Electricity Filing Manual – Guide C – Requirements For Substituted Service Applications
When an applicant elects for federal law, certain sections of the CER Act which are normally reserved for pipelines, also apply to IPLs pursuant to subsections 266(1) and 266(2) of the CER Act. A reference to the word:
- (a) a “company” were a reference to the applicant for or holder of the certificate issued in respect of the line;
- (b) a “pipeline” or “line” were a reference to the international or interprovincial power line; and
- (c) “hydrocarbons” were a reference to electricity.
The applicant provides sufficient information to demonstrate that they have attempted to locate and serve notices on the potentially affected landowner(s), in compliance with legislative requirements.
Sections 3 to 5 of the National Energy Board Substituted Service Regulations state:
3 (1) Subject to subsection (2), where a company has been unable to effect personal service of a notice on a person after having made reasonable attempts to do so, the [Commission] may, on application by the company, order substituted service of the notice on the person by one or more of the methods referred to in subsection 5(1).
(2) The [Commission] shall not order substituted service of a notice on a person unless
- (a) the [Commission] is satisfied that personal service of the notice on the person is impractical in the circumstances; and
- (b) the information provided in accordance with section 4(c) discloses that there is a reasonable possibility that substituted service of the notice on the person will bring the notice to the attention of that person.
4 An application for an order under section 3 shall be made by filing with the [CER] five copies of a written application, with evidence by affidavit disclosing
- (a) the efforts made to effect personal service;
- (b) the prejudice to any person that would result from further attempts at personal service; and
- (c) the last known address of the person on whom a notice is required to be served, the address of the residence or place of business of the person or any other place thought to be frequented by the person, the names and addresses of any persons who may be in communication with the person, or any other information respecting where the person might be found.
5 (1) Substituted service of a notice may be effected by one or more of the following methods:
- (a) leaving the notice with an adult person at the residence or place of business of the person or at any other place thought to be frequented by the person;
- (b) leaving the notice with any other adult person who may be in communication with the person;
- (c) sending the notice by registered mail to the last known address of the person;
- (d) publishing the notice in one or more publications in general circulation in the area where the person was last known to be or is thought to be; or
- (e) any other method that appears to the [Commission] more likely to bring the notice to the attention of the person.
This section applies to the service of notices pursuant to sections 201 and 322, and subsection 324(2) of the CER Act which would only apply to elections pursuant to sections 259 and 271, and subsections 266(1) and 266(2) of the CER Act. Personal service is defined in the National Energy Board Substituted Service Regulations as any manner permitted by the general rules of practice in the Federal Court of Canada and in a manner determined by the Commission.
Where a company is required to complete personal service of a notice on a person and has made reasonable attempts to do so, without success, the company would apply to the CER for approval of substituted service and the sample notice to be used. This may be the case where the whereabouts of a landowner is unknown and the company has made reasonable attempts to locate the landowner.
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