Are process servers governed by any laws?

Region: Ontario Answer # 3003

Both federal and provincial legislation exists governing the delivery or service of documents. Different laws exist depending on the type of legal action they apply to and in which court.

Ontario legislation

A process server must serve documents in strict accordance with provincial legislation. This includes rules regarding who can serve documents and what methods of service are acceptable for serving documents. Legislation includes for legal actions in:

Small Claims Court (for claim amounts of $35,000 or less): Rules of the Small Claims Court

Civil (non-criminal) litigationRules of Civil Procedure

Family Court: Family Law Rules (Rule 6)

Federal law

Canada’s Federal Court Rules contain the rules for the practice and procedure in Federal Court and Federal Court of Appeal cases – including the acceptable methods of serving documents and other rules – in section 133 (1); and the rules regarding serving parties that are outside of Canada (section 137).

For more information on the laws regarding the service of documents in Ontario, visit our Links.


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