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Section 26(3) of the Provincial Offences Act authorizes service of a summons outside Canada.
The appellant, residing in the United States, was charged under the Environmental Protection Act for failing to comply with a remediation order.
A summons was served on him by registered mail pursuant to s. 26(3) of the Provincial Offences Act.
The appellant applied for an order of prohibition, arguing the statute did not authorize service outside Canada.
The Court of Appeal dismissed the appeal, holding that the plain language of s. 26(3) clearly and unambiguously authorizes service of a summons on an individual residing outside Ontario, including outside Canada.
Section 26(3) of the Provincial Offences Act implicitly authorizes service of a summons by registered mail outside of Canada.
The applicant, a resident of the United States, was charged under the Environmental Protection Act with failing to comply with a court order.
A summons was sent to him by registered mail pursuant to s. 26(3) of the Provincial Offences Act.
The applicant brought an application for an order prohibiting the Provincial Offences Court from continuing the proceeding, arguing that s. 26(3) does not expressly authorize service outside of Ontario or Canada.
The court dismissed the application, applying the modern principle of statutory interpretation to find that s. 26(3) implicitly authorizes service of a summons via registered mail upon an individual who resides anywhere outside of Ontario, including outside of Canada.
