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“Point in Time” Act Content

CLASS PROCEEDINGS ACT

[RSBC 1996] CHAPTER 50

NOTE: Links below go to act content as it was prior to the changes made on the effective date. (PIT covers changes made from September 6, 2000 to "current to" date of the act.)
SECTIONEFFECTIVE DATE
1October 1, 2018
 October 1, 2018
2July 1, 2010
 October 1, 2018
3.1October 1, 2018
4October 1, 2018
 October 1, 2018
4.1October 1, 2018
5July 1, 2010
6October 1, 2018
8October 1, 2018
16October 1, 2018
17July 1, 2010
19December 4, 2006
 October 1, 2018
27July 1, 2010
33March 10, 2016
34November 27, 2018
36July 18, 2022
Part 4, Division 4, Sections 36.1 and 36.2November 27, 2018
38July 1, 2010
38.1October 21, 2004
40July 1, 2010
44October 1, 2018
45November 27, 2018

  Section 1 definition of "class proceeding" BEFORE amended by 2018-16-1(a), effective October 1, 2018 (BC Reg 129/2018).

"class proceeding" means a proceeding certified as a class proceeding under Part 2;

  Section 1 definition of "multi-jurisdictional class proceeding" was added by 2018-16-1(b), effective October 1, 2018 (BC Reg 129/2018).

  Section 2 (3) (a) (i) and (ii) BEFORE amended by 2010-6-28, effective July 1, 2010.

(i)  the date on which the last appearance or statement of defence was delivered, and

(ii)  the date on which the time prescribed by the Rules of Court for delivery of the last appearance or statement of defence expires without its being delivered, or

  Section 2 (1) and (2) BEFORE amended by 2018-16-2, effective October 1, 2018 (BC Reg 129/2018).

(1) One member of a class of persons who are resident in British Columbia may commence a proceeding in the court on behalf of the members of that class.

(2) The person who commences a proceeding under subsection (1) must make an application to a judge of the court for an order certifying the proceeding as a class proceeding and, subject to subsection (4), appointing the person as representative plaintiff.

  Section 3.1 was enacted by 2018-16-3, effective October 1, 2018 (BC Reg 129/2018).

  Section 4 (1) (part) BEFORE amended by 2018-16-4(a), effective October 1, 2018 (BC Reg 129/2018).

(1) The court must certify a proceeding as a class proceeding on an application under section 2 or 3 if all of the following requirements are met:

  Section 4 (3) and (4) were added by 2018-16-4(b), effective October 1, 2018 (BC Reg 129/2018).

  Section 4.1 was enacted by 2018-16-5, effective October 1, 2018 (BC Reg 129/2018).

  Section 5 (2), (3) and (4) BEFORE amended by 2010-6-29, effective July 1, 2010.

(2)  A copy of the notice of motion and supporting affidavit must be filed and

(a) delivered to all persons who are parties of record, and

(b) served on any other persons named in the style of proceedings.

(3)  Unless otherwise ordered, there must be at least 14 days between

(a) the delivery or service of a notice of motion and supporting affidavit, and

(b) the day named in the notice of motion for the hearing.

(4)  Unless otherwise ordered, a person to whom a notice of motion and affidavit is delivered under this section or on whom a notice of motion and affidavit is served under this section must, not less than 5 days or such other period as the court may order before the date of the hearing of the application, file an affidavit and deliver a copy of the filed affidavit to all persons who are parties of record.

  Section 6 (2) BEFORE repealed by 2018-16-6, effective October 1, 2018 (BC Reg 129/2018).

(2) A class that comprises persons resident in British Columbia and persons not resident in British Columbia must be divided into subclasses along those lines.

  Section 8 (1) (g) BEFORE repealed by 2018-16-7, effective October 1, 2018 (BC Reg 129/2018).

(g) state the manner in which and the time within which a person who is not a resident of British Columbia may opt in to the proceeding, and

  Section 16 (2), (3), (4) and (5) BEFORE repealed by 2018-16-8, effective October 1, 2018 (BC Reg 129/2018).

(2) Subject to subsection (4), a person who is not a resident of British Columbia may, in the manner and within the time specified in the certification order made in respect of a class proceeding, opt in to that class proceeding if the person would be, but for not being a resident of British Columbia, a member of the class involved in the class proceeding.

(3) A person referred to in subsection (2) who opts in to a class proceeding is from that time a member of the class involved in the class proceeding for every purpose of this Act.

(4) A person may not opt in to a class proceeding under subsection (2) unless the subclass of which the person is to become a member has or will have, at the time the person becomes a member, a representative plaintiff who satisfies the requirements of section 6 (1) (a), (b) and (c).

(5) If a subclass is created as a result of persons opting in to a class proceeding under subsection (2), the representative plaintiff for that subclass must ensure that the certification order for the class proceeding is amended, if necessary, to comply with section 8 (2).

  Section 17 (1) and (4) BEFORE amended by 2010-6-97,Sch 7, effective July 1, 2010.

(1)  Parties to a class proceeding have the same rights of discovery under the Rules of Court against one another as they would have in any other proceeding.

(4)  A class member is subject to the same sanctions under the Rules of Court as a party for failure to submit to discovery.

  Section 19 (6) (g) BEFORE amended by BC Reg 335/2006 under RS1996-440-12, effective December 4, 2006 (BC Reg 335/2006).

(g) state that the judgment on the common issues for the class, whether favorable or not, will bind all class members who do not opt out of the proceeding,

  Section 19 (6) (c) BEFORE repealed by 2018-16-9, effective October 1, 2018 (BC Reg 129/2018).

(c) state the manner in which and the time within which a person who is not a resident of British Columbia may opt in to the proceeding,

  Section 27 (1) (b) BEFORE amended by 2010-6-97,Sch 7, effective July 1, 2010.

(b) appoint one or more persons including, without limitation, one or more independent experts, to conduct an inquiry into those individual issues under the Rules of Court and report back to the court, or

  Section 33 (5) (b) BEFORE amended by 2016-5-44,Sch 6, effective March 10, 2016 (Royal Assent).

(b) in installments, on the terms the court considers appropriate.

  Section 34 BEFORE repealed by 2018-49-19, effective November 27, 2018 (Royal Assent).

Undistributed award

34   (1) The court may order that all or any part of an award under this Division that has not been distributed within a time set by the court be applied in any manner that may reasonably be expected to benefit class or subclass members, even though the order does not provide for monetary relief to individual class or subclass members.

(2) In deciding whether to make an order under subsection (1), the court must consider

(a) whether the distribution would result in unreasonable benefits to persons who are not members of the class or subclass, and

(b) any other matter the court considers relevant.

(3) The court may make an order under subsection (1) whether or not all the class or subclass members can be identified or all their shares can be exactly determined.

(4) The court may make an order under subsection (1) even if the order would benefit

(a) persons who are not class or subclass members, or

(b) persons who may otherwise receive monetary relief as a result of the class proceeding.

(5) If any part of an award that, under section 32 (1), is to be divided among individual class or subclass members remains unclaimed or otherwise undistributed after a time set by the court, the court may order that that part of the award

(a) be applied against the cost of the class proceeding,

(b) be forfeited to the government, or

(c) be returned to the party against whom the award was made.

  Section 36 (2) BEFORE amended by 2021-6-53, effective July 18, 2022 (BC Reg 120/2022).

(2) If a representative plaintiff does not appeal as permitted by subsection (1) within the time limit for bringing an appeal set under section 14 (1) (a) of the Court of Appeal Act or if a representative plaintiff abandons an appeal under subsection (1), any member of the class or subclass for which the representative plaintiff had been appointed may apply to a justice of the Court of Appeal for leave to act as the representative plaintiff for the purposes of subsection (1).

  Part 4, Division 4, sections 36.1 and 36.2, was enacted by 2018-49-20, effective November 27, 2018 (Royal Assent).

  Section 38 (7) (b) BEFORE amended by 2010-6-97,Sch 7, effective July 1, 2010.

(b) direct an inquiry, assessment or accounting under the Rules of Court to determine the amount owing,

  Section 38.1 was enacted by 2004-65-1, effective October 21, 2004 (Royal Assent).

  Section 40 BEFORE amended by 2010-6-97,Sch 7, effective July 1, 2010.

 Rules of Court

40  The Rules of Court apply to class proceedings to the extent that those rules are not in conflict with this Act.

  Section 44 was enacted by 2018-16-10, effective October 1, 2018 (BC Reg 129/2018).

  Section 45 was enacted by 2018-49-21, effective November 27, 2018 (Royal Assent).