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Environmental Protection Review Canada
Practice Directives
Service of documents
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Methods of Giving Notice
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A document may be served in one of the following ways:
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by personal delivery;
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by regular, certified, or registered mail;
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by courier;
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by fax, but only if the document, including any cover
sheet, does not exceed twenty pages, or where longer,
if the receiving party consents.
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by email, with hard copy to follow within two days or
such longer period as the Chief Review Officer or the
presiding Review Officer may order, unless the
recipient waives this provision;
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by any other method that the Chief Review Officer or
the presiding Review Officer may direct.
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A document sent by fax shall include a cover page indicating:
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the sender's name, address, phone number, and fax
number;
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the case file number;
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the name and fax number of the person to whom the fax
is addressed;
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the date and time the fax is transmitted;
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the total number of pages transmitted, including the
cover page; and
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the name and telephone number of a person to contact
in the event a problem arises with the transmission.
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If the party has a representative for the purpose of the
review, the document shall be sent to the representative
rather than the party, unless the Chief Review Officer or
the presiding Review Officer directs otherwise.
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Proof of Service
Proof of service can be demonstrated by filing an affidavit of
service or a signed statement that service has been effected.
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When Service of a Document is Effective
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Service of a document will be considered to be effective when
delivered:
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by personal delivery before 4 pm, on the day of
delivery; after that time, on the next day;
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by registered, certified or regular mail, on receipt or
on the fifth day after the date of mailing, whichever
is sooner;
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by courier, including Priority Post, on receipt or on
the second day after the document is given to the
courier by the party sending the document, whichever is
sooner;
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by fax, if received before 4 pm, on the same day as
transmission; after that time, on the next day;
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if delivered by any other means as directed by the
Chief Review Officer or the presiding Review
Officer, within the time frames specified by the
Chief Review Officer or the presiding Review Office.
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If a person on whom a document is being served or provided
establishes that he or she did not, acting in good faith,
through accident, absence, illness or other cause beyond his
or her own control receive the document until a later date,
the Chief Review Officer or the presiding Review Officer may
deem service or provision of the document to be effective at
a later date or may extend the time for service or provision
of the document.
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