In a legal matter, getting a document to someone is not always the same as serving it. Some documents in Québec must be handed over by a bailiff (huissier de justice). Others can be sent by email, registered mail or courier, as long as the proof of delivery is kept and filed. This guide explains the difference using Justice Québec's public guidance, compares the four main methods, and shows what a courier's receipt should contain so your lawyer can use it. It is general information, not legal advice: your lawyer or notary decides which method applies to your file.
Quick answer
- Some documents must be served by a bailiff. Justice Québec's guides list originating applications such as a divorce application, and a witness subpoena, among them.
- Documents that do not require a bailiff can be sent by technological means (email or fax), by registered mail or by courier. Examples include most applications made after proceedings have begun.
- In Justice Québec's description, courier delivery means the document is delivered personally and the recipient signs a receipt. A copy of that receipt is attached to the document filed with the court.
- A bailiff gives a certificate of service. Justice Québec says bailiff fees generally range from $40 to $200, depending on the document, the distance and the number of trips.
- Ask your lawyer which method applies before you book. A courier cannot give legal advice, and cannot turn a delivery into a service that the rules reserve for a bailiff.
Serving, Notifying, Delivering: Why the Words Matter
Everyday speech treats "delivering a document" as one act. In court proceedings it is not. Justice Québec uses the word notify for getting a procedural document to the other party in a way that can be proven, and it distinguishes documents that a bailiff must hand over from documents that can travel by other means. The courier's part is real but limited: it moves the paper to the right person and produces a signed receipt. Whether that is enough depends on the document.
Justice Québec publishes this guidance in several places, including a guide for people in family court and a guide for proceedings involving a loss of autonomy. The methods and the proof they require are described in the same way in both. Your own file may have its own rules, so treat what follows as a map and let your lawyer confirm the route.
When a Bailiff Is Required
Justice Québec states that a bailiff is required for some documents, which must be handed directly to the recipient. The examples in its guides include:
- A divorce application and other originating applications, such as an application about custody or child support.
- A subpoena calling a witness to testify.
- Applications to homologate a protection mandate, served with a notice of presentation, and applications for tutorship to a person of full age or for temporary representation.
Justice Québec adds that you may use a bailiff even when one is not required, but it costs more. Bailiffs can be found through the directory of the Chambre des huissiers de justice du Québec. If your lawyer tells you a bailiff is needed, book one. A courier is the wrong tool for that job, however fast.
The Four Methods Compared
| Method | When Justice Québec says it can be used | Proof you keep |
|---|---|---|
| Bailiff | Required for some documents. Optional for others, at a higher cost (generally $40 to $200) | A certificate of service stating to whom, where, when and at what time. Keep a copy and file the original, or agree that the bailiff files it |
| Courier | Documents that do not require a bailiff. Delivered personally, with the recipient signing a receipt | A copy of the signed receipt, attached to the document filed with the court |
| Registered mail | Documents that do not require a bailiff. The recipient signs on receipt | Proof of delivery with the signature, available online or at Canada Post with the tracking number, attached to the filed document |
| Email or fax | Documents that do not require a bailiff, sent to an address or number the recipient actively uses. If the recipient has no lawyer, you need their permission or the court's | A transmission slip listing the nature of the document, the court file number, names and contact details, place, date, time, format and page count or size |
Justice Québec gives examples of documents that do not need a bailiff: documents sent to the Public Curator, answers to a divorce application, and most applications made after proceedings have begun. The practical reading is that a courier fits the large middle ground of ordinary procedural paper between lawyers and parties, and a bailiff fits the documents that start a case or compel a witness.
What a Courier Receipt Should Show
Justice Québec asks for one thing from a courier delivery: that the recipient signs a receipt. A receipt that is easy to read and easy to match to a file is more useful to your lawyer. These are our recommendations, not requirements from the guides:
- The signer's printed name and signature. A signature alone can be impossible to read years later.
- The date, the time and the address of the hand-over.
- What was delivered. The document title and the court file number, or your lawyer's reference, written on the receipt.
- The courier's name and the booking reference, in case anyone needs to ask what happened.
- An attempt log. If the recipient was absent, the receipt should say when the courier came and what was done, so that a later delivery can be explained.
Our guide to delivery verification compares signature, ID check, photo and PIN, and explains what each one actually proves.
How to Brief the Courier
- Get your lawyer's answer first. Which method, which document, which deadline.
- Name the person who must receive it. Because Justice Québec describes courier notification as personal delivery, ask the courier to hand the envelope to the named person and not to a front desk, unless your lawyer says otherwise.
- Seal the envelope and label it with the recipient's name. The courier does not need to know what is inside.
- Give a clear deadline and say what to do if the person is not there: wait, retry, or call you.
- Ask for the receipt the same day. A photo of the signed receipt by email, followed by the original, lets your lawyer start the filing paperwork without waiting.
- Keep every receipt, including failed attempts. They show diligence if the delivery is challenged.
For courthouse filings and counter deadlines, see courthouse document delivery in Montréal. If you are choosing a provider, our guide to choosing a legal courier lists what to check.
Common Mistakes
- Using a courier for a document that a bailiff must serve, and discovering it after the deadline.
- Leaving the envelope with a receptionist when the guidance describes personal delivery.
- Losing the signed receipt, or filing a receipt that does not say which document it covers.
- Sending to an old address, or to an email address the recipient does not actively use.
- Waiting until the last day, which leaves no room for a second attempt.
Frequently Asked Questions
Can a courier replace a bailiff in Québec?
Only for documents that do not require a bailiff. Justice Québec says a bailiff is required for some documents, such as an originating application or a witness subpoena, and that other documents can be sent by technological means, registered mail or courier. Your lawyer decides which category your document falls into.
How much does a bailiff cost?
Justice Québec says bailiff fees generally range from $40 to $200, depending on the document, the distance and the number of trips. Using a bailiff when one is not required costs more than the alternatives.
What proof do I get from a courier delivery?
A receipt signed by the recipient. Justice Québec says to ask the courier to have the recipient sign it and to attach a copy to the document filed with the court. A printed name, date, time and file reference make the receipt easier to rely on.
Can I just send a legal document by email?
For documents that do not require a bailiff, Justice Québec says you can send them by email or fax to an address or number the recipient actively uses. If the recipient has no lawyer, you need their permission or the court's, and you prepare a transmission slip as proof.
Who decides which method to use?
Your lawyer or notary. The guides from Justice Québec are general information and say so. A courier moves the document and records the hand-over, but does not decide how the rules apply to your case.
Deliver It in the Way the Rules Expect
The right question is not "how fast can this arrive?" but "what must the delivery prove?" Settle that with your lawyer first. When a courier is the right method, a named recipient, a sealed envelope and a legible signed receipt give your file what it needs.
Rush Expedited Courier delivers legal documents across Montréal and beyond, with dispatch around the clock. Tell us about the document and the deadline using the quote form; the other lanes we run are listed under courier services.
Sources and Further Reading
Facts on this page were checked against the sources below on October 28, 2026.
- Justice Québec: Legal proceedings and loss of autonomy, how to notify your documents
- Justice Québec: Separation or divorce proceedings, how to notify your documents