Bill 8 — Second Session, 19Th Legislature, 29 Elizabeth Ii the Legislative Assembly of Alberta Bill 8 the Service of Documents During Postal Interruptions Act (Legislature 19, Session 2)

L19 S2 4047

Alberta — Bills

1980 BILL 8 Second Session, 19th Legislature, 29 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 8 THE SERVICE OF DOCUMENTS DURING POSTAL INTERRUPTIONS ACT MR. KUSHNER First Reading Second Reading Committee of the Whole Third Reading Royal Assent Printed by the Queen's Printer for the Province of Alberta, EDMONTON Title: 1980 (19th, 2nd) Bill 8, The Service of Documents During Postal Interruptions Act

Bill 8 Mr. Kushner BILL 8 1980 THE SERVICE OF DOCUMENTS DURING POSTAL INTERRUPTIONS ACT (Assented to , 1980) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1 In this Act, (a) “authorizing instrument” means (

i) a law, contract or instrument that requires, provides for or permits service by mail, and (ii) if the common law requires or permits service by mail, the common law; (b) “Court” means the Court of Queen’s Bench of Alberta; (c) “postal interruption” means a cessation of normal publ ic postal service in Canada or in any part of Canada that is or may reasonably be expected to be of more than 48 hours’ duration; (d) “service by mail” means service by ordinary mail, regi stered mail, double registered mail, certified mail and any other form of delivery by a public postal service. 2(1) This Act applies if (

a) an authorizing instrument provides for, requires or permits service by mail, (

b) the authorizing instrument does not require an alterna tive mode of service during a postal interruption, and 1

Explanatory Notes GENERAL This Bill is based on the recommendations contained in report 34 issued by the Institute of Law Research and Reform and entitled “Service of Documents During Postal Interruptions". 1

Definitions. 2 Application of Act. 1

(

c) a postal interruption causes or may reasonably be expected to cause delay in the service by mail.

(2) Subject to

section 3(2), this Act applies to the acceptance of an offer by service by mail. 3(1) Notwithstanding anything contained in the authorizing instrument, if service by mail is attempted (

a) during a postal interruption, (

b) during the 5 days preceding the day upon which a postal interruption commences, or (

c) during the 5 days following the day upon which the postal interruption terminates, that service is effective only upon actual receipt of the thing to be served.

(2) This

section does not apply to the acceptance of an offer by service by mail. 4 The service by mail required, provided for or permitted in an authorizing instrument may, notwithstanding the provisions of the authorizing instrument, be effected by (

a) the alternative mode of service provided for or per mitted in the authorizing instrument, (

b) personal service, (

c) delivery to an address for service given by the person to be served, (

d) delivery to the registered office of a company or a society, (

e) delivery to or to the office of the attorney of an extra-provincial company, or (

f) a mode of service directed by the Court under

section 5. 5(1) The Court may, notwithstanding the provisions of an authorizing instrument but before the expiration of the period of time for service of any thing prescribed in the authorizing instrument, (

a) give directions for a mode of service not specified in

section 4(

b) to (e), 2

3 Effective service by mail. 4 Alternative forms of service. 5 Application to Court. 2

(

b) if the authorizing instrument is not a contract, substi tute a new time requirement or limitation period in place of that provided by the authorizing instrument, and (

c) impose terms and conditions on the mode of service, time requirement or limitation period.

(2) An application under subsection (1) may be made ex parte.

(3) A copy of the order shall be served with the thing to be served.

(4) The Provincial Court may exercise the powers of the Court under this

section in respect of a notice or document filed in or authorized by the Provincial Court. 6 This Act operates notwithstanding

section 18(4) of The

Interpretation Act. 7 This Act comes into force on the day upon which it is assented to. 3

6 Act operates notwithstanding The

Interpretation Act. 3 Title: 1980 (19th, 2nd) Bill 8, The Service of Documents During Postal Interruptions Act

Document details

Collection	Alberta — Bills
Citation	L19 S2 4047
Type	bill
Volume / chapter	L19 S2 4047
Language	en
Format	json
Source	PROVINCIAL
Identifier	6e0afce20b8ce5f10b8f887c3e48af09ce253ac6

Source file is stored in the law ingest library (json).