Mortgage Brokerages, Lenders and Administrators Act, 2006 - Additional Draft Regulations for Consultation

III. Consultation Draft Regulations

6) Document Delivery Rules

under the

MORTGAGE BROKERAGES, LENDERS AND ADMINISTRATORS ACT, 2006

Note: This is a draft regulation for discussion purposes. The Mortgage Brokerages, Lenders and Administrators Act, 2006 is not in force.

Application

1. (1) This Regulation governs how the following information and documents must be delivered or served by the Superintendent:

  1. Notices that the Superintendent is required under the Act to give to a person or entity.
  2. Orders and interim orders made under the Act.

(2) Any other information or document that the Superintendent is required to give to a person or entity under the Act or that the Superintendent may give to a person or entity in connection with the administration of the Act may be delivered to the person or entity in accordance with this Regulation.

(3) This Regulation does not prevail over any applicable rules made under subsection 15.1 (5) of the Financial Services Commission of Ontario Act, 1997 or made by the Tribunal.

Personal delivery

2. (1) Information and documents to be given to a person or entity by the Superintendent may be delivered to the person or entity in any of the following ways:

  1. By personal delivery to the person or entity.
  2. By ordinary mail or registered mail addressed to the person or entity at his, her or its mailing address in Ontario as it appears in the records maintained by the Superintendent or, if there is no such address, at the persons or entitys last known address.
  3. By fax sent to his, her or its fax number.
  4. If the person or entity is a licensee or an applicant for a licence, by email sent to his, her or its email address, if any, as it appears in the records maintained by the Superintendent.

(2) For the purposes of paragraph 1 of subsection (1), information and documents to be given to any of the following persons or entities may be delivered in the manner indicated:

  1. For information and documents to be given to a sole proprietorship, by leaving a copy of the information or document with the proprietor or by leaving a copy with an individual at a place of business of the sole proprietorship if the individual appears to be in control of, or to manage, the place of business.
  2. For information and documents to be given to a partnership, by leaving a copy of the information or document with any partner or by leaving a copy with an individual at a place of business of the partnership if he or she appears to be in control of, or to manage, the place of business.
  3. For information and documents to be given to a corporation, by leaving a copy of the information or document with a director, officer or agent of the corporation or by leaving a copy with an individual at a place of business of the corporation if he or she appears to be in control of, or to manage, the place of business.
  4. For information and documents to be given to a person or entity who carries on business in Ontario but is not present in Ontario, by leaving a copy of the information or document with anyone carrying on business in Ontario on behalf of the person or entity.
Delivery to a lawyer, paralegal

3. (1) If the Superintendent has been notified that a person or entity is represented by a lawyer or paralegal, information and documents to be given to the person or entity by the Superintendent may instead be delivered to the lawyer or paralegal by any of the methods described in section 2, or by personal delivery to an employee in the office of the lawyer or paralegal.

(2) Delivery to a lawyer or paralegal is not effective unless, on a copy of the information or document, the lawyer or paralegal or the employee endorses the acceptance of service on behalf of the client and the date of acceptance.

Attempted delivery to an individuals residence

4. If an unsuccessful attempt is made to deliver information or documents to an individual by personal delivery at premises where he or she resides, the information or documents may instead be delivered to him or her by taking both of the following steps:

  1. By leaving a copy of the information or document, in a sealed envelope addressed to the individual, at those premises with anyone who appears to be an adult member of the same household.
  2. By mailing a copy of the information or document addressed to the individual at those premises on the same day or the next day.
When delivery is effective

5. (1) Delivery of information or a document to a person or entity by the Superintendent is effective on the day indicated:

  1. 1. If sent by ordinary mail, on the fifth day after mailing.
  2. 2. If sent by registered mail, on the earlier of the fifth day after mailing or the day after its receipt was acknowledged by the addressee or an individual accepting it on behalf of the addressee.
  3. If sent by fax or email, on the same day it is sent, but only if the information or document is also sent to the addressee by ordinary mail within 48 hours after the fax or email is sent.
  4. 4. If delivered in accordance with section 4, on the fifth day after mailing.

(2) Information or a document that is delivered after 5 pm is deemed to have been received on the following day.

Deemed delivery to licensee, applicant

6. Information or a document is deemed to have been delivered to a licensee or applicant by the Superintendent if it is delivered in either of the following ways:

  1. By registered mail addressed to the licensee or applicant at his, her or its mailing address in Ontario, if any, as it appears in the records maintained by the Superintendent.
  2. By fax sent to the fax number, if any, of the licensee or applicant as it appears in the records maintained by the Superintendent.
  3. By e-mail sent to the e-mail address, if any, of the licensee or applicant as it appears in the records maintained by the Superintendent.
Deemed delivery, alternate methods of delivery

7. Information or documents that are delivered to a person or entity by a method other than one described in sections 2 to 4 is deemed to have been delivered to him, her or it if it is reasonable in all the circumstances to conclude that the information or document came to the notice of the person or entity or that it would have come to the notice of the person or entity but for his, her or its attempt to evade delivery.

Requirements re delivery by fax

8. Information and documents that are sent by fax must be accompanied by a cover page setting out the following information:

  1. The senders name, address, telephone number and fax number.
  2. The name of the person or entity to whom the information and documents are to be delivered.
  3. The date and time of the fax transmission.
  4. The total number of pages being transmitted, including the cover page.
  5. The telephone number of a person to contact in case of transmission problems.
Requirements re delivery by email

9. If information or documents are sent by email, the e-mail message must include the following information:

  1. The senders name, address, telephone number, fax number and email address.
  2. The date and time of the email transmission.
  3. The name and telephone number of a person to contact in case of transmission problems.

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