Agriculture, Food and Rural Affairs Appeal Tribunal (Tribunal)
Rule 7 - Service of Notices and Documents
Method of service
7.01 Service may be effected by delivering the notice or document,
- by personal service;
- by prepaid regular, certified or registered mail addressed to the person's last known address;
- by courier addressed to the person's last known address;
- by facsimile transmission to the person's last known facsimile number but only if the notice or document, inclusive of the cover sheet, does not exceed 16 pages or, if longer, the recipient consents; or
- by electronic mail transmission to an address identified by the recipient, but only if the notice or document, inclusive of the cover sheet, does not exceed 16 pages or, if longer, the recipient consents; or
- by any other means authorized or permitted by the Tribunal.
Effective date of service
7.02 Service is deemed to be effective,
- on the fifth day after the notice or document is mailed using the regular, certified or registered mail services of Canada Post Corporation;
- on the day of transmission if sent by facsimile transmission before 4:00 p.m. or the day after transmission if sent by facsimile transmission after 4:00 p.m.; or
- on the third day which is not a holiday or a Staurday or a Sunday following the day on which the notice or document was given to a courier service for delivery: or
- on the day personal service is made.
Service after 4:00 p.m.
7.03 A notice or other document which is delivered to the person to whom it is addressed after 4:00 p.m. or on a statutory holiday or a Saturday or a Sunday shall be deemed to have been served on the next day which is not a statutory holiday or a Saturday or a Sunday.
Affidavit proving service of notice
7.04 Where the Tribunal has directed a party to an appeal to give notice in accordance with Rule 6.02 an affidavit proving the giving of notice shall be filed with the Tribunal at the commencement of the hearing.
Proof that service not made
7.05 person shall be deemed to have been served with a notice or document delivered in accordance with this rule unless that person establishes to the satisfaction of the Tribunal that the notice or document was not received until a later date or was never received due to absence, accident, illness or other cause beyond the control of that person.
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