Crown Liability and Proceedings (Provincial Court) Regulations (SOR/91-604)
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Regulations are current to 2013-04-29
Crown Liability and Proceedings (Provincial Court) Regulations
SOR/91-604
CROWN LIABILITY AND PROCEEDINGS ACT
Registration 1991-10-24
Regulations Prescribing the Rules of Practice and Procedure in Respect of Proceedings Taken in Provincial Courts under Part II of the Crown Liability and Proceedings Act
P.C. 1991-2030 1991-10-24
His Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to section 34Footnote * of the Crown Liability and Proceedings ActFootnote **, is pleased hereby to revoke the Crown Liability (Provincial Court) Regulations, C.R.C., c. 447, and to make the annexed Regulations prescribing the rules of practice and procedure in respect of proceedings taken in provincial courts under Part II of the Crown Liability and Proceedings Act, in substitution therefor, effective on the day on which An Act to amend the Federal Court Act, the Crown Liability Act, the Supreme Court Act and other Acts in consequence thereof, being chapter 8 of the Statutes of Canada, 1990, comes into force.
Return to footnote *S.C. 1990, c. 8, s. 32
Return to footnote **S.C. 1990, c. 8, s. 21
SHORT TITLE
1. These Regulations may be cited as the Crown Liability and Proceedings (Provincial Court) Regulations.
INTERPRETATION
2. In these Regulations,
- “Act”
“Act” means the Crown Liability and Proceedings Act; (Loi)
- “Attorney General”
“Attorney General” means the Attorney General of Canada; (procureur général)
- “court”
“court” means the court having jurisdiction under Part II of the Act to hear and determine the claim in respect of which the proceedings have been taken; (tribunal)
- “Deputy Attorney General”
“Deputy Attorney General” means the Deputy Attorney General of Canada; (sous-procureur général)
- “plaintiff”
“plaintiff” includes a party claiming against the Crown in third party proceedings; (demandeur)
- “provincial rules”
“provincial rules” means the rules of practice and procedure of the court. (règles provinciales)
APPLICATION
3. These Regulations apply to proceedings taken in a provincial court
(a) under Part II of the Act; and
(b) against an agency of the Crown to which section 35 of the Act applies.
SERVICE OF DOCUMENTS
4. (1) Subject to subsections (2), (5) and (7), service of a document originating any proceedings shall be made on the Deputy Attorney General at the office of the Deputy Attorney General in Ottawa.
(2) A document referred to in subsection (1) has been validly served where
(a) it has been served on the Deputy Attorney General at the office of the Deputy Attorney General in Ottawa;
(b) it has been served on the Director of the appropriate Regional Office of the Department of Justice, namely,
(i) in respect of proceedings in the Province of British Columbia, the Vancouver Regional Office,
(ii) in respect of proceedings in the Province of Alberta, the Edmonton Regional Office,
(iii) in respect of proceedings in the Province of Saskatchewan, the Saskatoon Regional Office,
(iv) in respect of proceedings in the Province of Manitoba, the Winnipeg Regional Office,
(v) in respect of proceedings in the Province of Ontario, the Toronto Regional Office,
(vi) in respect of proceedings in the Province of Quebec, the Montreal Regional Office,
(vii) in respect of proceedings in the Province of Nova Scotia, of New Brunswick, of Prince Edward Island or of Newfoundland, the Halifax Regional Office,
(viii) in respect of proceedings in the Yukon Territory, the Whitehorse Regional Office, and
(ix) in respect of proceedings in the Northwest Territories, the Yellowknife Regional Office; or
(c) it has been served on and accepted by an agent duly authorized to act for the Attorney General in the particular proceeding.
(3) Where service of a document is made in respect of proceedings in the Province of New Brunswick, Prince Edward Island or Newfoundland, service shall be deemed to have been made within the province within which the proceedings are taken.
(4) The address for service on the Crown of any document other than a document originating proceedings shall be the address designated therefor by or on behalf of the Deputy Attorney General.
(5) Service of a document originating any proceedings may be effected in the manner provided by section 23 of the Act, without special order, even though proceedings are being, or have been, taken in a court outside Ontario.
(6) Where a document may be served by mail under provincial rules, service shall
(a) be by registered or certified mail; and
(b) be effective on the tenth day after the document is mailed.
(7) Service of a document originating any proceedings on the chief executive officer of an agency of the Crown may be made in the manner provided by this section.
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