Sentences with phrase «regulation under that statute»

Better to amend the Clean Air Act to disqualify greenhouse gases from regulation under that statute, he says.

Not exact matches

In the event that we are not able to resolve a dispute, we each agree that any and all disputes, controversies, or claims arising under, arising out of, or relating in any way to this agreement, or the contractual relationship established by this agreement (whether in contract, tort, or under any statute, regulation, ordinance, or any other source of law) shall be resolved on an individual basis through binding arbitration administered by the American Arbitration Association, in accordance with the American Arbitration Association's rules for arbitration of consumer - related disputes (accessible at https://www.adr.org/aaa/faces/rules)(except that you may assert individual claims in small claims court, if your claims qualify).

The statute in Doe permitted abortion under certain conditions, but subjected it to regulation.

In the event you fail to pay for the access granted (if applicable), and / or share the access granted with any person or entity, or misuse the Service by any means actionable under a federal, state, or local statute, code, regulation, law, and / or civil action, we will consider your access as having been acquired by fraud or misrepresentation and will terminate your access.

(d) Discrimination or segregation by an establishment is supported by State action within the meaning of this title if such discrimination or segregation (1) is carried on under color of any law, statute, ordinance, or regulation; or (2) is carried on under color of any custom or usage required or enforced by officials of the State or political subdivision thereof; or (3) is required by action of the State or political subdivision thereof.

Further, the court concluded that the rule properly regulates airline cancellation policies because existing airline cancellation and refund practices were deceptive and unfair, and that the regulation was «plainly allowed» under DOT's statute that targets unfair and deceptive practices.

While the Federal government is primarily responsible for developing, issuing, and enforcing pipeline safety regulations, the pipeline safety statutes provide for State assumption of the intrastate regulatory, inspection, and enforcement responsibilities under an annual certification.

Under Washington State law there are a number of statutes and regulations that afford a great deal of protection to homeowners who are faced with foreclosure.

Borrow money, except to the extent permitted under the 1940 Act, the rules or regulations thereunder or any exemption therefrom, as such statute, rules or regulations may be amended or interpreted from time to time.

Purchase securities of an issuer, except as consistent with the maintenance of its status as an open - end diversified company under the 1940 Act, the rules or regulations thereunder or any exemption therefrom, as such statute, rules or regulations may be amended or interpreted from time to time.

Underwrite securities issued by other persons, except to the extent permitted under the 1940 Act, the rules or regulations thereunder or any exemption therefrom, as such statute, rules or regulations may be amended or interpreted from time to time.

Cuts -4-Muttz is fully insured and licensed with the State of North Carolina under all applicable statutes and regulations.

We banned cockfighting, made dogfighting a felony offense, passed licensing and regulatory control of puppy mills, increased penalties for neglect and abuse, covered birds under cruelty statutes, regulated the keeping of large carnivores, preserved local regulations on farm animals, and most recently, we helped pass the Canine Cruelty Prevention Act which has closed down over 1,200 puppy mills.

Under the «Air Quality Regulation» category, the Chamber promises to «Oppose efforts to regulate greenhouse gas emissions through existing environmental statutes, including the Clean Air Act, the Clean Water Act, the Endangered Species Act, and the National Environmental Policy Act.»

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

«Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable.»

At least as of 2011, when regulations under the Information Technology Act related to privacy and data security were issued (some of the relevant statute sections and regulations are linked in this answer at Law.SE), there was no non-contractual right to have your data destroyed, although a terms of service for a site could give you that right contractually.

Proving that a defendant violated a statute or regulation may help a victim or their family bring a claim under a theory of negligence per se.

The regulation is available on e-Laws in the normal way, i.e. associated with the statute under which it was made.

(Most of Part 2 of PIPEDA applies only to statutes and regulations specially designated under the Act.

The Uniform Law Conference's decision to exclude these land transfers reflected the same decision made in then - recent statutes in Australia (see for example the regulations under the Electronic Transactions Act, 2000 of New South Wales) and Singapore (see s. 4 and Schedule 1 of the Electronic Transactions Act.)

Copies of statutes, official gazettes, ordinances, regulations, proclamations, journals, orders, appointments to office, notices thereof and other public documents purporting to be printed by or under the authority of [a government in the Commonwealth] shall be admitted in evidence to prove the contents thereof.

I take leave to say that the New York statute, in the particulars here involved, can not be held to be in conflict with the Fourteenth Amendment without enlarging the scope of the Amendment far beyond its original purpose and without bringing under the supervision of this court matters which have been supposed to belong exclusively to the legislative departments of the several States when exerting their conceded power to guard the health and safety of their citizens by such regulations as they in their wisdom deem best.

Greene has not cited — and the Court has not found — a single statute, regulation, rule, or judicial opinion holding that a litigant has a right of access (under the First Amendment, the common law, or anything else) to communications between a judge and his or her law clerk, including draft opinions and orders.

Law: The rules, regulations, ordinances, and statutes, created by the legislative bodies of governments, under which people are expected to live.

The fact of the administrative state is predicated by the fact that parliament (both federal and provincial) and the courts can not possibly apply and administer the myriad of rules that govern day to day life or settle the thousands of disputes that arise under the endless statutes and regulations.

Under a particular state statute, rule, or regulation, the state must provide reasonable procedures for providing post-conviction DNA testing and preserving biological evidence while a person is imprisoned.

Campbell J refers (in para 22) to the «the breathtakingly arbitrary power to make government regulations which contravene the very statute under which the regulations are made.»

Such rights must be asserted within the time allotted under the law, however, so it is important to contact a wage law lawyer who is familiar with the applicable statutes and regulations and can help investigate your case and file a formal claim with the appropriate court or agency.

For example, a criminal code might define law enforcement officer in reference to arrest power, while another statute might used the term for H.R. and licensing regulations, and a third might use a functional definition for eligibility for a certain kind of tax deduction under state law.

Two regulations from statutes repealed by the Green Energy Act have now appeared as regulations under that Act.

If the regulation is to remain in force but the Act under which it was made is replaced, then in order that the regulation can continue to be found, it must be listed under the replacement statute.

Note: The Lieutenant Governor in Council may by regulation revoke regulations made under clause 14 (1)(g), as that clause read immediately before December 18, 1998, if the Minister makes an order under section 13.1, as enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 96, that is inconsistent with those regulations.

19 Upon the designation of this Act, the Land Titles Act and the Registry Act under the Electronic Registration Act (Ministry of Consumer and Business Services Statutes), 1991, the Minister responsible for the administration of this Act may by regulation designate all or any part of land that has been designated under Part II as,

Note: The Lieutenant Governor in Council may by regulation revoke regulations made under clause 14 (1)(b), (c), (d), (e), (f), (h), (i) or (j), as those clauses read immediately before December 18, 1998, if the Minister makes a regulation under subsection 14 (1), as re-enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, subsection 97 (1), that is inconsistent with those regulations or the Director makes a regulation under subsection 14 (2), as enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, subsection 97 (1), that is inconsistent with those regulations.

Note: The Lieutenant Governor in Council may by regulation revoke regulations made under section 19, as that section read immediately before December 18, 1998, if the Minister makes a regulation under section 19, as amended by the Statutes of Ontario, 1998, chapter 18, Schedule E, subsection 100 (1), that is inconsistent with those regulations.

32 A provision of this Part or of a regulation made under this Part prevails wherever there exists a conflict between that provision and a provision of the Land Titles Act, the Registry Act or the Electronic Registration Act (Ministry of Consumer and Business Services Statutes), 1991 or of a regulation made under one of those Acts.

Note: Regulations made under clause 14 (1)(g), as that clause read immediately before December 18, 1998, continue until the Minister makes an order under section 13.1, as enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 96, that is inconsistent with those rRegulations made under clause 14 (1)(g), as that clause read immediately before December 18, 1998, continue until the Minister makes an order under section 13.1, as enacted by the Statutes of Ontario, 1998, chapter 18, Schedule E, section 96, that is inconsistent with those regulationsregulations.

Under the public - rights doctrine, patent rights are governed by statute and subject to statutory schemes providing for regulation by an administrative agency.

Mr. Tucci provided an overview of the False Claims Act (FCA) and the various theories of liability that have advanced under the law, including the «implied certification» theory whereby each entity that submits a claim for payment to the government (such as through Medicaid) is deemed to implicitly certify compliance with the statutes, regulations, and contract terms applicable to the subject matter of the claim.

Many statutes specifically state that there is a power to pass regulations under the terms of the statute.

183 Despite section 184, the Lieutenant Governor in Council may by regulation revoke regulations made under section 59 of the Condominium Act, being chapter C. 26 of the Revised Statutes of Ontario, 1990, as that section read immediately before section 184 comes into force, if the Minister makes a regulation under subsection 177 (2) that is inconsistent with those regulations.

In a general way, those standards shed light on the issues, but there is sufficient individuality and complexity to that statute, and to the regulations promulgated under it, to make it inappropriate simply to transplant those standards in their entirety into a different statutory scheme having a different history.

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.

Similarly, under a statute which allowed for bylaws concerning «all or part of the costs of the disciplinary proceeding,» and although regulations provided for a licensee to pay «all or part of the costs of the disciplinary hearing, including (i) per day fees for members of the Discipline Committee, (ii) counsel fees, (iii) reporter fees, (iv) facility charges, and other charges associated with the hearing», a court found such award to be subject to the same reasonableness standard of review as is the rest of the substantive disciplinary decision.

The BC Laws website claims that copyright in the «electronic version» of the laws specifically is owned by the Queen's Printer, and then states that «All statutes and regulations are under copyright by the Province of British Columbia.»

This allows me to have immediate access to all Federal and Provincial Statutes and the regulations passed under each piece of legislation.

The materials may only be reproduced for commercial purposes under a license from the Queen's Printer, with the exception of Government of Ontario legal materials (statutes, regulations and judicial decisions).

And democracy should mean that a regulation enacted by the provincial executive should not deny litigants rights conferred or not interfered with by democratically enacted provincial statutes, which the hearing fees will do in cases arising under provincial law.

Each annual volume (up to and including 2013) of the Manitoba Gazette, Part II included an index with the regulations organized under the title of the governing statute.