Some statutes or statutory instruments provide for the service of a document by mail. This report addresses the issue of whether or not this purported service by mail is effective in the event of a mail strike.
This report recommends that a provincial statute be enacted that will invalidate service by mail when the mail service is not in operation. In such a case the statute should allow a person to effect service personally or at an address for service provided by the person to be served. It empowers the Court to give alternative directions for service and to extend the time for service through not under contract and only if the order is made within the original time for service. The Alberta Rules of Court would be amended to provide that the proposed statute applies to service by mail under the Rules. A draft of the proposed Postal Interruption Act is contained in this report.