Emergency Protection Orders Regulations (SOR/2014-266)

Manner of Serving Emergency Protection Order and Caution

Marginal note:Service

• 18 (1) When a peace officer is provided with copies of an emergency protection order and caution, service of the respondent and any person specified in the order must, for the purposes of subsection 16(7) of the Act, be carried out without delay.

• Marginal note:Methods of service

  (2) The peace officer may serve the respondent or specified person

  • (a) in person;

  • (b) by fax or email, if the peace officer receives oral or written confirmation from the respondent or specified person that the order and caution have been received; or

  • (c) by stating the terms of the order and caution to the respondent or specified person by telephone or other means of telecommunication that permits the peace officer and the respondent or specified person to speak directly to one another.

• Marginal note:Follow-up

  (3) However, if the order and caution are served by the method set out in paragraph (2)(c), the peace officer must, as soon as feasible, provide the respondent or specified person with paper copies of the order and caution in person or provide them by a means of telecommunication that produces an exact copy.

Substituted Service

Marginal note:Substituted service order

• 19 (1) For the purposes of subsection 16(7) of the Act, on the application of a peace officer, a court may order substituted service of the respondent or a specified person — on the terms and using the method that it considers appropriate — if it is satisfied that no information ordered to be kept confidential under subsection 5(1) will be disclosed and

  • (a) reasonable efforts have been made to serve the respondent or specified person; or

  • (b) the respondent or specified person is evading service.

• Marginal note:Method of substituted service

  (2) For the purposes of this section, substituted service may be made by giving copies of the emergency protection order and caution to

  • (a) a member of the band council or an elder on the reserve where the respondent or specified person resides who is able to and agrees to give them to the respondent or specified person without delay;

  • (b) an adult (other than the applicant) who resides with the respondent or specified person and who is able to and agrees to give them to the respondent or specified person without delay;

  • (c) an adult (other than the applicant) who knows the respondent or specified person and who is able to and agrees to give them to the respondent or specified person without delay; or

  • (d) an adult at the respondent or specified person’s last known business or employment address (other than the applicant’s business or employment address) who is able to and agrees to give them to the respondent or specified person without delay.

• Marginal note:Application by peace officer

  (3) An application for a substituted service order must describe the attempts of the peace officer to serve the respondent or specified person and set out the grounds of the application.

• Definition of adult

  (4) For the purposes of subsection (2), adult means a person who has reached the age of majority in the province in which the order and caution are served.

Notice and Service on Applicant

Marginal note:Notice of service

• 20 (1) For the purpose of informing an applicant that the respondent or a person specified in the emergency protection order has been served, a peace officer must speak to the applicant or person acting on the applicant’s behalf in person or by telephone or other means of telecommunication that permits the peace officer and the applicant, or the person acting on the applicant’s behalf, to speak directly to one another.

• Marginal note:Service in person

  (2) When the information is given in person, the peace officer must at the same time serve the applicant or person acting on the applicant’s behalf with copies of the emergency protection order and caution unless he or she already has copies of those documents.

• Marginal note:Service using telecommunication

  (3) When the information is given by telecommunication, unless the applicant or the person acting on the applicant’s behalf already has copies of the order and caution, the peace officer must, as soon as feasible, serve paper copies of those documents in person or serve them by a means of telecommunication that produces an exact copy.

• Marginal note:Duty of person acting for applicant

  (4) When a person acting on an applicant’s behalf is informed that the respondent or specified person has been served, he or she must inform the applicant without delay.

• Marginal note:Duty of person acting for applicant

  (5) When a person acting on an applicant’s behalf is served with copies of the order and caution, he or she must give them to the applicant without delay.

Notice of Refusal

Marginal note:Notice of refusal

• 21 (1) A designated judge who refuses to make an emergency protection order must inform the applicant or person acting on the applicant’s behalf of the refusal without delay, in person or by telephone or other means of telecommunication that permits the judge and the applicant, or the person acting for the applicant, to speak directly to one another.

• Marginal note:Duty of person acting for applicant

  (2) When a person acting on an applicant’s behalf is informed that an order has been refused, he or she must inform the applicant of the refusal without delay.

Coming into Force

Marginal note:Registration

22 These Regulations come into force on the day on which they are registered.