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Federal Courts Rules (SOR/98-106)

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Regulations are current to 2021-09-11 and last amended on 2021-06-17. Previous Versions

PART 3Rules Applicable to All Proceedings (continued)

Service of Documents (continued)

Other Forms of Service (continued)

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

Marginal note:Filing before service effective

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

  • SOR/2015-21, s. 15

Marginal note:When no further service required

 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.

  • SOR/2015-21, s. 15

Marginal note:Proof of service

  •  (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.

  • SOR/2015-21, s. 15

Marginal note:Validating service

 If a document has been served in a manner that is not authorized by these Rules or by an order of the Court, the Court may validate the service if it is satisfied that the document came to the notice of the person to be served or that it would have come to that person’s notice except for the person’s avoidance of service.

  • SOR/2015-21, s. 15

Marginal note:Where document does not reach person served

 On the motion of a party who did not have notice of a served document or did not obtain notice of it at the time of service, the Court may set aside the consequences of default or grant an extension of time or an adjournment, notwithstanding that the party was served with the document in accordance with these Rules.

Payments

Marginal note:Payments into court

  •  (1) A person who pays money into court shall deliver to the Registry

    • (a) a certified cheque or other bill of exchange drawn on a bank, trust company, credit union or caisse populaire or any other bill of exchange authorized by order of the Court, payable to the order of the Receiver General; and

    • (b) three paper copies of a tender of payment into court in Form 149.

  • Marginal note:Effective date of payment

    (2) Payment into court by a certified cheque or other bill of exchange that is paid on presentation for payment is effective on the day on which it was delivered to the Registry.

  • Marginal note:Receipt for payment

    (3) When a certified cheque or other bill of exchange is paid, the Administrator shall endorse or acknowledge receipt on a copy of the tender of payment into court and return it to the person who made the payment.

  • SOR/2013-18, s. 4
  • SOR/2015-21, s. 16

Marginal note:Payment out of court

 Where an order has been made by the Court for payment out of court of money that is in the Consolidated Revenue Fund, a requisition shall be made by the Administrator to the Receiver General for an instrument for the amount to be paid out.

Filing of Confidential Material

Marginal note:Criminal proceeding under Competition Act

 Unless the Court orders otherwise, all documents that have been submitted for filing, filed or added to the annex to the Court file in relation to a criminal proceeding instituted under the Competition Act shall be treated as confidential before the trial of that proceeding.

Marginal note:Motion for order of confidentiality

  •  (1) On motion, the Court may order that material to be filed shall be treated as confidential.

  • Marginal note:Demonstrated need for confidentiality

    (2) Before making an order under subsection (1), the Court must be satisfied that the material should be treated as confidential, notwithstanding the public interest in open and accessible court proceedings.

Marginal note:Marking of confidential material

  •  (1) Where the material is required by law to be treated confidentially or where the Court orders that material be treated confidentially, a party who files the material shall separate and clearly mark it as confidential, identifying the legislative provision or the Court order under which it is required to be treated as confidential.

  • Marginal note:Access to confidential material

    (2) Unless otherwise ordered by the Court,

    • (a) only a solicitor of record, or a solicitor assisting in the proceeding, who is not a party is entitled to have access to confidential material;

    • (b) confidential material shall be given to a solicitor of record for a party only if the solicitor gives a written undertaking to the Court that he or she will

      • (i) not disclose its content except to solicitors assisting in the proceeding or to the Court in the course of argument,

      • (ii) not permit it to be reproduced in whole or in part, and

      • (iii) destroy the material and any notes on its content and file a certificate of their destruction or deliver the material and notes as ordered by the Court, when the material and notes are no longer required for the proceeding or the solicitor ceases to be solicitor of record;

    • (c) only one copy of any confidential material shall be given to the solicitor of record for each party; and

    • (d) no confidential material or any information derived therefrom shall be disclosed to the public.

  • Marginal note:Order to continue

    (3) An order made under subsection (1) continues in effect until the Court orders otherwise, including for the duration of any appeal of the proceeding and after final judgment.

 
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