Hometime

Hometime · Alberta legislation

CPA Condominium Property Act

CPA · Arbitration Act

52 Service of notice

Current to 2023-04-01 · Official PDF

(1) A notice or other document may be served on an individual
by leaving it with that individual.
(2) A notice or other document may be served on a corporation by
leaving it with an officer, director or agent of the corporation, or at
a place of business of the corporation with a person who appears to
be in control or management of the place.
(3) A notice or other document may be served by facsimile
telecommunication by sending it to the addressee at the number
that the addressee specified in the arbitration agreement or
furnished to the arbitral tribunal.
(4) If a reasonable effort to serve a notice or other document under
subsection (1) or (2) is not successful and it is not possible to serve
it under subsection (3), it may be sent by prepaid registered mail to
the mailing address that the addressee specified in the arbitration
agreement or furnished to the arbitral tribunal or, if none was
specified or furnished, to the addressee's last known place of
business or residence.
(5) Unless the addressee establishes that the addressee, acting in
good faith, through absence, illness or other cause beyond the
addressee's control failed to receive the notice or other document
until a later date, it is deemed to have been received,
(a) on the day it is given or tr ansmitted, in the case of service
under subsection (1), (2) or (3), or
(b) on the 5th day after the da y of mailing, in the case of service
under subsection (4).
(6) The court may make an order for substitutional service or an
order dispensing with service in the same manner as under the
Alberta Rules of Court if the court is satisfied that it is necessary to
serve the notice or other document to commence an arbitration or
proceed toward the appointment of an arbitral tribunal and that it is
impractical for any reason to effect prompt service under
subsection (1), (2), (3) or (4).
RSA 2000

(7) This section does not apply to the service of documents in
respect of court proceedings.
RSA 2000 cA-43 s52;2009 c53 s24