Methods of giving notice
11. (1) Any notice required to be sent to any person under this Act may be given by personal delivery or, in the alternative, may be sent by certified or registered mail, (a) in the case of the assessed owner, to the address of the person as shown on the last returned assessment roll of the municipality; (b) in the case of any person whose interest is registered against the title of the land, to the address of the person furnished under section 166 of the Land Titles Act or section 42 of the Registry Act or where no such address has been furnished, addressed to the solicitor whose name appears on the registered instrument by which that person appears to have an interest; (c) in the case of a person appearing to have an interest in the land by the index of executions with respect to land registered under the Land Titles Act or by the index of writs received by the sheriff in the case of land registered under the Registry Act, to the address of the person or person’s solicitor as shown in the index of executions or in the records of the sheriff for the area in which the land is situate; (d) in the case of a spouse of the person appearing by the records of the land registry office to be the owner of the land, addressed to “the spouse of (name of person)” at the usual or last known address of such spouse or, where that address is not known to the treasurer, at the address of the land; and (e) in the case of the Public Trustee, addressed to the Public Trustee at his or her office in Toronto. R.S.O. 1990, c. M.60, s. 11 (1). Idem (2) Any notice required to be sent under this Act to an assessed tenant in occupation of the land and to his or her spouse may be given to them jointly by personal delivery or by ordinary mail addressed to “the occupant and spouse” at the address of the land. R.S.O. 1990, c. M.60, s. 11 (2). Idem (3) Where there are six or more assessed tenants in occupation of the land, the notice referred to in subsection (2) may be given by placing a placard containing the terms of the notice in a conspicuous place on the land and the placing of the placard shall be deemed to be sufficient service of the notice. R.S.O. 1990, c. M.60, s. 11 (3). Statutory declaration, effect (4) A statutory declaration, (a) registered under subsection 4 (4) or made under clause 9 (2) (c) is proof in the absence of evidence to the contrary that the notices required to be sent were sent to the persons named in the statutory declaration and received by them; (b) registered under subsection 9 (4) is conclusive proof of the matters referred to in clauses 9 (4) (a) to (d). R.S.O. 1990, c. M.60, s. 11 (4). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (4) is repealed by the Statutes of Ontario, 2000, chapter 26, Schedule K, subsection 3 (6) and the following substituted: Statutory declaration, effect (4) A statutory declaration made under subsection 4 (4) or under clause 9 (2) (c) is proof, in the absence of evidence to the contrary, that the notices required to be sent were sent to the persons named in the statutory declaration and received by them. See: 2000, c. 26, Sched. K, ss. 3 (6), 7 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, section 11 is amended by the Statutes of Ontario, 2000, chapter 26, Schedule K, subsection 3 (6) by adding the following subsection: Statement, effect (4.1) A statement made and registered under subsection 9 (4) is conclusive proof of the matters referred to in clauses 9 (4) (a) to (d). See: 2000, c. 26, Sched. K, ss. 3 (6), 7 (2). Receipt of notice (5) Nothing in this Act requires the treasurer to ensure that a notice that is properly sent under this Act is received by the person to whom it was sent. R.S.O. 1990, c. M.60, s. 11 (5).