Federal Courts Rules (SOR/98-106)

Marginal note:Effective date of service by ordinary mail

• 141. (1) Service of a document by ordinary mail is effective on the tenth day after it was mailed.

• Marginal note:Effective date of service by registered mail or courier

  (2) Service of a document by registered mail or courier is effective on the day of receipt indicated on the post office or courier receipt, as the case may be.

Marginal note:Filing before service effective

142. Where a document is served by ordinary mail, it may be filed before the day on which service is effective.

Marginal note:Service by fax

143. The following documents may not be served by fax without the consent of the recipient:

• (a) a motion record, application record, trial record, appeal book or book of authorities; or

• (b) any other document that is longer than 20 pages.

Marginal note:Service at any time

• 144. (1) Service of a document under these Rules may be effected at any time.

• Marginal note:Service after 5:00 p.m.

  (2) A document, other than an originating document or a warrant, that is served on a holiday or after 5:00 p.m. at the recipient's local time is deemed to be served at 9:00 a.m. on the next business day.

Marginal note:Where no further service required

145. Subject to subsection 207(2), where a person has been served with an originating document and

• (a) has not filed a notice of appearance or a defence within the time set out in these Rules, or

• (b) has no address for service,

no further documents in the proceeding need be served on the person prior to final judgment unless the Court orders otherwise.

Marginal note:Proof of service

• 146. (1) Service of a document may be proven

  • (a) by an affidavit of service in Form 146A or, where the service is effected in the Province of Quebec, by a certificate of service of a sheriff, bailiff or other authorized person in accordance with the Code of Civil Procedure of the Province of Quebec;

  • (b) in respect of a document not required to be personally served, by a certificate by a solicitor in Form 146B;

  • (c) where a document was served under paragraph 140(1)(a) by leaving it at the office of a solicitor, by an acknowledgement of service signed and dated by the solicitor or by someone employed by the solicitor; or

  • (d) where a document was served under rule 134, by an acceptance of service signed and dated by the solicitor.

• Marginal note:Signature of agent of solicitor

  (2) Where 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 as agent for the solicitor.