C-25.1 - Code of Penal Procedure

Section 22.1 Disposition versions

2021-01-01

22.1. Service by public notice is made with the authorization of a judge. It may also be made by the bailiff who tried unsuccessfully to serve the proceeding on the addressee and who recorded that fact, unless imprisonment of the addressee is requested.

Service by public notice is made by publishing a notice directing the addressee to retrieve the proceeding at the place specified in the notice within 30 days of the publication of the notice. The notice must mention the judge’s authorization or the bailiff’s attempt to serve the proceeding.

The notice must be published by any means likely to reach the addressee, such as by publishing it in a newspaper circulated in the municipality of the addressee’s last known address, by posting it on the website of such a newspaper, on a website recognized by an order of the Minister of Justice or at the office of the court. The notice must be published only once in a printed newspaper or for 30 days on a website or at the office of the court; if the circumstances so require, the notice may be published more than once.

Service is deemed to have taken place on the expiry of the time specified in the notice for retrieving the proceeding.

2020, c. 12, s. 8.