Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

EMPLOYMENT STANDARDS ACT - PART 14 - GENERAL PROVISIONS

ESA Section 122 – Service of determinations and demands


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This section explains when determinations or demands are considered served, and outlines the requirements necessary to determine they have been served.


Text of Legislation

122 (1) A determination or demand or a notice under section 30.1 (2) that is required to be served on a person under this Act is deemed to have been served if

(a) served on the person, or

(b) sent by registered mail to the person's last known address.

(2) If service is by registered mail, the determination or demand or a notice under section 30.1 (2) is deemed to be served 8 days after the determination or demand or the notice under section 30.1 (2) is deposited in a Canada Post Office.

(3) At the request of a person on whom a determination or demand or a notice under section 30.1 (2) is required to be served, the determination or demand or notice under section 30.1 (2) may be transmitted to the person electronically or by fax machine.

(4) A determination or demand or a notice under section 30.1 (2) transmitted under subsection (3) is deemed to have been served when the director receives an acknowledgment of the transmission from the person served.


Policy Interpretation

For purposes of this Act, there are several acceptable methods for a person to be served, as follows:

  • Hand Delivery, which is actual delivery to the party to be served. The determination or demand required to be served must be delivered to the person named in the determination, or to the person's representative.
  • Service by registered mail to the person's last known address. Section 29 of the Interpretation Act states that "registered mail" includes certified mail. The majority of the Employment Standards Branch's documents are served by registered mail or certified mail.
  • Service electronically or by fax, but only if requested by the person being served. Service is complete when a written acknowledgment of the fax or electronic transmission is received from the person served. A fax "activity report" indicating that the fax has been successfully transmitted is not sufficient.

Related Information

Related sections of the Act or Regulation

ESA

Other references

Interpretation Act, [RSBC 1996] Chapter 238