Sentences with phrase «purpose of the legislation by»

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

Not exact matches

The purpose of this policy is to establish rules that govern the creation and distribution of commercial electronic messages (CEMs) by FBO in accordance with Canada's anti-spam legislation (CASL).

All IRC section 501 (c)(3) organizations, including churches and religious organizations, must abide by certain rules: ■ their net earnings may not inure to any private shareholder or individual, ■ they must not provide a substantial benefit to private interests, ■ they must not devote a substantial part of their activities to attempting to influence legislation, ■ they must not participate in, or intervene in, any political campaign on behalf of (or in opposition to) any candidate for public office, and ■ the organization's purposes and activities may

By placing some parameters on school food budgets as part of reauthorization legislation, Congress could generate funds for the meals programs and ensure that federal funds are spent on the purposes that it intends.

«1) If when determining the liability of a person to taxation, duty or similar charge due under statute in the UK it shall be established that a step or steps have been included in a transaction giving rise to that liability or to any claim for an allowance, deduction or relief, with such steps having been included for the sole or one of the main purposes of securing a reduction in that liability to taxation, duty or similar charge with no other material economic purpose for the inclusion of such a step being capable of demonstration by the taxpayer, then subject to the sole exception that the step or steps in question are specifically permitted under the term of any legislation promoted for the specific purpose of permitting such use, such step or steps shall be ignored when calculating the resulting liability to taxation, duty or similar charge.

That legislation, which is sponsored by Majority Leader Catherine Borgia, an Ossining Democrat, aims to stem the tide of recent efforts by the U.S. Immigration and Customs Enforcement, ICE, and Customs and Border Protection, CBP, to detain and transfer an individual for immigration and investigation purposes.

The legislation itself would apply to land purchased in part or in whole by Suffolk County for the purpose of farmland development.

The legislation, proposed by County Executive Steve Bellone, applies to land purchased in part or in whole by Suffolk County for the purpose of farmland development.

ROW is asking the appeal court to declare that regulations introduced by the former justice secretary, Chris Grayling, as part of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) in fact «frustrate the purpose» of the legislation.

In 2015, the IDA was informed by the New York State Authority Budget Office of the State Comptroller's Formal Opinion No.2014 - F1 which stated that Industrial Development Agency's did not have the legal authority to create subsidiaries for purposes outside of those specifically authorized in their enabling legislation and that IDA's are not authorized,» to make grants or loans of its money to any type of entity.»

Pursuant to the power vested in me by Article IV, Section 3 of the Constitution, I hereby convene the Senate and the Assembly of the State of New York in Extraordinary Session, at the Capitol, in the City of Albany, on the twenty - eighth day of June, two thousand seventeen, at 1:00 P.M. for the purpose of considering legislation I will submit with respect to:

Following the legislation, the SED also put in place a «Parents Bill of Rights,» allowing parents to review their children's academic records and affirm that their children's information is protected by federal and state law and would not be sold or used for commercial purposes.

«The purpose of this article is to further the fair distribution among communities of state facilities,» the text of the legislation reads, continuing that it aimed to «preserve the social fabric of certain diverse neighborhoods by avoiding undue concentrations of institutional uses.»

This legislation was transposed into Irish law in December 2012 by SI No 543 of 2012 and is implemented by the Health Products Regulatory Authority (HPRA), the competent authority in Ireland responsible for the protection of animals used for scientific purposes.

Most recently, in February 2003, Senator Arlen Specter, Republican of Pennsylvania, and others introduced legislation that would expand research options by allowing cells to be newly isolated from embryos, including cloned embryos — those created for research purposes only and not through fertilization.

The legislation would allow scientists to create embryos for purposes of harvesting the stem cells by transferring human DNA into animal eggs that have had most of their genetic information removed.

The sweeping anti-busing legislation — approved by the Senate as part of a bill providing funds for the Justice Department this year — not only forbids the Justice Department from bringing desegregation suits that could result in busing and limits the power of federal courts to order busing for such purposes, but allows Justice Department officials to support the removal of court - ordered busing plans already in operation.

Through this resource; By the end of the session all learners will be able to: a) Understand the employment rights and responsibilities of the employee and employer and their purpose b) Identify the main points of contracts of employment and their purpose c) Outline the main points of legislation affecting employers and employees and their purpose d) Identify where to find information on employment rights and responsibilities both internally and externally e) Explain the purpose and functions of representative bodies that support employees f) Explain employer and employee responsibilities for equality and diversity in a business environment g) Explain the benefits of making sure equality and diversity procedures are followed in a business environment h) Explain employer and employee responsibilities for health, safety and security in a business environment i) Explain the purpose of following health, safety and security procedures in a business environment By the end of this session some learners will be able to: A. Establish a link between understanding responsibilities as the first step towards managing ones own work effectively for career progression.

Before a single child's information is turned over to any 3rd party, policymakers should give assurance to parents and educators that no harm will come to Tennessee school children by adopting the following principles: The state and districts should be required to publish any and all existing data sharing agreements in printed and electronic form, and include a thorough explanation of its purpose and provisions, and make it available to parents and local school authorities statewide; The Department of Education should hold hearings throughout the state or testify before the legislature to explain any existing data agreement, and answer questions from the public or their representatives, obtain informed comment, and gauge public reaction; All parents should have the right to be notified of the impending disclosure of their children's data, and provide them with a right to consent or have the right to withhold their children's information from being shared; The state should have to define what rights families or individuals will have to obtain relief if harmed by improper use or release of their child's private information, including how claims can be made; and finally, any legislation must ensure that the privacy interest of public school children and their families are put above the interests of any 3rd Party and its agents and subsidiaries.

The legislation specifies that the study include an analysis of a long - term pilot of an approach to assessing highway user fees based upon actual mileage driven by a vehicle equipped with an on - board computer for the purpose of calculating highway mileage traversed.

Strong School Libraries Build Strong Students Created by the AASL Legislation Committee, this infographic is freely available for download by members of the media and general public provided no alterations are made and that the posting is for education, noncommercial purposes only.

LD1174: Permits possession of hemp for agricultural purposes beginning July 1, 2002; requires the Dept. of Agriculture, Food and Rural Resources and Dept. of Public Safety to examine legalizing the agricultural use of hemp and to implement legislation by January 1, 2002.

The Court emphasises that provisions on data access must fall within the scope of the Directive as data is only retained for the purpose of access to it by competent national authorities and thus national data retention legislation «necessarily entails, in principle, the existence of provisions relating to access by the competent national authorities to the data retained» [79].

As a result, the main purpose of residential tenancies legislation is to balance power between landlords and tenants by increasing tenants» legal rights.

Importance: The decision highlights the dual purposes of freedom of information legislation: (i) access to records of public bodies to promote accountability; and (ii) protection of personal privacy by restricting the collection, use or disclosure of personal information by public bodies.

While the definition of a consumer product is quite broad (according to s. 2 of the Act, it is «a product, including its components, parts or accessories, that may reasonably be expected to be obtained by an individual to be used for non-commercial purposes, including for domestic, recreational and sports purposes, and includes its packaging»), a number of goods are already excluded from this legislation under Schedule 1, products which are already covered by another piece of 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.

The federal government tabled legislation today, April 13, 2017, that would legalize the use of marijuana for recreational purposes by July 1, 2018.

Dafonte Miller and his family have, as of late yesterday, filed conduct and systemic review complaints with the Ontario Independent Police Review Director (OIPRD) against both the Durham and Toronto Police Service seeking a full investigation of what the complainants say was an orchestrated cover - up motivated by corrupt purposes and enabled by weak police oversight legislation.»

(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.

A cut and paste of a signature, even if authorized by the person whose signature it purports to be, doesn't count as a signature for statute of frauds purposes, unless legislation specifically authorizes that and the legislation that does so has limitations and safeguards built into it.

She engaged in an analysis of the text and purpose of the statutory provisions at issue, concluding (at para. 30) that the legislation «protects pregnant women in two significant ways: it protects their health by substituting safe tasks for dangerous ones, and it protects their employment by providing financial and job security».

It is well - known that the status of retained EU law post Brexit was originally left undefined by the European Union (Withdrawal) Bill, save that it is classified as primary legislation for the purposes of the Human Rights Act 1998.

The time limit fixed by reg 33, said the Court of Appeal, was not within the parliamentary purpose of the legal aid legislation (Legal Aid, Sentencing and Punishment of Offenders Act 2012).

Jobs at all levels in society presently undertaken by humans are at risk of being reassigned to robots or AI, and the legislation once in place to protect the rights of human workers may be no longer fit for purpose, in some cases.»

If, however, it were considered secondary legislation, it would be vulnerable to revocation and possible replacement by other secondary legislation more readily: «[T] he implication of paragraph 3 of schedule 8 is that, for the purpose of being amended using powers granted by pre-exit legislation, all retained direct EU legislation is to be taken to have the functional status of subordinate legislation, thereby making it subject to the use of delegated powers whether or not they are Henry VIII powers.

Under the legislation, the corporation (i.e. the directors) is not required to comply with the requisition if, for example, it «clearly appears that the proposal has been submitted by [the group] primarily for the purpose of enforcing a personal claim or redressing a personal grievance against the corporation, its directors, officers or security holders -LSB-...].»

In Lafarge (British Columbia (Attorney General) v. Lafarge Canada Inc., [2007] 2 SCR 86, 2007 SCC 23) and Mangat (Law Society of British Columbia v. Mangat, [2001] 3 SCR 113, 2001 SCC 67) the court held that the applicability of certain provincial laws to regimes governed by federal legislation constituted a conflict between intended purpose of the relevant federal legislation and the provincial legislation that triggered the application of the doctrine of paramountcy.

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.

Many members mistakenly believe the view that their college's purpose is to protect them; colleges tend to see their primary role as the protection of the public as mandated by their governing legislation and by - laws.

An ameliorative purpose or effect which accords with the purpose of s. 15 (1) of the Charter will likely not violate the human dignity of more advantaged individuals where the exclusion of these more advantaged individuals largely corresponds to the greater need or the different circumstances experienced by the disadvantaged group being targeted by the legislation.

It seems to me that the ratio decidendi of the Eurig case in the Supreme Court in about 1998 came out of the clear blue sky: that a fee that recovers more than the cost of providing the service for which it is charged is a tax, and thus must satisfy the legal requirements of taxation, namely that it be authorized by legislation and for provincial purposes, that it be a direct tax.

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.

However, it is a place of diminishing importance, as courts have increasingly sought to attribute meaning to the text of legislation by placing more weight on the statutory context in which the words are used, and the purposes underlying the legislative scheme.

(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).

In the employment context, the most relevant provisions of the legislation referred to above are: - Smoking is banned in all premises which are used as a place of work by more than one person, or where members of the public might attend for the purpose of seeking or receiving goods or services from the people working there.

# a new Securities Transfer Act will be enacted to provide a modern framework for the transfer of shares, bonds and other securities, and promote interprovincial and international harmonization of rules; # personal health information access and privacy legislation will be introduced to balance the individual's right to confidentiality with the need to get information for legitimate health purposes; # government will receive the report of the Task Force on Access to Family Justice, and respond to its recommendations accordingly; # a Building Code Act will be enacted that establishes a chief building inspector position, promotes consumer safety, and provides for province wide adoption of the National Building Code and mandatory inspections by qualified inspectors; # a Heritage Conservation Act will be introduced to improve heritage stewardship; # a new Pay Equity Act will be introduced to ensure that pay equity legislation applies to all parts of the public service.

Although the author raised some interesting points about the difficulties in proving matters in closure order applications — and by implication applications for anti-social behaviour orders (ASBOs) and other remedies — he failed to appreciate that the purpose of the legislation is not to punish but to protect.

The purpose of the LCA is to recognize deserving, experienced, and highly qualified lawyers, to provide an outlet for scholarly authorship of legal articles on trial and litigation practice, to provide additional sources for professional development, to promote superior advocacy and ethical standards in the practice of law, to assist in community involvement by its membership, and to advance a superior judiciary, by taking relevant positions on issues or legislation affecting judicial compensation and / or benefits, as well as those affecting the American litigation processes.