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Service of Determinations, Demands, Notices and Reports - Act Part 14, Section 122

Last updated on August 27, 2021

Contents:

Summary
Text of Legislation
Policy Interpretation
Former Text of Legislation and Policy Interpretation (prior to August 15, 2021)
Related Information

Summary

This section explains when determinations or demands are considered served, and outlines the requirements necessary to determine they have been served.

Text of Legislation

Note: The amended text of this section applies only to determinations, demands or notices served on or after August 15, 2021.

122 (1) A determination or demand, a notice under section 30.1 (2) or a written report referred to in section 78.1 (1) (a) that is required under this Act to be served on a person is deemed to have been served if it is

(a) sent by ordinary mail or registered mail to the person's last known address according to the records of the director,

(b) transmitted by email to the person's last known email address according to the records of the director,

(c) transmitted by fax to the person's last known fax number according to the records of the director, or

(d) sent, transmitted or delivered by any prescribed method of service.

(2) If service is by ordinary mail or registered mail, then the determination or demand, the notice under section 30.1 (2) or the written report referred to in section 78.1 (1) (a) is deemed to have been served 8 days after it is mailed.

(3) If service is by email or fax, then the determination or demand, the notice under section 30.1 (2) or the written report referred to in section 78.1 (1) (a) is deemed to have been served 3 days after it is transmitted.

Policy Interpretation

For purposes of this Act, there are several acceptable methods for a person to be served, as follows:

  • Service by email, delivered to the last known email address that the Director has on file.
  • Hand Delivery, which is actual delivery to the party to be served. The determination or demand required to be served must be delivered to the person named in the determination, or to the person's representative.
  • Service by registered mail to the person's last known address. Section 29 of the Interpretation Act states that "registered mail" includes certified mail. The majority of the Employment Standards Branch's documents are served by registered mail or certified mail.
  • Service by fax, but only if requested by the person being served. Service is complete when a written acknowledgment of the fax is received from the person served. A fax "activity report" indicating that the fax has been successfully transmitted is not sufficient.

Former Legislation and Policy Interpretation

A transitional provision in section 42 of Bill 8 – 2019: Employment Standards Amendment Act, 2019 provides that determinations, demands, notices and written reports served before the date the changes to this section came into force (August 15, 2021) are subject to the former text of this section, given and interpreted below:

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Text of Legislation and Policy Interpretation prior to August 15, 2021

Text of Legislation

122 (1) A determination or demand or a notice under section 30.1 (2) that is required to be served on a person under this Act is deemed to have been served if

(a) served on the person, or

(b) sent by registered mail to the person's last known address.

(2) If service is by registered mail, the determination or demand or a notice under section 30.1 (2) is deemed to be served 8 days after the determination or demand or the notice under section 30.1 (2) is deposited in a Canada Post Office.

(3) At the request of a person on whom a determination or demand or a notice under section 30.1 (2) is required to be served, the determination or demand or notice under section 30.1 (2) may be transmitted to the person electronically or by fax machine.

(4) A determination or demand or a notice under section 30.1 (2) transmitted under subsection (3) is deemed to have been served when the director receives an acknowledgment of the transmission from the person served.

Policy Interpretation

For purposes of this Act, there are several acceptable methods for a person to be served, as follows:
 

  • Hand Delivery, which is actual delivery to the party to be served. The determination or demand required to be served must be delivered to the person named in the determination, or to the person's representative.
  • Service by registered mail to the person's last known address. Section 29 of the Interpretation Act states that "registered mail" includes certified mail. The majority of the Employment Standards Branch's documents are served by registered mail or certified mail.
  • Service electronically or by fax, but only if requested by the person being served. Service is complete when a written acknowledgment of the fax or electronic transmission is received from the person served. A fax "activity report" indicating that the fax has been successfully transmitted is not sufficient.

 

Transitional provisions connect former legislation and new amendments. Find out more about recent ​transitional provisions and consequential amendments to the Employment Standard Act and Regulation.

Related Information

Related sections of the Act or Regulation

ESA

Other references

Interpretation Act, [RSBC 1996] Chapter 238