ABSTRACT

Both the Old Code and the New Code contain provision for notice to be served by one party on another, sometimes in response to an initiating notice. The provisions of each code closely control the content of each such notice, the timing of their delivery and the mode of their delivery. It is obviously critical to landowners, operators and their advisers to ensure that the notice in the correct form is timeously given and appropriately served. This chapter examines the applicable criteria. The notice provisions under each code are not dissimilar, and raise similar issues. The chapter sets out some general provisions of application to the consideration of form, content and service of notice under both codes. It considers the comparable provisions of the New Code under the following headings: form of notice; service of notice; proper address for service; and the date of service.