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Service of Originating Documents on the Provincial Crown

Legal documents intended for service on the provincial Crown are served in accordance with the applicable legislation, rules of court and any court order.

Proceedings against the provincial Crown are generally brought against His Majesty in Right of Newfoundland and Labrador.

Section 11 of the Proceedings Against the Crown Act provides that a document to be served on the Crown must be served by leaving a copy with the Minister of Justice or the Deputy Minister of Justice.

Supreme Court proceedings

Rule 6.01 of the Rules of the Supreme Court, 1986 provides that an originating document must generally be served personally under Rule 6.02 or by an alternative to personal service under Rule 6.03, unless a rule provides otherwise.

Service on the provincial Crown must also comply with section 11 of the Proceedings Against the Crown Act. Members should therefore ensure that the method used satisfies both the Act and the applicable Rules. Where personal service or an authorized alternative is impracticable, the Court may order substituted service or dispense with service under Rule 6.04.

The Department will not accept service of an originating document by email unless that method is authorized by a court order or other applicable legal authority. Service is generally proved by an affidavit in Form 6.14A.

Small Claims Court proceedings

Rule 21(10) of the Small Claims Rules requires service on the provincial Crown to comply with the Proceedings Against the Crown Act. Documents must therefore be served on the Minister of Justice or the Deputy Minister of Justice.

Under Rule 22, personal service may be proved by filing Form 4, Certificate of Service, with a copy of the document served. Rule 22 also provides for other methods of proving service where applicable.

Location for service

Documents may be served during regular business hours at:

Department of Justice and Public Safety 4th Floor, East Block Confederation Building St. John’s, Newfoundland and Labrador

Please enter through the Visitors Entrance and advise security that you are attending to serve a legal document on the Crown. Security will contact a departmental representative authorized to receive the document.

Cooperation in ensuring that service is completed in accordance with the applicable requirements is greatly appreciated. As the proper method may depend on the court, the document and any relevant court order, members are encouraged to review the governing legislation and rules before using email, mail or another method of service.

Acceptance of a document by a departmental representative, other than as detailed above, does not confirm that service is legally valid or waive any procedural or substantive objection.

This notice provides general information only. It does not replace the applicable legislation, rules of court or court orders.

 

Posted: 9 November 2026