Sentences with phrase «purpose of the legislation»

Many building code violations are also life safety issues, so if the main purpose of the legislation is homeowner protection, then this judgment missed the boat!

Such an approach risks frustrating the very purpose of the legislation by rendering it incapable of responding to the inevitability of changing circumstances.

«It's always been ironic to me that one of stated purposes of the legislation is to target activities that increase costs, but the legislation poses additional compliance costs,» he says.

«The primary purpose of the legislation is it's good policy,» said Nina Lopez, the director of the American Recovery and Reinvestment Act for the Colorado education department.

In its ruling, Supreme Court justices Louis LeBel and Thomas Cromwell wrote: «In our view, the text, context, and purpose of the legislation clearly show that there is no authority in the Tribunal to award legal costs and that there is no other reasonable interpretation of the relevant provisions.

Recommendation 6:... insert new provisions that require that in the performance of any actions undertaken to implement the measures contained in the legislation, the intended beneficial purpose of the legislation must be a primary consideration.

«There's a mismatch between the stated purposes of the legislation as found in the regulations and the scope of the legislation,» says Fekete.

These extracts emphasize that one of the principal purposes of the legislation was to replace the somewhat obtuse common law of occupiers» liability by a generalized duty of care based on the «neighbour» principle set down in Donoghue v. Stevenson, [1932] A.C. 562.

There can be no dispute that the fundamental purpose of the legislation is aimed at the protection of persons who may be vulnerable to the influence of others in deciding whether, when and how to terminate their lives.

Further, I find that the consumer protection purpose of the legislation requires an examination of the substance of the Applicant's application for benefits.

Given that the offense was transplanted into Canada from the early criminal laws of England, and thus was only tangentially approved by Canadian legislative bodies, the initial English purposes of the legislation must be acknowledged.

Insisting upon this interpretation of the LAA is not to be regarded as denying the attainment of the constitutionally valid purposes of legislation, enacted in concededly broad terms.

The original purpose of this legislation was to recognise and protect native title; in particular,

The primary purpose of this legislation was to extend temporarily: (1) payroll tax relief, (2) unemployment compensation provisions, and (3) healthcare provisions.

[69] Here, «the text, context and purpose of the legislation clearly show that there is no authority in the Tribunal to award legal costs and that there is no other reasonable interpretation of the relevant provisions.»

If the purpose of the legislation of the Sunnah is to expound the legislation of the Qur» an, and if God's policy with His Prophet was to endorse Muhammad's interpretation when it was correct and to guide him to what was right when he made a mistake, then the Sunnah legislation is the same as the legislation of the Qur» an, and equally binding on all Muslims.

Although it is an important goal, preservation of water quality was not the purpose of the legislation.

The purpose of this legislation is to ensure that government programs are administered in a nonpartisan fashion and bars government employees from engaging in partisan political activities.

Eighty - nine per cent of politics.co.uk users said the purpose of legislation should be to keep sex workers safe.

«The purpose of legislation should have been defined more clearly and greater attention should have been given to available scientific evidence, the relative merits of alternative policy options and the impact of legislation on personal freedom and choice,» the report says.

The purpose of the legislation is to repeal significant portions of the Affordable Care Act, including the expansion of Medicaid.

«The purpose of this legislation is to explicitly prohibit the use of campaign funds to pay attorney's fees or other costs associated with criminal or civil litigation,» the bill language says.

The purpose of the legislation introduced on the Senate floor was to extend the federally - run Perkins Loan Program for another two years.

It held that the result of the scheme, the sale of distributor cars with almost no VAT charged, was contrary to the purpose of the legislation and had the essential aim of obtaining an illegitimate tax advantage for Pendragon.

In fact, such an interpretation is required so as not to defeat the purpose of the legislation.

The purpose of this legislation was to dismantle the long - gun registry established by the Firearms Act («FA»), and destroy the data contained therein.

When the purpose of the legislation is the elimination of obstacles, it is clear some obstacles may have a broad impact on many people with disabilities.

There are completely different views of the purposes of the legislation.

«The motion judge correctly identified the purpose of the legislation before him but then adopted an interpretation that failed to give effect to that purpose.

In addition to the purpose of the legislation, Tessmer argued its effect was also unconstitutional.

Dalphond J.A. went on to examine the text and purpose of the legislation, but primarily to provide context for his conclusion that the CLP's position was contrary to the text and purpose of the law (at para. 40).

«A plaintiff should not be permitted to avoid having SABs deducted from a tort award and thereby defeating the purpose of the legislation by lumping together claims covered by SABs with those which are not.»

The SCC further stated that the approach of providing notice or pay in lieu of notice would undermine the purpose of the legislation by permitting employers to unilaterally deprive employees of the full remedial provisions Parliament incorporated into the Code.

Although the purpose of the legislation is the same, the minimum standards in each province can differ.

In doing so, the Board relied on the purpose of the legislation which is to alert the Ministry of Labour to potential hazards in the workplace that could affect workers.

Therefore, we must not only respect the law - making role of administrative decision makers, but also the co-ordinate law making role of the courts — to ensure that administrative decisions are consistent with the objectives and purposes of the legislation, the bounds set by the legislation, and other fundamental legal principles.

The main reason why Lord Sumption adopted this expansive approach to the question of whether an asset acquisition is a merger was because of his concern to give effect to the purpose of the legislation.

Emphasizing that the wording of the FLA and DA were to be interpreted in their entire context, and in their grammatical and ordinary sense in harmony with the scheme and purpose of the legislation, the Court of Appeal concluded:

After considering the purpose of the legislation, he concluded that the statement was a private communication which, there being no evidence of any lawful authorization, was inadmissible.

(ii), even given that the purpose of the legislation is to protect the employee, there is no need to construe «same job» as covering a broad spectrum of work to ensure an appropriate balance between employer and employee.

This past year has seen instances where the wrong language was used in final drafts and where outright editorial errors have submarined the purpose of the legislation.

Not merely do they inform legislation (and may be the best source for the purpose of legislation), but smart legal researchers know that these Reports often contain extremely useful doctrinal analysis.

To deny WCAT's practice of reconsidering its decisions for patent unreasonableness would increase the necessity for court proceedings and would be contrary to the purpose of the legislation and the principles of administrative law.

The government could easily have exempted non-profits and it wouldn't have undermined the purpose of the legislation, says Sookman.

The House of Lords decided that clear statements made in Parliament concerning the purpose of legislation in course of enactment may be used by the court as a guide to the interpretation of ambiguous statutory provisions.

(Question the extent to which it will be bound by the Court's decision, particularly in light of the comment, at para. 61, that the alternative interpretation would frustrate the purpose of the legislation).

The purpose of the legislation is to limit squeegeeing and aggressive forms of solicitation to promote street safety.

Reading the provisions in their entire context makes clear that the purpose of the legislation is to make mandatory a mediation process that is timely and effective.