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Emergency Protection Orders Regulations (SOR/2014-266)

Regulations are current to 2024-02-06

Service and Notice (continued)

Notice and Service on Applicant

Marginal note:Notice of service

  •  (1) For the purpose of informing an applicant that the respondent or a person specified in the emergency protection order has been served, a peace officer must speak to the applicant or person acting on the applicant’s behalf in person or by telephone or other means of telecommunication that permits the peace officer and the applicant, or the person acting on the applicant’s behalf, to speak directly to one another.

  • Marginal note:Service in person

    (2) When the information is given in person, the peace officer must at the same time serve the applicant or person acting on the applicant’s behalf with copies of the emergency protection order and caution unless he or she already has copies of those documents.

  • Marginal note:Service using telecommunication

    (3) When the information is given by telecommunication, unless the applicant or the person acting on the applicant’s behalf already has copies of the order and caution, the peace officer must, as soon as feasible, serve paper copies of those documents in person or serve them by a means of telecommunication that produces an exact copy.

  • Marginal note:Duty of person acting for applicant

    (4) When a person acting on an applicant’s behalf is informed that the respondent or specified person has been served, he or she must inform the applicant without delay.

  • Marginal note:Duty of person acting for applicant

    (5) When a person acting on an applicant’s behalf is served with copies of the order and caution, he or she must give them to the applicant without delay.

Notice of Refusal

Marginal note:Notice of refusal

  •  (1) A designated judge who refuses to make an emergency protection order must inform the applicant or person acting on the applicant’s behalf of the refusal without delay, in person or by telephone or other means of telecommunication that permits the judge and the applicant, or the person acting for the applicant, to speak directly to one another.

  • Marginal note:Duty of person acting for applicant

    (2) When a person acting on an applicant’s behalf is informed that an order has been refused, he or she must inform the applicant of the refusal without delay.

Coming into Force

Marginal note:Registration

 These Regulations come into force on the day on which they are registered.

 

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