Federal Courts Rules (SOR/98-106)

Marginal note:Service of originating documents

• 127. (1) An originating document that has been issued, other than in an appeal from the Federal Court to the Federal Court of Appeal or an ex parte application under rule 327, shall be served personally.

• Marginal note:Exception

  (2) A party who has already participated in the proceeding need not be personally served.

• Marginal note:Service of notice of appeal on the Crown

  (3) Despite subsections (1) and (2), in the case of an appeal from Federal Court to the Federal Court of Appeal, if the Crown, the Attorney General of Canada or any other minister of the Crown is a respondent, the notice of appeal shall be served personally on them in accordance with rule 133.

Marginal note:Personal service on individual

• 128. (1) Personal service of a document on an individual, other than an individual under a legal disability, is effected

  • (a) by leaving the document with the individual;

  • (b) by leaving the document with an adult person residing at the individual's place of residence, and mailing a copy of the document to the individual at that address;

  • (c) where the individual is carrying on a business in Canada, other than a partnership, in a name or style other than the individual's own name, by leaving the document with the person apparently having control or management of the business at any place where the business is carried on in Canada;

  • (d) by mailing the document to the individual's last known address, accompanied by an acknowledgement of receipt form in Form 128, if the individual signs and returns the acknowledgement of receipt card or signs a post office receipt;

  • (e) by mailing the document by registered mail to the individual's last known address, if the individual signs a post office receipt; or

  • (f) in any other manner provided by an Act of Parliament applicable to the proceeding.

• Marginal note:Effective day of service

  (2) Service under paragraph (1)(b) is effective on the tenth day after the copy is mailed.

• Marginal note:Effective day of service

  (3) Service under paragraph (1)(d) or (e) is effective on the day of receipt indicated on the acknowledgement of receipt form or post office receipt, as the case may be.

Marginal note:Personal service on individual under legal disability

129. Personal service of a document on an individual under a legal disability is effected by serving the individual in such a manner as the Court may order, having regard to the manner in which the interests of the person will be best protected.

Marginal note:Personal service on corporation

• 130. (1) Subject to subsection (2), personal service of a document on a corporation is effected

  • (a) by leaving the document

    • (i) with an officer or director of the corporation or a person employed by the corporation as legal counsel, or

    • (ii) with the person apparently in charge, at the time of the service, of the head office or of the branch or agency in Canada where the service is effected;

  • (b) in the manner provided by any Act of Parliament applicable to the proceeding; or

  • (c) in the manner provided for service on a corporation in proceedings before a superior court in the province in which the service is being effected.

• Marginal note:Personal service on municipal corporation

  (2) Personal service of a document on a municipal corporation is effected by leaving the document with the chief executive officer or legal counsel of the municipality.