Service of Documents on the Federal Government

Last revised May 30, 2024

Provincial Court

Proceedings against the Federal Crown in a provincial superior court are governed by the Crown Liability and Proceedings Act, R.S.C. 1985, c. C-50 and the Crown Liability and Proceedings (Provincial Court) Regulations (SOR/91-604).   Pursuant to section 4 of the Regulations, originating documents are served on the Federal Crown by serving the Deputy Attorney General at the office of the Deputy Attorney General in Ottawa or, for BC, by serving the Senior Regional Director of the Department of Justice's BC Regional Office.

When the Crown is sued in provincial court, the proper defendant is "Attorney General of Canada."

Federal Court

For proceedings in the Federal Court of Canada or the Federal Court of Appeal see Rule 133 of the Federal Courts Rules, SOR/98 which provides that personal service of an originating document on the Crown, the Attorney General of Canada or any other minister of the Crown is affected by filing the originating document and two copies in the Federal Court Registry.

When the Crown is sued in the Federal Court, the proper defendant is "His Majesty The King".

Content reviewed May 30, 2024