Sentences with phrase «of enabling statute»

Both Shoppers Drug Mart and Pharma Plus created private label drugs for sale in their respective pharmacies through related companies, and challenged the regulations as ultra vires the scope of the enabling statute.

Investigation costs: The right to recover investigation costs will depend on the wording of the enabling statute.

And remember that the disapproval resolution requires only 51, not 60 votes in the Senate, under the rules of the enabling statute, the Congressional Review Act of 1996 (signed by President Clinton, and part of the Republican «Contract with America»).

Directs department to issue anew license to any person who previously held license if person meets criteria, as amended by Act, of enabling statute.

Not exact matches

As a historical matter, the original purpose of the corporation — reflected in debates about limited liability and general incorporation statutes — was to facilitate economic growth by enabling projects that required large - scale, long - term investment.

Students of the Federal Reserve read our nearly 100 - year - old enabling statute, the Federal Reserve Act, and can not find the words «financial stability» anywhere in the Act.

As an example, here's a section of the Department of Agriculture's enabling statute:

He says extending the statutes enables the abuser to continue to take advantage of countless others.

Create a one - year window to allow survivors who are currently outside of the statute of limitations to bring civil litigation against the offender and the institution that enabled the abuse.

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The Colorado charter statute enables aspirants whose applications are denied by local school boards to appeal to the state board of education.

To enable the public to better understand the various types of documents that the Department of Transportation (DOT) issues that could provide information on our interpretation of, or policy concerning, our rules, statutes, or technical issues and the extent to which the public may rely on them, we have prepared the following descriptions.

Admission of debt can restart the statute of limitations, and may enable the creditor to sue you.

First, the Department's interpretation of the PSLF eligibility criteria is incompatible with the enabling statute and the relevant regulation.

Directs department to provide just compensation to any person who previously held license and who does not meet criteria, provided that person met criteria as set forth in enabling statute before effective date of Act.

That's what we have in Ontario, with several years of regulation by the Law Society under enabling statute.

For instance as some of you may be aware of, a statute can be embedded in another statute and a provincial regulation can be enabled by a federal Act.

The Divisional Court's decision in TWU also highlighted how the enabling statute in Ontario has affected the development of the profession here,

[I] n carrying out its mandate under its enabling statute, the respondent throughout its long history, has acted to remove obstacles based on considerations, other than ones based on merit, such as religious affiliation, race, and gender, so as to provide previously excluded groups the opportunity to obtain a legal education and thus become members of the legal profession in Ontario.

If a board is granted considerable discretion under its enabling statute and it is deciding a question within its domain of expertise, its judgment will often be shown deference by the reviewing court.

Commentary: The Supreme Court of Canada in this case, and in the case of R. v. Conway, 2010 SCC 22 (see our blog summary here) has made clear that tribunals must address Charter issues which are raised before them (unless expressly exempted by their enabling statute).

After the statute of limitations expired, the plaintiffs sought to add a significant number of additional parties based on an allegation that the hospital withheld a critical test result, which would have enabled them to identify all culpable parties had the report been turned over in a timely fashion.

To maximize that benefit, CanLII, Canada's national support service for judgments, statutes, and regulations, should be enabled to provide at cost, the greater and more complete support services that LAO LAW provides, but provide them nationally, and in all areas of traditional practice, to all lawyers and judges who choose to use them.

Here, I aim to: (1) demonstrate that expertise writ large does not provide a sound justification for deference on questions of law, unless incorporated into the decision - maker's enabling statute and (2) relatedly, argue that deference is not prescribed by extralegal justifications such as expertise, but only by statutory language, which determines the leeway a court should afford to a decision - maker.

My comments start from three propositions which are rooted in constitutional theory: (1) absent constitutional objection, legislation binds; (2) administrative decision - makers enabled by statute can only go so far as their home statute allows (3) it is a court's job, on any standard of review, to enforce those boundaries; in American terminology, to «say what the law is» (Marbury v Madison; Edmonton East, at para 21).

I began to imagine a system where a massive database of case law and statutes could be stored on newly developed magnetic disk storage, and a program could be developed that would enable the full - text searching of this database using keywords, both factual and legal, and utilizing boolean logic.

Professional regulatory bodies in British Columbia must preserve personal privacy, and treat matters as confidential, as and to the extent they must under their enabling statutes, and under BC's Freedom of Information and Protection of Privacy Act («FIPPA»).

All aspects of the tribunal's structure, as laid out in its enabling statute, must be examined, and an attempt must be made to determine precisely what combination of functions the legislature intended that tribunal to serve, and what procedural protections are appropriate for a body that has these particular functions.

While the CRT may determine both strata property matters and a limited range of small claims matters [3], its enabling statute also permits it to determine matters that might be assigned to it by other statues.

The legislative authority enabling a court to award costs in criminal proceedings is primarily contained in Part II of the Prosecution of Offences Act 1985 (sections 16 to 19B), the Access to Justice Act (in relation to funded clients) and in regulations that have since been made pursuant to these statutes, including the Costs in Criminal Cases (General) Regulations 1986, as amended.

The enabling statutes usually state the requirement in therms of not being a further threat to society.

By annotating statutes, cases and documents, we enable AI to mine this vast treasure trove of data.

Firstly, the Supreme Court heard the appeal by the Public Law Project in the residence test case and unanimously ruled against the government on the issue of whether the proposed residence test was ultra vires the enabling statute.

The substantive issue for consideration here, one of first impression for this Court, is whether the recovery - enabling provision of the statute in question allows the fatally injured party's estate to recover damages for the loss of income he or she could have earned had death not occurred.

Elsewhere I have argued that nearly all of the cases involving an allegation of true jurisdictional issue have turned on the interpretation of the tribunal's enabling statute.

The recent Ontario Court of Appeal decision in Laffin v. Association of Professional Geoscientists of Ontario, 2012 ONCA 846 provides a sober reminder to professional regulatory bodies that in assessing applicants for registration, they are confined to assessing applications against the particular requirements set out in their enabling statutes and bylaws.

This outcome serves as a reminder to regulatory bodies across Canada that applicants for registration must be assessed within the confines of the express requirements set out in that body's enabling statute, regulations or bylaws, and that guidelines alone are not sufficient to create new enforceable requirements, unless a provision in or under a statute provides for enforceable guidelines.

While enabling statutes of professional regulatory bodies may not require that respondents respond to complaints, particular regulators may enact standards that require their registrants to cooperate during investigations.

Tranchemontagne reaffirmed the presumption that tribunals are empowered to go beyond their enabling statute to decide questions of law.

Almost all of the online services now have some form of classification system, as well as case summaries, and case and statute citators that enable a researcher to efficiently identify cases of value, even more efficiently than their print ancestors.

On the other hand, reasonableness is normally the governing standard where the question: (1) relates to the interpretation of the tribunal's enabling (or «home») statute or «statutes closely connected to its function, with which it will have particular familiarity»; (2) raises issues of fact, discretion or policy; or (3) involves inextricably intertwined legal and factual issues.

This will depend on the express rights of complainants under the regulator's enabling statute, and whatever disclosure the complainant must receive as a matter of procedural fairness.

Although a statutory review or appeal body may have exclusive jurisdiction under its enabling statute, the Human Rights Code provides the Code will prevail in the event of any conflict between the Code and another enactment (s. 4).

Second, allowing this type of appeal would be contrary to the purpose and intent of Rule 23 (f) and its enabling statutes, under which appeals from class certification orders may be heard only in the discretion of the court of appeals.

The Law Lords further decided that by committing the error of law in question the FCC had exceeded the limited authority conferred upon it by Parliament, and that a provision in the statute should not be interpreted so as to enable the FCC to commit errors of law with impunity, thereby effectively determining the extent of its own powers.

[The] Standing Committee on Regulations and Private Bills [is] to be the Committee to which all private bills, other than Estate bills or bills providing for the consolidation of a floating debt or renewal of debentures, other than local improvement debentures, of a municipal corporation, shall be referred after first reading; and, to be the Committee provided for by section 33 of Part III (Regulations) of the Legislation Act, 2006, and having the terms of reference as set out in that section, namely: to be the Committee to which all regulations stand permanently referred; and to examine the regulations with particular reference to the scope and method of the exercise of delegated legislative power without reference to the merits of the policy or objectives to be effected by the regulations or enabling statutes, but in so doing regard shall be had to the following guidelines:

This past January I challenged that tribunal again with a freedom of information request for copies of certain decisions the enabling statute says they are obliged to render in writing and ensure are published.

This course focuses on section 1983 of the United States Code, a Reconstruction - era statute that enables private parties to sue any other person who «under color» of law deprives them of the «rights, privileges, or immunities secured by the Constitution and laws» of the United States.

For most of us, the citations to cases, statutes, and administrative regulations we encounter in a judicial opinion are no longer static information about the authorities on which the text rests but electronic pathways enabling immediate access to them.

The court rejected the member's argument that because the enabling statute in that case (the Law Society Act, R.S.O. 1990, c. L. 8) protected officials for any acts done in good faith, the investigator was only protected to the extent of his acting in good faith, but not immune to a claim that the member had acted with malice.