Federal Courts Rules (SOR/98-106)

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.

Marginal note:Validating service

147 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.

Marginal note:Where document does not reach person served

148 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.

Marginal note:Service — limited-scope representation

148.1 If a party is represented by a solicitor who is providing limited-scope representation and who has agreed to accept the service of documents relating to their mandate, all documents relating to the mandate shall be served on the solicitor. All other documents shall be served on the party.

Payments

Marginal note:Payments into court

• 149 (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.