitted, including the cover page; and

    • (d) the name and telephone number of a person to contact in the event of transmission problems, if they differ from those provided for the sender.

  • (5) A document that is served by

    • (a) registered mail is deemed to have been served on the fourth day after the day on which it was sent; and

    • (b) facsimile transmission is deemed to have been served on the day after the day on which it was sent.

  • (6) Proof of service of a document may be made by showing

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

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

  • SOR/2006-270, s. 9
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