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C-25 - Code of Civil Procedure

Section 139
Disposition versions

Full text
139. Service by public notice is made by publication of an order of the judge or clerk, calling upon the defendant to appear within 30 days or such other time as may be fixed, and informing him that a copy of the motion to institute proceedings has been left for him at the office of the court.
Unless the judge or the clerk decides otherwise, the order is published only once; the publication is made in a newspaper, designated by the judge or clerk, distributed in the locality of the last known address of the defendant or, if no newspaper is distributed in that locality, in the locality where he is required to appear.
If the circumstances so require, the judge may order the publication by any other appropriate means, in particular by letter, or by an advertisement on the radio or television; he shall then determine the mode of proof of publication.
The order is published in French but if the circumstances so require, the judge may order it published in English as well.
The same rules are followed, with any necessary modifications, for the service by public notice, when it is required, of any proceeding other than a motion to institute proceedings, and for the publication of the public notices of sale provided for in articles 594 and 670.
Service by one publication is complete and is deemed to have taken place on the date of such publication; in the other cases, service is complete only when all the prescribed publications have been made, but it is deemed to have been made on the date of the first publication.
1965 (1st sess.), c. 80, a. 139; 1977, c. 73, s. 5; 1992, c. 57, s. 226, s. 420; 1996, c. 5, s. 11; 1999, c. 40, s. 56; 2002, c. 7, s. 17.
139. Service by public notice of a declaration is made by publication of an order of the judge or clerk, calling upon the defendant to appear within 30 days or such other time as may be fixed, and informing him that a copy of the declaration has been left for him at the office of the court.
Unless the judge or the clerk decides otherwise, the order is published only once; the publication is made in a newspaper, designated by the judge or clerk, distributed in the locality of the last known address of the defendant or, if no newspaper is distributed in that locality, in the locality where he is required to appear.
If the circumstances so require, the judge may order the publication by any other appropriate means, in particular by letter, or by an advertisement on the radio or television; he shall then determine the mode of proof of publication.
The order is published in French but if the circumstances so require, the judge may order it published in English as well.
The same rules are followed, with any necessary modifications, for the service by public notice, when it is required, of any proceeding other than a declaration, and for the publication of the public notices of sale provided for in articles 594 and 670.
Service by one publication is complete and is deemed to have taken place on the date of such publication; in the other cases, service is complete only when all the prescribed publications have been made, but it is deemed to have been made on the date of the first publication.
1965 (1st sess.), c. 80, a. 139; 1977, c. 73, s. 5; 1992, c. 57, s. 226, s. 420; 1996, c. 5, s. 11; 1999, c. 40, s. 56.
139. Service by public notice of a declaration is made by publication of an order of the judge or clerk, calling upon the defendant to appear within a delay of 30 days or such other delay as may be fixed, and informing him that a copy of the declaration has been left for him at the office of the court.
Unless the judge or the clerk decides otherwise, the order is published only once; the publication is made in a newspaper, designated by the judge or clerk, distributed in the locality of the last known address of the defendant or, if no newspaper is distributed in that locality, in the locality where he is required to appear.
If the circumstances so require, the judge may order the publication by any other appropriate means, in particular by letter, or by an advertisement on the radio or television; he shall then determine the mode of proof of publication.
The order is published in French but if the circumstances so require, the judge may order it published in English as well.
The same rules are followed, with any necessary modifications, for the service by public notice, when it is required, of any proceeding other than a declaration, and for the publication of the public notices of sale provided for in articles 594 and 670.
Service by one publication is complete and is deemed to have taken place on the date of such publication; in the other cases, service is complete only when all the prescribed publications have been made, but it is deemed to have been made on the date of the first publication.
1965 (1st sess.), c. 80, a. 139; 1977, c. 73, s. 5; 1992, c. 57, s. 226, s. 420; 1996, c. 5, s. 11.
139. Service by public notice of a writ of summons is made by publication of an order of the judge or clerk, calling upon the defendant to appear within a delay of 30 days or such other delay as may be fixed, and informing him that a copy of the writ and declaration has been left for him at the office of the court.
Unless the judge or the clerk decides otherwise, the order is published only once; the publication is made in a newspaper, designated by the judge or clerk, distributed in the locality of the last known address of the defendant or, if no newspaper is distributed in that locality, in the locality where he is required to appear.
If the circumstances so require, the judge may order the publication by any other appropriate means, in particular by letter, or by an advertisement on the radio or television; he shall then determine the mode of proof of publication.
The order is published in French but if the circumstances so require, the judge may order it published in English as well.
The same rules are followed, with any necessary modifications, for the service by public notice, when it is required, of any proceeding other than a writ of summons, and for the publication of the public notices of sale provided for in articles 594 and 670.
Service by one publication is complete and is deemed to have taken place on the date of such publication; in the other cases, service is complete only when all the prescribed publications have been made, but it is deemed to have been made on the date of the first publication.
1965 (1st sess.), c. 80, a. 139; 1977, c. 73, s. 5; 1992, c. 57, s. 226, s. 420.
139. Service by public notice of a writ of summons is made by publication of an order of the judge or prothonotary, calling upon the defendant to appear within a delay of thirty days or such other delay as may be fixed, and informing him that a copy of the writ and declaration has been left for him at the office of the court.
Unless the judge decides otherwise, the order is published only once; the publication takes place either
(a)  in a newspaper, designated by the judge or prothonotary, circulated in the locality of the last known address of the defendant or, if no newspaper is circulated in that locality, in the locality where he is required to appear, or
(b)  in the Gazette officielle du Québec, in the form and in accordance with the terms and conditions prescribed by the Government.
If the circumstances so require, the judge may order the publication by any other appropriate means, in particular by letter, or by an advertisement on the radio or television; he shall then determine the mode of proof of publication.
The order is published in French but if the circumstances so require, the judge may order it published in English as well.
The same rules are followed, with any necessary modifications, for the service by public notice, when it is required, of any proceeding other than a writ of summons, and for the publication of the public notices of sale provided for in articles 594 and 670.
Service by one publication is complete and is deemed to have taken place on the date of such publication; in the other cases, service is complete only when all the prescribed publications have been made, but it is deemed to have been made on the date of the first publication.
1965 (1st sess.), c. 80, a. 139; 1977, c. 73, s. 5.
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