Federal Courts Act
Marginal note:How proceeding against Crown instituted
48. (1) A proceeding against the Crown shall be instituted by filing in the Registry of the Court the original and two copies of a document that may be in the form set out in the schedule and by payment of the sum of two dollars as a filing fee.
Marginal note:Procedure for filing originating document
(2) The original and two copies of the originating document may be filed as required by subsection (1) by being forwarded, together with a remittance for the filing fee, by registered mail addressed to "The Registry, The Trial Division, The Federal Court of Canada, Ottawa, Canada".
Marginal note:Service of originating document
(3) When the original and two copies of the originating document have been filed and the filing fee has been paid as required by this section, an officer of the Registry of the Court shall, after verifying the accuracy of the copies, forthwith, on behalf of the claimant, serve the originating document on Her Majesty by transmitting the copies to the office of the Deputy Attorney General of Canada.
(4) When the copies have been transmitted to the office of the Deputy Attorney General of Canada under subsection (3), a certificate signed by an officer of the Registry respecting the date of filing and the date of transmission of the copies shall be delivered, or forwarded by registered mail, to the claimant or the claimant’s counsel or solicitor at the address appearing on the originating document, or at such other address as may have been communicated to the Registry for the purpose.
Marginal note:Certificate to be evidence
(5) A certificate under subsection (4) is evidence of the date of filing and the date of service of the originating document referred to in the certificate.
- R.S., c. 10(2nd Supp.), s. 48.
- Date modified: