How to prove service in the Federal Court and Federal Court of Appeal: the versions of Form 146A, when a solicitor's certificate or acknowledgement is enough, the filing deadlines, and swearing Form 146A by video.
Last updated: October 13, 2026
Federal Court Affidavit of Service (Form 146A): How to Prove Service
Quick answer: In the Federal Court and the Federal Court of Appeal, service is proven under rule 146 of the Federal Courts Rules, usually by an affidavit of service in Form 146A sworn by the person who served. Form 146A has a set wording for each way of serving: personal service, an adult in the same household, mail, fax, email, courier, or a party acting in person. A lawyer can often use a solicitor's certificate (Form 146B) instead, but not for originating documents. Minute Notary commissions Form 146A online by video for $24.95 per seal plus HST. We do not serve documents or advise on whether service was valid.
Our affidavit of service guide compares the forms used across Canadian courts. This guide goes deeper on the federal one: which version of Form 146A fits how you served, the other ways rule 146 accepts, the filing deadlines, and how to have it commissioned. If you have a question about your appointment, contact us or call (613) 434-5555.
Key Takeaways
| Question | Answer | Where it comes from |
|---|---|---|
| Which courts? | Federal Court and Federal Court of Appeal | Federal Courts Rules r. 1(1) |
| How is service proven? | Form 146A; or Form 146B (not for originating documents); or an acknowledgement or acceptance | r. 146(1) |
| Who swears Form 146A? | The person who served, giving their name and occupation | Form 146A |
| Which documents need personal service? | Originating documents, unless the rules say otherwise | r. 127(1), r. 138 |
| Deadline for proof | 10 days after serving a notice of application or appeal; statement of claim by the defence deadline | r. 304(3), r. 339(2), r. 203(2) |
| Serving the Crown | File at the Registry; the Registry transmits it | r. 133; Practice Guidelines para. 31 |
| Can it be sworn by video? | Yes, using a mode accepted by the province's superior court; in Ontario, O. Reg. 431/20 | Practice Guidelines para. 36 |
| What does commissioning cost? | $24.95 per seal online, plus HST | Our posted rate |
Four Ways to Prove Service
Rule 146(1) says service of a document is proven by:
| Proof | When it can be used | Rule |
|---|---|---|
| Affidavit of service, Form 146A | Any service. In Quebec, a sheriff's or bailiff's certificate under the Code of Civil Procedure instead | r. 146(1)(a) |
| Solicitor's certificate of service, Form 146B | Only if the document is not an originating document | r. 146(1)(b) |
| Acknowledgement of service, signed and dated by or for the solicitor | A copy was left at a solicitor's office | r. 146(1)(c) |
| Acceptance of service signed and dated by the party's solicitor | Personal service by the solicitor accepting it (rule 134) | r. 146(1)(d) |
The Court's Amended Consolidated General Practice Guidelines (June 20, 2025) add one more: when personal service is not required and the document was served by email, "a clear, written acknowledgement of service by the person accepting service may be filed as proof of service" (para. 34). When you file electronically, attach the proof of service to the document in a single PDF and bookmark it (para. 35).
If you are not a lawyer and the other side has not acknowledged service, Form 146A is the usual answer.
Which Version of Form 146A?
Form 146A is one page with alternative paragraphs. You keep the one that matches how you served and delete the rest. It opens: "I, (full name and occupation of deponent), of the (City, Town, etc.) of (name) … SWEAR (or AFFIRM) THAT:".
| How you served | What the form asks you to state | Rule |
|---|---|---|
| Personal service on an individual or a corporation | Date, time, the person served, the document, the address; for a corporation, the position of the person; how you identified the person | r. 128(1)(a), r. 130 |
| Adult in the same household, plus a copy by mail | Who you left it with, the address, the mailing date, and how you knew they were an adult of that household | r. 128(1)(b) |
| Personal service by mail | The mailing, and the attached acknowledgement card or post office receipt with the person's signature | r. 128(1)(d), (e) |
| Mail, fax, email or courier to a solicitor | The solicitor, the date, the fax number or email address; for email, that receipt was acknowledged; for courier or registered mail, the delivery date on the receipt | r. 139(1) |
| A party acting in person | The method, the date and the address, fax number or email used; for email, that receipt was acknowledged | r. 139(1), (3) |
The jurat reads "Sworn (or Affirmed) before me at the (City, Town, etc.) of (name) in the (County, Regional Municipality, etc.) of (name) on (date)", signed by a "Commissioner for Taking Affidavits (or as the case may be)".
Personal Service and the Deadlines
Originating documents are served personally. An issued originating document "shall be served personally" (r. 127(1)), unless the party has already participated in the proceeding (r. 127(2)). Personal service is required "only for originating documents" unless the rules say otherwise (r. 138).
On an individual (r. 128): leave it with them; leave it with an adult living at their residence and mail a copy (effective on the 10th day after mailing); mail it with an acknowledgement of receipt card (Form 128) that they sign and return; or send it by registered mail if they sign the post office receipt.
On a corporation (r. 130): leave it with an officer, a director or in-house legal counsel, or with the person apparently in charge of the head office or the branch where service is made.
On the Crown (r. 133): an originating document against the Crown, the Attorney General of Canada or a minister is served by filing the original and two paper copies at the Registry. The practice guidelines say that in these proceedings, "including those brought under the Immigration and Refugee Protection Act or the Citizenship Act", the Registry transmits the document, "thereby dispensing a party from the requirement to effect personal service" (para. 31).
Other documents are served at the party's address for service by leaving it, mail, courier, fax, or email to the address in their consent to electronic service (Form 141A) (r. 139(1), 141). Parties who put an email address on a filed document are deemed, until further notice, to have consented to email service (Guidelines para. 30).
| Document | Serve within | File proof of service | Rule |
|---|---|---|---|
| Statement of claim | 60 days after it is issued | Within the time for the statement of defence | r. 203(1), (2) |
| Notice of application | 10 days after it is issued | Within 10 days after service | r. 304(1), (3) |
| Applicant's affidavits and exhibits | 30 days after issuance | With them; they are deemed filed when proof of service is filed | r. 306 |
| Notice of appeal | 10 days after it is issued | Within 10 days after service | r. 339(1), (2) |
| Any other document required to be served | As the rules set | Cannot be filed without proof of service | r. 73 |
Service outside Canada follows rules 127 to 136, the law of the place of service, or the Hague Convention where it applies, and may be proven under rule 146 (r. 137).
When service goes wrong. If personal service "cannot practicably be effected", the Court may order substituted service or dispense with it (r. 136). If a document was served in an unauthorized way but reached the person, the Court may validate the service (r. 147).
What a notary can and cannot do: A notary public confirms your identity, administers the oath or affirmation, watches you sign and commissions Form 146A, marking any attached receipt or card as an exhibit. A notary does not serve the documents, choose the method of service, or decide whether service met the Federal Courts Rules. For those questions, ask the Registry or a lawyer.
How the Signing Works with Minute Notary
The Federal Court accepts remote affidavits. The practice guidelines say: "Pursuant to s. 53(2) of the Federal Courts Act, and subject always to the discretion of the Court to apply the best evidence requirements, affidavits sworn or affirmed remotely using modes deemed acceptable in a Superior Court of the province or territory where the affidavit is sworn or affirmed will be accepted for filing until further notice." A scanned copy may be filed, but keep the original in case the Court asks for it (para. 36).
In Ontario, the mode is O. Reg. 431/20. The Commissioners for Taking Affidavits Act requires an oath to be taken in the commissioner's physical presence unless the regulations provide otherwise (s. 9(1) and (2)). O. Reg. 431/20 provides otherwise: you and the notary must see, hear and talk to each other in real time for the whole appointment, the notary confirms your identity and makes sure you understand what you are signing, and the notary keeps a record (ss. 1 and 2). Form 146A's jurat has no wording for a remote oath, so the notary uses a modified jurat that states the oath was taken under O. Reg. 431/20 and where each of you was.
- Serve first, then swear. Fill in the Form 146A paragraphs that match how you served, delete the others, and leave it unsigned.
- Book the appointment. Contact us or call (613) 434-5555 and tell us it is a Federal Court Form 146A. Appointments run every day, 8:00 AM to 8:00 PM (Ottawa time).
- Upload the unsigned affidavit, any acknowledgement card or delivery receipt, and your photo ID before the call.
- On the call: the person who served shows valid government photo ID, swears or affirms out loud, and signs while the notary watches.
- The notary completes the jurat, signs, applies the seal and marks any attached receipt as an exhibit. You receive the commissioned affidavit as a PDF to file with the document.
Pricing
| Service | Fee | Note |
|---|---|---|
| Commissioning Form 146A online (video appointment) | $24.95 per seal | One seal for the affidavit |
| Attached receipt or card, marked as an exhibit | $24.95 each (1 to 5) | $20 each for exhibits 6 to 10, $15 each from 11 |
| Mobile visit (in person, anywhere in Ontario) | $24.95 per seal + $60 travel fee | Travel fee covers up to 30 km; beyond that, an additional travel fee applies |
| Card processing fee (online payments) | 2.9% + $0.30 | Shown as its own line before you pay |
Note: prices are before HST and cover commissioning only. We do not serve documents or give legal advice.
See every posted rate on our pricing page.
Frequently Asked Questions
What is Form 146A?
Form 146A is the affidavit of service under rule 146 of the Federal Courts Rules, which apply in the Federal Court and the Federal Court of Appeal. The person who served the document swears who was served, with what, when, where and how.
Is an affidavit always needed to prove service in the Federal Court?
No. Rule 146 also accepts a solicitor's certificate of service (Form 146B) for documents other than originating documents, a signed acknowledgement when a copy is left at a solicitor's office, and a solicitor's acceptance of service. When service is by email and personal service is not required, the Court's practice guidelines also accept a clear written acknowledgement.
Who swears Form 146A?
The person who served the document. The form starts "I, (full name and occupation of deponent)" and then sets out what that person did, so the person who served must swear it.
How soon must proof of service be filed?
It depends on the document. Proof of service of a notice of application or a notice of appeal is filed within 10 days after service. Proof of service of a statement of claim is filed within the time for the defence. Other documents cannot be filed without proof of service (rule 73).
Do I serve the Crown personally?
Usually not. Under rule 133, an originating document against the Crown, the Attorney General of Canada or a minister is served by filing it at the Registry. The Court's practice guidelines say the Registry transmits it, which dispenses the party from personal service.
Can I swear Form 146A online?
Yes. The Federal Court's practice guidelines accept affidavits sworn remotely "using modes deemed acceptable in a Superior Court of the province or territory where the affidavit is sworn or affirmed". In Ontario, that is a video oath under O. Reg. 431/20, with a modified jurat.
How much does it cost to swear Form 146A online?
$24.95 per seal, plus HST. An attached acknowledgement card or delivery receipt marked as an exhibit is one more stamp. Online payments also carry a card processing fee of 2.9% + $0.30.
Final Recommendation
Serve the document the way the Federal Courts Rules allow for that document, then pick the Form 146A paragraph that matches exactly what you did. Keep any acknowledgement card, post office receipt or courier receipt to attach. Have the person who served swear it, and file it within the deadline for that document. If personal service is not working, ask the Court about substituted service before the deadline passes.
Book Your Appointment
Need Form 146A commissioned? Minute Notary commissions it by secure video for $24.95 per seal plus HST.
- Contact us: Ask a question or request an appointment
- Call: (613) 434-5555
- Service page: Affidavits
- Free template: Affidavit of service, Federal Court Form 146A
- Related guide: Affidavit of service across Canadian courts
- Hours: Every day, Saturday and Sunday included, 8:00 AM to 8:00 PM (Ottawa time)
Sources
- Federal Courts Rules, SOR/98-106, rules 73, 127 to 147, 203, 304, 306 and 339
- Federal Court — Forms (Form 146A, Affidavit of Service)
- Federal Court — Amended Consolidated General Practice Guidelines (June 20, 2025), paras. 29 to 36
- Commissioners for Taking Affidavits Act, R.S.O. 1990, c. C.17 (Ontario), s. 9
- O. Reg. 431/20: Administering Oath or Declaration Remotely (Ontario)
This article was written using AI.
Related notary services
Need help with this in Ottawa?
About the author
Kai Mai
Co-founder & Chief Technology Officer, Minute Notary
Kai Mai writes and edits the Minute Notary guides, working from the published federal and Ontario guidance each article links, and from what Ottawa clients actually run into with certified copies, affidavits, statutory declarations, travel consent letters, and immigration paperwork. These guides are general information written by our editorial team — not legal advice, and not a professional opinion on your document. The receiving authority always has the final say.