Review of Provincial and Territorial Domestic Violence Legislation and Implementation Strategies

PART II. A COMPARISON OF KEY CLAUSES OF DOMESTIC VIOLENCE ACTS AND REGULATIONS

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Table 1. A Comparison of Key Clauses of Domestic Violence Acts and Regulations (cont'd)
Item Compared Jurisdiction
Saskatchewan PEI Yukon Alberta Manitoba
17. Serving Documents[1] Reg 12 (1) The justice shall direct a peace officer to personally serve Part 2 of the emergency intervention order on the respondent as soon as is reasonably possible. (2) The justice shall arrange for Part 3 of the order to be provided to the victim. (3) Except where a peace officer completes Parts 2 to 4 of the order pursuant to subclause 11(b)(ii), a justice shall provide a peace officer with Parts 2 and 4, and Part 3 if necessary, by: (a) forwarding those Parts to a peace officer personally, by courier delivery or by ordinary mail; (b) transmitting those Parts to a peace officer by telecommunication that produces a written record; or (c) directing a peace officer to complete those Parts with the same information and provisions that are contained in Part 1 of the order completed by the justice. (4) An order completed by a peace officer pursuant to this section or section 11 has the same effect as the order completed by the justice. 13(1) Where it is impractical for any reason for a peace officer to personally serve a respondent with an emergency intervention order, a peace officer may apply to a justice, in person or by telecommunication, for an order that authorizes substitutional service of the emergency intervention order. (2) An application for substitutional service is to be supported by evidence setting out why personal service is impractical and proposing a method of service that is likely to bring notice of the order to the respondent. (3) In making an order that authorizes substitutional service of an emergency intervention order, the justice shall direct, on any terms that the justice considers appropriate, any of the following methods of substitutional service that the justice is satisfied is likely to bring notice of the order to the respondent: (a) serving a member of the respondent’s family or another person who is able to bring the order to the respondent’s attention; (b) serving a person with whom the respondent is residing or leaving the order at the place where the respondent is residing; (c) posting the order in a public place; (d) publishing the order in a newspaper; (e) any other method the justice considers appropriate. (4) The justice shall forward the order for substitutional service and his or her notes of the evidence supporting the order to the court at the judicial centre mentioned in section 16. (5) Service of an emergency intervention order in accordance with the terms of the order for substitutional service is deemed to be personal service on the respondent. 14 Where an emergency intervention order is varied or terminated pursuant to subsection 5(9) of the Act, unless the victim or respondent is present in court, the order is to be served: (a) on the victim personally and on the respondent personally by a peace officer; or (b) if it is impractical for any reason to serve either or both of the parties personally, in any other manner ordered by the court. 17 For the purposes of section 4 of the Act, notice of a victim’s assistance order or an order made pursuant to subsection 6(1) of the Act may be given to the respondent: (a) in any manner permitted by the Queen’s Bench Rules of Court; or (b) by oral notice by the judge if the respondent is present in the court. 18(1) Service of a document may be proved: (a) by the oral testimony or affidavit of the person who served it; or (b) in the case of the service of an emergency intervention order, by filing a copy of Part 4 of the order with the certificate of service completed by the peace officer serving the order. (2) A peace officer who serves an emergency intervention order on a respondent shall: (a) retain Part 4 of the order with the completed certificate of service; and (b) forward a copy of Part 4 of the order with the completed certificate of service to the court at the judicial centre designated by the justice as soon as is practicable after service: (i) by personal delivery; (ii) by ordinary mail; (iii) by courier delivery; or (iv) by telecommunication that produces a written record. Reg 12 (1) The justice of the peace shall direct a peace officer to personally serve Part 2 of the emergency protection order on the respondent as soon as is reasonably possible. (2) The justice of the peace shall arrange for Part 3 of the order to be provided to the victim. (EC558/96).13(1) Where it is impractical for any reason for a peace officer to personally serve a respondent with an emergency protection order, a peace officer may effect substituted service of an emergency protection order. (2) Substituted service may be made by serving a person who appears to be an adult who (a) resides with the respondent; (b) is a member of the respondent’s family; or (c) is able to bring the order to the respondent’s attention. (EC558/96).14(1) Pursuant to subsection 5(3) of the Act, a peace officer may apply to a justice of the peace for an order dispensing with service of the emergency protection order.(2) An application for a n order dispensing with service is to be supported by evidence setting out the peace officer’s attempts at personal service or substituted service. (3) An order dispensing with service is to be in the form prescribed in Schedule 2.(4) The justice of the peace shall forward the order dispensing with service and notes, and tape recordings where available, of the evidence set out in subsection (2) to the Registrar of the court nearest to where the victim resides. (EC558/96).15(1) Where an emergency protection order is varied or terminated pursuant toclause 6(2)(b), subsection 6(7), or subsection 10(1) of the Act, unless the victim or respondent is present in court, the order is to be served (a) on the victim personally and on the respondent personally by a peace officer; or (b) if it is impractical for any reason to serve either or both of the parties personally, in any other manner ordered by the court, and pursuant to subsection 8(4) of the Act, a copy is to be provided immediately to a peace officer, to Victim Services and, where a child is identified on the order, to the Director of Child Welfare.(2) The form of orders made pursuant to subsection (1) is presented in Schedule 13. (EC558/96; 210/99)21(1) Pursuant to subsection 13(2) of the Act, the Registrar shall cause the application to be servedon the respondent at least five working days before the date of the hearing of the application.(2) The person who serves the application shall file an affidavit of service in the form prescribed in Schedule 8 with the Registrar at least three days before the hearing date.(3) Where the respondent has a lawyer, the Registrar may cause service to be made on the respondent’s lawyer and that shall be deemed personal service. (EC558/96).22 Where, for any reason, personal service of an application on a respondent is impractical, substituted service may be effected by any of the methods specified in subsection 13(2). (EC558/96).27(1) Service of a document may be proved(a) by the oral testimony or affidavit of the person who served it; (b) in the case of the service of an emergency protection order, by filing acopy of Part 4 of the order with the affidavit of service completed by the peace officer serving the order, or where service has been dispensed with, by filing a copy of the order dispensing with service; or (c) in the case of a victim assistance order, by filing a copy of an affidavit of service in the form prescribed in Schedule 8. Reg 3(1) Unless otherwise stipulated in this Regulation, a document may be served by: (a) personal service on the person to be served; or (b) substituted service as ordered by the court. (2) Service of any document effected under this Regulation may be proved:(a) by the oral testimony or affidavit of the person who served it; or(b) by filing a copy of the document with the affidavit of service completed by the peace officer serving the document, or where personal service has been dispensed with, by filing a copy of the order for substituted service and an affidavit proving compliance with the order.11(1) A peace officer shall: (a) personally serve a copy of an Emergency Intervention Order on the respondent as soon as is reasonably possible; or(b) personally serve a copy of an Emergency Intervention Order on a person who appears to be at least 16 years of age who (i) resides with the respondent, (ii) is a member of the respondent’s family, or(iii) is able to bring the order to the respondent’s attention.(2) For the purposes of section 6 of the Act, a respondent has actual notice of an Emergency Intervention Order if (a) the respondent is personally served with a copy of the order, or(b) there are other circumstances that, in the opinion of the court, provide the respondent with actual notice.(3) Where the applicant for the Emergency Intervention Order is not the victim, the applicant shall provide a copy of the order to the victim.12(1) Where reasonable efforts have not resulted in personal service of an Emergency Intervention Order on a respondent in accordance with section 11, or the respondent is evading or obstructing service, a designated person or a victim may apply to the court, in person or by telecommunication, for an order that authorizes substituted service of the Emergency Intervention Order.(2) An application for substituted service is to be supported by evidence setting out why reasonable efforts have not resulted in personal service or that the respondent is evading or obstructing service and proposing a method of service that is likely to bring notice of the order to the respondent.(3) In making an order that authorizes substituted service of an Emergency Intervention Order, the court shall direct, on any terms that the courtconsiders appropriate, any one or more of the following methods of substituted service that the court is satisfied is likely to bring notice of the order to the respondent:(a) posting the order is in a public place;(b) publishing the order in a newspaper;(c) sending the order by electronic mail to the respondent’s e-mail address;(d) any other method the court considers appropriate. 14 Where an Emergency Intervention Order has been changed, varied, terminated or revoked pursuant to subsection 5(9) or 8(1) of the Act, unless the victim or respondent is present in court, the order is to be served:(a) on the victim personally and on the respodent personally by a peace officer; or (b) if it is impractical for any reason to serve either or both of the parties personally, in any other manner ordered by thecourt.19 (1) A peace officer shall cause the application to be served on the respondent at least two days before the date of the hearing of the application, unless the court orders otherwise. (2) The person who serves the application shall file an affidavit of service. (3) Where, for any reason, personal service of an application on a respondent is impractical, substituted service may be effected by any of the methods specified in subsection 12(3). 5(3) A copy of an order, or of any variation of an order, must be served, (a) in the case of an emergency protection order, in accordance with the regulations, and (b) in the case of a Queen’s Bench protection order, in accordance with the Alberta Rules of Court.1998 cP19.2 Reg 7(1) A copy of an emergency protection order shall be served on the respondent as soon as reasonably possible by a peace officer or by any other person that the judge directs. (2) Where the applicant for the emergency protection order is not the claimant, the applicant shall provide a copy of the emergency protection order to the claimant. 8(1) Where it is impractical for any reason for a peace officer or any other person directed by a judge to personally serve a respondent with an emergency protection order, a designated person may apply to a judge, in person or by telecommunication, for an order that authorizes substitutional service of the emergency protection order. (2) An application for substitutional service is to be supported by evidence setting out why personal service is impractical and proposing a method of service that is likely to bring notice of the order to the respondent. (3) In making an order that authorizes substitutional service of an emergency protection order, the judge shall direct, on any terms that the judge considers appropriate, any one or more of the following methods of substitutional service that the judge is satisfied is likely to bring notice of the order to the respondent: (a) serving a member of the respondent’s family or another person who is able to bring the order to the respondent’s attention; (b) serving a person with whom the respondent is residing or leaving the order at the place where the respondent is residing; (c) posting the order in a public place; (d) publishing the order in a newspaper; (e) sending the order by electronic mail to the respondent’s email address; (f) any other method the judge considers appropriate. 10(1) Service of a document may be proved by the oral testimony or affidavit of the person who served it. (2) A peace officer who serves an emergency protection order on a respondent shall as soon as practicable after service forward the completed affidavit of service with a copy of the order attached as an exhibit to the Clerk of the Court of Queen’s Bench at the judicial centre named pursuant to section 5(1)(c). 9 A protection order must be served in the manner prescribed by regulation. Reg 5 On the request of a designated justice of the peace, a person making or submitting an application must provide any information he or she has that could assist in serving documents on the subject or respondent. 6 A subject may specify to a designated justice of the peace that another person may receive documents on behalf of the subject, and when a subject so specifies, service on the specified person is deemed to be service on the subject. 14 A designated justice of the peace who grants a protection order in respect of a subject who is a minor 16 years of age or older shall serve the subject, or shall arrange for the subject to be served, with a copy of the application, supporting documents and any protection order that is granted. 15(1) A peace officer who receives a protection order from a designated justice of the peace shall serve a copy of the order and the information sheet referred to in subsection (2) on the respondent (a) personally; or (b) if the respondent cannot be conveniently found, by leaving the documents with an adult at the respondent's last known home, business or employment address, other than the home, business or employment address of the subject, together with a notice stating that the documents should be forwarded or given to the respondent as soon as possible; and provide proof of service satisfactory to the court. (2) The information sheet referred to in subsection (1) must set out the following: (a) information respecting the right of the respondent to apply to the court under subsection 11(1) (application to set aside protection order) of the Act and the time limit for doing so; (b) a statement that an application by the respondent to set aside the order does not stay the operation of the order; (c) information as to how the respondent can gain access to the evidence that was given in support of the application; (d) general information about the penalties for failing to comply with the order.

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