Sentences with phrase «declaratory provisions»

declaratory provisions have an immediate effect on pending cases, and therefore an exception to the general rule that legislation is prospective.

Can Parliament enact legislation that requires that a person be or has previously been a barrister or advocate of at least 10 years standing at the bar of a province as a condition of appointment as a judge of the Supreme Court of Canada or enact the annexed declaratory provisions as set out in clauses 471 and 472 of the Bill entitled Economic Action Plan 2013 Act, No. 2?

While the reference is appropriate and necessary, introducing the declaratory provisions simultaneously raises concerns.

Or, the government could have admitted that perhaps the legislation was less than clear, and it was putting the new declaratory provisions before the Supreme Court for confirmation that it would permit Nadon's appointment.

If the new declaratory provisions have an effect and they change the rules about who can be appointed to the Supreme Court as a judge from Quebec, there is a serious argument they can not be adopted without unanimous consent from all the provinces.

Interestingly, MacKay also announced the government would introduce declaratory provisions into the Supreme Court Act, «clarifying — without making changes to the existing law — that individuals with at least 10 years with [the] Quebec bar at any time during their career, are eligible to sit on the Supreme Court of Canada as a Quebec member.»

In the end, my guess is the federal government introduced the declaratory provisions in the hopes of tipping the balance in its favour for its reference to the Supreme Court about Nadon's appointment.

Not exact matches

(d) Except as modified hereby, the provisions of subsections (b) and (c) confirm, clarify and are declaratory of existing law.

In this earlier application the Chamber sought a declaratory order from the High Court on the interpretation of various provisions of Mining Charter II, particularly in the context of the continuing consequences of previous BEE transactions and the «once empowered, always empowered» principle.

First, the CCC's assertion that «the provisions of Annex III are from the point of view of EU law of declaratory nature only» is plainly wrong.