Filing Manual – Guide W – Requirements for Substituted Service Applications

Table of Contents

1. Goal
2. Filing Requirements
3. Guidance

Goal

Applications filed are complete and contain accurate documentation for substituted service to allow the Commission to understand the rationale and all steps taken by the company to attempt to serve a landowner and why the company was not able to do so.

Filing 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

1. (a) the [Commission] is satisfied that personal service of the notice on the person is impractical in the circumstances; and
2. (b) the information provided in accordance with paragraph 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

1. (a) the efforts made to effect personal service;
2. (b) the prejudice to any person that would result from further attempts at personal service; and
3. (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:

1. (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;
2. (b) leaving the notice with any other adult person who may be in communication with the person;
3. (c) sending the notice by registered mail to the last known address of the person;
4. (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
5. (e) any other method that appears to the [Commission] more likely to bring the notice to the attention of the person.

Guidance

This section applies to notices pursuant to sections 201 and 322 and subsection 324(2) of the CER Act. Where a company is required to effect personal service of a notice on a person and has made reasonable attempts to do so, the company may apply to the CER for approval of substituted service. This may be the case where the whereabouts of a landowner is unknown and the company has made reasonable attempts to locate the landowner. 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.