Definition

1   In this regulation, "Act" means the Voluntary Blood Donations Act.

Service of orders and notices

2   (1) In this section, "order or notice" means the following:

(a) a compliance order;

(b) a notice to be given under section 13 (3) (c) of the Act with respect to the reconsideration of a compliance order;

(c) a notice to be given under section 14 (2) (a) of the Act with respect to the variation or rescission of a compliance order.

(2) An order or notice may be served on a person referred to in section 15 (3) of the Act as follows:

(a) personally;

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

(c) by electronic mail sent to the person's last known electronic mail address;

(d) if the order or notice is in respect of a place, by posting it in a conspicuous location on the place.

(3) If an order or notice is sent by registered mail, the order or notice is deemed to be served on the person to whom it is addressed on the 14th day after deposit with Canada Post, unless the person received actual service before that day.

(4) Subject to subsection (5), if an order or notice is sent by electronic mail, the order or notice is not effectively served unless all of the following conditions are met:

(a) the person referred to in section 15 (3) of the Act confirms that the order or notice was received;

(b) the confirmation under paragraph (a) is made

(i) both verbally and by electronic mail,

(ii) by fax, including the person's signature, or

(iii) in writing, including the person's signature;

(c) the confirmation is received by the person who served the order or notice, or a person acting on that person's behalf, no later than 96 hours after the electronic message was sent.

(5) The time limit set out in subsection (4) (c) of this section does not apply if the person referred to in section 15 (3) confirms, in writing and including the person's signature, after the expiry of the 96 hour period that the order or notice

(a) was received by the person, and

(b) is effectively served.

[am. B.C. Reg. 76/2022, s. 4.]

Applications to court

3   (1) An application for a warrant under section 7 of the Act may be made

(a) by submitting information on oath in the form set out as Form 1 of the Schedule, and

(b) in person, or if the inspector making the application believes it would be impracticable to appear in person, by telephone or other means of telecommunication.

(2) A warrant may be issued in the form set out as

(a) Form 2 of the Schedule, if the application was made in person, or

(b) Form 3 of the Schedule, if the application was made by telephone or other means of telecommunication.