Canada Process Service
Process service, also known as "service of process,” is the procedure employed to give an appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to enable that person to respond to the proceeding before the court, body, or other tribunal. Notice is furnished by delivering a set of court documents (called "process") to the person to be served.
Canada PROCESS SERVERs
Canada process servers serve civil and commercial matters pursuant to the Hague Service Convention, which is a multilateral treaty adopted in Hague, Netherlands on November 15,1965, by member states of the Hague Conference on Private International Law. It came into existence to give litigants a reliable and efficient means of serving the documents on parties living, operating or based in another country. The provisions of the convention apply to service of process in civil and commercial matters but not criminal matters. Also, the Convention shall not apply if the address of the person to be served with the document is not known.
Method of Service
In all provinces and territories in Canada, with the exception of the province of Québec, the term "service" covers both service and “notification".
For service requests transmitted to a Canadian Central Authority under Article 5(1)(a), service will be effected using the same methods as would be used to serve judicial documents for proceedings in the Central Authority's jurisdiction.
The normal procedure for service in Canada is personal service made by a process server in Alberta, a huissier in Québec, an enforcement officer of the Ministry of the Attorney General in Ontario or a sheriff or deputy sheriff elsewhere in Canada, on an individual or on a corporation by handing a copy of the document to the individual, or to an officer, director or agent of the corporation at its place of business.
Notification in Québec may be made by delivering the original or certified copy or abstract of the act, document or notice to the person to be notified and obtaining a receipt therefore. It can also be made by registered or certified mail. Notification may be made by regular mail or by any other means of communication where the context does not require the sender to obtain proof of sending.
Federal Court and Federal Court of Appeal: Federal Courts Rules, SOR/98-106.
Alberta: Alberta Rules of Court, Alta. Reg. 124/2010.
British Columbia: Supreme Court Civil Rules, B.C. Reg. 168/2009.
Manitoba: Court of Queen's Bench Rules, Man. Reg. 553/88.
New Brunswick: Rules of Court, N.B. Reg. 82-73.
Newfoundland and Labrador: Rules of the Supreme Court, 1986, S.N.L. 1986, c 42, Sch D.
Northwest Territories: Rules of the Supreme Court of the Northwest Territories, N.W.T. Reg. 010-96.
Nova Scotia: Nova Scotia Civil Procedure Rules.
Nunavut: Rules of the Supreme Court of the Northwest Territories, N.W.T. Reg. 010-96.
Ontario: Rules of Civil Procedure, R.R.O. 1990, Reg. 194.
Prince Edward Island: Rules of Civil Procedure.
Service: Code of Civil Procedure, R.S.Q., chapter C-25.
Notification: Code of Civil Procedure, R.S.Q., chapter C-25.
Saskatchewan: Queen's Bench Rules.
Yukon: Rules of Court, Y.O.I.C. 2009/65. Service by a particular method (Art. 5 (1)(b))
Central Authorities in Canada will consider requests for service by a particular method requested by the applicant under 5(1)(b) to the extent that such a method is not inconsistent with the law of their jurisdiction.Informal delivery (Art. 5(2)) The practice of informal delivery ("par simple remise") of judicial or extrajudicial documents is not known in Canada.
Timeline for Execution
The average time for performance of service is:
Alberta: 4 weeks
British Columbia: 3-6 weeks
Manitoba: 3-4 weeks
New Brunswick: 2-4 weeks
Newfoundland and Labrador: 4 - 6 weeks
Northwest Territories:3-6 weeks
Nova Scotia: 2-4 weeks
Nunavut: 4-6 weeks
Ontario: 4-6 weeks
Prince Edward Island: 2-3 weeks
Québec: 4 weeks (service); 3 weeks (notification)
Saskatchewan: 2-4 weeks
For both formal service and service by a particular method, translation requirements will depend on the province or territory concerned.
For Alberta, British Columbia, Newfoundland and Labrador, Nova Scotia and Prince Edward Island, all documents must be written in or translated into English.
For Manitoba, Northwest Territories, Nunavut, Ontario, and Saskatchewan all documents must be written in or translated into English or French.
For New Brunswick and the Yukon, all documents must be written in or translated into English or French. The Central Authority of New Brunswick or the Yukon may reserve the right to require documents to be translated into English or French depending on the language understood by the addressee.
For Québec, the translation will be required in all cases where the recipient does not understand the language in which the document is written. All documents which commence actions must be translated. Summary translation of all other documents is acceptable if the recipient agrees. Translation is to be done into the French language; however, the Québec Central Authority may, upon request, allow a translation in English at the condition that the recipient understands this language
Diplomatic Service Via Letters Rogatory
For states which are not party to the Hague Service Convention, diplomatic channels are generally used for the service of legal documents. It is generally effected by a letter rogatory, which is a formal request to issue a judicial order from a court in the state where proceedings are underway to a court in another state. This procedure generally requires transmission of the document to be served from the originating court to the foreign ministry in the state of origin. The foreign ministry in the state of origin forwards the request to the foreign ministry in the destination state. The foreign ministry then forwards the documents to the local court. The local court then makes an order to allow for the service. Once service is made, a certificate of service would then pass through the same channels in reverse. Under a somewhat more streamlined procedure, courts can sometimes forward service requests to the foreign ministry or the foreign court directly, cutting out one or more steps in the process.
The Hague Service Convention established a more simplified means for parties to effect service in other contracting states. Under the convention, each contracting state is required to designate a central authority to accept incoming requests for service. A judicial officer who is competent to serve process in the state of origin is permitted to send request for service directly to the central authority of the state where service is to be made. Upon receiving the request, the central authority in the receiving state arranges for service in a manner permitted within the receiving state, typically through a local court. Once service is effected, the central authority sends a certificate of service to the judicial officer who made the request.
The main benefits of the Hague Service Convention over letters rogatory is that it is faster (requests generally take two to four months rather than six months to one year), it uses standardized forms which should be recognized by authorities in other states, and it is cheaper (in most cases).
Alternate Methods of Service
The Hague Convention provides various modes of process service of documents such as by postal channel or by diplomatic/consular agents, judicial officers, officials or other competent persons. These provisions are covered under Articles 8 to 10 and may or not be allowed by member countries as a valid mode of serving the documents in their territory. The method of serving the documents through the Central Agency (Article 5) is not optional but is binding on all the member countries. The services done by the Central Agency usually takes a long time: 4 to 12 months. The convention gives relief to the litigants if they have not received certificate of service or delivery from the Central Agency even after waiting for six months. In such cases, the Court may, if it considers that a reasonable time has elapsed, give its judgement. Also, in case of urgency, the court may issue a provisional order or protective measure even before six-month waiting period.
Service by Mail
Service by mail is possible only in states that have not objected to that method under Article 10(a) of the convention and if the jurisdiction where the court case takes place allows it under its applicable law.
Documents can be faxed (800)-296-0115, emailed email@example.com, mailed 590 Madison Avenue, 21 Floor, New York, New York 10022, or dropped off at any of our location. We do require pre-payment and accept all major credit and debit cards. Once payment is processed your sales receipt is immediately emailed for your records. This option is only available for email or fax.
Drop-offs must call and make an appointment first to be added to building security to permit access to our office. Documents for service must be in a sealed envelope with payment in form of a money order or attorney check (WE DO NOT ACCEPT CASH) payable to UNDISPUTED LEGAL INC., All documents will be received by our receptionist.
What Should You Do Next?
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