PROCEDURE AND RELIEF

9. Service on a foreign state

(1) Service of an originating document on a foreign state, other than on an agency of the foreign state, may be made

(a) in any manner agreed on by the state ;
(b) in accordance with any international Convention to which the state is a party; or
(c) in the manner provided in subsection (2).

(2) For the purposes of paragraph (1)(c), anyone wishing to serve an originating document on a foreign state may deliver a copy of the document, in person or by registered mail, to the Deputy Minister of Foreign Affairs or a person designated by him for the purpose, who shall transmit it to the foreign state.

(3) Service on an agency of a foreign state
Service of an originating document on an agency of a foreign state may be made

(a) in any manner agreed on by the agency ;
(b) in accordance with any international Convention applicable to the agency ; or
(c) in accordance with any applicable rules of court.

(4) Where service on an agency of a foreign state cannot be made under subsection (3), a court may, by order, direct how service is to be made.

(5) Date of service
Where service of an originating document is made in the manner provided in subsection (2), service of the document shall be deemed to have been made on the day that the Deputy Minister of Foreign Affairs or a person designated by him pursuant to subsection (2) certifies to the relevant court that the copy of the document has been transmitted to the foreign state.

10. Default judgement

(1) Where, in any proceedings in a court, service of an originating document has been made on a foreign state in accordance with subsection 9(1), (3) or (4) and the state has failed to take, within the time limited therefor by the rules of the court or otherwise by law, the initial step required of a defendant or respondent in those proceedings in that court, no further step toward judgment may be taken in the proceedings except after the expiration of at least sixty days following the date of service of the originating document.

(2) Where judgment is signed against a foreign state in any proceedings in which the state has failed to take the initial step referred to in subsection (1), a certified copy of the judgment shall be served on the foreign state

(a) where service of the document that originated the proceedings was made on an agency of the foreign state, in such manner as is ordered by the court ; or
(b) in any other case, in the manner specified in paragraph 9(1)(c) as though the judgment
were an originating document.

(3) Where, by reason of subsection (2), a certified copy of a judgment is required to be served in the manner specified in paragraph 9(1)(c), subsections 9(2) and (5) apply with such modifications as the circumstances require.

(4) Application to set aside or revoke default judgment
A foreign state may, within sixty days after service on it of a certified copy of a judgment under subsection (2), apply to have the judgment set aside or revoked.