The rules for service of documents in civil and family cases for British Columbia can be found in the Supreme Court Rules. As the Criminal Code is federal, the rules for service become a bit more complex. The criminal documents that have specific instructions are subpoenas and summons.
Section 701(1) of the Criminal Code (RSC 1985) c. C-46. states:
“Subject to subsection (2), a subpoena shall be served in a province by a peace officer or any other person who is qualified in that province to serve civil process, in accordance with subsection 509(2), with such modifications as the circumstances require.”
Section 509(2) reads:
(2) A summons shall be served by a peace officer who shall deliver it personally to the person to whom it is directed or, if that person cannot conveniently be found, shall leave it for him at his latest or usual place of abode with an inmate thereof who appears to be at least sixteen years of age.
You can find the definition of a peace officer in section 2 – definitions in the Criminal Code (RSC 1985) c. C-46.
If you are unable to find a peace officer to serve criminal documents in accordance with ss. 701(1) and 509(2), s. 4 (6-7) of the Criminal Code gives further instructions for service of documents which allows for proof of service in accordance with provincial laws.
Section 701(1) notes that documents may be served by anyone who is qualified in that province to service civil process. The civil rules for personal service in British Columbia can be found in Rule 4-3 of the Supreme Court Civil Rules, BC Reg. 168/2009.
- Criminal Code (RSC 1985) c. C-46 – Justice Laws website
- Criminal Code (RSC 1985) c. C-46 section 2 – Justice Laws website
- Supreme Court Civil Rules BC Reg. 168/2009 – BC Laws
- Martin’s Annual Criminal Code – onsite at Courthouse Libraries