Sentences with phrase «required application under section»

He allowed the accused to introduce evidence of the complainant's previous sexual activities with someone else — more specifically her efforts to rebuff that person's sexual advances — without conducting the required application under section 276.1 of the Criminal Code.

Not exact matches

The priority review user fee required by this subsection shall be due upon the submission of a human drug application under section 505 (b)(1) or section 351 (a) of the Public Health Service Act for which the priority review voucher is used.

It shall be unlawful for any broker, dealer, or exchange, directly or indirectly, to make use of the mails or any means or instrumentality of interstate commerce for the purpose of using any facility of an exchange within or subject to the jurisdiction of the United States to effect any transaction in a security, or to report any such transaction, unless such exchange (1) is registered as a national securities exchange under section 6 of this title, or (2) is exempted from such registration upon application by the exchange because, in the opinion of the Commission, by reason of the limited volume of transactions effected on such exchange, it is not practicable and not necessary or appropriate in the public interest or for the protection of investors to require such registration

On receiving an application made under subsection (1) of section 153G, the Returning Officer or, as the case requires, the Electoral Commission must, without delay, determine whether or not the candidate became incapacitated in the circumstances set out in that subsection.

On receiving an application made under section 152A (1), the Returning Officer or, as the case requires, the Electoral Commission must, without delay, determine whether or not the candidate became incapacitated before the close of nominations.

HCT / Ps that meet all of the criteria in 1271.10 (a) are regulated solely under Section 361 of the PHS Act, and no premarket review (license application to FDA) is required.

The entire waiver process was sloppily administered in the first place, with Duncan granting waivers to states (and allowing them to ignore whole sections of No Child) even thought they have not yet implemented or enacted all the proposals within their applications, and the administration ignoring concerns raised by its own peer review panels about such matters as how states have ignored the need to gain consultation on proposed changes from American Indian tribes as required under the U.S. Constitution (as well as from black and Latino communities equally affected by the evisceration of accountability).

Applicants are required to populate the DoT Form 1681, Identification Card / Credential Application as stated within the Privacy Act Notice section: The information on this form is requested under authority of Titles 5 and 49, USC; Title 32, CFR; and Title 40 USC 486c.

(b) If the respondent named in a charge filed under section 706 fails or refuses to comply with a demand of the Commission for permission to examine or to copy evidence in conformity with the provisions of section 709 (a), or if any person required to comply with the provisions of section 709 (c) or (d) fails or refuses to do so, or if any person fails or refuses to comply with a demand by the Commission to give testimony under oath, the United States district court for the district in which such person is found, resides, or transacts business, shall, upon application of the Commission, have jurisdiction to issue to such person an order requiring him to comply with the provisions of section 709 (c) or (d) or to comply with the demand of the Commission, but the attendance of a witness may not be required outside the State where he is found, resides, or transacts business and the production of evidence may not be required outside the State where such evidence is kept.

When applying for a special permit or the renewal or modification of a special permit or requesting party status to a special permit under this section, the Secretary shall require the person to submit an application that contains --

When applying for an approval or renewal or modification of an approval under this section, the Secretary shall require the person to submit an application that contains --

(1) A credit services organization, its salespersons, agents, and representatives, and independent contractors who sell or attempt to sell the services of a credit services organization may not do any of the following: (a) conduct any business regulated by this chapter without first: (i) securing a certificate of registration from the division; and (ii) unless exempted under Section 13 -21-4, posting a bond, letter of credit, or certificate of deposit with the division in the amount of $ 100,000; (b) make a false statement, or fail to state a material fact, in connection with an application for registration with the division; (c) charge or receive any money or other valuable consideration prior to full and complete performance of the services the credit services organization has agreed to perform for the buyer; (d) dispute or challenge, or assist a person in disputing or challenging an entry in a credit report prepared by a consumer reporting agency without a factual basis for believing and obtaining a written statement for each entry from the person stating that that person believes that the entry contains a material error or omission, outdated information, inaccurate information, or unverifiable information; (e) charge or receive any money or other valuable consideration solely for referral of the buyer to a retail seller who will or may extend credit to the buyer, if the credit that is or will be extended to the buyer is upon substantially the same terms as those available to the general public; (f) make, or counsel or advise any buyer to make, any statement that is untrue or misleading and that is known, or that by the exercise of reasonable care should be known, to be untrue or misleading, to a credit reporting agency or to any person who has extended credit to a buyer or to whom a buyer is applying for an extension of credit, with respect to a buyer's creditworthiness, credit standing, or credit capacity; (g) make or use any untrue or misleading representations in the offer or sale of the services of a credit services organization or engage, directly or indirectly, in any act, practice, or course of business that operates or would operate as fraud or deception upon any person in connection with the offer or sale of the services of a credit services organization; and (h) transact any business as a credit services organization, as defined in Section 13 -21-2, without first having registered with the division by paying an annual fee set pursuant to Section 63J -1-504 and filing proof that it has obtained a bond or letter of credit as required by Subsection (2).

«Under section 696.5 of the Criminal Code, the Minister of Justice is required to submit an annual report to Parliament regarding applications for ministerial review (miscarriages of justice) within six months of the end of the fiscal year.

Under Section 61 (1) of the Succession Law Reform Act («SLRA»), an application for dependant's support is required to be made within 6 months from the time that the estate trustee or executor gets probate for the estate.

(6) Where a local authority refuse an application for a licence under section 37 of this Act or revoke or, otherwise than on the application of the holder, vary such a licence they shall state their grounds for doing so in writing to the applicant or, as the case may be, the holder of the licence; and the applicant or holder may appeal to a magistrates» court or, in Scotland, the sheriff, against the refusal, revocation or variation, and against any condition subject to which the licence is granted or any approval is given, not being a condition which the local authority are required to impose.

(1) For the purposes of assisting an insurer to determine if an insured person is or continues to be entitled to a benefit under this Regulation for which an application is made, but not more often than is reasonably necessary, an insurer may require an insured person to be examined under this section by one or more persons chosen by the insurer who are regulated health professionals or who have expertise in vocational rehabilitation.

(b) advise the insured person that the insurer requires the insured person to be examined under section 42, if the insurer has not agreed to pay for all assessments or examinations to which the application relates; and

An assessment or examination conducted after the insurer notifies the insured person that, before the assessment or examination is conducted, the insurer does not require the submission of a treatment plan under section 38 or an application for approval of an assessment or examination under section 38.2.

(14) If the insurer fails to provide a copy of the report of the examination under section 42 or its determination in respect of the claim by the 15th business day after the day the examination was completed or was required under paragraph 2 or 3 of subsection 42 (11) to be completed, the insurer shall pay all specified benefits to which the application relates for the period commencing on that day and ending on the day the insurer gives the insured person the report or determination.

(9) Section 40, as it read on February 28, 2006, continues to apply to an application for a determination of whether an insured person has a catastrophic impairment if, under subsection 40 (2), as it read on February 28, 2006, the insurer gave or was required to give the insured person, before March 1, 2006, a notice under subsection 40 (2), as it read on February 28, 2006, requiring the insured person to be assessed by a designated assessment centre.

(10) Despite subsections (1) to (9), if a designated assessment of an insured person can not be conducted or completed on or after March 1, 2006 because there is no designated assessment centre that satisfies the requirements of section 53, the insurer may give the insured person notice under subsection 42 (4), as it reads after February 28, 2006, requiring the insured person to be examined under section 42 in respect of the claim or application, instead of being assessed by a designated assessment centre, and the provisions of this Regulation, as they read after February 28, 2006, apply in respect of the disposition of the claim or application after the notice is given.

(10) An assessment or examination under this section shall be used only for the purposes of assisting in the resolution of a dispute described in subsection 280 (1) of the Act and the insurer is not required as a result of receiving the report of the assessment or examination to allow any application or pay any benefit that it otherwise would not have allowed or paid.

(c) before the insurer receives the report of a designated assessment, in the case of an application for approval of an assessment or examination under section 38.2, if the insured person is required to undergo a designated assessment.

(8) Section 39, as it read on February 28, 2006, continues to apply to an application for an increase in attendant care benefits if, under subsection 39 (7) or (8), as it read on February 28, 2006, an insurer gave or was required to give the insured person, before March 1, 2006, a notice requiring the insured person to be assessed by a designated assessment centre.

(7) Section 39, as it read on February 28, 2006, continues to apply to an application for attendant care benefits by an insured person if, under subsection 39 (4), as it read on February 28, 2006, the insurer gave or was required to give the insured person, before March 1, 2006, a notice under subsection 39 (4), as it read on February 28, 2006, requiring the insured person to be assessed by a designated assessment centre.

At the time that a licensee makes an application under section 20, the licensee shall file with the Society a copy of so much of the agreement or agreements that will govern the licensee's partnership with the professional as may be required by the Society.

Judges can issue discretionary weapons prohibitions under Section 110 of the Criminal Code; if a listed offence is involved and an application is made, the judge can, but is not required to, make a weapons prohibition order.

Applications under section 20 do not require a designated judge, but the FHRMIRA's definition of «Court» requires that this application be heard in a superior court, for example the Court of Queen's Bench of Alberta (FHRMIRA section 2, Divorce Act, RSC 1985, c 3 (2nd Supp), section 2 (1)-RRB-.

Dr. Gehl sought declarations from the Court, among others, that she was entitled to Indian Status under s. 6 (1)(a) of the Indian Act and that section 6 of the Indian Act, the Indian Registrar's Proof of Paternity Policy («the Policy»), which requires certain kinds of proof of a person's ancestry in an application for Indian registration, and the Registrar's decision in her case, were contrary to the guarantee of equality in s. 15 (1) of the Charter because they discriminate against descendants of illegitimate children of Indian women on the basis of sex.

(c) in respect of the application of section 14 of the Act, the period referred to in section 14 (1) must be interpreted as the period following the deposit of the new phase until the annual general meeting required under section 230 of the Act, and

(2) If amalgamating strata corporations submit an Amended Schedule of Interest on Destruction with an application under section 269 of the Act, the Certificates of Strata Corporation required by section 269 (2)(b)(v) of the Act must also state that the Amended Schedule of Interest on Destruction conforms to the amalgamation agreement.

(d) in respect of the application of section 14 of the Act, the period referred to in section 14 (1) must be interpreted as the period following the deposit of the new phase until the annual general meeting required under section 230 of the Act, and

(d) in respect of the application of sections 20 (2)(a) and 22 (b) of the Act, the reference to the annual general meeting in those sections must be interpreted as a reference to the annual general meeting required under section 230 of the Act.

(e) in respect of the application of sections 20 (2)(a) and 22 (b) of the Act, the reference to the annual general meeting in those sections must be interpreted as a reference to the annual general meeting required under section 230 of the Act.

21.1 (1) If the Director or any employee who is designated by the Minister for the purpose believes on reasonable grounds that a warrant under this section is required to enable the Service to take measures, within or outside Canada, to reduce a threat to the security of Canada, the Director or employee may, after having obtained the Minister's approval, make an application in accordance with subsection (2) to a judge for a warrant under this section.

In relation to the making of an Emergency Protection Order (EPO) under the Bill, section 62 currently requires information to be supplied separately from the originating application, leaving the process open to the involvement of non-applicant parties and consequential conflict and litigation.

-- An eligible entity desiring a grant under this section shall submit an application to the Secretary for approval, in such manner as the Secretary may require, that includes the following:

Note: The applicant may apply to the Family Court or to the Federal Circuit Court of Australia for the application for the parenting order or for the proceedings under Subdivision E of Division 13A of Part VII, or both, to be transferred to the Federal Circuit Court of Australia or to the Family Court, as the case requires (see section 33B of this Act and section 39 of the Federal Circuit Court of Australia Act 1999).

The Court was unable to consider whether intellectual property rights were an incident of native title as section 213 (1) of the Native Title Act 1993 (Cth) requires that the procedures of the NTA must be followed in order to make a determination relating to native title, and the applicant had not made an application under the NTA.

(4) Applications for brokerage licences (sole proprietorships)-- In addition to the requirements of subsection (1), an application by an individual as sole proprietor for a new brokerage licence, other than a branch office licence, must be accompanied by the material required under section 4 - 5 [materials that must accompany applications for new brokerage licences] of these bylaws and must contain, or have attached to it, thApplications for brokerage licences (sole proprietorships)-- In addition to the requirements of subsection (1), an application by an individual as sole proprietor for a new brokerage licence, other than a branch office licence, must be accompanied by the material required under section 4 - 5 [materials that must accompany applications for new brokerage licences] of these bylaws and must contain, or have attached to it, thapplications for new brokerage licences] of these bylaws and must contain, or have attached to it, the following:

(3) Applications for brokerage licences (corporations and partnerships)-- In addition to the requirements of subsection (1), an application by a corporation or partnership for a new brokerage licence, other than a branch office licence, must be accompanied by the material required under section 4 - 5 [materials that must accompany applications for a new brokerage licence] of these bylaws and must contain, or have attached to it, thApplications for brokerage licences (corporations and partnerships)-- In addition to the requirements of subsection (1), an application by a corporation or partnership for a new brokerage licence, other than a branch office licence, must be accompanied by the material required under section 4 - 5 [materials that must accompany applications for a new brokerage licence] of these bylaws and must contain, or have attached to it, thapplications for a new brokerage licence] of these bylaws and must contain, or have attached to it, the following:

(2) If notice is required under subsection (1)(d) because a new director or officer is appointed or elected, within 30 days after the appointment or election, the brokerage must submit to the council the information and statements required under section 4 - 5 (2)(c)[materials that must accompany applications — directors and officers] of the bylaws for each new director or officer.

Under section 4 - 4 (1)(e) an individual applying for a new licence or a licence renewal is required to disclose applications for a bankruptcy order and assignments in bankruptcy.

(A) If a mortgage broker receives a consumer's application, either the creditor or the mortgage broker shall provide a consumer with the disclosures required under paragraph (e)(1)(i) of this section in accordance with paragraph (e)(1)(iii) of this section.

Section 1026.19 (e)(1)(ii)(A) provides that if a mortgage broker receives a consumer's application, either the creditor or the mortgage broker must provide the consumer with the disclosures required under § 1026.19 (e)(1)(i) in accordance with § 1026.19 (e)(1)(iii).