TITLE V MISCELLANEOUS PROVISIONS

1045. The court may, at any stage of the proceedings in a class action, prescribe measures designed to hasten their progress and to simplify the proof, if they do not prejudice a party or the members; it may also order the publication of a notice to the members when it considers it necessary for the preservation of their rights.

1978, c. 8, s. 3.

1046. Every notice that must be given to the members must be written in plain language that will be easily understood by the persons to whom it is addressed. It must contain the description of the group and indicate the names of the parties and their addresses or the addresses of their attorneys. The court may authorize the publication and, if the court considers it expedient, the dissemination of a summary of the notice, which must state that the full text of the notice is available at the office of the court and that in the event of a discrepancy between the summary and the full text of the notice, the latter prevails.

When the court orders the publication or dissemination of a notice, it determines the date, the form and the mode of such publication or dissemination according to publication costs, the nature of the case, the composition of the group and the geographic distribution of the members; where applicable, it indicates by name or description the members who are to be notified individually.

Except in the case of a notice under article 1006, 1025 or 1030, the court also determines the information to be included in the notice.

1978, c. 8, s. 3; 2002, c. 7, s. 155.

1047. Where the Cities and Towns Act (chapter C-19), the Municipal Code (chapter C-27.1) or a municipal charter provides for the sending of a notice of claim as a precondition to the exercise of a recourse, the notice given by a member is valid for all the members of the group and the insufficiency of the notice cannot be urged against the representative.

1978, c. 8, s. 3.

1048. A legal person established for a private interest, partnership or association defined in the second paragraph of article 999 may apply for the status of representative if

(a) one of its members designated by it is a member of the group on behalf of which it intends to bring a class action; and

(b) the interest of that member is linked to the objects for which the legal person or association has been constituted.

No legal person established for a private interest, partnership or association, except a legal person governed by Part III of the Companies Act (chapter C-38), a cooperative governed by the Cooperatives Act (chapter C-67.2) or an association of employees within the meaning of the Labour Code (chapter C-27), may obtain financial assistance from the Fonds d\'aide aux recours collectifs for the prosecution of a class action.

1978, c. 8, s. 3; 1982, c. 37, s. 23; 1982, c. 26, s. 290; 1992, c. 57, s. 417; 2002, c. 7, s. 156; 2002, c. 54, s. 10.

1049. The representative or member who applies to act as such must be represented by an attorney.

1978, c. 8, s. 3.

1050. (Repealed).

1978, c. 8, s. 3; 1992, c. 57, s. 418.

1050.1. In the case of a condemnation to pay the costs, the judicial fees are computed as in the case of an action of class II-A in the Tariff of judicial fees of advocates (R.R.Q., 1981, chapter B-1, r. 13) and, in the computation, section 42 of the tariff does not apply.

The special fee provided for in the tariff for important cases may only be granted after the final judgment is rendered, on a motion served on the opposite party and on the Fonds d\'aide aux recours collectifs if it has complied with the obligation provided in the first paragraph of section 32 of the Act respecting the class action (chapter R-2.1); the court shall not then take into account that the Fonds d\'aide aux recours collectifs may have guaranteed the payment of all or part of the costs.

1982, c. 37, s.

1050.2. A central registry of applications for authorization to institute a class action is kept at the office of the Superior Court, under the authority of the chief justice.

2002, c. 7, s. 158.

1051. The provisions of the other books of this Code that are inconsistent with this Book, particularly the second paragraph of article 172 and articles 270 to 272 and 382 to 394, do not apply to suits for the purposes of which the class action is brought.

1978, c. 8, s. 3.

1052. (This article ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

BOOK X

Repealed, 2002, c. 7, s. 159.

SCHEDULE 1

(Repealed).

1975, c. 83, s. 83; 1978, c. 8, s. 4; 1992, c. 57, s. 419; 1996, c. 5, s. 62; 2002, c. 7, s. 159.

SCHEDULE 2

(Repealed).

1975, c. 83, s. 83; 1977, c. 73, s. 44; 1986, c. 85, s. 3; 1992, c. 57, s. 419; 1999, c. 40, s. 56; 2002, c. 7, s. 159.

SCHEDULE 3

(Repealed).

1992, c. 57, s. 419; 2002, c. 7, s. 159.

SCHEDULE 4

(Repealed).

1999, c. 46, s. 18; 2002, c. 7, s. 159.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 80 of the statutes of 1965 (1st session), in force on 31 December 1977, is repealed, except articles 1 (part) and 952, effective from the coming into force of chapter C-25 of the Revised Statutes.

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