HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1 Section 1 of the Class Proceedings Act, R.S.B.C. 1996, c. 50, is amended

(a) by repealing the definition of "class proceeding" and substituting the following:

"class proceeding" means a proceeding, including a multi-jurisdictional class proceeding, that is certified as a class proceeding under Part 2; , and

(b) by adding the following definition:

"multi-jurisdictional class proceeding" means a proceeding that is brought on behalf of a class of persons that includes persons who do not reside in British Columbia; .

2 Section 2 (1) and (2) is repealed and the following substituted:

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

(2) The member who commences a proceeding under subsection (1) must

(a) make an application to the court for an order

(i) certifying the proceeding as a class proceeding, and

(ii) subject to subsection (4), appointing the member as the representative plaintiff for the class proceeding, and

(b) give notice of the application for certification to

(i) the representative plaintiff for any multi-jurisdictional class proceeding, and

(ii) the representative plaintiff for any proposed multi-jurisdictional class proceeding

that has been commenced elsewhere in Canada and that involves the same or similar subject matter.

3 The following section is added:

Plaintiff in other proceeding may appear

3.1  A person who receives notice of an application for certification under section 2 (2) (b) may make submissions at the certification hearing.

4 Section 4 is amended

(a) in subsection (1) by striking out "The court must certify" and substituting "Subject to subsections (3) and (4), the court must certify", and

(b) by adding the following subsections:

(3) If a multi-jurisdictional class proceeding or a proposed multi-jurisdictional class proceeding has been commenced elsewhere in Canada and involves the same or similar subject matter to that of the proceeding being considered for certification, the court must determine whether it would be preferable for some or all of the claims of the proposed class members, or some or all of the common issues raised by those claims, to be resolved in the proceeding commenced elsewhere.

(4) When making a determination under subsection (3), the court must

(a) be guided by the following objectives:

(i) to ensure that the interests of all parties in each of the relevant jurisdictions are given due consideration;

(ii) to ensure that the ends of justice are served;

(iii) to avoid irreconcilable judgments, if possible;

(iv) to promote judicial economy, and

(b) consider relevant factors, including the following:

(i) the alleged basis of liability, including the applicable laws;

(ii) the stage that each of the proceedings has reached;

(iii) the plan for the proposed multi-jurisdictional class proceeding, including the viability of the plan and the capacity and resources for advancing the proceeding on behalf of the proposed class;

(iv) the location of class members and representative plaintiffs in each of the proceedings, including the ability of representative plaintiffs to participate in the proceedings and to represent the interests of class members;

(v) the location of evidence and witnesses.

5 The following section is added:

Orders in multi-jurisdictional certification

4.1  (1) The court may make any order it considers appropriate in an application to certify a multi-jurisdictional class proceeding, including an order

(a) certifying the proceeding as a multi-jurisdictional class proceeding, if

(i) the requirements in section 4 (1) are met, and

(ii) the court determines, having regard to section 4 (2) and (3), that British Columbia is the appropriate venue for the multi-jurisdictional class proceeding,

(b) refusing to certify the proceeding, if the court determines that it should proceed as a multi-jurisdictional class proceeding in another jurisdiction, or

(c) refusing to certify a portion of a proposed class, if that portion of the class contains members who may be included within a proposed class proceeding in another jurisdiction.

(2) If the court certifies a multi-jurisdictional class proceeding, it may

(a) divide the class into resident and non-resident subclasses,

(b) appoint a separate representative plaintiff for each subclass, and

(c) specify the manner in which and the time within which members of each subclass may opt out of the proceeding.

6 Section 6 (2) is repealed.

7 Section 8 (1) is amended by adding "and" at the end of paragraph (f) and repealing paragraph (g).

8 Section 16 (2) to (5) is repealed.

9 Section 19 (6) (c) is repealed.

10 The following section is added:

Transitional provisions – multi-jurisdictional class proceedings

44  (1) If a proceeding was certified as a class proceeding before the coming into force of this section, then sections 6 (2), 8 (1) (g), 16 (2) to (5) and 19 (6) (c), as they read immediately before the coming into force of this section, apply to the proceeding.

(2) If a proceeding was certified as a class proceeding before the coming into force of this section, the court may, on application by a party to the proceeding,

(a) amend the certification order so that persons who would have been members of the class, but for not being resident in British Columbia, are included as members of the class, and

(b) order that notice of the amended certification order be given to members of the class who are not resident in British Columbia.

(3) Sections 19 and 22 to 24 apply to the notice referred to in subsection (2) (b) as if it were a notice that must be given under section 19 (1).

(4) If a proceeding was commenced under this Act before the coming into force of this section, and the proceeding is certified as a class proceeding after the coming into force of this section, persons who would have been members of the class, but for not being resident in British Columbia, are included as members of the class.

Commencement

11  This Act comes into force by regulation of the Lieutenant Governor in Council.

 
Explanatory Notes

SECTION 1: [Class Proceedings Act, section 1] adds a definition for "multi-jurisdictional class proceeding" and amends the definition of "class proceeding".

SECTION 2: [Class Proceedings Act, section 2] updates the rules respecting the commencement of class proceedings.

SECTION 3: [Class Proceedings Act, section 3.1] provides for a procedural right in respect of an application for certification.

SECTION 4: [Class Proceedings Act, section 4]

• establishes rules for determining the appropriate jurisdiction for multi-jurisdictional class proceedings;
• is consequential to amendments made to the Act by this Bill.

SECTION 5: [Class Proceedings Act, section 4.1] sets out the powers of the court in respect of an application to certify a multi-jurisdictional class proceeding.

SECTION 6: [Class Proceedings Act, section 6] is consequential to amendments made to the Act by this Bill.

SECTION 7: [Class Proceedings Act, section 8] is consequential to amendments made to the Act by this Bill.

SECTION 8: [Class Proceedings Act, section 16] removes the rules respecting opting in to a class proceeding.

SECTION 9: [Class Proceedings Act, section 19] is consequential to amendments made to the Act by this Bill.

SECTION 10: [Class Proceedings Act, section 44] provides transitional rules for implementing the amendments made to the Act by this Bill.