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Federal Courts Rules (SOR/98-106)

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Regulations are current to 2021-06-28 and last amended on 2021-06-17. Previous Versions

PART 3Rules Applicable to All Proceedings (continued)

Service of Documents (continued)

Personal Service (continued)

Marginal note:Personal service on partnership

 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

 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.

  • SOR/2002-417, s. 14

Marginal note:Personal service on unincorporated association

 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

  •  (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 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

  •  (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
 
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