Federal Courts Rules (SOR/98-106)

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Regulations are current to 2019-05-22 and last amended on 2015-01-30. Previous Versions

PART 3Rules Applicable to All Proceedings (continued)

Service of Documents (continued)

Personal Service (continued)

Marginal note:Personal service of originating document on the Crown

  •  (1) Personal service of an originating document on the Crown, the Attorney General of Canada or any other Minister of the Crown is effected by filing the original and two paper copies of it at the Registry.

  • Marginal note:Copy to Deputy Attorney General

    (2) The Administrator shall forthwith transmit a certified copy of an originating document filed under subsection (1)

    • (a) where it was filed at the principal office of the Registry, to the office of the Deputy Attorney General of Canada in Ottawa; and

    • (b) where it was filed at a local office, to the Director of the regional office of the Department of Justice referred to in subsection 4(2) of the Crown Liability and Proceedings (Provincial Court) Regulations.

  • Marginal note:When service is effective

    (3) Service under subsection (1) is effective at the time the document is filed.

  • SOR/2015-21, s. 14

Marginal note:Acceptance of service by solicitor

 Personal service of a document on a party may be effected by the acceptance of service by the party’s solicitor.

Marginal note:Deemed personal service on a person outside Canada

 Where a person

  • (a) is resident outside Canada and, in the ordinary course of business, enters into contracts or business transactions in Canada in connection with which the person regularly makes use of the services of a person resident in Canada, and

  • (b) made use of such services in connection with a contract or business transaction,

in a proceeding arising out of the contract or transaction, personal service of a document on the person resident outside Canada is effected by personally serving the person resident in Canada.

Marginal note:Substituted service or dispensing with service

  •  (1) Where service of a document that is required to be served personally cannot practicably be effected, the Court may order substitutional service or dispense with service.

  • Marginal note:Motion may be made ex parte

    (2) A motion for an order under subsection (1) may be made ex parte.

  • Marginal note:Order to be served

    (3) A document served by substitutional service shall make reference to the order that authorized the substitutional service.

Service outside Canada

Marginal note:Service outside Canada

  •  (1) Subject to subsection (2), a document to be personally served outside Canada may be served in the manner set out in rules 127 to 136 or in the manner prescribed by the law of the jurisdiction in which service is to be effected.

  • Marginal note:Hague Convention

    (2) Where service is to be effected in a contracting state to the Hague Convention, service shall be as provided by the Convention.

  • Marginal note:Proof of service

    (3) Service of documents outside Canada may be proven

    • (a) in the manner set out in rule 146;

    • (b) in the manner provided by the law of the jurisdiction in which service was effected; or

    • (c) in accordance with the Hague Convention, if service is effected in a contracting state.

Other Forms of Service

Marginal note:Personal service of originating documents

 Unless otherwise provided in these Rules, personal service is required only for originating documents.

  • SOR/2015-21, s. 15

Marginal note:Manner of service — other documents

  •  (1) If a document is not required to be served personally, service on a party is to be effected by

    • (a) personal service;

    • (b) leaving it at the party’s address for service;

    • (c) mailing it or delivering it by courier to the party’s address for service;

    • (d) transmitting it by fax to the party’s solicitor of record, or, if the party has no solicitor of record, to the party;

    • (e) transmitting it to the electronic address set out by the party in Form 141A; or

    • (f) any other means that the Court may direct.

  • Marginal note:Service on other parties

    (2) Subject to subsection 36(3) and rule 145, the document shall be served on all other parties.

  • Marginal note:If no address for service

    (3) If a party has no address for service at the time of service, the document may be served by leaving it at, or by sending it by registered mail or courier to,

    • (a) if the party is an individual, the party’s usual or last known address; and

    • (b) if the party is an unincorporated body, a group of persons or a corporation, the principal or last known address of the body, group or corporation.

  • Marginal note:If no known address

    (4) If a party has no known address at the time of service, the document may be served by depositing it at the office of the Registry where the proceeding was commenced.

  • SOR/2015-21, s. 15

Marginal note:Service by fax

  •  (1) The recipient’s consent is required before any of the following documents may be served by fax:

    • (a) a motion record, application record, trial record, appeal book or book of authorities; and

    • (b) any other document that is longer than 20 pages.

  • Marginal note:Fax cover page

    (2) A document that is served by fax shall include a cover page that sets out the following information:

    • (a) the name, address and telephone number of the sender;

    • (b) the name of the person on whom the document is being served;

    • (c) the date and time of the transmission;

    • (d) the total number of pages being transmitted, including the cover page;

    • (e) a fax number at which the sender may receive documents; and

    • (f) the name and telephone number of the person that is to be contacted in the event of a transmission problem.

  • SOR/2015-21, s. 15

Marginal note:Consent to electronic service

  •  (1) A party consents to the electronic service of documents by serving and filing a notice of consent in Form 141A.

  • Marginal note:When consent is effective

    (2) The consent is effective on the day on which the notice is served.

  • Marginal note:Withdrawal of consent

    (3) A party withdraws their consent by serving and filing a notice of withdrawal of consent in Form 141B.

  • Marginal note:When withdrawal is effective

    (4) The withdrawal of consent is effective on the day on which the notice is served.

  • Marginal note:Prohibition

    (5) A party shall not serve a document by electronic service prior to being served with the recipient’s notice of consent or after the withdrawal of that consent.

  • SOR/2015-21, s. 15

General

Marginal note:When service may be effected

 Service of a document under these Rules may be effected at any time.

  • SOR/2015-21, s. 15

Marginal note:Effective date — evening or holiday service

  •  (1) Service of a document, other than an originating document or a warrant, on a holiday or after 5:00 p.m. at the recipient’s local time is effective on the next day that is not a holiday.

  • Marginal note:Effective date — ordinary mail

    (2) Service of a document by ordinary mail is effective on the 10th day after the day on which it is mailed.

  • Marginal note:Effective date — registered mail or courier

    (3) Service of a document by registered mail or courier is effective on the day of delivery that is indicated on the post office or courier delivery receipt, as the case may be.

  • SOR/2015-21, s. 15
 
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