OHS Regulation

Published Date: October 01, 2013
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Part 1 General

Section 11.1 Service of orders and administrative penalty notices

(1) In this section,

(a) “addressee” means the person referred to in section 44(1.1) of the Act;

(b) “document” means the notice or order referred to in section 44(1.1) of the Act;

(c) “receipt” means the standard instrument or electronic signature pad device that is in normal use in the service deliverer’s business, a signature on which indicates a person’s acceptance of recorded mail handled by that service deliverer;

(d) “service deliverer” means the entity that provides the mail or courier service referred to in section 44(1) of the Act.

(2) For the purposes of applying section 44(1) of the Act, the written acknowledgment of the document must include the signature on the applicable receipt of the addressee or another individual present at the addressee’s address.

(3) The electronic method referred to in section 44(1.1)(c) of the Act consists of transmission by facsimile machine to the addressee’s facsimile number or by e-mail to the addressee’s e-mail address.

(4) For the purposes of this section, service of a document is presumed to be effected,

(a) if the document is sent by recorded mail, on the date the receipt is signed in accordance with this section, unless the contrary is proved, or

(b) if the document is transmitted by facsimile machine or e-mail, when it is transmitted, unless it is proved that the facsimile or e-mail containing the document was not received at the addressee’s facsimile number or e-mail address, as the case may be.

(5) This section does not apply to documents served in court proceedings.