Sentences with phrase «statutory purposes at»

A second critical point is this — the idea, and any discussion, of the specific statutory purposes at stake were completely dropped out.

Not exact matches

In accordance with statutory requirements, we can, for the purposes of advertising, market research and to improve our services further analyse user profiles under a pseudonym, but only if you have not made use of your legal right to object to this use of your data at any time.

There are two preconditions: A state must have an approved application for stabilization funds, and at the time of applying, there must be not any legal, statutory, or regulatory barriers at the state level to linking data on student achievement or student growth to teachers and principals for purposes of evaluation.

At trial, the court found that the real purpose of the indemnity was to discourage the wife from reporting the matters in issue to the authorities, and wrote that «it would be in my opinion, contrary to public policy for the courts to lend assistance to the nondisclosure of statutory offences.»

[33] While it makes little to no difference for analytical purposes, the alternative defence position, and the one I find more accurately reflects the informational function and mandatory impact of the statutory demand, is that the officer did not make an ASD demand until he read it from his notebook and translated it into non-legalese at approximately 11:25 pm — some 10 minutes after he had formed the reasonable suspicion to make such demand.

We begin by noting that when determining coverage of labour laws (and thus possible and proper segmentation), Canadian courts, at least in some circumstances, simply think in terms of specific statutory purpose (and have not been tripped up along the way by labour law's commonly understood overall purpose).

penalizes the defendant for engaging in public participation «plaintiff» means a person who initiates or maintains a proceeding against a defendant; «proceeding» means any action, suit, matter, cause, counterclaim, appeal, or originating application that is brought in the Supreme Court or the Provincial Court, but does not include a prosecution for an offence or a crime; «public interest» means the whole of the subject matter invites public attention, or a matter in which the public has some substantial concern because it affects the welfare of citizens, or one to which considerable public notoriety or controversy has attached; «public participation» means communication or conduct aimed at influencing public opinion, or promoting further lawful action by the public or any government body, in relation to an issue of public interest; «Strategic Lawsuit Against Public Participation (SLAPP)» means a claim that arises from a form of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper purpose.

They do not apply when looking at termination dates for statutory claims — e.g. for working out whether an employee has been employed for long enough to bring an unfair dismissal claim, or for statutory redundancy purposes.

She said that the purpose of the statutory phrase is «to see to it that there is adequate specification in the compromise agreement itself and is nothing to do with specification or communication of any complaint at any earlier stage» (para 30); further, «What matters is that both parties know to which particular complaint the compromise agreement relates — they know which particular complaint can not be litigated in future... It does not matter whether or not there has been a history of communication or dialogue about the matter.»

[5] During the first stage of the analysis, reviewing courts were charged with examining four factors: whether there was a privative, or conversely an appeal, clause in the decision maker's home statute; [6] whether the decision maker was relatively more expert than the reviewing court in respect of the decision under review; what the purpose of the statutory scheme and of the particular provision or provisions at issue was; and what the nature of the question in dispute was.

In determining the appropriate standard of review, Justices LeBel and Cromwell relied on the tribunal's expertise, the factual nature of the question, and the purpose of the statutory provisions at issue.

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».

(9) Clause (2)(a) shall not be interpreted as prohibiting an additional examination of the applicant under oath, under Ontario Regulation 283/95 (Disputes Between Insurers) made under the Act, at the insurer's request that is conducted for the purpose of determining who is liable under section 268 of the Act to pay statutory accident benefits in respect of the accident.

Fourth, in § 160.203, several criteria relating to the statutory grounds for exception determinations have been further spelled out: (1) The words «related to the provision of or payment for health care» have been added to the exception for fraud and abuse; (2) the words «to the extent expressly authorized by statute or regulation» have been added to the exception for state regulation of health plans; (3) the words «of serving a compelling need related to public health, safety, or welfare, and, where a standard, requirement, or implementation specification under part 164 of this subchapter is at issue, where the Secretary determines that the intrusion into privacy is warranted when balanced against the need to be served» have been added to the general exception «for other purposes»; and (4) the statutory provision regarding controlled substances has been elaborated on as follows: «Has as its principal purpose the regulation of the manufacture, registration, distribution, dispensing, or other control of any controlled substance, as defined at 21 U.S.C. 802, or which is deemed a controlled substance by state law.»

3 (1) Except where otherwise provided, an oath, affirmation or statutory declaration for the purposes of this Act may be taken by a returning officer, election clerk, revision assistant, justice of the peace, a commissioner for taking affidavits or a notary public and for election purposes, all election officers appointed by the returning officer are empowered to take such oaths, affirmations or declarations at the poll.

The original and replacement tenancies will be treated as the same tenancy for the purpose of certain legal proceedings — at the moment landlord's claims for breach of covenant, and tenants» claims for breach of statutory duty — the act permits further classes of litigation to be added by regulation.

It took the view that it was the disciplinary meeting on 20 September that was the «step 2 meeting» for statutory purposes; as nothing had been given in writing before that meeting, the employer was outside the statutory procedure — as indeed it was by announcing the decision at the meeting, because step 2 states that the employer must inform the employee of the decision «after the meeting».

This is not the function of the disclosure obligations of developers under the statute, nor is such a result required to serve the statutory purposes underlying disclosure obligations: Sharbern SCC at para. 118.

Finally, the court also added that the remedy can not be granted as a means of augmenting a lack of available statutory relief; nor can it be aimed at vindicating family or personal relationships or at serving a purely tactical purpose.