O. Reg. 47/15: SERVICE OF DOCUMENTS

Link to law: http://www.ontario.ca/laws/regulation/r15047
Published: 2015-03-06

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ontario regulation 47/15

made under the

Environmental Protection Act

Made: March 4, 2015
Filed: March 6, 2015
Published on e-Laws: March 6, 2015
Printed in The Ontario Gazette: March 21, 2015


Amending O. Reg. 227/07

(SERVICE OF DOCUMENTS)

1. Ontario Regulation 227/07 is amended by adding the following section:

Definitions

0.1 In this Regulation,

“Ministry’s electronic system” means the electronic system that is available on a website maintained by the Ministry on the Internet for a purpose that includes, but is not limited to, the purpose of enabling persons to register an activity in the Registry established under subsection 20.20 (1) of the Act; (“système électronique du ministère”)

“Ministry account” means an account created by a person through the Ministry’s electronic system. (“compte du ministère”).

2. Section 1 of the Regulation is amended by adding the following subsections:

(2) Subject to subsection (3), any document given or served under the Act or the regulations is sufficiently given to or served on a person who is the holder of a Ministry account for the purposes of clause 182 (1) (c) of the Act if it is given or served by the method specified in subsection 2.1 (1) of this Regulation, and the conditions set out in subsection 2.1 (2) of this Regulation are met.

(3) Subsection (2) does not apply in respect of the following documents:

1. A certificate of property use.

2. A notice respecting a decision made under section 20.13 of the Act.

3. A notice respecting a decision made by the Director on his or her own initiative under subsection 47.5 (3) of the Act.

4. A copy of an order made under the Act, unless the order is issued under section 20.18 of the Act on the request of the person to whom the order is issued.

3. The Regulation is amended by adding the following section:

Filing in Ministry account, method of giving or serving documents

2.1 (1) For the purposes of subsection 1 (2), the method of giving a document to or serving a document on a person who is the holder of a Ministry account is filing the document in the person’s Ministry account.

(2) The conditions mentioned in subsection 1 (2) are the following:

1. The Director must file the document in the person’s Ministry account.

2. The Director must send an electronic notification to the person, notifying the person that a document has been filed in the account.

4. (1) Section 5 of the Regulation is amended by adding the following subsection:

(3.1) A document that is given or served under section 2.1 is deemed to be effectively given or served on the later of,

(a) the day on which the Director files the document in the person’s Ministry account; and

(b) the day on which the Director sends the electronic notification to the person who is the holder of the Ministry account, notifying the person that a document has been filed in the account.

(2) Subsection 5 (4) of the Regulation is amended by striking out “subsections (1) and (3)” and substituting “subsections (1), (3) and (3.1)” and by striking out “illness or other causes” and substituting “illness, disability or other causes”.

Commencement

5. This Regulation comes into force on the day it is filed.

 

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