C-25.01, r. 6.3 - Regulation respecting the Pilot project relating to digital transformation of the administration of justice

Section 4 Disposition versions

2024-04-25

4. For the duration of the Pilot project, the special procedural rules set out in this Regulation apply to the following applications:

(1)  class actions;

(2)  commercial cases instituted before the Superior Court, meaning cases where the initial application is based principally on one of the following laws or provisions:

(a)  statutes of Canada:

i.  Bankruptcy and Insolvency Act (R.S.C. 1985, c. B-3);

ii.  Companies’ Creditors Arrangement Act (R.S.C. 1985, c. C-36);

iii.  Winding-up and Restructuring Act (R.S.C. 1985, c. W-11);

iv.  Canada Business Corporations Act (R.S.C. 1985, c. C-44);

v.  Bank Act (S.C. 1991, c. 46);

vi.  Farm Debt Mediation Act (S.C. 1997, c. 21);

vii.  Commercial Arbitration Act (R.S.C. 1985, c. 17 (2nd Suppl.));

(b)  statutes of Québec:

i.  articles 527, 645 and 647 of the Code of Civil Procedure (chapter C-25.01), which concern the homologation of an arbitration award, as well as articles 507 and 508 of the Code, which concern the recognition and enforcement of an arbitration award made outside Québec;

ii.  Companies Act (chapter C-38);

iii.  Winding-Up Act (chapter L-4);

iv.  Securities Act (chapter V-1.1);

v.  Act respecting the regulation of the financial sector (chapter E-6.1);

vi.  Business Corporations Act (chapter S-31.1);

(3)  a case deemed to be of a commercial nature on a decision of the Chief Justice of the Superior Court or a judge designated by the Chief Justice, made on initiative or on application;

(4)  applications dealt with according to the procedure for non-contentious proceedings relating to

(a)  an authorization to consent to care that is not required by the state of health of a person under 14 years of age or incapable of giving consent, or an authorization to consent to the alienation of a part of the body of a minor or an incapable person of full age;

(b)  a declaratory judgment of death, the probate of a will, letters of verification or, in succession matters, the liquidation or the partition of a succession;

(c)  an alteration of the register of civil status;

(d)  tutorship to an absentee, to a minor or to a person of full age, emancipation of a minor, and protection mandate and temporary representation of an incapable person of full age;

(e)  the appointment, designation or replacement of any person that is required by law to be appointed, designated or replaced by the court on its own initiative or in the absence of an agreement between the interested parties, as well as applications of a similar nature relating to tutorship to a minor, tutorship to a person of full age, a protection mandate, temporary representation of an incapable person of full age, a succession or the administration of the property of others;

(f)  administration of undivided property, of a trust or of the property of others;

(g)  the issue of a notarial act or the replacement or reconstitution of a writing; and

(h)  disinterment.

M.O. 2024-5193, s. 4.

Not in force

In force: 2024-04-25

4. For the duration of the Pilot project, the special procedural rules set out in this Regulation apply to the following applications:

(1)  class actions;

(2)  commercial cases instituted before the Superior Court, meaning cases where the initial application is based principally on one of the following laws or provisions:

(a)  statutes of Canada:

i.  Bankruptcy and Insolvency Act (R.S.C. 1985, c. B-3);

ii.  Companies’ Creditors Arrangement Act (R.S.C. 1985, c. C-36);

iii.  Winding-up and Restructuring Act (R.S.C. 1985, c. W-11);

iv.  Canada Business Corporations Act (R.S.C. 1985, c. C-44);

v.  Bank Act (S.C. 1991, c. 46);

vi.  Farm Debt Mediation Act (S.C. 1997, c. 21);

vii.  Commercial Arbitration Act (R.S.C. 1985, c. 17 (2nd Suppl.));

(b)  statutes of Québec:

i.  articles 527, 645 and 647 of the Code of Civil Procedure (chapter C-25.01), which concern the homologation of an arbitration award, as well as articles 507 and 508 of the Code, which concern the recognition and enforcement of an arbitration award made outside Québec;

ii.  Companies Act (chapter C-38);

iii.  Winding-Up Act (chapter L-4);

iv.  Securities Act (chapter V-1.1);

v.  Act respecting the regulation of the financial sector (chapter E-6.1);

vi.  Business Corporations Act (chapter S-31.1);

(3)  a case deemed to be of a commercial nature on a decision of the Chief Justice of the Superior Court or a judge designated by the Chief Justice, made on initiative or on application;

(4)  applications dealt with according to the procedure for non-contentious proceedings relating to

(a)  an authorization to consent to care that is not required by the state of health of a person under 14 years of age or incapable of giving consent, or an authorization to consent to the alienation of a part of the body of a minor or an incapable person of full age;

(b)  a declaratory judgment of death, the probate of a will, letters of verification or, in succession matters, the liquidation or the partition of a succession;

(c)  an alteration of the register of civil status;

(d)  tutorship to an absentee, to a minor or to a person of full age, emancipation of a minor, and protection mandate and temporary representation of an incapable person of full age;

(e)  the appointment, designation or replacement of any person that is required by law to be appointed, designated or replaced by the court on its own initiative or in the absence of an agreement between the interested parties, as well as applications of a similar nature relating to tutorship to a minor, tutorship to a person of full age, a protection mandate, temporary representation of an incapable person of full age, a succession or the administration of the property of others;

(f)  administration of undivided property, of a trust or of the property of others;

(g)  the issue of a notarial act or the replacement or reconstitution of a writing; and

(h)  disinterment.

M.O. 2024-5193, s. 4.