O. Reg. 497/20: GENERALSkip to content
Class Proceedings Act, 1992
Historical version for the period September 16, 2020 to September 30, 2020.
Note: THIS REGULATION IS NOT YET IN FORCE. It comes into force on October 1, 2020, the day section 35 of Schedule 4 to the Smarter and Stronger Justice Act, 2020 comes into force.
This is the English version of a bilingual regulation.
Registration of proceedings
1. (1) In this section,
“National Class Action Database” means the National Class Action Database of the Canadian Bar Association, available on the Association’s website.
(2) For the purposes of subsection 2 (1.1) of the Act, a proceeding shall be registered, on the day it is commenced, by submitting a copy of the originating process as issued by the court to the National Class Action Database and completing the steps for registration specified on the Canadian Bar Association’s website.
(3) For greater certainty, the timing of the publication of the proceeding in the National Class Action Database has no bearing on whether the proceeding was registered in accordance with subsection (2).
(4) In the case of an action commenced by the issuance of a notice of action, the person who registered the proceeding shall, on the day the statement of claim in the action is filed with the court, submit a copy of the statement of claim to the National Class Action Database.
(5) The person shall, in an affidavit filed for use on the motion for certification, provide proof that the statement of claim was submitted in accordance with subsection (4).
Commencement of certain proceedings
2. A proceeding any part of which may only be commenced with leave of the court under section 138.8 of the Securities Act shall be considered, for the purposes of the following provisions, to have been commenced under section 2 of the Act on the day the originating process is issued, regardless of when the motion for leave is made:
1. Section 13.1 of the Act (carriage motions).
2. Section 29.1 of the Act (mandatory dismissal for delay).
3. Section 39 of the Act (transition).
4. Section 1 of this Regulation (registration of proceedings).
3. Omitted (provides for coming into force of provisions of this Regulation).