Sentences with phrase «from statutory»

Fiduciary duty is a common law concept that exists separate and apart from the statutory duties that are enforced by provincial regulators.

Protocol for the appointment of the Public Guardian with an advocacy function for a young person with a disability who is planning to transition from statutory care to adult disability services

The court can deviate from the statutory guidelines for child support.

The Department of Family and Community Services (FACS) and the NSW Public Guardian have signed a protocol to assist young people in out - of - home care experience a smooth transition from statutory out - of - home care to adult disability services.

The statement is relevant because it confirms what is clear from the statutory provisions and the Prime Minister's speech.

In addition to providing grants to meet material need, Buttle UK has been instrumental, along with the Chair of the Scottish Kinship Care Alliance, in assisting carers to set up support groups, which are key to their ability to negotiate better support from statutory agencies.

The law does allow judges to deviate from the statutory guidelines, but certain rules regulate this as well.

The ILC draws much of its income from the statutory Indigenous Land Fund (or Account).

Although a court's usual obligation is to give effect to the purpose of the legislature derived from the statutory text, when important values appear to have been overlooked, a court is entitled to conclude that apparently broad language does not, in law, achieve departure from those values, without an explicit indication to this effect in the text.

In accordance with the provisions of the NTA the KLC Executive Committee and staff are involved in an annual process of selecting and giving priority to all matters arising from its statutory functions.

It follows from these statutory provisions that the taxpayer bears the burden of establishing that the factual findings (or assumptions) on which the Minister grounded the assessment are wrong.

Far from being «discriminatory», the distinctions they draw flow directly from the statutory purpose and the scope of the mandate.

The definition of «state law» was drawn from the statutory definition of this term elsewhere in HIPAA.

The statutory language regarding long - term care policies in the portability title of HIPAA is different from the statutory language regarding long - term care policies in the Administrative Simplification title of HIPAA.

These two appeals were heard together because they give rise to the same main issues: the standard of review applicable to insurance arbitral decisions resolving priority disputes arising from the statutory accident benefits regime under the Insurance Act, R.S.O. 1990, c. I. 8, and statutory and contractual interpretation issues affecting the priority question.

In a 2015 article entitled, «One Law for All: Perspectives from a Statutory Tribunal» (available online at: www.queensu.ca/clcw/sites/webpublish.queensu.ca.clcwwww/files/files/Weber%20Symposium/ Jo - Anne % 20Pickel % 20Paper.pdf), Jo - Anne Pickel, a Vice-Chair at the HRTO, commented on the challenges of adjudicating cases that involve conflicts between human rights and collectively bargained rights.

Costs to regulated organizations resulting from this regulatory proposal are considered to be nominal, given that the administrative burden arises from the statutory obligations for reporting breaches to the Commissioner, notifying affected individuals, and for record - keeping imposed by the Digital Privacy Act.

It was held that the court should not intervene unless it is clearly established that the decision to prosecute the defendants came about as a result of a departure from the statutory guidance and there is no rational explanation for that departure; even then, any intervention by the court would be discretionary.

Clients appreciate senior tax manager Lieu Phan Thi: «Her tax intelligence is exceptional, both from statutory / legislative and financial implication point of view.»

Minutes of meetings and resolutions of the directors and the shareholders (which must be held annually at a minimum, and must address certain matters set out in the statutes — e.g. voting to be exempted from statutory audit requirements);

When the government gave first responders relief from the statutory bar with its PTSD amendments, it included extensive transitional provisions that reached back 24 months, and allowed for the re-filing of claims under the new provisions of the legislation.

According to the Civil Code, the terms of a contract are not limited to its express wording but shall also include rules stemming from statutory law, the principles of community life and established customs.

HMRC and TPR are both interested in these scams from different perspectives; HMRC from a compliance point of view, as well assessing any tax charges due, and TPR from its statutory duty to protect members of pension schemes.

[Footnote 2/7] But it supplied no authoritative definition — a disturbing omission in light of the absence of the phrase «lewd exhibition» from the statutory definition section of the Sex Offenses chapter of the Ohio Revised Code.

This is a decision that the CCD is finds consistent with the notion of procedural fairness required from a statutory administrative decision maker.

Also, «the Supreme Court seemed troubled by the dental board veering from its statutory authority,» says Merritt of the Charlotte firm Robinson, Bradshaw & Hinson.

The trial judge chose to deviate from the statutory formula to avoid what he perceived as an unfair result but he was required to explain his reasons for doing so in substantial detail.

We know from statutory severance principles in s. 64 of the ESA that this is simply not the case.

Additionally, the exemptions from statutory regulations relating to water utilities include: «Landlords providing service to their tenants without specific compensation for the service» as well as «Any person who resells water or wastewater service at a rate or charge which does not exceed the actual purchase price of the water or wastewater.»

The following quotes are from Statutory definitions of child sexual abuse, from the Australian State and Federal Governments.

The following messahge was posted by a colleague (and came from the Statutory Publications Office) on 21 September:

The Donovan Commission in 1968 wanted tribunals to deal with «all disputes arising between employers and employees from their contracts of employment or from any statutory claims they may have against each other».

The flexibility of our sentencing process should not be misused by imposing inappropriate and artificial sentences in order to avoid collateral consequences which may flow from statutory scheme or from legislation, thus circumventing Parliament's will.

While including our partnership in adjusted results shows a larger gender pay gap than the data from the statutory reporting requirements, our decision to publish these figures demonstrates our commitment to closing the gap and accelerating the pace of change of our gender demographic at every level.

By this direction, Shoesmith was removed from her statutory office by the secretary of state.

Section 55 of this Act effectively allows approved bodies to exempt their members from the statutory prohibition against providing probate services for reward.

Even punitive damages are exempt from this statutory limitation.

It is another timing principle, different from the statutory one, and it applies to claims in equity.

Now, before I close, I want to share the data that I have harvested from the Statutory statements, and make a few more comments.

TCTA testified that in exempting themselves from statutory class - size limits instead of pursuing a waiver from TEA, districts were skirting requirements to notify parents of students whose classes exceeded the limits.

It is also where, for purposes of this proceeding, the PED departs from the statutory mandate of uniformity requiring an injunction» (p. 9).

Aside from statutory requirements, boards of education are well - advised to develop policies to guide schools officials in the daily operation of the district.

We need to address how the data from statutory tests is used.

But in January 2011, it was very clear to anyone listening to the DfE that they were very determined to remove the subject of Information and Communication Technology (ICT) from the statutory National Curriculum.

Study participants were solicited in Sydney and Brisbane, Australia, through advertisements in local newspapers, radio, and online, and via referral from a statutory authority set up to monitor motor vehicle and personal injury insurance plans.

It considers first option — removal of the House of Lords from the statutory instrument procedure altogether — to be «clearly unacceptable» because it would «significantly curtail the capacity and responsibility of Parliament to oversee the Executive».

Mahmood highlighted that the Commission's independence comes from the integrity of the election managers, adding that it was not necessarily drawn from statutory provisions.

The pro-democracy group stated that it may be compelled to proceed further with, «advocacy activities» unless NYSC management provides it with «forensically verifiable evidence of refunds to the coffers of government» of the last year's cash saved from the four days removed from the statutory 21 days orientation camps in 2016.

Current global trends signal a move away from statutory obligations on copyright towards industry self - regulation via standard adoption for web browsers.

«The amount disbursed comprised N387.32 billion from the Statutory Account and N80.53 billion from Valued Added Tax, VAT.