How do I file and serve the notice of application and the supporting affidavit?
First, you must file the notice of application and supporting affidavit in the court office. The application must be filed at the court office nearest to where the premises are located.
When you file the notice of application and supporting affidavit, you must also pay the prescribed filing fee.
For an overview of the Residential Tenancies Act process, view this flowchart.
After the documents are filed at the court, you must serve them on the other person. You can serve the documents by handing them to the other person, or you can send them by registered mail (which requires the recipient to sign that he or she has received the documents). Keep your postal receipt and also contact the post office to get either
- an acknowledgement of receipt or
- a certificate of delivery confirmation.
Section 57 of the Residential Tenancies Act (s.60 Mobile Home Sites Tenancies Act) sets out the details of how you may effect service.
Time limits for serving documents
You must ensure that the documents are served at least 3 business days before the application is to be heard. The 3 days do not include the date the documents are served, the date of the hearing, or any Saturday, Sunday or statutory holiday. For example, if the application is to be heard on a Monday, the documents must be served no later than the preceding Tuesday.
If you are serving documents by registered mail, keep in mind that the 3-day period is measured from when the other party receives the documents, not from when the documents are put in the mail.
Swearing/affirming the affidavit of service
The person who served the notice of application and supporting affidavit must swear/affirm the affidavit of service
- Take the affidavit of service to be sworn/affirmed to a commissioner for oaths. You can do this at any court office.
- If you served the documents on an individual by registered mail, give the commissioner the postal receipt and the acknowledgment of receipt certificate or delivery confirmation. The commissioner will attach and mark the receipts and documents as exhibits.
- If you served the documents on a corporation by registered mail, give the commissioner for oaths the postal receipt to attach to the affidavit of service.
Note: Because you do not need a signature when registered mail is delivered to a corporation, the documents are considered served
- 7 days from the date of mailing to an address in Alberta, and
- 14 days if mailed to an address in Canada, outside of Alberta.