In May 2016, the Office of the Privacy Commissioner of Canada (OPC) published a discussion paper and launched
a consultation on consent under the Personal Information Protection and Electronic Documents Act (PIPEDA) with the objective of identifying potential enhancements to the consent model and better defining the roles and responsibilities of the actors who could implement such improvements.
Not exact matches
Scottish energy minister Fergus Ewing announced a moratorium
on granting planning
consents for fracking developments to allow a full public
consultation on the issue.»
The signing of the cooperation agreement between the clans was a milestone in an extensive and carefully constructed, highly participative
consultation process, that embodied the principle of free prior informed
consent, an important standard for respecting indigenous rights established in the United Nations Declaration
on the Rights of Indigenous Peoples acknowledged in the ILO 169 Convention, as well as a recommended best practice by the international indigenous rights» community.
In the latter case, neither
consent or
consultation is required for the Council to adopt the decision to conclude the agreement
on behalf of the EU.
Our concern is the wider issue of finding solutions to this problem for the whole universe of DB schemes and in our response below we focus
on the fourth option put forward in the
consultation document, which would allow for bulk transfers without individual member
consent to a new scheme paying lower levels of indexation and revaluation.
Is your conclusion then that any of the 61 bands in BC opposed to the pipeline has an absolute veto
on whether the pipeline can go ahead, as their
consent is required, over and beyond
consultation?
The court concluded that the ultimate obligation
on the Crown is to act honourably and made clear that where
consultation has been adequate, a development may proceed without
consent.
Batterton is advising the National Grid
on the North West Coast Connections Project, particularly the
consenting, property and commercial aspects, which includes assisting with the pre-application process and statutory
consultation and development
consent application.
At any stage of the arbitral proceedings, if all parties agree
on settlement of any aspect of the dispute, upon request, the arbitrator may memorialize the agreement in a
Consent Award in
consultation with the parties» counsel.
Looking back
on this chapter, my overarching concern relates to
consultation and
consent.
Note also the similarity between regulations 8 (4) and (5) of the PBC Regulations and s. 251B
on customary and agreed decision - making processes for the authorisation of
consultation and
consent procedures and native tile applicants.
Australian law is not yet fully settled
on the question of the significance of «
consultation» and «
consent» to the development and implementation of a special measure.
While the future act regime imposes obligations
on proponents of future acts, the
consultation and
consent provisions impose obligations
on PBCs.
Further, as the Expert Mechanism
on the Rights of Indigenous Peoples (EMRIP) emphasises, the Declaration «requires «effective» participation, not pro forma
consultations, the goal of which is to obtain the free, prior and informed
consent of indigenous peoples».
On one reading, sub-regulation 9 (2)(a) allows a PBC to prove that it has discharged its
consultation and
consent functions by engaging with the whole native title holding group in relation to a particular future act.
The Commission is of the view that the level of
consultation required, and whether
consent is necessary, for a measure to be considered a special measure will vary depending
on whether the measure involves a limitation
on rights or is entirely beneficial in nature.
On this reading Regulation 9 (2) allows the native title holders to issue a broad executive authority to a PBC to make native title decisions on its behalf, but such an interpretation is at odds with the overall purpose of the consultation and consent provision
On this reading Regulation 9 (2) allows the native title holders to issue a broad executive authority to a PBC to make native title decisions
on its behalf, but such an interpretation is at odds with the overall purpose of the consultation and consent provision
on its behalf, but such an interpretation is at odds with the overall purpose of the
consultation and
consent provisions.
The elements of this principle include the lack of coercion, intimidation and manipulative actions; that
consent has been sought in advance and
consultation processes have been respected; information is provided
on the scope of the activity; and that
consultation and participation are undertaken in good faith.
However, corporations may require additional funding for advice
on developing dispute resolution mechanisms and to ensure that appropriate
consultation and the free, prior and informed
consent of its members is obtained to change the constitution.
As acknowledged by the Special Rapporteur
on the situation
on the rights and fundamental freedoms of indigenous peoples, the lack of appropriate
consultation, negotiation, and the application of free, prior, and informed
consent, has been clearly demonstrated as a clear violation of human rights standards in the Australian Governments Northern Territory Emergency Response.
the NTER legislation is inappropriately classified as a «special measure» under the Race Discrimination Act because of the negative impacts of some of the measures
on Indigenous peoples and the absence of adequate
consultation or
consent by Indigenous peoples to the measures.
I belong to an
on - going AEDP
consultation and supervision group, facilitated by Dr. Miriam Marsolais, where, with prior
consent from clients, I share video recordings of my work.
Aurora also provides online resources for PBCs including information
on Indigenous land use agreements, future acts, free prior and informed
consent and decision making, and legal requirements for PBC
consultation and decision making.
Recommendation 2: The Western Australian Government should not close any remote Aboriginal communities without a proper
consultation process and the free, prior and informed
consent of the communities concerned, as per articles 10, 18 and 19 of the United Nations Declaration
on the Rights of Indigenous Peoples.