Environmental Protection Review Canada
Symbol of the Government of Canada

Service of documents

A. Methods of Giving Notice

[1] A document may be served in one of the following ways:

  1. by personal delivery;
  2. by regular, certified, or registered mail;
  3. by courier;
  4. by fax, but only if the document, including any cover sheet, does not exceed twenty pages, or where longer, if the receiving party consents.
  5. 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;
  6. by any other method that the Chief Review Officer or the presiding Review Officer may direct.

[2] A document sent by fax shall include a cover page indicating:

  1. the sender's name, address, phone number, and fax number;
  2. the case file number;
  3. the name and fax number of the person to whom the fax is addressed;
  4. the date and time the fax is transmitted;
  5. the total number of pages transmitted, including the cover page; and
  6. the name and telephone number of a person to contact in the event a problem arises with the transmission.

[3] 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.

B. Proof of Service

Proof of service can be demonstrated by filing an affidavit of service or a signed statement that service has been effected.

C. When Service of a Document is Effective

[1] Service of a document will be considered to be effective when delivered:

  1. by personal delivery before 4 pm, on the day of delivery; after that time, on the next day;
  2. by registered, certified or regular mail, on receipt or on the fifth day after the date of mailing, whichever is sooner;
  3. 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;
  4. by fax, if received before 4 pm, on the same day as transmission; after that time, on the next day;
  5. 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.

[2] 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.