Federal Courts Rules (SOR/98-106)

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.

Marginal note:Personal service on partnership

131 Personal service of a document on a partnership is effected by leaving the document with

• (a) where the partnership is a limited partnership, a general partner; and

• (b) in any other case, a partner or the person who has the control or management of the partnership business at its principal place of business in Canada.

Marginal note:Personal service on sole proprietorship

131.1 Personal service of a document on a sole proprietorship is effected by leaving the document with

• (a) the sole proprietor; or

• (b) the person apparently in charge, at the time of the service, of the place of business of the sole proprietorship in Canada where the service is effected.

Marginal note:Personal service on unincorporated association

132 Personal service of a document on an unincorporated association is effected by leaving the document with

• (a) an officer of the association; or

• (b) the person who has the control or management of the affairs of the association at any office or premises occupied by the association.

Marginal note:Personal service of originating document on the Crown

• 133 (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.

Marginal note:Acceptance of service by solicitor

134 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

135 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

• 136 (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

• 137 (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

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

Marginal note:Manner of service — other documents

• 139 (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 to the party, as the case may be;

  • (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 rules 145 and 204.1, 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.

Marginal note:Service by fax

• 140 (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.

Marginal note:Consent to electronic service

• 141 (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.

General

Marginal note:When service may be effected

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

Marginal note:Effective date — evening or holiday service

• 143 (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.

Marginal note:Filing before service effective

144 A document that is served by ordinary mail may be filed before the day on which its service is effective.

Marginal note:When no further service required

145 Subject to subsection 207(2) or unless the Court orders otherwise, a party who has been served with an originating document is not required to be served with any further documents in the proceeding prior to final judgment if

• (a) the party has not filed a notice of appearance or a defence within the time set out in these Rules; or

• (b) the party has no address for service and has not served and filed a notice of consent to electronic service in Form 141A.

Marginal note:Proof of service

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

  • (a) an affidavit of service in Form 146A or, if the service is effected in the Province of Quebec, a certificate of service of a sheriff, bailiff or other authorized person in accordance with the Code of Civil Procedure of that Province;

  • (b) if the document is not an originating document, a solicitor’s certificate of service in Form 146B;

  • (c) if the service is effected by leaving a copy of the document at a solicitor‘s office, by an acknowledgement of service that is signed and dated by the solicitor or another person on behalf of the solicitor; or

  • (d) if the service is effected under rule 134, an acceptance of service that is signed and dated by the party’s solicitor.

• Marginal note:Acknowledgement of service – signature

  (2) If an acknowledgement of service under paragraph (1)(c) is signed by a person on behalf of a solicitor, the person shall sign his or her own name.