The Board may order substituted service of a notice if personal service has failed and is impractical, and the notice is likely to reach the person. The company must apply with supporting affidavit evidence, and the served notice is usually accompanied by a copy of the Board’s order.
Regulations Respecting Substituted Service of Notices Required to be Served Under Sections 34, 87 and Subsection 104(2) of the National Energy Board Act His Excellency the Governor General in Council, on the recommendation of the Minister of Energy, Mines and Resources, pursuant to section 75.29 of the National Energy Board Act, is pleased hereby to approve the annexed Regulations respecting substituted service of notices required to be served under sections 29.1 and 75.26 of the National Energy Board Act, made by the Minister of Energy, Mines and Resources. These Regulations may be cited as the National Energy Board Substituted Service Regulations. In these Regulations, Board means the National Energy Board; (Office) notice means a notice referred to in section 34, 87 or subsection 104(2) of the National Energy Board Act; (avis) personal service means personal service in the manner permitted by the National Energy Board Rules of Practice and Procedure, 1995. (signification à personne) 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 Board 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). The Board shall not order substituted service of a notice on a person unless the Board is satisfied that personal service of the notice on the person is impractical in the circumstances; and 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. An application for an order under section 3 shall be made by filing with the Board five copies of a written application, with evidence by affidavit disclosing the efforts made to effect personal service; the prejudice to any person that would result from further attempts at personal service; and 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. Substituted service of a notice may be effected by one or more of the following methods: 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; leaving the notice with any other adult person who may be in communication with the person; sending the notice by registered mail to the last known address of the person; 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 any other method that appears to the Board more likely to bring the notice to the attention of the person. [Revoked, SOR/93-240, s. 2] Unless the Board otherwise directs, when a notice is served by substituted service it shall be accompanied by a true copy of the order of the Board ordering such service. A notice that is served by the method or methods of substituted service ordered by the Board pursuant to subsection 3(1) shall be deemed to have been received by the person entitled thereto on the day following the day on which all the methods of substituted service ordered by the Board have been carried out or on such later day as the Board may fix in the order for substituted service of that notice.