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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.
Party status granted to potential orderees in an appeal of an environmental remediation order.
The Tribunal held a preliminary hearing by telephone conference call regarding appeals of a Director's Order related to a spill of environmental contaminants.
Several entities requested party status.
Finding that the entities were named in a Notice of Allegation and could be directly affected by the outcome of the appeal, the Tribunal granted party status to Amercoat Canada, Rubyco Ltd., and Danroh Inc. The preliminary hearing was adjourned to allow for the completion of work required under interim amendments to the Director's Order.
Party and participant status granted to multiple entities in environmental spill appeal.
At a preliminary hearing regarding an appeal of a Director's Order related to an environmental spill, several individuals and entities sought party and participant status.
The Tribunal granted party status to several potential orderees and individuals named in the order, finding their interests could be directly and substantially affected.
The Regional Municipality of Niagara was granted participant status due to its genuine interest as an adjacent property owner.
The preliminary hearing was adjourned to allow ongoing remediation work to proceed.
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.
