Rules of Practice and Procedure of the Chief Military Judge (SOR/2025-46)

Marginal note:Proof of service

• 14 (1) Service of a document is proven by

  • (a) a certificate of service as set out in Form 3 of the schedule;

  • (b) an affidavit or other document demonstrating service that, in accordance with the laws of the jurisdiction in which the service was effected, is provided by the person who effected the service;

  • (c) a written acknowledgment of service provided by the person served or their counsel; or

  • (d) an acknowledgement or acceptance of service provided by the person served or their counsel while in open court before the presiding military judge.

• Marginal note:Delivery and confirmation receipts

  (2) If a document is served by registered mail, fax or email, a certificate of service for that document must be accompanied by one of the following documents, as the case may be,

  • (a) a copy of the post office delivery receipt that indicates the day on which the document was delivered by registered mail; or

  • (b) the transmission confirmation receipt that indicates the date and time of the transmission of the document by fax or email.

• Marginal note:No further proof required

  (3) Despite these Rules, a party is not required to provide proof of service for a document if an acknowledgment or acceptance of service of the document is provided under paragraph 1(d).