F-3.2.0.1.1, r. 1 - Regulation respecting applications for assistance for a class action

Updated to 1 January 2016

This document has official status.

chapter F-3.2.0.1.1, r. 1

Regulation respecting applications for assistance for a class action

Act respecting the Fonds d’aide aux actions collectives

(chapter F-3.2.0.1.1, s. 39).

The former alphanumerical designation of this Regulation was: chapter R-2.1, r. 1.

DIVISION I FORM OF THE APPLICATION AND REPORTS

1. The application for assistance shall be:

(a)  typewritten and 4 copies shall be sent to the Fonds d’aide aux actions collectives;

(b)  signed by the applicant if he is a natural person or by another person duly authorized to do so by the legal person or association referred to in section 20 of the Act respecting the Fonds d’aide aux actions collectives (chapter F-3.2.0.1.1).

R.R.Q., 1981, c. R-2.1, r. 1, s. 1; I.N. 2016-01-01 (NCCP).

2. Reports shall be:

(a)  typewritten and one copy shall be sent to the Fonds;

(b)  signed by the recipient or his attorney.

R.R.Q., 1981, c. R-2.1, r. 1, s. 2.

DIVISION II CONTENT OF THE APPLICATION AND REPORTS

3. The application for assistance shall:

(a)  if the applicant is a natural person, indicate his name, age, address, occupation, and where applicable, the name and address of his attorney;

(b)  if the applicant is a legal person referred to in section 20 of the Act respecting the Fonds d’aide aux actions collectives (chapter F-3.2.0.1.1), indicate the name of the firm, the address, and where applicable, the name and address of its attorney;

(c)  if the applicant is an association referred to in section 20 of the Act respecting the Fonds d’aide aux actions collectives, indicate the name of the association as it appears on the certificate of the Administrative Labour Tribunal, the address and where applicable, the name and address of its attorney;

(d)  if the applicant is a legal person or an association referred to in section 20 of the Act respecting the Fonds d’aide aux actions collectives:

i.  indicate which of its members brings or intends to bring a class action on behalf of the group;

ii.  show that the interest of that member is linked to the objectives for which the legal person or association has been constituted or formed;

iii.  show that that member was a member of the legal person or association when the right to be claimed arose;

(e)  indicate the basis of his claim and the essential facts upon which the applicant intends to base the class action and a description of the group on behalf of which he brings or intends to bring the class action;

(f)  indicate the amount of the assistance required and the intended employment thereof by the applicant;

(g)  indicate if the applicant is seeking temporary assistance before the Fonds renders a decision on the application, and where applicable, indicate the amount of the temporary assistance and reasons in support of the application;

(h)  indicate if the applicant has applied to the Superior Court to obtain authorization to bring a class action. If such authorization has not been requested, indicate the judicial district in which the applicant intends to file his application for authorization, and the date on which he intends to do so;

(i)  indicate if the applicant wishes to meet with the Fonds with or without an attorney before the Fonds decides on the application; and

(j)  authorize the Fonds to verify the accuracy of the information provided.

R.R.Q., 1981, c. R-2.1, r. 1, s. 3; I.N. 2016-01-01 (NCCP).

4. The reports shall:

(a)  include a detailed statement of the expenditures made by the recipient;

(b)  indicate the total amount of the expenditures made by the recipient at the time of the preparation of each report and the balance of the sums paid out by the Fonds that have not yet been utilized.

R.R.Q., 1981, c. R-2.1, r. 1, s. 4.

DIVISION III DOCUMENTS OR INFORMATION WHICH SHALL ACCOMPANY THE APPLICATION

5. The application shall be accompanied by:

(a)  an affidavit by the applicant certifying that the information provided in the application is accurate, and that is personally signed by the applicant if he is a natural person, or by a person duly authorized to do so by the legal person or association referred to in section 20 of the Act respecting the Fonds d’aide aux actions collectives (chapter F-3.2.0.1.1);

(b)  a list of the names, occupations and addresses of the members of the group who have made themselves known; if they are unknown, an estimate of their number shall be given;

(c)  a statement by the applicant of his financial condition and that of the members of the group who have made themselves known. The statement shall include in particular:

i.  the name and address of their employer if they receive earnings from a job and, if they have a business, the name and address and the type of business;

ii.  any other revenues or services available to him for the bringing of the class action;

(d)  a copy of all contracts or any other documents that may exist on which the applicant’s individual recourse is based as well as a copy of any contract or document on which the recourses of other members are based and which the applicant has in his possession;

(e)  where applicable, a copy of the application filed with the Superior Court to obtain the authorization to bring a class action, and a copy of the judgment of the said Court deciding on the application and any other proceeding filed or judgment rendered in relation to the class action;

(f)  if the applicant is a legal person referred to in section 20 of the Act respecting the Fonds d’aide aux actions collectives, a copy of the letters patent. If the applicant is an association referred to in the same article, a copy of a certificate from the Administrative Labour Tribunal.

R.R.Q., 1981, c. R-2.1, r. 1, s. 5; I.N. 2016-01-01 (NCCP).

DIVISION IV RECEIPT OF THE APPLICATION AND MEETING WITH THE APPLICANT

6. An application is considered received by the Fonds when it is completed in conformance with the requirements prescribed by the Act respecting the Fonds d’aide aux actions collectives (chapter F-3.2.0.1.1) and by this Regulation, and has reached the head office of the Fonds.

R.R.Q., 1981, c. R-2.1, r. 1, s. 6.

7. Upon receipt of an application, the secretary shall send a letter of acknowledgement by registered mail to the applicant or his attorney and where necessary, notify the applicant or his attorney to see to the completion of the application.

R.R.Q., 1981, c. R-2.1, r. 1, s. 7; I.N. 2016-01-01 (NCCP).

8. Where the Fonds deems it necessary to meet with an applicant or his attorney, the secretary shall send by registered mail to the applicant or his attorney, at least 5 days before the date of the meeting, a notice of convocation indicating the date, time and place of the meeting.

R.R.Q., 1981, c. R-2.1, r. 1, s. 8; I.N. 2016-01-01 (NCCP).

9. The Fonds may, on the conditions it determines, postpone or adjourn to a fixed date or on the earliest available date the meeting that was to be held with the applicant or his attorney. Where the meeting is postponed or adjourned, the secretary shall send a new notice of convocation or notify the applicant or his attorney in a manner prescribed by the Fonds.

R.R.Q., 1981, c. R-2.1, r. 1, s. 9.

10. The secretary shall enter in the minutes of the meeting the name of the applicant or his attorney and the papers and documents filed at that time and enter the decision in the record of the Fonds.

R.R.Q., 1981, c. R-2.1, r. 1, s. 10.

11. The Fonds may require that the evidence be given under oath.

R.R.Q., 1981, c. R-2.1, r. 1, s. 11.

12. The Fonds and the applicant or his attorney may request that the evidence be taken in shorthand, by stenotypy or by any other similar means. The costs, however, shall be paid by the party that makes the request. The evidence shall be added to the record to become part and parcel thereof.

R.R.Q., 1981, c. R-2.1, r. 1, s. 12.

DIVISION V DECISIONS OF THE FONDS

13. The secretary shall file in the record the original copy of the decision rendered by the Fonds and send a certified copy of the decision to the applicant or his attorney by registered mail or by any other means authorized by the Fonds.

R.R.Q., 1981, c. R-2.1, r. 1, s. 13; I.N. 2016-01-01 (NCCP).

14. Where the Fonds decides to suspend or diminish assistance to the recipient in accordance with the terms of the agreement made with the latter or when it ceases assistance pursuant to section 34 of the Act respecting the Fonds d’aide aux actions collectives (chapter F-3.2.0.1.1), the secretary shall send a certified copy of such decision to the recipient or his attorney by registered mail or by any other means authorized by the Fonds. The secretary shall also give notice of such decision to the clerk of the Superior Court of the district in which the class action was brought.

R.R.Q., 1981, c. R-2.1, r. 1, s. 14; I.N. 2016-01-01 (NCCP).

DIVISION VI AMOUNT THAT AN ADMINISTRATOR MAY GRANT IN ACCORDANCE WITH SECTION 26

15. The maximum amount that an administrator may grant for temporary assistance in accordance with section 26 of the Act respecting the Fonds d’aide aux actions collectives (chapter F-3.2.0.1.1) is $1,000.

R.R.Q., 1981, c. R-2.1, r. 1, s. 15.

DIVISION VII GENERAL PROVISIONS

16. A record respecting an application is confidential and may only be consulted upon the authorization of the Fonds.

R.R.Q., 1981, c. R-2.1, r. 1, s. 16.

17. Where the day prescribed for a proceeding is a holiday, a Saturday, 26 December or 2 January, or if a deadline expires on such a day, the proceeding may legitimately take place on the following judicial day, and the aforesaid deadline shall be extended to the said day.

R.R.Q., 1981, c. R-2.1, r. 1, s. 17; I.N. 2016-01-01 (NCCP).

REFERENCES

R.R.Q., 1981, c. R-2.1, r. 1

S.Q. 2015, c. 15, s. 237