OHS Act

Published Date: October 01, 2013
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Section 44 Service of orders

(1) In this section, “recorded mail” means a form of document delivery by mail or courier in which receipt of the document must be acknowledged in writing as specified in the regulations

(1.1) Where a notice of administrative penalty is given to a person or where an order that may be given to a person under this Act, the regulations or the adopted code is required to be in writing, the notice of administrative penalty or order shall be served on the person

(a) by personal service,

(b) by recorded mail,

(c) in accordance with the regulations, by an electronic method, or

(d) as directed by the Court of Queen’s Bench on application.

(1.2) Notwithstanding subsection (1.1), where a person required to be served under that subsection is an employer involved in work at a work site, the notice of administrative penalty or order is deemed to have been served on the employer if it is served personally on an individual present at the work site who has apparent authority in respect of the work of that employer at the work site.

(2) An application under subsection (1.1)(d) may be made ex parte if the Court considers it proper to do so.

(3) When an order is made orally under section 10(1)(a) or (b), that order is deemed to have been served on the person to whom it is made at the time that the oral order is made to that person.