Service Outside of Canada
(Includes Hague Service Convention)
Effective immediately, if you wish to serve a commencement document in a foreign country that is a Contracting State to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters [the “Hague Service Convention”], you must comply with the Hague Service Convention requirements.
A commencement document is a statement of claim, an originating application, a counterclaim, a third-party claim, and a claim under the Family Law Act that starts a new proceeding (Form FL-10). Although a Joint Statement of Claim for Divorce is a commencement document, it doesn’t need to be served, so the Hague Service Convention process doesn’t apply.
You can find an up-to-date list of the Contracting States at:
If you are representing yourself, please attend a Resolution Services office to have your Statement of Claim for Divorce with Children (and all copies) reviewed by Resolution Services for accuracy. Once Resolution Services confirms your application is satisfactory, you may file your application with Resolution Services using Interac, Visa or Mastercard. If you need to file using cash payment, you may attend thereafter at the Court of Queen’s Bench.
Please refer to the links below to access the documents indicated:
- Service Outside of Canada Flow Chart:
- Table of Contracting States to the Hague Service Convention:
This document lists all the Hague Contracting States, the types of service they permit, and whether their Central Authority requires translation. This document has been prepared for convenience only and is not regularly updated. The Applicant should always refer to: https://www.hcch.net/en/instruments/conventions/authorities1/?cid=17 for the most current information on the requirements for each Contracting State.
- Instruction Booklet for Service Outside of Canada (Hague Service Convention):
- Affidavits and Orders for Service Outside of Canada
- (a) Affidavit and Order - Service Outside of Canada: These documents apply when the country is not a Contracting State; when the document is not a commencement document; or when the country does not object to personal service under Article 10.
- (b) Affidavit and Order - Substitutional Service Outside of Canada: These documents apply when the applicant wants to serve substitutionally because they do not have the respondent's address; the country is not a Contracting State; the document is not a commencement document; or the country does not object to other forms of service under Article 10, including service by mail.
- (c) Affidavit and Order for Service Outside of Canada (Hague Service Convention - Central Authority): These documents apply when the applicant must (or chooses to) serve through the foreign Central Authority.
- (d) Affidavit and Order for Service Outside of Canada (with Consent): These documents apply to those parties who are able to obtain the respondent's consent to service. The law on consent is unsettled, but some Applications Judges may grant orders for service when presented with evidence that the Respondent consented to receive the documents.
- Affidavit of Service (Hague Service Convention): This affidavit of service is specific to service through the Central Authority. All other forms of service can prove service using a regular Affidavit of Service.
Assistance with Preparing Court Forms
Court forms information coordinators are available to assist with locating court forms and providing information on when to use them and how to fill them out.
Further information on this service and locations can be found on the Court and Justice Services (CJS) website.
Note: If you are having trouble opening PDF forms (i.e. getting messages about updating Adobe Reader):
- Choose "Always Open in System Viewer" after download
- Or try right-clicking on the link or download button and choosing "Save Link As..." and then opening the file from your computer
- Or try clicking the pdf icon in the address bar and selecting open in Adobe Viewer or see more information here