Sentences with phrase «at federal jurisdiction»

Not exact matches

Alberta, Saskatchewan, British Columbia, Quebec and the federal government (for areas of federal labour - force jurisdiction) are at various stages of rolling out PRPPs.

This email linked to a supporter survey focused exclusively on what other jurisdictions are doing: equalization, federal business taxes, and whether Alberta should work more with «friendly free - enterprise» Saskatchewan and Manitoba — Canada's only conservative - ruled jurisdictions at present.

The federal government can borrow at a much lower interest rate than the other jurisdictions, given its strong credit position.

The combined federal - provincial tax rate for small businesses in B.C. will remain at 13 per cent for 2016, which is reasonable when compared to other jurisdictions (and lower than all other Canadian provinces except Manitoba and Saskatchewan).

At that hearing, Clayton declared, «To the extent that digital assets are securities — and I believe every ICO I've seen is a security — we have jurisdiction and our federal securities laws apply.»

If we look to federal jurisdiction, the National Energy Board has issued a series of decisions since 2010, with input from Environment and Climate Change Canada, requiring offsetting for caribou and other species at risk and rare or sensitive habitats.

«As noted in our past reports, regulatory oversight is fragmented across multiple regulators at the federal level, and also involves regulatory bodies in the 50 states and other U.S. jurisdictions.»

Pending federal legislation, spurred in part by the abuse crisis at USA Gymnastics, would require anyone working under the jurisdiction of a national governing body to report suspected abuse or face a fine and possible imprisonment.

That Act would further restrict the Fed's 13 (3) lending operations by requiring that they be approved by at least two - thirds of the FOMC (as opposed to the present 5 - member requirement); by disallowing the use of equity as collateral for 13 (3) loans; by requiring that loans be approved not only by the Federal Reserve Board but by all Federal banking regulators having jurisdiction over the prospective borrowers; and by allowing emergency lending to be extended beyond a term of 30 days only by means of a joint resolution approved by Congress.

GENERAL PROVISIONS By visiting this site you agree that the Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law, and that any action at law or in equity arising out of or relating to these Terms of Use and the Privacy Policy shall be filed only in the state or federal courts located in New York County, New York and you hereby consent and submit to the venue and personal jurisdiction of such courts for the purposes of such action.

At this point, a major issue still stems from the battle between states» rights and the jurisdiction of the federal government, which was the major crux of the Civil War back in 1865.

«There are plenty of federal prosecutors outside our jurisdiction,» said Eugene O'Donnell, a former prosecutor who teachers criminal law at the City University of New York.

THE battle to determine the standard - bearer of the Peoples Democratic Party (PDP) in Bayelsa State, on Thursday, shifted to the Court of Appeal, Abuja Division, as Governor Timipre Sylva told the five - man panel, headed by Justice Zainab Bulkachuwa, that the PDP had invoked its jurisdiction in order to stall hearing of the substantive matter at the Federal High Court sitting in Abuja.

«That you, Isah Hamman Misau of Hamman Misau Residence, Turaki Street, Misau, Bauchi State, on or about December 15, 2014, at the Independent National Electoral Commission Headquarters, Abuja, within the jurisdiction of this Honourable Court, did utter a false document to wit: a Statutory Declaration of Age deposed to at the High Court of the Federal Capital Territory, Abuja, on December 15, 2014, by submitting same to the Independent National Electoral Commission knowing it to be false and you thereby committed an offence contrary to Section 1 (2)(c) of the Miscellaneous Offences Act Cap M17, Laws of the Federation of Nigeria, 2004 and punishable under the same section of the Act.»

«That you, Isah Hamman Misau of Hamman Misau Residence, Turaki Street, Misau, Bauchi State, on or about December 16, 2014, at Abuja, within the jurisdiction of this Honourable Court, did utter a false document to wit: Affidavit in Support of Personal Particulars of Persons seeking election to the Office / Membership of the Senate of the Federal Republic of Nigeria (INEC FORM C.F. 001/2015) which you submitted to the Independent National Electoral Commission knowing it to be false and you thereby committed an offence contrary to Section 1 (2)(c) of the Miscellaneous Offences Act Cap M17, Laws of the Federation of Nigeria, 2004 and punishable under the same section of the Act.

«That you Stephen Oronsaye a.k.a. Mr Steve Oronsaye on or about 30th December, 2014 at Abuja within the jurisdiction of the High Court of the Federal Capital Territory whilst being the Chairman of the Presidential Committee on Financial Action Task Force and in such capacity entrusted with certain property to wit: the sum of N100, 000,000.00 (One Hundred Million Naira) committed Breach of Trust in respect of the said sum by converting it to your personal use through the investment of the said sum of N90, 000,000.00 in Access Bank Plc's Bankers Acceptance for a tenor of 90 days at 12.0 % interest rate each in violation of the extant financial regulations».

But as Retraction Watch reports, a federal district court judge ruled that the court lacked jurisdiction in this case because the plaintiffs haven't yet exhausted the administrative process set up to handle misconduct investigations at federally funded labs.

Re: the US News article on top about ESSA: Chairwoman Foxx is right about the role of the federal government in America's K - 12 education system; and families can continue to pressure educrats like Mr Botel by opting out, wherever and whenever possible, from their local state schools until the federal government gives up on the continuing mistake of its annual testing requirement in two subjects only, which has produced no significant improvement in American education for 15 years now, but has cost us in lost opportunities, including time and energy that might have been devoted to non-tested subjects, including those in the broader curricula represented by the International Baccalaureate Diploma Programme, which requires assessment — including but not limited to external final exams — in six subjects distributed over at least five fields, an assessment approach that has been imitated by the world's leading educational jurisdictions, but is being discouraged by the ignorant Luddites in the the U.S. ED.

(Diversity jurisdiction basically means that if one party is from one state and the other party is from another state, and there's a lot of money at stake, parties can choose to go to federal court instead of state court.)

You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in, and resolved in, the federal or state courts in the State of Illinois, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Notice.

We soon realized, however, that despite the deplorable conditions in puppy mills and periodic exposés (even Oprah did one), legislators at the state and federal level were reluctant to pass meaningful legislation to improve the conditions of commercial breeding operations because puppy mills fall under the jurisdiction of the Department of Agriculture and their state equivalents, and dogs in puppy mills are considered to be livestock, and animal welfare of any stripe is a much harder sell in those circles than it should be, sadly.

For any action at law or in equity relating to the arbitration provision of these Terms of Use, you agree to resolve any dispute you have with Blue Buffalo exclusively in a state or federal court located in Connecticut, and to submit to the personal jurisdiction of the courts located in Connecticut for the purpose of litigating all such disputes.

By then a particular tone had been set by the employee asking if I was a U.S. citizen, for my age, if I had a valid driver's license, and what state I was from since «there are five jurisdictions where [a] driver's license is not accepted at a federal facility.»

At the Federal Court of Appeal, the essential elements of the Federal Court disposition with regard to required accessibility were confirmed even though some elements of the first instance decision were varied, especially to remove the declaration of infringement by the government and the disposition to the effect that the Federal Court was keeping jurisdiction to ensure the effect of its declaration (Canada (Attorney General) v. Jodhan, 2012 FCA 161 (CanLII)-RRB-.

The first time I discussed the case with opposing counsel, a partner from a big firm yelled at me and told me something along the lines of «the federal court is going to hate this little case — and they don't even have jurisdiction anyway — we will just move to dismiss on those grounds.»

Ms. Moore has represented management in a variety of litigation at the administrative level, in state and federal courts in numerous jurisdictions, at the American Arbitration Association and in the U.S. Supreme Court.

The issue of solitary confinement is now being investigated at all levels of government, in multiple jurisdictions, including by the Ontario Ombudsman, the Ontario Human Rights Commission, the federal government, and now the B.C Supreme Court.

«The power of the Internet, most people would agree, is awesome, but has it done what the federal courts may no longer have jurisdiction to do — helped to free a possibly innocent man held at Guantanamo Bay?

The Attorney General of Canada applied for judicial review at the Federal Court regarding the tribunal's jurisdiction to award legal costs.

This test can be applied to specific causes of action in a Statement of Claim even if other causes of action are within the Federal Court's jurisdiction (see Canada (Human Rights Commission) v. Canadian Liberty Net, [1998] 1 SCR 626 at para 8):

Notable mandates: Successfully represented Toronto mayor Rob Ford in a libel and defamation action; representing former Liberal MP Borys Wrzesnewskyj in litigation proceeding contesting election in Etobicoke Centre; acting on the establishment of a large residential real estate private equity fund; a complex reorganization of an existing real estate private equity fund into private REIT, the investors in which include several of Canada's largest pension plans and mutual funds; acted for the purchaser in excess of 230 quick service restaurants in Ontario, B.C., and Quebec; acted for management in a proxy dispute involving an interlisted TSX and ASX company, involving various interest holders in several international jurisdictions; represented Pharmascience Inc. at Federal Court of Canada; represented clients such as Apotex Inc. in trademark dispute; represented Canadian Generic Pharmaceutical Association in matters before the Trademark Opposition Board.

The Act permits federal courts to preside over certain class actions in diversity jurisdiction where the aggregate amount in controversy exceeds $ 5 million; where the class comprises at least 100 plaintiffs; and where there is at least «minimal diversity» between the parties (i.e., at least one plaintiff class member is diverse from at least one defendant).

Exclusive federal jurisdiction at the trial level, combined with the U.S. Court of Appeals for the Federal Circuit's exclusive jurisdiction over patent appeals, helps to ensure the uniform application of patent law natifederal jurisdiction at the trial level, combined with the U.S. Court of Appeals for the Federal Circuit's exclusive jurisdiction over patent appeals, helps to ensure the uniform application of patent law natiFederal Circuit's exclusive jurisdiction over patent appeals, helps to ensure the uniform application of patent law nationwide.

A child's «home state» is defined by statute by a coordinated definitions set forth in parallel laws at the state (the Uniform Child Custody Jurisdiction And Enforcement Act in 49 states) and federal (the Parental Kidnapping Prevent Act) level.

Furthermore, criminal law is federal in Canada (unlike in the United States where jurisdiction rests with the state) so we did not have the option of situating the criminal law reform theatre at the state (ie provincial / territorial) level.

Margaret Somerville, director of the Centre for Medicine, Ethics and Law at McGill University, says she would not be surprised to see Quebec seek a constitutional challenge by arguing assisted suicide, although currently a federal criminal law matter, is a health care issue that falls under provincial jurisdiction.

Some jurisdictions — Ontario and the federal, for example — have offered free and more or less current access to primary law for years, with some depth of historical content and ability to manipulate searches to locate the law at particular points in time.

Federal courts do not have jurisdiction to hear this case at all.

At issue was whether the federal legislation was a valid exercise of the criminal law power under Constitution Act, 1867, s 91 (27), or whether some sections were actually attempts to regulate medical practice and research, and thus outside of the legislative jurisdiction of the federal government.

There is a precedent here: when the Quebec government asked the Supreme Court of Canada for a reference on whether or not the federal law on assisted reproduction overstepped federal jurisdiction by in effect criminalizing practices that should be considered as falling within the sphere of provincial health policy, an admittedly bitterly divided Court agreed with Quebec's Attorney General, at least with respect to certain key articles of that law.

The ATS, a single sentence within the Judiciary Act of 1789, provides United States federal courts with original jurisdiction over «any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.»

[134] The critical aspect of this reasoning is the proposition that Aboriginal rights fall at the core of federal regulatory jurisdiction under s. 91 (24) of the Constitution Act, 1867 (emphasis added).

Aboriginal rights fall at the core of federal jurisdiction under s. 91 (24) of the Constitution Act, 1867.

94 See D. Brock Hornby, Summary Judgment Without Illusions, 13 Green Bag 2d 273, 278 (2010)(«State court defendants who believe they have a shot at winning summary judgment frequently remove their cases to federal court if there is jurisdiction.

A trial lawyer at Robinson + Cole since 1980 with a focus on insurance coverage and class action litigation, Mr. Goldman has tried approximately 30 cases to conclusion in a wide range of jurisdictions throughout the United States, has handled numerous federal and state appeals in multiple jurisdictions, including the Supreme Court of the United States, and has served as lead counsel in many cases that have had high national visibility.

Once a case is removed to Federal court, it can be remanded (sent back) to the removing state court at any time where the Federal court loses subject matter jurisdiction;

At issue: does the Federal Court have jurisdiction to decide whether a municipality's bylaws apply to a company's residential properties.

Federally - regulated employers covered under the Canada Human Rights Act (the CHRA applies only to matters that fall within federal jurisdiction) must remember that they will be responsible for discriminatory comments their employees make on their own or at the employer's request and they must make themselves and their employees aware of discrimination and human rights responsibilities based on gender identity and gender expression.

For example, the Principles state: «Recognition of the inherent jurisdiction and legal orders of Indigenous nations is therefore the starting point of discussions aimed at interactions between federal, provincial, territorial, and Indigenous jurisdictions and laws» (see Principle 4).

Often, law enforcement at an international airport is provided by a county sheriff or municipal police department in addition to the TSA (including air marshalls) which has narrower jurisdiction, in contrast to places like Indian Reservations and federal parks, which while within a state are outside state and local law enforcement jurisdiction (although the assimilative crimes act applies state law in many such circumstances).