Sentences with phrase «decision under the act»

(i) among the general principles is that, before a decision under the Act is made for or on behalf of a person lacking the capacity to make the decision, «regard must be had to whether the purpose for which it is needed can be as effectively achieved in a way that is less restrictive of the person's rights and freedom of action» (MCA 2005, s 1 (6)-RRB-;

138 When the Director makes an order or decision under this Act of a class prescribed by the regulations, the Director shall serve notice of the order or decision, together with written reasons therefor, on the clerk of any local municipality in which there is land on which the order or decision requires something to be done, permits something to be done or prohibits something from being done.

When making a decision under the Act, the Minister is required to consider any adverse effects that the decision may have on Aboriginal and Treaty rights.

It also holds that indigenous traditional knowledge will inform habitat decisions and may inform other decision under the act.

There is also a requirement that the minister in making a decision under the Act, consider the adverse effects that the decision may have on Aboriginal and Treaty rights.

Not exact matches

The regulator said: «Regardless of the medium in which an advertising or promotional message is disseminated, deception occurs when consumers acting reasonably under the circumstances are misled about its nature or source, and such misleading impression is likely to affect their decisions or conduct regarding the advertised product.»

In its Vance vs. Ball State decision Monday, the Supreme Court curtailed the ability of employees to sue for workplace discrimination under Title VII of the Civil Rights Act of 1964.

In the meantime, young people should base their decisions on the current rules under the Affordable Care Act and pressure their senators to create a better bill.

On Wednesday, the Supreme Court will hear Young's case and ultimately rule on what accommodations employers must make under the Pregnancy Discrimination Act, a decision that could touchthe lives of the 68 million working women in the U.S. and the 62 % of new moms in the last year who were part of the workforce.

Congress passed it to overturn the Supreme Court's 1976 decision that pregnancy discrimination is not sex discrimination under Title VII of the Civil Rights Act of 1964.

The action places ISPs under Title II of the Telecommunications Act, reversing a 2002 FCC decision that classified ISPs under a different section of the law.

In a major decision, the Supreme Court on Thursday ruled 6 - 3 that the federal subsidies that help nearly 6.4 million people pay for their Affordable Care Act health plans are legal under the Affordable Care Act.

The correct fiduciary decision - making process for selecting an investment under the Employee Retirement Income Security Act, or ERISA, is to investigate the particular investment in question so as to fully understand it and, based on the facts gathered, make a rationale decision as to whether it fits the role prescribed for it in the plan's investment portfolio.

On June 17, 2014 the National Energy Board issued a decision statement to Enbridge under section 54 (1) of the Canadian Environmental Assessment Act, 2012, SC 2012, c 19, s 52 announcing that the federal Governor in Council had approved the Northern Gateway pipeline subject to the 209 conditions recommended by the Northern Gateway panel (The panel report was the subject of earlier ABlawg comments here and here).

Having recently called out the federal government for failing to provide a justification for its decision to approve Shell's Jackpine mine oil sands expansion project (an approach that serves no interest other than the government's, as even industry would stand to benefit from knowing why one project is justified while another, e.g. Taseko's original Prosperity mine, is not), it was reassuring to see that at least this Joint Review Panel (JRP) shares my understanding of this obligation under the Canadian Environmental Assessment Act, 2012, SC 2012, c 19.

This follows the Court's March 9, 2018 decision that upheld the Workers» Compensation Tribunals» decision to deny the employee compensation for medical aid in the form of medical marijuana under Workers Compensation Act in N.S. Workers» Compensation Act in Skinner v. Nova Scotia (Workers» Compensation Appeals Tribunal).

A company that even printed out a contract like that would be liable under the Civil Rights Act, because it is illegal to discriminate in employment decisions on the basis of religion.

Or taking a less precise definition of beginning, one might consider the whole period, from the Declaration of Independence to the inauguration of Washington under the new Constitution, as the origin time of the American nation, America began as the result of a series of conscious decisions, The acts embodying those decisions have a kind of absolute meaning - creating significance.

The delegates are appealed to as individuals, yet we know they must act under compulsions and orders which are determined by all kinds of political stakes and decisions at home.

But, in a written ruling on Thursday, Lord Justice Underhill and two other judges found the bishop's decision was lawful under the Equality Act.

The importance of the second and third issues is obvious for decisions about a written constitution, which later was interpreted as involving judicial review of acts of Congress, and for a federal union of states having partial autonomy under a national government.

The command is, you must love; the will is called to action, that is, the man is addressed, with the implication that he is placed by God under the necessity of decision and must decide through his free act.

«While we are glad to see and commend the local authorities under international pressure acted swiftly and fairly to resolve the church's land with this right decision, we are still deeply concerned about the justice for this family of martyr which is still not done,» stated Bob Fu, China Aid's president.

Competition and Consumer Amendment (Abolition of Limited Merits Review) Act 2017 (Act 116 of 2017) Designed to prevent the Australian Competition Tribunal from reviewing certain decisions made under the national energy laws

The Commonwealth Environmental Water Holder has legislated responsibility under the Water Act 2007 (Water Act) for decisions relating to use of Commonwealth environmental water across the Murray - Darling Basin in order to maximise environmental outcomes over time, consistent with the objectives of the Basin Plan and the environmental watering objectives and targets prescribed in the Basin - wide environmental watering strategy.

The Commonwealth's environmental water is managed by the Commonwealth Environmental Water Holder, a position established under the Water Act 2007 to make decisions on the use of the water for the benefit of the environment.

Subsequently, a 1920 U.S. District Court for the Western District of Louisiana decision confirmed that the McIlhenney Company was the exclusive lawful user of the TABASCOtrademark where the McIlhenny Company was the single source of the product, and therefore, the trademark had acquired secondary meaning as a result of the publics association of Tabasco with the McIlhenny Company and entitled to registration under the 1905 Act.

J Gans, F Hanks and P L. Williams, «The Treatment of Natural Monopolies Under the Australian Trade Practices Act: Four Recent Decisions» (2001) 29 Australian Business Law Review 492 - 507

Brent Fisse, «The Federal Court of Australia issues its first decision on cartel liability under the Competition and Consumer Act 2010: a wake up call to those doing private equity deals (Norcast v Bardken)(e-Competitions, No 51500, March 2013)

Although it will be incredibly difficult to ever match his contributions on the pitch, it's vitally important for a former club legend, like Henry, to publicly address his concerns regarding the direction of this club... regardless of those who still feel that Henry has some sort of agenda due to the backlash he received following earlier comments he made on air regarding Arsenal, he has an intimate understanding of the game, he knows the fans are being hosed and he feels some sense of obligation, both professionally and personally, to tell it like he sees it... much like I've continually expressed over the last couple months, this team isn't evolving under this current ownership / management team... instead we are currently experiencing a «stagnant» phase in our club's storied history... a fact that can't be hidden by simply changing the formation or bringing in one or two individuals... this team needs fundamental change in the way it conducts business both on and off the pitch or it will continue to slowly devolve into a second tier club... regardless of the euphoria surrounding our escape act on Friday evening, as it stands, this club is more likely to be fighting for a Europa League spot for the foreseeable future than a top 4 finish... we can't hope for the failures of others to secure our place in the top 4, we need to be the manufacturers of our own success by doing whatever is necessary to evolve as an organization... if Wenger, Gazidis and Kroenke can't take the necessary steps following the debacle they manufactured last season, their removal is imperative for our future success... unfortunately, I strongly believe that either they don't know how to proceed in the present economic climate or they are unwilling to do whatever it takes to turn this ship around... just look at the current state of our squad, none of our world class players are under contract beyond this season, we have a ridiculous wage bill considering the results, we can't sell our deadwood because we've mismanaged our personnel decisions and contractual obligations, we haven't properly cultivated our younger talent and we might have become one of the worst clubs ever when it comes to way we handle our transfer business, which under Dein was one of our greatest assets... it's time to get things right!!!

Hospital education is defined as «education provided at a community special school or foundation special school established in a hospital, or under any arrangements made by the local authority under section 19 of the 1996 Act [ie the Education Act 1996](exceptional provision of education), where the child is being provided with such education by reason of a decision made by a medical practitioner».

SB 219 would serve to clarify employer requirements and keep New Hampshire in compliance with current Federal laws and court decisions, including the March 25 Supreme Court ruling on Young vs United Parcel Service (UPS), which ruled in favor of Peggy Young to reverse the lower court's decision and to have a trial, after she sued UPS under the federal Pregnancy Discrimination Act, for failure to provide pregnancy accommodations.

(6) the decision to give directions / impose conditions, purportedly under section 14 of the Public Order Act 1986, to disperse those taking part in the Climate Camp protest.»

People who have been detained under the Act have been telling us how it fails to protect their rights and dignity, and how they are kept out of decisions about their own care.

Given the generally unsavoury history of strong political leadership Brown alerts us to, it seems we are, in fact, more likely to be secure under leaders who take the necessary time to come to informed decisions about how to react in complex situations compared to those who act swiftly, thinking they know more than they really do.

Other examples would include Moos and McClure (where the Court of Appeal overturned the only successful kettling case to date) and the admittedly contentious decision in Abdul v DPP - the conviction under section five of the Public Order Act 1986 of those protesting in fairly vituperative terms («baby killers», «rapists», «murderers» etc) about the war in Iraq at a homecoming for British troops.

The emails Cuomo sent yesterday give a very early clue to an argument he would likely make if he indeed decides to take a step onto the national stage: Under my leadership, New York led the nation on touchstone progressive issues, not only becoming the largest state in the country (before the US Supreme Court Prop. 8 decision) to legalize gay marriage, but also the first to act on gun control in the wake of the horrific Newtown massacre.

Gov. Andrew Cuomo in a statement Friday said he would support a legal challenge to President Donald Trump's decision to cut off a key subsidy for purchasing insurance under the Affordable Care Act.

The charge against him read in part, «That you, Robert Obuoha, on or about the 12th day of February, 2016 in Port Harcourt at the Port Harcourt Judicial Division did corruptly give N150, 000 only to Mr. Ishaq Salihu, a public officer and Zonal Head of Operations, Economic and Financial Crimes Commission, South - South Zone, for the purpose of recharge cards and with a view to influencing his decision in a case wherein you are being investigated and thereby committed an offence, official corruption, contrary to Section 13 (1)(a) of the Corrupt Practices and Other Related Offences Act, 2003 and punishable under section 13 (1) of the same Act.»

«Using one's influence as a high ranking state official to push through county legislation and to bestow a county - issued contract are indisputably formal exercises of governmental power constituting official acts under McDonnell,» the decisions states.

«The official acts necessary to sustain a charge of extortion or bribery include any act taken under color of official authority,» Wood wrote in her decision, describing how Skelos allegedly set up meetings and exerted pressure to benefit his son.

Our Acting President seems to be under the control of some cabals when it comes to decision - making.

A final decision on whether to bring criminal charges under the 2001 Prevention of Corruption Act will be taken by the Attorney General Baroness Scotland in the next few weeks.

In May 2008, the government announced its decision to reclassify cannabis as a Class B drug under the Misuse of Drugs Act 1971.

In a statement read to MPs Mr Straw, who was foreign secretary at the time the UK went to war, said: «Following the information tribunal's decision upholding the information commissioner's decision that a redacted version of the Cabinet minutes of March 13th and 17th 2003 should be disclosed, and having taken the view of Cabinet, I have today given a certificate under section 53 of the Freedom of Information Act 2000 to the information commissioner.

Welsh Lib Dems have committed that they will request the same information under the Freedom of Information Act and publish it themselves, if the Welsh Government's decision were not reversed.

The motion to dismiss also cited a Supreme Court decision from 2013, Sekhar v. United States, in which the justices restricted the definition of extortion under the Hobbs Act, an anti-racketeering statute enacted in 1946.

Both Fariña and de Blasio have preferred to make decisions on struggling schools without state intervention, typically closing or merging schools that appear under direct threat of state action before the state can actually act.

Our acting President seems to be under the control of a cabal when it comes to decision making.»

Any decision to prosecute them would be an explosive twist in the general election with more than 20 MPs in the last parliament potentially facing charges under the Representation of the People Act.