Sentences with phrase «within federal power»

So Part 2 of PIPEDA (the «ED» part = electronic documents), being an enactment of the then - current draft of the UECA, is still clearly within federal power.

This requirement is within Federal power to enact only if it truly involves subject matter which has a double aspect, one Provincial and the other Federal, and only if the provision is, in pith and substance, made for the purpose of that Federal aspect.

Not exact matches

If one asks, what are the possible roads to a world without war, that essential way - station on the way to freedom of information in anecologically organized world, Arthur Waskow answers that there are five: (a) Control of the nation - state system through stabilizing the balance of power and reducing international tensions but keeping the weapons; (b) Reform of the system through total disarmament without abandoning national sovereignty or the pursuit of national interest; (c) Extension of the system through the creation of a federal world government; (d) Fragmentation of the system through increases in the power of extra-national associations and Institutions across national boundaries, and corresponding decreases in state power as these occupational, industrial, scientific, and other groups gradually expropriate from the national governments the power to make decisions within their own fields; and (e) Abolition of the system through substituting love f or coercion.20.»

The nature of religious television in America can be seen to be a function of the interaction of four main players; changes over the past decades have come about because of changes in the relative power and relationships of the four following players: (1) the regulatory agencies of the federal government, which, through the legislative process, provide the structure within which interaction inside the television industry takes place; (2) the television industry, primarily network and local station managements, which control the airwaves within the legislated structure; (3) the viewing public, which selects what it is that will be watched; and (4) the religious broadcasters who provide the material for broadcasts.

Similarly, the First Amendment, that constitutional beacon of religious tolerance, had merely deprived the new federal government of power in the realm of religion, while carefully reserving to the states ample freedom to preserve a Christian commonwealth within their borders, if they were so inclined.

The NYT tells the story of the 2011 bootlegging case that turned out to be the tip of a criminal scheme that within three years would be used as evidence in an unimaginably larger case, a federal corruption investigation that would ultimately reach deep into New York City's highest offices of power.

The junior officers were members of an underground political group within the Ghana Armed Forces called the Free Africa Movement (FAM) that they formed in October 1970 with the objective of seizing power in Ghana 1984 and using the country as the nucleus of a military - led push for the unification of the African continent under a single federal government.

Fayose said, «The reality is that the All Progressives Congress (APC) Federal Government has destroyed the economy within eight months in power and rather than look for solutions to the problems facing Nigeria, Lai Mohammed and his cohorts are branding bogus figures about stolen money just to cover up their lack of solution to the country's economic problems.»

I believe the presidential system if modified to fit into our local peculiarities and if practiced within the context of a federal system, can work well in Nigeria, but there must be some modifications particularly by devolving powers to the regions and the states.

He said the Federal Government remained prepared to do everything within its powers to get the remaining girls out of captivity, stressing that «it is not true that there was a swap.»

According to the organization, «The orders sought are necessary to know exactly what happened to the Paris Club refunds, and the release of the information including on a dedicated website would be deemed incidental to the power of the federal government to achieve effective implementation of anticorruption legislation such as the Corrupt Practices and other Related Offences Act, which is applicable in all states of the federation, and will not amount to interference with activities within the states involved.»

The protest is the second just within the week as Tiv youths gathered in Abuja, to demand action from the seat of power at the Federal level, however more needs to be seen if the protest caught the attention of the President to warrant immediate solution.

In addition, Barr's case offers a rare glimpse into the practices of the Office of Personnel Management (OPM), an obscure agency within the White House that wields vast power over the entire federal bureaucracy through its authority to vet recently hired workers.

To do this as an educational policy is within the broad discretionary powers of school authorities; absent a finding of a constitutional violation, however, that would not be within the authority of a federal court.

The ESSA is to reduce «the federal footprint and restore local control, while empowering parents and education leaders to hold schools accountable for effectively teaching students» within their states, and also «[reset] Washington's relationship with the nation's 100,000 public schools» and its nearly 50 million public school students and their 3.4 million public school teachers, while «sending significant power back to states and local districts while maintaining limited federal oversight of education.»

The General Attorney occupation covers professional legal positions involved in preparing cases for trial and / or the trial of cases before a court or an administrative body or persons having quasi-judicial power; rendering legal advice and services with respect to questions, regulations, practices, or other matters falling within the purview of a Federal Government agency (this may include conducting investigations to obtain evidentiary data); preparing interpretative and administrative orders, rules, or regulations to give effect to the provisions of governing statutes or other requirements of law; drafting, negotiating, or examining contracts or other legal documents required by the agency's activities; drafting, preparing formal comments, or otherwise making substantive recommendations with respect to proposed legislation; editing and preparing for publication statutes enacted by Congress, opinions or discussions of a court, commission, or board; drafting and reviewing decisions for consideration and adoption by agency officials.

Open market operations are one tool within monetary policy implemented by the Federal Reserve to steer short - term interest rates using the power to buy and sell treasury securities.

3) The property was acquired by other than a bona fide sale for full and adequate consideration and the decedent retained a power with respect to or interest in the property that would bring the real or tangible personal property located in this state within the decedent's adjusted federal gross estate.

The Trump administration will advance its agenda on federal employment policies by using powers within its discretion in addition to... More

However, while national lobbying efforts indeed strengthen federal animal protection laws, stopping cruelty within our own community is absolutely a local affair that is driven by residents with the power to elect someone good to office or throw someone bad out.

The cabinet in December 2012 agreed to fast - track construction (within four years) of 2,800 km of new power lines and upgrade of 2,900 km by designating, with approval from the country's 16 federal states, the Federal Grid Agency as the only competent planning authority and allocating legal disputes concerning the expansion to a single federal administrativefederal states, the Federal Grid Agency as the only competent planning authority and allocating legal disputes concerning the expansion to a single federal administrativeFederal Grid Agency as the only competent planning authority and allocating legal disputes concerning the expansion to a single federal administrativefederal administrative court.

FERC is an independent regulatory agency within the Department of Energy and is the successor to the Federal Power Commission.

Federal, state, and territory governments have the power to not only ban all new climate - damaging projects within their jurisdictions, but also to channel resources into researching and implementing the best climate - safe and climate - positive alternatives.

(Sec. 199) Requires the Secretary, in coordination with the Secretary of Commerce, to: (1) determine areas of the United States that lack a federal power marketing agency; (2) develop a plan or criteria for such areas for investing in renewable energy and associated infrastructure; (3) identify any federal agency within such an area that has, or could develop, the ability to facilitate such investment; and (4) recommend to the House Energy and Commerce Committee the establishment of any new federal lending authority for existing federal agencies.

(Sec. 198) Amends the Federal Power Act to establish within FERC an Office of Consumer Advocacy.

Authorizing the final segments of the Project will make 7,191 acres of Federal lands within the ROW available to transmit electric power generated from both traditional (i.e. coal - fired and natural gas - fired) generation facilities and renewable sources (i.e. wind generation facilities) in Wyoming and Idaho.

First, it must deal with matters that are properly within the power of the Federal government.

Similarly, though noting that United States Federal Arbitration Act has established a general «presumption that an arbitral body has acted within its powers», the United States Court of Appeals for the Ninth Circuit clarified that it would «review de novo a contention that the subject matter of the arbitration lies outside the scope of a contract.»

We say this because the division of powers part of the judgement (commencing at para 98) is full of all sorts of references to two levels of government (see e.g. para 141) and similar comments about «interlocking federal and provincial schemes» that make it abundantly clear that this Court has given no thought to the space within which indigenous laws may operate within the modern constitutional order (for recognition that the law making authority of aboriginal peoples pre-dated the Crown's acquisition of sovereignty, was not extinguished by that acquisition of sovereignty and was not impaired by the division of legislative powers between the federal and provincial governments in 1982 see Campbell v British Columbia (2000), 189 DLR (4th) 333 (BCSC) and Justice Deschamps in Beckman v Little Salmon / Carmacks First Nation, [2010] 3 SCR 103 at para 97).

But in any event a law providing that the province can dispose of standing timber on any lands in the province would under Tsilhqot» in be both valid and applicable (para 102) to aboriginal title lands because the Supreme Court no longer seems to care whether the power to dispose of resources on title lands is part of the core content of «lands reserved» within the exclusive jurisdiction of the federal government.

mere judicial power, upon the other departments of this Government and the States of this Union the recognition of the existence of nations and States within the limits of both, possessing dominion and jurisdiction paramount to the Federal and State Constitutions.

Its exercise in the context of a clearly provincial power — the regulation of a profession within the province — is not likely to be overridden by some federal prerogative.

Within the past decade, banking and insurance companies have hired historical legal experts and spent a lot of time litigation over the US Federal Court system's power to issue equitable remedies such as the Mareva injunction and equitable liens to seize assets in federal litigation; the Alien Torts Act which has been used by international human rights organizations had its breadth restricted by use of 18th century views of the «law of nations» requiring recourse to historic writers like Hugo Grotius, and even administrative law has come under assault by dissents of Justice Thomas arguing that the «Chevron» doctrine of deference to agency interpretations of their own statutes should be set aside as being incompatible with the understanding of the American separation of powers doctrine as it was understood at the time of the country's foFederal Court system's power to issue equitable remedies such as the Mareva injunction and equitable liens to seize assets in federal litigation; the Alien Torts Act which has been used by international human rights organizations had its breadth restricted by use of 18th century views of the «law of nations» requiring recourse to historic writers like Hugo Grotius, and even administrative law has come under assault by dissents of Justice Thomas arguing that the «Chevron» doctrine of deference to agency interpretations of their own statutes should be set aside as being incompatible with the understanding of the American separation of powers doctrine as it was understood at the time of the country's fofederal litigation; the Alien Torts Act which has been used by international human rights organizations had its breadth restricted by use of 18th century views of the «law of nations» requiring recourse to historic writers like Hugo Grotius, and even administrative law has come under assault by dissents of Justice Thomas arguing that the «Chevron» doctrine of deference to agency interpretations of their own statutes should be set aside as being incompatible with the understanding of the American separation of powers doctrine as it was understood at the time of the country's founding.

Such a federal law would of course have to be within the proper powers of the federal government, and as held in Gonzales v. Raich, thanks to the Commerce Clause, as applied to marijuana it is.

«We could convene technical conferences, we could do a notice of inquiry, we could initiate Federal Power Act Section 206 review proceedings, so there are many tools available to the commission to act within 60 days.»

The exercise of these powers — whether by the federal, provincial, or municipal governments or First Nations governments — generally falls within Administrative Law.

While the States, vested as they are with general police power, require no specific grant of authority in the Federal Constitution to legislate with respect to matters traditionally within the scope of the police power, the broad sweep of the Twenty - first Amendment has been recognized as conferring something more than the normal state authority over public health, welfare, and morals.

It's clear that the double aspect doctrine applies to bring this subject matter within both federal and provincial powers.

The Barry's Ltd. decision was cited with approval by the Supreme Court of Canada in the case of Ward v. Canada (Attorney General), [2002] 1 SCR 569: «labour relations in the fisheries were held to be matters essentially falling within the provincial power to regulate business in the province and outside the federal fisheries power.»

It is not such within the definition in the Canada Labour Code, and the power of Parliament to regulate trade and commerce, having been exercised in this case in the form of the Fish Inspection Act, does not make the appellant a federal undertaking for the purpose of that Act.

[27] The basic rule in the division of powers over labour relations is that the provinces have jurisdiction over industries that fall within provincial legislative authority and the federal government has jurisdiction over those that fall within federal legislative authority.

The criminal law power falls squarely within federal jurisdiction (pursuant to s. 91 (27) of the Constitution Act, 1867) the provinces are relegated to make factual inquiries — they are forbidden to interfere with federal jurisdiction.

That an interpretation of «telephonic» should take notice of the limits imposed on the federal government by virtue of our constitutional division of powers, that is that the Act can only apply to matters over which the federal government has legislative authority, is further supported by the specific reference in s. 13 (1) to communication «by means of the facilities of a telecommunication undertaking within the legislative authority of Parliament».

Here, without deciding whether credit card activities fall within the «core» of the federal power over «banking,» the Court concludes that, even if they do, the CPA does not «impair» federal regulation:

The Supreme Court found that the pith and substance of the Guidelines Order was to require the decision - maker to gather information about environmental impacts within all the heads of power under Federal jurisdiction before making that decision about navigation.

So far as congressional acts relate to the procedure in the Federal courts, they are clearly within the congressional power.»

(That doesn't mean they can't hear a case if it falls within the federal judicial power, but they can only hear it if they have some other source of authority to do so).

In order, therefore, to guard against so great an evil, it has been the policy of all the American states which have individually framed their state constitutions since the Revolution, and of the people of the United States when they framed the federal Constitution, to define with precision the objects of the legislative power and to restrain its exercise within marked and settled boundaries.

Yet it is within the power of the Federal Government, through its legislative arm, to limit or redress the discriminatory impact of these State and Territory laws through the NTA.

Sections 87 and 87A of the Native Title Act provide that the Federal Court may make consent determinations of native title where it is satisfied that to do so is within its power and is appropriate.