Sentences with phrase «of the statutory provisions under»

Not exact matches

Although the Chief Justice acknowledged that this argument had some merit, the more determinative factor — and the key difference between the statutory immunity provisions relied upon by the ERCB and Alberta Environment — was that the immunity clause with respect to the former explicitly contemplated the regulator as an entity («the Board or a member of the Board...») whereas the immunity provisions under the Water Act and the EPEA did not (referring only to «persons» in various capacities; see paras 62 — 71).

The Abortion Act has a clear provision to respect the conscience of staff: «No person shall be under any duty, whether by contract or by any statutory or other legal requirement, to participate in any treatment authorised by this Act to which he has a conscientious objection.»

Authorisation provides statutory protection from court action for conduct that might otherwise raise concerns under the competition provisions of the Competition and Consumer Act 2010.

Of course, students who qualify for free meals under the USDA regulations can not be refused free school meals (provided that the proper paperwork has been filled out on their behalf or that they qualify under other regulatory or statutory provisions).

Second, particularly in states operating Title I under the statutory provisions, individual students may be selected to receive supplementary educational services or priority for school choice options on the basis of their family's low income.

As with NCLB, a state may request a waiver from the Secretary of Education for specific statutory or regulatory provisions under the ESSA.

In answer to a written question about what steps had been taken to ensure all schools were aware of their responsibilities under the Baker Clause, academies minister Lord Agnew said on December 6 that Ofsted would «take account of this statutory guidance when developing its approach to assessing careers provision».

To ensure DOT fulfills its statutory obligations under the PIPES Act and FAST Act, PHMSA will need to continue to work towards implementation of provisions in both laws.

MAP - 21 (Section 31208) provides that the Secretary may issue regulations that condition the importation of a motor vehicle or motor vehicle equipment on the manufacturer's compliance with 1) requirements to provide information allowing NHTSA to better track those products once they enter U.S. commerce, 2) statutory prohibitions on the importation of motor vehicles and motor vehicle equipment that do not comply with an applicable FMVSS or contain a safety - related defect, 3) requirements for the provision of reports and records required to be maintained with respect to those vehicles or equipment under the Safety Act, 4) a request by NHTSA to inspect premises, a vehicle or equipment to carry out the purposes of the Safety Act, 5) an order or voluntary agreement to remedy the vehicle or equipment, or 6) any rules implementing these requirements.

«If you clear away all the hyperbolic constitutional arguments, there is, at the heart, a statutory question about this part of the Clean Air Act — and whether it applies when the sources in question have been regulated under another provision in the Clean Air Act,» Heinzerling continued.

Areas of law: Insurance law; Subrogation; Income replacement plan; Statutory exceptions ~ The Insurance Act's provisions excluding subrogation in cases where the insured receives income continuation or replacement payments apply where the party paying the benefits is an insurer under an insurance contract, but do not extend to employers ~

Although indemnity exposure to a nonsettling defendant is certainly a factor to be gauged in the good faith determination calculus, PacifiCare could not recover fees under Health and Safety Code section 1371.25 given that the statutory provision's first sentence prevented plaintiffs from holding PacifiCare vicariously liable for Bright's conduct or for recovering the attorney's fees PacificCare incurred in its defense of plaintiffs» claims.

The provisions in existing leases may affect the statutory obligations of landlords under the MEES Regulations and may affect the position of the Landlord in dealing with the MEES Regulations.

Defendant then moved to recover $ 11,300 in attorney's fees under the DPA statutory provision, inclusive of the $ 2,160 discovery sanctions.

(5) In this section «health and safety guidance» means any code, guidance, manual or similar publication that is concerned with health and safety matters and is made or issued (under a statutory provision or otherwise) by an authority responsible for the enforcement of any health and safety legislation.»

Under the relevant statutory provisions in place at the time (s 87 within Pt IV of the Housing Act 1985 (HA 1985)-RRB- family members residing with a secure tenant at the time of his or her death were in certain circumstances entitled to succeed to the tenancy.

The first arises from the decision of Judge Denny Thomas to convict Travis Vader of second degree murder under s. 230 of the Criminal Code, a statutory provision that has been unconstitutional for 26 years.

Section 145 contains the relevant provisions, the fulcrum of which is sub-s 1 which reads as follows: «A person (P) who provides accommodation, together with nursing or personal care, in a care home for an individual under arrangements made with P under the relevant statutory provisions (eg s 21 of the National Assistance Act 1948) is to be taken for the purposes of sub-s (3)(b) of section 6 of the HRA 1998 (acts of public authorities) to be exercising a function of a public nature in doing so.»

Thus, the statutory meaning of the relevant provision was not to be restrictively interpreted because some of the activities made offences under the 2000 Act were criminalised as a result of the UK's international treaty obligations.

The motion judge held that the provision in the policy limiting coverage to claims made within one year of the loss did not override the statutory two - year limitation period set out in s. 4 of the Limitations Act, 2002, S.O. 2002, c. 24 lacked specificity to override the statutory limitation period and that in any event, the contract of insurance was not a «business agreement» as required under s. 22 (5) of the Limitations Act, 2002.

[35] Considering all of the foregoing, and keeping in mind that «[i] nterpretations of treaties and statutory provisions which have an impact upon treaty or aboriginal rights must be approached in a manner which maintains the integrity of the Crown» (Badger, above), the Minister clearly erred in reaching his decision by failing to take into account the First Nations Applicants» Treaty Rights and the honour of the Crown in interpreting his mandate under subsection 80 (2).

«An employer shall not deduct from an employee's wages or accept payment from an employee unless: (a) the deduction or payment is required or authorised under a statutory provision or the employee's contract of employment; (b) the employee has previously agreed in writing to the deduction or payment; (c) the deduction or payment is a reimbursement for an overpayment of wages or expenses; or (d) the deduction or payment has been ordered by the Court.»

The courts have taken a range of factors into account, including: whether under the statutory provisions the non-occupying party has a right of occupation; the intentions of the parties when the property was purchased and any responsibilities for children; whether any other payments should be offset against the occupation rent eg for improvements or mortgage payments that increase the net capital value; and the parties respective beneficial interests in the property eg if the property is beneficially owned on a 50/50 basis the level of rent should be determined and then reduced by 50 % (see Akhtar v Hussain).

[5] During the first stage of the analysis, reviewing courts were charged with examining four factors: whether there was a privative, or conversely an appeal, clause in the decision maker's home statute; [6] whether the decision maker was relatively more expert than the reviewing court in respect of the decision under review; what the purpose of the statutory scheme and of the particular provision or provisions at issue was; and what the nature of the question in dispute was.

There was no identifiable power in the court, supported by a public policy, to supplement presently existing statutory provisions to achieve what the prosecution want to achieve in violation of Mrs Gibson's rights under Art 1 of Protocol 1 of the European Convention on Human Rights.

First, some or all of the documents may be «confidential», e.g., under the common law, or under a statutory provision like section 53 of the B.C. Health Professions Act.

Reasons may not include all the arguments, statutory provisions, jurisprudence or other details the reviewing judge would have preferred, but that does not impugn the validity of either the reasons or the result under a reasonableness analysis.

Even if section 2802 could be stretched that far, it would be «trumped» anyway by the specific provisions of Government Code section 996.4 under the «specific over general» cannon of statutory interpretation.

Given that the potential remedies under the private right of action include statutory damages of $ 200 per day for each CASL breach, and given the lack of clarity about how CASL's broad and sometimes unclear provisions apply in practice, many organizations have been concerned about the potential for litigation (including class actions) arising as of July 1, 2017.

We shall not be liable for any loss arising from or connected with our compliance with any statutory obligation which we may have, or reasonably believe we may have, to report matters to the relevant authorities under the provisions of any anti-money laundering or other legislation which may apply from time to time.

The RTA could be amended to provide that orders made under the PAFVA and the other statutes prevail when the terms of those orders or statutory provisions conflict with provisions of the RTA.

The respondent also submitted that in the absence of a specific statutory provision allowing for the payment of interest, the Minister has no authority to award interest no matter how broadly remedial powers are drafted under ss.

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.

No separate notice of motion needed to be brought under a different statutory provision given that the defendant brought a fee request under a provision saying it could be raised through opposition papers.

In the last couple of days, the appellate courts have grappled with when attorney's fees are awardable under Civil Code section 1717 when a contract is declared to be void (whether illegal or under another statutory provision).

After considering the interplay of various provisions of the Health Professions Act (HPA), the HPRB concluded that under one process stream available under the HPA, «the Registrar has room to conduct those investigations he or she considers necessary to fulfill his functions, including the «reporting and recommendations» function, and then to recognize that when the matter comes before the Inquiry Committee under s. 33 (1), the Inquiry Committee is itself still under a statutory duty to investigate the complaint.»

(ii) The matters to be dealt with are: - the aggravating and mitigating factors of the offence (not personal mitigation); - any statutory provisions relevant to the offender and the offence under consideration so that the judge is made aware of any statutory limitations on sentencing; - any relevant sentencing guidelines and guideline cases; - identifying any victim personal statement or other information available to the prosecution advocate about the impact of the offence on the victim; - where appropriate, any evidence of the impact of the offending on a community; - an indication, where applicable, of an intention to apply for any ancillary orders, such as anti-social behaviour orders and confiscation orders, and so far as possible, indicating the nature of the order to be sought.

Under the revised provisions of the Statutory Accident Benefits Schedule, some classification changes have occurred with regard of «catastrophic impairment».

However, it can issue a declaration under s. 4 of the Act that the relevant statutory provision is incompatible with the rights set out in the Convention.

Fourth, in § 160.203, several criteria relating to the statutory grounds for exception determinations have been further spelled out: (1) The words «related to the provision of or payment for health care» have been added to the exception for fraud and abuse; (2) the words «to the extent expressly authorized by statute or regulation» have been added to the exception for state regulation of health plans; (3) the words «of serving a compelling need related to public health, safety, or welfare, and, where a standard, requirement, or implementation specification under part 164 of this subchapter is at issue, where the Secretary determines that the intrusion into privacy is warranted when balanced against the need to be served» have been added to the general exception «for other purposes»; and (4) the statutory provision regarding controlled substances has been elaborated on as follows: «Has as its principal purpose the regulation of the manufacture, registration, distribution, dispensing, or other control of any controlled substance, as defined at 21 U.S.C. 802, or which is deemed a controlled substance by state law.»

The primary justifications provided by commenters for restricting the scope of covered individually identifiable health information under the regulation were that such an approach would reduce the complexity, burden, cost, and enforcement problems that would result from a rule that treats electronic and non-electronic records differently; would appropriately limit the rule's focus to the security risks that are inherent in electronic transmission or maintenance of individually identifiable health information; and would conform these provisions of the rule more closely with their interpretation of the HIPAA statutory language.

But by relying on the constitutional - avoidance canon of statutory interpretation, the Court of Appeals for the Ninth Circuit held that detained aliens have a statutory right to periodic bond hearings under the provisions at issue.

Plaintiff obtained a default judgment of $ 25,000, plus $ 144,103 in attorney's fees under Civil Code section 3426.4 (a fee shifting statutory provision applicable in trade secret cases), and $ 16,497 in costs.

Noteworthy that the provision for a statutory privilege under the Trademarks Act does not appear to include non-trademark trade names which may be protected under Section 7 nor all of the prohibited marks under Section 9.

In EU matters, the claimants argue, the prerogative power has been abrogated by statutory provisions which confer rights from and under the EU Treaties on UK citizens; and / or expressly require a continuing statutory basis for directly applicable or directly effective EU law; and / or depend upon, or assume, the UK's continued membership of the EU.

It is not open to the UK Government to wash its hands of the many imperfections in its statutory provision and to relegate its victims to the injustices perpetrated under the MIB Agreements.

P's needs could only be met under NAA 1948, s 21, as he would never be able to live independently, even in adulthood, and would therefore need the full range of community care services available to him under this statutory provision.

2d 874 (1997), the United States Supreme Court, addressing undefined statutory provisions prohibiting patently offensive and indecent Internet transmissions to those under eighteen years, stated that» [g] iven the vague contours of the coverage of the statute, it unquestionably silences some speakers whose messages would be entitled to constitutional protection.»

In the court's view there can be no legal gap between health and social care provision provided by the local authority under NAA 1948 «as a last resort» since «the secretary of state has put in place a structure which requires the PCT to take account of the social services authority's statutory competence so that the resulting decision will define the services which the social services authority is obliged to provide».

In that case, the majority of the Supreme Court of Canada found that a public interest plaintiff had a right to sue in court under a statutory provision in British Columbia's Business Practices and Consumer Protection Act.