Serving Newfoundland and Labrador tenancy notices correctly

Start by identifying what you are serving

Newfoundland and Labrador has two different statutory service lists. Section 35 governs ordinary notices and documents under the Act, while section 42(3) governs a dispute-resolution application. A method allowed for a termination notice is not necessarily allowed for the application that follows.

Before delivery, use the current prescribed notice or application, identify the right recipient and address, and retain the exact document you delivered. Ordinary notices must also meet section 34's written-content requirements.

Ordinary notices: section 35 methods

For an ordinary notice, the Act permits several methods depending on who receives it. These include:

• Personal delivery to the other party, or delivery to a person aged 16 or older who apparently lives with them.
• Posting the notice conspicuously at the relevant premises, or putting it in the mailbox or under the door.
• Prepaid registered mail, prepaid express post or courier at an address permitted by the section.
• Electronic delivery only if the document is in substantially the same form as a written notice, and the recipient has provided an electronic address for receiving documents.

Where the landlord is a company, section 35(3) has additional rules for service on an officer or registered office. Choose an option explicitly available in the Act for your circumstances.

Dispute applications: the stricter section 42 list

A landlord or tenant serving an application to the director cannot simply rely on every method in section 35. Section 42(3) generally allows personal service, prepaid registered mail, prepaid express post, qualifying electronic service, or courier at the other party's provided address. Posting to the door or dropping it in a mailbox is not an ordinary section 42(3) application-service method.

If ordinary attempts fail despite reasonable efforts, sections 35(4) and 42(5) allow a request for an order authorizing an alternative service method. Get the order before treating another method as authorized.

When does service legally count?

• Registered mail or express post: sections 35(5) and 42(6) generally deem service on the fifth day after mailing, provided the document was prepaid, correctly addressed and sent.
• Qualifying electronic service: sections 35(6) and 42(7) generally treat a document sent before 4 p.m. as served that day; after that, it is considered served on the next day that is not a Saturday or holiday.
• Personal delivery and other methods: record when and where delivery occurred and who received it; specific notice periods still need to be calculated correctly.

Deemed service is different from when someone actually reads the document. For time-sensitive hearings, also check any additional filing and evidence rules supplied by the Residential Tenancies Office.

What proof should you keep?

1. A dated copy of the final notice or application, including all pages and attachments.
2. The full recipient address and the statutory service method used.
3. Postal receipt, tracking number and proof of prepaid correctly addressed mail; or courier delivery record.
4. For electronic service, the sent message, attachment, timestamp and record showing the recipient supplied that address for document service.
5. For in-person delivery, an accurate delivery note or witness account, including the time, place and recipient.

Weak proof of service can undermine an otherwise well-founded claim. Use the hearing evidence checklist when arranging an organized file.

Related guides and source law