In the event that service of the notice cannot be effected in accordance with the instructions in the notice, application may be made for an order of substitutional service. This application is made using the Request/Transmission form (Form 15.1).
In box 2 of the Request form insert language to the effect of “Request for an order of substitutional service upon 1234321 Manitoba Ltd. by virtue of the attached affidavit of attempted service.”
Attach to the Request form your affidavit of attempted service. The affidavit must detail the efforts made to serve the party and the efforts made to locate the party where service has failed.
Upon receipt of an application for substitutional service, the district registrar will review the attempted service affidavit and either request further information or issue an order of substitutional service.
Once an order of substitutional service has been issued, service of the notice must then be made in accordance with that order.
Once proper service has been made and the time period specified has passed without any action having been taken by the claimant in the original instrument, the request to lapse may be filed.
No order of substitutional service is required where the thirty day notice calls for registered mail service but the notice was actually served personally on the holder of the subject instrument. Personal service is always valid.