37.1. The Fonds may grant financial assistance for the institution of a proceeding of the nature of a class action before the Federal Court of Canada, provided that
(1) the applicant proves that substantial grounds exist to warrant the institution of the proceeding before the Federal Court, rather than before the Superior Court;
(2) the applicant and at least 50% of the members of the group are Québec residents ;
(3) the subject-matter of the proceeding is one in respect of which the Federal Court - Trial Division and the Superior Court have concurrent jurisdiction.
The number of members of the group and the proportion of the members who are Québec residents may be established on the basis of existing statistics or available data.