Canadá - Autoridad central e información práctica
Central Authority(ies):
Click here to access the list of all Central Authorities designated by Canada (list up-to-date as of October 2024). Comment: to save time, requests should be forwarded directly to the Central Authority of the province or territory concerned. They may, however, also be forwarded to the Federal Central Authority which will transmit them to the relevant Central Authority.
|
Practical Information: |
||
| Forwarding authorities (Art. 3(1)): |
- Attorney General for Canada |
|
| Methods of service (Art. 5(1)): |
Formal Service (Art. 5(1)(a)) 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 or notification requests transmitted to a Canadian Central Authority under Article 5(1)(a), service or notification will be effected using the same methods as would be used to serve or notify 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 [XpressPost]. Central Authorities in Canada will consider requests for service or notification 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. 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. Québec: 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. |
|
| Translation requirements (Art. 5(3)): |
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 Québec, originating documents should be drafted in or translated into French. In some instances, a French translation of the “summary of the document to be served” may suffice subject to the recipient’s consent. Click here to read all the declarations made by Canada under the Service Convention. |
|
| Costs relating to execution of the request for service (Art. 12): |
Costs for the execution of service will be $100 Can. In Québec, execution of service by a bailiff (huissier) costs $100, and notification is free of charge. Click here to access the list of all provincial and territorial Central Authorities designated by Canada to receive requests for service in their jurisdiction. Click here for information on methods of payment. |
|
| Time for execution of request: | The average time for performance of service is:
Alberta: 4 weeks |
|
| Judicial officers, officials or other competent persons (Art. 10(b)(c)) |
Many businesses commonly referred to as "Process Servers" serve judicial and extra-judicial documents, for a fee. These businesses are listed in the Yellow Pages under "process servers". In the province of Québec, service must be effected by a sheriff or a member of the Chambre des huissiers de justice du Québec. Chambre des huissiers de justice du Québec |
|
| Oppositions and declarations (Art. 21(2)): |
Click here to read all the declarations made by Canada under the Service Convention. | |
| Art. 6: | In addition to the Central Authorities, the sheriffs, deputy-sheriffs, sub-sheriffs, clerk of the court or his/her deputy for the judicial district (except in Manitoba where there are no judicial districts) in which the person is to be served or the huissiers (only in Quebec) are competent to complete the certificate of service. | |
| Art. 8(2): | No opposition | |
| Art. 9(1): | The Central Authorities in Canada designated in accordance with Articles 2 and 18 of the Convention are competent to receive requests for service transmitted by a foreign consul within Canada. | |
| Art. 10(a): | No opposition | |
| Art. 10(b): | No opposition | |
| Art. 10(c): | No opposition | |
| Art. 15(2): | Declaration of applicability (see declarations) | |
| Art. 16(3): | Declaration of applicability (see declarations) | |
| Derogatory channels (bilateral or multilateral agreements or internal law permitting other transmission channels) (Arts. 11, 19, 24 and 25) Disclaimer: |
To view the bilateral treaties regarding judicial cooperation in civil and commercial matters that are in force for Canada, please visit http://www.accord-treaty.gc.ca/ under the headings "Bilateral" and "Judicial Co-operation (civil and commercial)".
|
|
| Useful links: | Alberta: https://www.alberta.ca/office-of-sheriff-civil-enforcement.aspx Quebec: Saskatchewan: |
|
This page was last updated on: