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Canada

Official Name: Canada
Last Updated: November 15, 2013
 

Party to Hague Service Convention?Yes

Party to Hague Evidence Convention?No

Party to Hague Apostille Convention?No

Party to Inter-American Convention?No

Service of Process by Mail?Yes

DISCLAIMER

DISCLAIMER: THE INFORMATION IS PROVIDED FOR GENERAL INFORMATION ONLY AND MAY NOT BE TOTALLY ACCURATE IN A SPECIFIC CASE. QUESTIONS INVOLVING INTERPRETATION OF SPECIFIC FOREIGN LAWS SHOULD BE ADDRESSED TO THE APPROPRIATE FOREIGN AUTHORITIES OR FOREIGN COUNSEL.

Canada’s Department of Foreign Affairs and International Trade is prepared to help facilitate international judicial cooperation and has published a booklet, International Judicial Cooperation, from which the procedures described in the circular are excerpted. Copies are available from the United Nations, Criminal and Treaty Law Division, Department of External Affairs and International Trade, 125 Sussex Drive, Ottawa, Ontario, Canada K1A 0G2.

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Embassies and Consulates

U.S. Embassy Ottawa

490 Sussex Drive
K1N 1G8 Ottawa,
Ontario, Canada

Telephone: +(1) (613) 688-5335

Emergency After-Hours Telephone: +(1) (613) 238-5335

Fax: +(1) (613) 688-3082

Consulates

U.S. Consulate General Montreal
1155 rue St. Alexandre
Montréal, Quebec H3B 3Z1
Canada

Telephone: +(1) (514) 398-9695

Emergency After-Hours Telephone: +(1) (514) 981-5059

Fax: +(1) (514) 398-9748

The Montreal consular district includes Greater Montreal and the regions of Southern Quebec Province (Laurentides, Lanaudiere, Laval, Montreal, Montregie, Estrie, and the southern parts of Centre-du-Quebec), including Joliete, Drummondville, and Sherbrooke.

U.S. Consulate General Toronto
360 University Ave
Toronto, Ontario M5G 1S4
Canada

Telephone: +(1) (416) 595-1700

Emergency After-Hours Telephone: +(1) (416) 595-6506

Fax: +(1) (416) 595-5466

The consular district includes the province of Ontario except for the counties of Kingston, Lanark, Leeds, Prescott, Refrew, Russell, and Stormont, which are served by the U.S. Embassy in Ottawa.

U.S. Consulate General Vancouver
1075 West Pender Street
Vancouver, British Columbia
V6E 2M6
Canada

Telephone: +(1) (604) 685-4311

Emergency After-Hours Telephone: +(1) (604) 685-4311

Fax: +(1) (604) 685-7175

The consular district includes British Columbia and the Yukon Territory.

U.S. Consulate General Halifax
Purdy's Wharf Tower II
1969 Upper Water Street, Suite 904
Halifax, Nova Scotia B3J 3R7
Canada

Telephone: +(1) (902) 429-2480

Emergency After-Hours Telephone: +(1) (902) 429-2480

Fax: +(1) (902) 423-6861

The Halifax consular district includes New Brunswick, Newfoundland and Labrador, Nova Scotia, Prince Edward Island, and the French islands of Saint Pierre and Miquelon.

U.S. Consulate Winnipeg
201 Portage Avenue, Suite 860
Winnipeg, Manitoba R3B 3K6
Canada

Telephone: +(1) (204) 940-1800

Emergency After-Hours Telephone: 403-266-8962 and press "0" for assistance (Consulate General Calgary)

Fax: +(1) (204) 940-1809

The Consulate in Winnipeg provides only emergency services for U.S. citizens. Routine services such as visas, passports and notarials are handled at other U.S. Consulates General, primarily Calgary.

U.S. Consulate General Quebec
2 Place Terrasse Dufferin
(Vieux Quebec, behind Chateau Frontenac)
Quebec, Quebec G1R 4T9
Canada

Telephone: +(1) (418) 692-2095

Emergency After-Hours Telephone: +(1) (418) 692-2096

Fax: +(1) (418) 692-4640

The consular district includes Quebec City and those regions of Quebec Province to the North and East of the Montreal and Ottawa Districts (indicated above), plus the Territory of Nunavut.

U.S. Consulate General Calgary
615 Macleod Trail S.E.,
10th Floor
Calgary, Alberta, T2G 4T8
Canada

Telephone: +(1) (403) 266-8962

Emergency After-Hours Telephone: +(1) (403) 266-8962 then press '0'

Fax: +(1) (403) 263-2241

The consular district includes Alberta, Manitoba, Saskatchewan, and the Northwest Territories, excluding Nunavut.

List of Attorneys
Helpful Links
Service of Process

Canada is a party to the Hague Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil and Commercial Matters.  Complete information on the operation of the Convention, including an interactive online request form are available on the Hague Conference website.  Requests should be completed in duplicate and submitted with two sets of the documents to be served directly to Canada’s Central Authority for the Hague Service Convention.  The person in the United States executing the request form should be either an attorney or clerk of court.  The applicant should include the titles attorney at law or clerk of court on the identity and address of applicant and signature/stamp fields.  In its Declarations and Reservations on the Hague Service Convention, Canada did not object to the methods of service under Article 10, and does permit service via postal channels.  For additional information see the Hague Conference Service Convention website and the Hague Conference Practical Handbook on the Operation of the Hague Service Convention

Criminal Matters

U.S. federal or state prosecutors should contact the Office of International Affairs, Criminal Division, U.S. Department of Justice for guidance about the U.S. – Canada Mutual Legal Assistance in Criminal Matters Treaty.

Requests for compulsion of evidence in civil, commercial, administrative or defense requests criminal matters may be submitted directly by Canadian attorneys to the appropriate Canadian court.  Canadian courts are authorized to consider foreign requests for judicial assistance under section 46 of the Canada Evidence Act and there is no requirement that letters rogatory be transmitted via diplomatic channels.

Obtaining Evidence in Civil and Commercial Matters

Canada is not a party to the Hague Convention on the Taking of Evidence in Civil and Commercial Matters.  However, see Canada’s Response to the 2008 Hague Conference Questionnaire on obtaining evidence.

Taking Voluntary Depositions of Willing Witnesses

There are no rules in Canada which prohibit foreign tribunals or litigants from taking evidence from a willing witness in private civil matters. Therefore, parties in a private civil case in the United States may arrange to depose a willing witness in Canada without prior consultation with or permission from Canadian federal or provincial authorities. The party seeking to take the deposition must arrange for a court reporter/stenographer and facilities in which to take the deposition; the U.S. Consulates in Canada do not have information on these matters, nor do they have space in which to hold the deposition.  If the parties involved in the deposition wish to have the witness take an oath before the U.S. Consul at any point in the proceedings, they should contact the American Citizens Services Section of the nearest U.S. Consulate prior to the date of the deposition and ask for an appointment to have the oath administered at the Consulate. Fees associated with consular depositions are at 22 CFR 22.1.  Canada does require prior permission for depositions conducted by prosecutors in criminal matters.

Compulsion of Testimony/Production of Documents: When a witness is unwilling to testify or when production of documents is required, litigants may petition a Canadian court directly to compel testimony or production of documents.  In these circumstances, the services of a Canadian lawyer will be necessary.

Authentication of Documents

Canada is not a party to the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents but does not generally require the authentication of foreign public documents.

Country Information

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