Federal Courts Rules (SOR/98-106)

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.

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.

Marginal note:Service of document other than originating document

138. Unless otherwise provided in these Rules, a document that is not an originating document need not be served personally.

Marginal note:Service on other parties

139. Documents required to be served by other than personal service shall be served, subject to subsection 36(3) and rule 145, on all other parties in the manner set out in rule 140.

Marginal note:Non-personal service

• 140. (1) Service on a party of a document that is not required to be personally served may be effected by personal service or

  • (a) by leaving the document at the party's address for service;

  • (b) by mailing the document to the party's address for service;

  • (c) by delivering the document by courier to the party's address for service;

  • (d) by transmitting the document by fax

    • (i) where the party has a solicitor of record, to the solicitor of record, and

    • (ii) where the party has no solicitor of record, to the party; or

  • (e) in such other manner as the Court may on motion order.

• Marginal note:Where no address for service

  (2) Where a party has no address for service at the time of service, a document that is not required to be personally served may be served by leaving the document at, or sending it by registered mail or courier to,

  • (a) where the party is an individual, the party's usual or last known address; or

  • (b) where the party is an unincorporated body, a group of persons or a corporation, the principal or last known address of the body or group.

• Marginal note:Where no known address

  (3) Where a party has no known address at the time of service, a document that is not required to be personally served may be served by depositing the document at the office of the Registry where the proceeding was initiated.

• Marginal note:Fax cover page

  (4) A document that is served by fax shall include a cover page in Form 140.