122 (1) The provisions of this section apply, subject to any rules made under subsection 110 (17) or (18). 2018, c. 14, Sched. 2, s. 16 (1). Notice (1.1) For the purposes of this Act, and any proceedings taken under it, any notice or communication may be sent, (a) by mail; (b) by courier; (c) by fax; (d) by email; or (e) by any other method that may be prescribed. 2018, c. 14, Sched. 2, s. 16 (1). Presumed receipt of mail (1.2) For the purposes of this Act and of any proceedings taken under it, any notice or communication sent by mail shall be presumed, unless the contrary is proved, to have been received by the addressee in the ordinary course of mail. 2018, c. 14, Sched. 2, s. 16 (1). Same (1.3) For the purposes of this Act and of any proceedings taken under it, any notice or communication sent by the Minister, the Board or the Director of Dispute Resolution Services by a method mentioned in subsection (1.1) shall be presumed, unless the contrary is proved, to have been received by the addressee. 2018, c. 14, Sched. 2, s. 16 (1). Time of release (2) A decision, determination, report, interim order, order, direction, declaration or ruling of the Board, a notice that the Minister does not consider it advisable to appoint a conciliation board, a notice from the Minister of a report of a conciliation board or of a mediator, or a decision of an arbitrator or of an arbitration board, shall be deemed to be released on the day it is sent. 2018, c. 14, Sched. 2, s. 16 (1). Failure to receive documents a defence (3) Proof by a person, employers’ organization, trade union or council of trade unions of failure to receive a determination under section 96 or an interim order or direction under section 99 or a direction of the Board under section 100, 101 or 144, or a decision of an arbitrator or of an arbitration board including a decision under section 103 sent to the person, employers’ organization, trade union or council of trade unions at his, her or its last-known address is a defence by the person, employers’ organization, trade union or council of trade unions to an application for consent to institute a prosecution or to enforce as an order of the Superior Court of Justice the determination, interim order, direction or decision.  1995, c. 1, Sched. A, s. 122 (3); 2000, c. 38, s. 20; 2018, c. 14, Sched. 2, s. 16 (2). Second notice of desire to bargain (4) Where a notice has been given under section 59 and the addressee claims that he, she or it has not received the notice, the person, employers’ organization, trade union or council of trade unions that gave the notice may give a second notice to the addressee forthwith after he, she or it ascertains that the first notice had not been received, but in no case may the second notice be given more than three months after the day on which the first notice was sent, and the second notice has the same force and effect for the purposes of this Act as the first notice would have had if it had been received by the addressee.  1995, c. 1, Sched. A, s. 122 (4); 2018, c. 14, Sched. 2, s. 16 (3). Section Amendments with date in force (d/m/y) 2000, c. 38, s. 20
- 30/12/2000 2018, c. 14, Sched. 2, s. 16 (1-3) - 21/11/2018