Sentences with phrase «provisions of a federal statute»

Ontario's Superior Court of Justice has decided that provisions of a federal statute (the Criminal Code of Canada) are contrary to the Constitution (specifically, the Charter of Rights and Freedoms).

Not exact matches

U.S. Sen. Chuck Schumer has added a provision to his Adam Walsh Reauthorization Act of 2016 that would extend the statute of limitations in federal civil cases for victims of sexual abuse, sex trafficking and other crimes related to child pornography.

The suit, filed in U.S. District Court in Hartford on Aug. 22, argues that federal funding to Connecticut falls far short of what is needed to meet the law's testing and accountability requirements, a violation of the U.S. Constitution and provisions in the nearly 4 - year - old statute itself.

Each Federal department and agency which is empowered to extend Federal financial assistance to any program or activity, by way of grant, loan, or contract other than a contract of insurance or guaranty, is authorized and directed to effectuate the provisions of section 601 with respect to such program or activity by issuing rules, regulations, or orders of general applicability which shall be consistent with achievement of the objectives of the statute authorizing the financial assistance in connection with which the action is taken.

The General Attorney occupation covers professional legal positions involved in preparing cases for trial and / or the trial of cases before a court or an administrative body or persons having quasi-judicial power; rendering legal advice and services with respect to questions, regulations, practices, or other matters falling within the purview of a Federal Government agency (this may include conducting investigations to obtain evidentiary data); preparing interpretative and administrative orders, rules, or regulations to give effect to the provisions of governing statutes or other requirements of law; drafting, negotiating, or examining contracts or other legal documents required by the agency's activities; drafting, preparing formal comments, or otherwise making substantive recommendations with respect to proposed legislation; editing and preparing for publication statutes enacted by Congress, opinions or discussions of a court, commission, or board; drafting and reviewing decisions for consideration and adoption by agency officials.

[FN61] A violation of FDUTPA is defined as any violation of FDUTPA, or may be predicated upon violations of any rules promulgated pursuant to the FTC act, any standards of unfairness or deception set forth by the FTC or the federal courts, or any law, statute, or other provision which proscribes unfair methods of competition, or unfair, deceptive, or unconscionable acts or practices.

(3) Notwithstanding any other provision of this chapter to the contrary, if the administrator finds that an immediate danger to the public health, safety, or welfare requires adoption of a regulation upon fewer than 35 days» notice or that action is required by or to comply with a federal statute or regulation which requires adoption of a regulation upon fewer than 35 days» notice and states in writing its reasons for that finding, it may proceed without prior notice or hearing or upon any abbreviated notice and hearing that it finds practicable, to adopt an emergency regulation.

This policy encompasses many state - specific provisions regarding the prevention of discrimination as well as federal statutes and requirements.

Thus, in suits for damages based on violations of federal statutes lacking any express authorization of a damage remedy, this Court has authorized such relief where, in its view, damages are necessary to effectuate the congressional policy underpinning the substantive provisions of the statute.

The Act is very similar to the Agriculture and Agri - Food Administrative Monetary Penalty Act: it creates a framework for the Governor - in - Council to designate the contravention or failure to comply with provisions in a number of federal environmental statutes as «violations», and to set an AMP of up to $ 5,000 in the case of an individual or $ 25,000 in the case of a corporation, ship or vessel.

To summarize, there is no authoritative method of creating an electronic seal in the common law provinces; the federal statute is almost inactive; and Quebec's statute, if its sealing provisions are used, does not serve the same function as in the rest of the country.

This section is residual and resort to it is precluded where the object of the search is available under another provision of the Code or another federal statute.

The majority was also influenced by the fact that the statute clearly excludes appointing Federal Court judges to sit as ad hoc members of the Supreme Court when it hears Québec cases — the majority's interpretation therefore reconciles two different but similar provisions, rather than leaving them at odds.

[48] Judges looking to assess a fine should also consider the factors in the federal sentencing statute in calculating the amount, including the seriousness of the offence, promotion of respect for the law, provision of just punishment for the defendant and its deterrent factor.

No provision of this section, or of any other section of the Florida Statutes, whether read separately or in conjunction with any other provision, shall be construed to waive the immunity of the state or any of its agencies from suit in federal court, as such immunity is guaranteed by the Eleventh Amendment to the Constitution of the United States, unless such waiver is explicitly and definitely stated to be a waiver of the immunity of the state and its agencies from suit in federal court.

For the first time, there was a federal statute setting forth terms and conditions, with authority to make grants, for provision of civil legal services, including formulas based on population and access.

For each topic I would compile (a) the relevant federal constitutional provision, statute or regulation; (b) a sampling of state / local regulations; (c) a leading case and (d) a secondary source (newspaper article or law review article) to provide context.

As we explained in the preamble to the proposed rules (at 64 FR 59995), however, the statute dictates a provision - by - provision comparison of state and federal requirements, not the overall comparison suggested by these comments.

Incorporate many of the rules contained in the federal pooled pension legislation concerning the registration and administration of pooled pension plans, which would apply as if they were enacted as part of this statute (the provisions that would not apply are listed in the Schedule)

Even in 1913, it was «well settled that the state may not, under the guise of exercising its police power or otherwise,... enact legislation in conflict with the statutes of Congress passed for the regulation of the subject, and if it does, to the extent that the state law interferes with or frustrates the operation of the acts of Congress, its provisions must yield to the superior Federal power given to Congress by the Constitution.»

The provisions of the New York law parallel those of the federal law and courts generally have interpreted the statutes similarly.

Young challenged the constitutionality of the unlicensed practice enforcement statutes, including newly adopted provisions allowing the Commission to impose a civil penalty of up to $ 1000 per day for unlicensed practice, in Federal District Court.

In general, the laws, rules and regulations that apply to our business practices include, without limitation, the federal Real Estate Settlement Procedures Act, the federal Fair Housing Act, the Dodd - Frank Act, and federal advertising and other laws, as well as comparable state statutes; rules of trade organization such as NAR, local MLSs, and state and local AORs; licensing requirements and related obligations that could arise from our business practices relating to the provision of services other than real estate brokerage services; privacy regulations relating to our use of personal information collected from the registered users of our websites; laws relating to the use and publication of information through the Internet; and state real estate brokerage licensing requirements, as well as statutory due diligence, disclosure, record keeping and standard - of - care obligations relating to these licenses.