WHEREAS Section 241 of The Planning and Development Act, 2007 , provides for serving notices and other documents by registered mail; and

WHEREAS the recipient need only refuse the registered letter, thereby returning it to the Municipality, to prove it was not received;

BE IT RESOLVED that SARM request that Section 241 of The Planning and Development Act be revised by removing the following clause, “unless the person to whom the notice or other document is sent proves otherwise."

Response from Jim Reiter, Minister of Government Relations and Minister Responsible for First Nations, Metis and Northern Affairs

•  Section 241 of The Planning and Development Act, 2007 (PDA) provides the rules for when a registered mail notice is considered served.  In certain circumstances, municipalities are responsible to serve notice by registered mail.  While the PDA does not specifically provide an alternative method to serve notice where a recipient refuses delivery of a registered notice, once refused, the municipality has the ability to attempt alternative notices such as to serve the notice personally.

•  Section 241 is a standard service provision used in legislation, which allows for an individual to dispute service in cases where they were not validly served for some reason and did not receive the document.  This concern with registered mail is a common problem for government as well.

•  GR appreciates municipalities coming forward with suggestions for legislative changes that can improve community and land use planning.  GR will consider adding additional mechanisms for serving notices during the next review of the PDA.  Consultation with municipalities and SARM will occur before any amendments to the PDA are made.

Updated response from the Ministry of Government Relations July 4, 2017