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.
