Environmental Violations Administrative Monetary Penalties Regulations — 9
Manner of service 9 (1) A notice of violation referred to in section 10 of the Act is to be served (a) in the case of an individual, (i) by leaving a copy of it with the individual at any place or with someone who appears to be an adult member of the same household at the individual’s last known address or usual place of residence or, in the case of an individual under the age of 18, with a parent or other person having custody of them or exercising parental authority over them, or (ii) by sending a copy of it by registered mail, courier, fax or other electronic means to the recipient’s last known address or usual place of residence; (b) in the case of a person other than an individual, (i) by leaving a copy of it with their authorized representative or with an officer or other individual who appears to direct or control the person’s head office or place of business or that of their authorized representative, (ii) by sending a copy of it by registered mail, courier or fax to the person’s authorized representative or to the person’s head office or place of business or that of their authorized representative, or (iii) by sending a copy of it by electronic means to an individual referred to in subparagraph (i); and (c) in the case of a ship or vessel, (i) by delivering a copy of it personally to the master or another individual who is, or appears to be, in charge of the ship or vessel, (ii) by affixing a copy of it to the ship or vessel in a manner than ensures that it is prominently in view, (iii) by leaving a copy of it with the authorized representative of the owner or operator of the ship or vessel or with an officer or other individual who appears to direct or control the owner, operator or authorized representative’s head office or place of business, (iv) by sending a copy of it by registered mail, courier or fax to the owner or operator of the ship or vessel, or to the authorized representative, head office or place of business of that owner or operator, or (v) by sending a copy of it by electronic means to an individual referred to in subparagraph (i), (iii) or (iv). Proof of service (2) Service may be proven by (a) an acknowledgement of service signed by or on behalf of the person or ship or vessel served, specifying the date and location of service; (b) a certificate of service, in a form approved by the Minister and signed by the person who effected the service, stating that service was made on the person or ship or vessel named in the certificate and indicating the means by which and day on which service was effected; or (c) a record of electronic transmission setting out the date and time of transmission. Date service effective (3) In the absence of an acknowledgement of service or a certificate of service, service is considered effective, (a) in the case of service by registered mail or courier, on the 10th day after the day on which the notice is sent, as indicated on the receipt issued by the postal or courier service; or (b) in the case of service by fax or other electronic means, on the day on which it is sent, as indicated on the record of transmission.