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Transi-
tional -
proceedings
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14. Every proceeding commenced before
the coming into force of this section and in
respect of which any provision amended by
sections 16 to 20 applies shall be taken up
and continued under and in conformity
with that amended provision without any
further formality.
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Transi-
tional - cross
references
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15. (1) In any Act of Parliament, other
than in a provision amended by sections 16
to 20, or in any proclamation, regulation,
order, instrument or other document, a
reference to the Ontario Court (General
Division) or the Ontario Court (Provincial
Division) shall be construed, with respect to
any transaction, matter or event occurring
after the coming into force of this section, as
a reference to
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(a) in the case of the Ontario Court
(General Division), the Superior Court of
Justice or the Superior Court of Justice
in and for the Province of Ontario, as the
case may require; and
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(b) in the case of the Ontario Court
(Provincial Division), the Ontario Court
of Justice.
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Transi-
tional - seals
and forms
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(2) A reference in a court seal or printed
court form to the Ontario Court (General
Division) or the Ontario Court (Provincial
Division), or the title of an official of either
Court, does not prevent the seal or form
from being used during the one year period
following the date on which the change to
the name or title becomes effective.
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16. The following provisions are
amended by replacing the expression
``Ontario Court (General Division)'' with
the expression ``Superior Court of Justice
in and for the Province of Ontario``:
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(a) the definition ``clerk of the court'' in
subsection 71(2) of the Customs Act; and
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(b) subsections 205(1), 237(3) and 606(1)
and section 623 of the Canada Shipping
Act.
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17. The French version of the following
provisions is amended by replacing the
expression ``Cour de l'Ontario (Division
générale)'' with the expression ``Cour
supérieure de justice de l'Ontario``:
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(a) paragraph (a) of the definition
``tribunal'' in section 2 of the Bank Act;
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(b) paragraph (a.1) of the definition
``tribunal'' in subsection 2(1) of the
Canada Business Corporations Act;
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(c) paragraph (a) of the definition ``cour
supérieure'' in section 6 of the Canada
Transportation Act;
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(d) paragraph (a) of the definition
``tribunal'' in subsection 16(22) of the
Coasting Trade Act;
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(e) paragraph (a) of the definition
``tribunal'' in section 2 of the Cooperative
Credit Associations Act;
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(f) paragraph (a) of the definition
``tribunal'' in subsection 2(1) of the
Divorce Act;
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(g) paragraph 118(2)(a.1) of the
Financial Administration Act;
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(h) paragraph (a) of the definition
``tribunal'' in subsection 2(1) of the
Insurance Companies Act;
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(i) paragraph (a.1) of the definition
``juridiction supérieure'' or ``cour
supérieure'' in subsection 35(1) of the
Interpretation Act;
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(j) paragraph 21(a.1) of the Merchant
Seamen Compensation Act;
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(k) paragraph (a) of the definition ``cour
supérieure'' in subsection 4(1) of the
Railway Safety Act; and
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(l) paragraph (a) of the definition
``tribunal'' in section 2 of the Trust and
Loan Companies Act.
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18. The following provisions are
amended by replacing the expression
``Ontario Court (General Division)'' with
the expression ``Superior Court of Justice``:
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(a) paragraph 183(1)(a) of the
Bankruptcy and Insolvency Act;
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(b) paragraph (c.1) of the definition
``judge'' or ``the judge'' in subsection
2(1) and paragraph 186(1)(a.1) of the
Canada Elections Act;
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(c) paragraph (a.1) of the definition
``court'' in section 2 of the Companies'
Creditors Arrangement Act;
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(d) paragraph (a) of the definition
``superior court of criminal jurisdiction''
in section 2, paragraph (a) of the
definition ``appeal court'' in subsection
100(11), paragraph (a.1) of the definition
``court'' in subsection 164(8), paragraph
(a.1) of the definition ``court'' in
subsection 320(8), columns II and III of
the schedule to Part XXV in respect of
Ontario and paragraph 812(a) of the
Criminal Code;
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(e) paragraph (a) of the definition
``court'' in subsection 71(2) and
paragraph 138(5)(a) of the Customs Act;
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(f) the definition ``clerk'' or ``clerk of the
court'' and paragraph (a) of the
definition ``court'' in subsection 2(1) of
the Dominion Controverted Elections Act;
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(g) paragraph (a.1) of the definition
``judge'' in section 74 of the Fisheries Act;
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(h) paragraph (a) of the definition
``court'' in section 2 of the Fugitive
Offenders Act;
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(i) paragraph (a.1) of the definition
``judge'' in subsection 93.1(9) and
paragraph (a.1) of the definition ``judge''
in subsection 102.2(9) of the Immigration
Act;
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(j) paragraph 14.3(5)(a.1) of the Indian
Act;
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(k) paragraph (a) of the definition
``judge'' in subsection 2(1) of the Mutual
Legal Assistance in Criminal Matters Act;
and
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(l) paragraph (a.1) of the definition
``court'' in section 2 and subsection
136(2) of the Winding-up and
Restructuring Act.
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19. The English version of the following
provisions is amended by replacing the
expression ``Ontario Court (General
Division)'' with the expression ``Superior
Court of Justice``:
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(a) paragraph (a) of the definition
``court'' in section 2 of the Bank Act;
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(b) paragraph (a.1) of the definition
``court'' in subsection 2(1) of the Canada
Business Corporations Act;
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(c) paragraph (a) of the definition
``superior court'' in section 6 of the
Canada Transportation Act;
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(d) paragraph (a) of the definition
``court'' in subsection 16(22) of the
Coasting Trade Act;
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(e) paragraph (a) of the definition
``court'' in section 2 of the Cooperative
Credit Associations Act;
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(f) paragraph (a) of the definition
``court'' in subsection 2(1) of the Divorce
Act;
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(g) paragraph 118(2)(a.1) of the
Financial Administration Act;
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(h) paragraph (a) of the definition
``court'' in subsection 2(1) of the
Insurance Companies Act;
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(i) paragraph (a.1) of the definition
``superior court'' in subsection 35(1) of
the Interpretation Act;
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(j) paragraph 21(a.1) of the Merchant
Seamen Compensation Act;
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(k) paragraph (a) of the definition
``superior court'' in subsection 4(1) of the
Railway Safety Act; and
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(l) paragraph (a) of the definition
``court'' in section 2 of the Trust and Loan
Companies Act.
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| 1995, c. 39
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20. On the later of the coming into force
of this section and the definition ``superior
court'' in subsection 84(1) of the Criminal
Code, as enacted by section 139 of the
Firearms Act, chapter 39 of the Statutes of
Canada, 1995, the expression ``Ontario
Court (General Division)'' in paragraph (a)
of that definition is replaced by the
expression ``Superior Court of Justice''.
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| Coming into
force
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21. Sections 2, 3 and 7, section 45 of the
Judges Act as enacted by section 10, and
sections 14 to 20 come into force on a day or
days to be fixed by order of the Governor in
Council.
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