Federal Courts Rules (SOR/98-106)

Marginal note:Service of notice of application

• 304 (1) Unless the Court directs otherwise, within 10 days after the issuance of a notice of application, the applicant shall serve it on

  • (a) all respondents;

  • (b) in respect of an application for judicial review or an application appealing the order of a tribunal,

    • (i) in respect of an application other than one relating to a decision of a visa officer, the tribunal in respect of which the application is brought,

    • (ii) any other person who participated in the proceeding before the tribunal in respect of which the application is made, and

    • (iii) the Attorney General of Canada;

  • (c) where the application is made under the Access to Information Act, Part 1 of the Personal Information Protection and Electronic Documents Act, the Privacy Act or the Official Languages Act, the Commissioner named for the purposes of that Act; and

  • (d) any other person required to be served under an Act of Parliament pursuant to which the application is brought.

• Marginal note:Motion for directions as to service

  (2) Where there is any uncertainty as to who are the appropriate persons to be served with a notice of application, the applicant may bring an ex parte motion for directions to the Court.

• Marginal note:Proof of service

  (3) Proof of service of a notice of application shall be filed within 10 days after service of the notice of application.