Sentences with phrase «imposed by legislation»

[104] This Court suggested in Sparrow that the following factors will be relevant in determining whether a law of general application results in a meaningful diminution of an Aboriginal right, giving rise to breach: (1) whether the limitation imposed by the legislation is unreasonable; (2) whether the legislation imposes undue hardship; and (3) whether the legislation denies the holders of the right their preferred means of exercising the right (at p. 1112).

Dan's right that employers governed by PIPEDA (or substantially similar legislation) must also ensure that their conduct complies with the objective reasonableness standard imposed by that legislation.

From the bad man's standpoint, obligations imposed by legislation or court decisions are no more deserving of respect than those imposed by a robber at gunpoint.

A1 — Barriers can be external, imposed by legislation of other countries, quota, and others #tradeelite

But as these recent fiery debates within the drug industry underscore, pharma's price hike tactics, now under constant public scrutiny, may well lead to more far - reaching change — whether imposed by legislation or by biopharma companies upon themselves.

Not exact matches

THE State Government has responded to the Laing Report on Occupational Safety and Health by drafting legislation aimed at imposing harsher penalties on those who neglect their OSH responsibilities.

The legislation would repeal the tax hikes imposed by the ACA.

The newly approved legislation would attempt to ease the burden on the country's nearly 6,000 banks by offering them a choice: If they want to avoid many of the regulatory barriers imposed during the Obama administration, they would have to significantly increase their emergency financial surpluses.

Most of the restrictions and regulations imposed by this broker on the deposits and withdrawals into and out of its accounts are specifically aimed at making the broker compliant with the anti-terrorism and anti- money laundering legislation.

When the religious try to impose their beliefs on others by attempting to change legislation and education standards, then it DOES become relevant to non-believers.

If so, should the government by education and legislation seek to encourage or impose these values?

NYC Council Speaker Corey Johnson said he made a mistake not supporting de Blasio's attempt to impose limits on Uber and other app - based car services in 2015, when the Council rejected legislation pushed by City Hall.

Trump signed legislation aimed at cutting off federal funding to Planned Parenthood and other groups that perform abortions, a move cheered by conservatives who have clamored to impose curbs on reproductive rights.

The new legislation, heralded by the Hotel Trades Council, imposed much higher penalties on the thousands of Airbnb hosts illegally renting their apartments.

The governor noted in his statement that the bill to impose the bag fee passed the Council by just eight votes while the legislation to impose the moratorium passed the two houses of the state Legislature by a combined 165 to 32.

The latter bill is a revision of legislation vetoed by Governor Paterson last year, because it would have created monetary penalties for localities that violate the law, and thereby imposed costs on taxpayers.

The ICAC hearings are tantamount to kangaroo courts, and penalties are imposed directly by state legislation.

The city of Yonkers was authorized on Thursday to increase its sales tax by one half of one percent and impose a new occupancy tax for hotel rooms after Gov. Andrew Cuomo approved the home - rule legislation.

Cuomo has launched a new front in the push against the health care legislation in Congress, knocking an effort to shift county Medicaid costs to the state level as a «tax» imposed by Reps. Chris Collins and John Faso, the GOP authors of the legislation.

A separate amendment to the same legislation, tabled by the Labour MPs Tom Watson and Liam Byrne, would impose punitive legal costs on media organisations which refuse to be recognised by Impress, the officially sanctioned press regulator.

The bill imposes a 1 % cap on benefit increases (ie, an effective cut) until 2016 and it is a testament to Osborne's ingenuity because it is a piece of legislation that is both apparently popular and opposed by the Labour party.

In fact it's the Tories (who get half their annual donations from the banks) who adjust their policies to keep the City of London and the CBI bosses sweet, whereas Labour notoriously has kept the unions marginalised on a short leash, has not reversed the crippling impediments imposed by the most extreme Thatcherite anti-trade union legislation, and has made virtually no concessions to the unions to assist their membership or strengthen their role.

Additionally, all conditions imposed by the State Legislature under the authorizing legislation for up to three Indian casinos in the Catskills (Chapter 383 of the Laws of 2001), including the payment of 25 percent of slot revenue to the State, have already been agreed to by the Tribe.

Several Nebraska state lawmakers were so outraged by the shenanigans that they are pushing legislation that would impose some of the country's most restrictive regulations on prerecorded campaign calls, both bogus and legitimate ones.

On at least three issues - tuition fees, hunting and foundation hospitals - England has had laws imposed upon it by MPs from other parts of the UK that were not affected by the legislation in question.

Price carbon emissions through cap - and - trade legislation or by imposing a carbon tax?

The resolution, one in a series approved by the Urbana, Ill. - based professional organization at its conference, opposes the legislation because «it stands to impose restrictions on the types of reading instruction, professional - development programs, and research that could be supported with federal funds.»

The Texas House has rejected legislation to equalize the state's school - funding formula, forcing lawmakers to begin a second special session this week to fashion a plan by the court - imposed May 1 deadline.

The Common Core was also sold as a voluntary initiative which states would agree to: it was agreed to state by state with the promise of federal funding from Race to the Top grants, not imposed through federal legislation, and was said to be designed by and for educators.

South Bay Lawmaker Proposes Penalties for Schools Without Emergency Plans Prompted by last week's horrific school shooting in Connecticut, a South Bay lawmaker plans to introduce legislation that would impose penalties on California schools that fail to create or keep current an emergency response plan.

NSBA is in support of this legislation which offers school districts relief from costly and onerous mandates imposed by the Healthy, Hunger - Free Kids Act of 2010 and subsequent federal regulations.

Penalties can be imposed by us for offences in relation to taxation and superannuation legislation.

Pursuant to its provisions and subject only to the limitations imposed by the state constitution and by city charter, all powers of the city are vested in the elective council, which enacts local legislation, adopts budgets, determines policies, and appoints the City Manager.

Price carbon emissions through cap - and - trade legislation or by imposing a carbon tax?

I have a great legal team headed by Dan Kornstein, the man behind the most consequential piece of free - speech legislation enacted this century, and we've been interviewing prominent scientific witnesses tired of the climate of fear that Mann and his Clime Syndicate have imposed on their field.

The fixing of a maximum price in the case at hand, by limiting the ability of electricity providers to pass on the extra costs to final users, means that the supply obligation must be complied with by means of the electricity providers» own financial resources; by contrast, the national legislation at issue in Association Vent de Colère, by enabling the electricity distributors to cash in a tax imposed on the consumers, guaranteed that the additional costs resulting from an obligation to purchase wind - generated electricity would be offset.

The CRTC released a compliance and enforcement decision, CRTC 2016 - 428, October 26, 2016 in which it found that Blackstone Learning Corp. (Blackstone) committed nine violations of paragraph 6 (1)(a) of Canada's Anti-Spam Legislation (CASL) by sending commercial electronic messages (CEMs) without consent, and imposed an administrative monetary penalty of $ 50,000 on Blackstone.

Note that this is different than what many people are familiar with in the context of criminal law, where assault and battery are terms that are defined by specific criminal legislation, which defines the criminal penalties imposed for engaging in certain acts, rather than the right to monetary recovery which is governed by personal injury law.

The Advocate General was somewhat more dismissive: if the Union citizens had to leave the territory of the EU, it was only because of the deliberate decision of their mother based on «the whims and vagaries of his mother's married life rather than a constraint imposed by the implementation of the national legislation.»

The Dog Owners» Liability Act is provincial legislation in Ontario that imposes strict liability on dog owners for injuries caused by their pets.2 This means that proof of intent or negligence on the part of the dog owner is not needed to impose liability for injuries caused by the animal.

RAND Europe was commissioned by FTI Consulting to prepare a short paper exploring the conflict between the European legal framework for privacy and data protection and the sometimes competing requirements of electronic discovery («e-discovery») imposed on US firms with European subsidiaries by legislation such as the US Foreign Corrupt Practices Act (FCPA).

They also argued that ministers should not have the power to impose taxation by statutory instrument, and that tertiary legislation (law made by public bodies under powers conferred by ministers) must not be used to levy fees and charges.

Delays in the criminal courts have also been reduced by legislation that gives police the authority to impose roadside prohibitions upon suspected impaired drivers.

(5) If, under the Income Tax Act (Canada) or legislation of another jurisdiction that imposes a tax calculated by reference to income, a person is required to report the amount of his or her income, the person's income before an accident shall be determined for the purposes of this Part without reference to any income the person has failed to report contrary to that Act or legislation.

(6) The amount of a person's gross annual employment income and the amount of the person's income or loss from self - employment may be adjusted for the purposes of this Part to reflect any subsequent change in the amount determined by the Canada Revenue Agency under the Income Tax Act (Canada) or by the relevant government or agency under the legislation of another jurisdiction that imposes a tax calculated by reference to income.

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.

Such legal opinions would also deal with special records requirements imposed by regulatory agencies or specialized legislation applicable to particular industries or professions.

While human rights legislation applies to all employers, non-union employers are free from the restrictions imposed by management rights language.

Failing to comply with the new legislation will lead to significant liability, including penalties imposed by the Ontario, Ministry of Labour.

From there he looks at the liability imposed on different parties by legislation, pointing out that the relying party is in a different position in principle from the signatory or the certification authority, and statutory treatment of this party varies as nations try to express that difference.