2015, c. 28, Sched. Note: On a day to be named by proclamation of the Lieutenant Governor, clauses 22 (2) (a), (b) and (c) of the Act are amended by striking out the units of the corporation wherever that expression appears and substituting in each case the units in the corporation. If that proves not to be the case, the act shall not be adopted. B, s. 7 (2) - 5/05/2001. (2) Unless the regulations provide otherwise, any easement or covenant, whether positive or negative in nature, in an agreement mentioned in subsection (1) shall run with any real property that receives a benefit or is subject to a burden under the agreement. 18.2For Convenience by WSI. 1998, c.19, s.132(7). 1, s. 2 - 01/09/2017; 2015, c. 28, Sched. The Commission shall also forward the annual legislative programme as well as any other instrument of legislative planning or policy to national Parliaments, at the same time as to the European Parliament and the Council.Article 2Draft legislative acts sent to the European Parliament and to the Council shall be forwarded to national Parliaments.For the purposes of this Protocol, "draft legislative acts" shall mean proposals from the Commission, initiatives from a group of Member States, initiatives from the European Parliament, requests from the Court of Justice, recommendations from the European Central Bank and requests from the European Investment Bank, for the adoption of a legislative act.Draft legislative acts originating from the Commission shall be forwarded to national Parliaments directly by the Commission, at the same time as to the European Parliament and the Council.Draft legislative acts originating from the European Parliament shall be forwarded to national Parliaments directly by the European Parliament.Draft legislative acts originating from a group of Member States, the Court of Justice, the European Central Bank or the European Investment Bank shall be forwarded to national Parliaments by the Council.Article 3National Parliaments may send to the Presidents of the European Parliament, the Council and the Commission a reasoned opinion on whether a draft legislative act complies with the principle of subsidiarity, in accordance with the procedure laid down in the Protocol on the application of the principles of subsidiarity and proportionality.If the draft legislative act originates from a group of Member States, the President of the Council shall forward the reasoned opinion or opinions to the governments of those Member States.If the draft legislative act originates from the Court of Justice, the European Central Bank or the European Investment Bank, the President of the Council shall forward the reasoned opinion or opinions to the institution or body concerned.Article 4An eight-week period shall elapse between a draft legislative act being made available to national Parliaments in the official languages of the Union and the date when it is placed on a provisional agenda for the Council for its adoption or for adoption of a position under a legislative procedure. Until 31 October 2014, the following provisions shall remain in force, without prejudice to the second subparagraph of Article 235(1) of the Treaty on the Functioning of the European Union.For acts of the European Council and of the Council requiring a qualified majority, members' votes shall be weighted as follows:Belgium | 12 |Bulgaria | 10 |Czech Republic | 12 |Denmark | 7 |Germany | 29 |Estonia | 4 |Ireland | 7 |Greece | 12 |Spain | 27 |France | 29 |Italy | 29 |Cyprus | 4 |Latvia | 4 |Lithuania | 7 |Luxembourg | 4 |Hungary | 12 |Malta | 3 |Netherlands | 13 |Austria | 10 |Poland | 27 |Portugal | 12 |Romania | 14 |Slovenia | 4 |Slovakia | 7 |Finland | 7 |Sweden | 10 |United Kingdom | 29 |Acts shall be adopted if there are at least 255 votes in favour representing a majority of the members where, under the Treaties, they must be adopted on a proposal from the Commission. 30.1. The latter situation arises when the relevant EU institutions decide to repeal a legislative act, in particular better to ensure constant respect for the principles of subsidiarity and proportionality. WISHING to ensure that decisions are taken as closely as possible to the citizens of the Union. The Council will substitute itself for the Executive Committee established by the Schengen agreements.Article 3The participation of Denmark in the adoption of measures constituting a development of the Schengen acquis, as well as the implementation of these measures and their application to Denmark, shall be governed by the relevant provisions of the Protocol on the position of Denmark.Article 4Ireland and the United Kingdom of Great Britain and Northern Ireland may at any time request to take part in some or all of the provisions of the Schengen acquis.The Council shall decide on the request with the unanimity of its members referred to in Article 1 and of the representative of the Government of the State concerned.Article 51. The subscription of capital shall be according to the key established in accordance with Article 29.28.3. 1998, c.19, s.7(1). It shall respect its rich cultural and linguistic diversity, and shall ensure that Europe's cultural heritage is safeguarded and enhanced. 1998, c.19, s.94(3). 26, s. 2. The European Parliament shall forward its draft legislative acts and its amended drafts to national Parliaments. National Parliaments contribute actively to the good functioning of the Union: (a) through being informed by the institutions of the Union and having draft legislative acts of the Union forwarded to them in accordance with the Protocol on the role of national Parliaments in the European Union; (b) by seeing to it that the principle of subsidiarity is respected in accordance with the procedures provided for in the Protocol on the application of the principles of subsidiarity and proportionality; (c) by taking part, within the framework of the area of freedom, security and justice, in the evaluation mechanisms for the implementation of the Union policies in that area, in accordance with Article 70 of the Treaty on the Functioning of the European Union, and through being involved in the political monitoring of Europol and the evaluation of Eurojust's activities in accordance with Articles 88 and 85 of that Treaty; (d) by taking part in the revision procedures of the Treaties, in accordance with Article 48 of this Treaty; (e) by being notified of applications for accession to the Union, in accordance with Article 49 of this Treaty; (f) by taking part in the inter-parliamentary cooperation between national Parliaments and with the European Parliament, in accordance with the Protocol on the role of national Parliaments in the European Union. Please review our Privacy Statement and Terms of Use for additional information. (4) Upon receiving money that is required to be held in trust under subsection (1), a trustee of a prescribed class shall hold the money in trust in a separate account in Ontario designated as a trust account at. The committee's membership and operating rules shall be determined by the Council, acting on a recommendation by the President of the Court of Justice.4. The Protocol on the privileges and immunities of the European Union shall apply to the bodies referred to in paragraph 1 in so far as they are incorporated under the law of the Union, to the members of their organs in the performance of their duties as such and to their staff, under the same terms and conditions as those applicable to the Bank.Those dividends, capital gains or other forms of revenue stemming from such bodies to which the members, other than the European Union and the Bank, are entitled, shall however remain subject to the fiscal provisions of the applicable legislation.5. The Management Committee and the staff of the Bank shall be responsible only to the Bank and shall be completely independent in the performance of their duties. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 113 (1) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. DECLARATIONS CONCERNING PROVISIONS OF THE TREATIES1. However, get legal advice from attorneys to prevent mistakes that can affect your future. 8. 1, s. 44 (2). Paragraphs 2 and 3 shall not apply to decisions having military or defence implications.5. 2. 1, s. 79 (2). The Bank may employ any available funds which it does not immediately require to meet its obligations in the following ways: (b) it may, subject to the provisions of Article 18(2), buy and sell securities; (c) it may carry out any other financial operation linked with its objectives. 1, s. 18. 1, s. 118. He shall conduct political dialogue with third parties on the Union's behalf and shall express the Union's position in international organisations and at international conferences.3. DESIRING to deepen the solidarity between their peoples while respecting their history, their culture and their traditions. The President of the Court of Justice and the President of the General Court shall determine, by common accord, the conditions under which officials and other servants attached to the Court of Justice shall render their services to the General Court to enable it to function. 1, s. 88. (7) The easement is valid even though the corporation and the party, if any, that has entered into a telecommunications agreement with the corporation own no land to be benefited by the easement. 1998, c.19, s.134(3). 2015, c. 28, Sched. These proposals may, inter alia, serve either to increase or to reduce the competences conferred on the Union in the Treaties. It shall ensure that its funds are employed as rationally as possible in the interests of the Union. For the application of this Article, the Governing Council shall establish the necessary rules for standardising the accounting and reporting of operations undertaken by the national central banks.Article 27Auditing27.1. In this Protocol, the words "the Treaties" shall mean the Treaty on European Union, the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community. 2. 2015, c. 28, Sched. 4. 3. (c) a statement that the owners have the right to requisition a meeting under section 46 and the rule becomes effective at the time determined by subsections (8), (9) and (10). [17] The current provisions of Title VI of the TEU, on police and judicial cooperation in criminal matters, are replaced by the provisions of Chapters 1, 4 and 5 of Title IV (renumbered V) of Part Three of the TFEU. It shall exercise functions of political control and consultation as laid down in the Treaties. It was easy to work with Contracts Counsel to submit a bid and compare the lawyers on their experience and cost. Where the defending party, after having been duly summoned, fails to file written submissions in defence, judgment shall be given against that party by default. 1998, c.19, s.23(2); 2015, c. 28, Sched. An agreement for the provision of facilities to the corporation on other than a non-profit basis. (a) the corporation entered into the agreement after a new board is elected at a turn-over meeting held under section 43; (c) the agreement makes allowance for the installation of alternate telecommunications systems. In particular, acts of the Union in the field of police cooperation and judicial cooperation in criminal matters adopted before the entry into force of the Treaty of Lisbon which are amended shall continue to be binding upon and applicable to Denmark unchanged. The judges shall be appointed by the Council, acting in accordance with the fourth paragraph of Article 257 of the Treaty on the Functioning of the European Union, after consulting the committee provided for by this Article. Any vacancy shall be filled by the appointment of a new judge for a period of six years. 1998, c.19, s.153(2). 1998, c.19, s.181(2). The Ministers of the Member States whose currency is the euro shall meet informally. 1, s. 30 - 01/11/2017. Declaration concerning the common foreign and security policyIn addition to the specific rules and procedures referred to in paragraph 1 of Article 24 of the Treaty on European Union, the Conference underlines that the provisions covering the Common Foreign and Security Policy including in relation to the High Representative of the Union for Foreign Affairs and Security Policy and the External Action Service will not affect the existing legal basis, responsibilities, and powers of each Member State in relation to the formulation and conduct of its foreign policy, its national diplomatic service, relations with third countries and participation in international organisations, including a Member State's membership of the Security Council of the United Nations.The Conference also notes that the provisions covering the Common Foreign and Security Policy do not give new powers to the Commission to initiate decisions nor do they increase the role of the European Parliament.The Conference also recalls that the provisions governing the Common Security and Defence Policy do not prejudice the specific character of the security and defence policy of the Member States.15. The compacting states also recognize that Congress, by enacting the Crime Control Act, 4 U.S.C. Section Amendments with date in force (d/m/y), 2002, c. 17, Sched. (See: 2015, c. 28, Sched. 2. 9.5 The Registrar may accept the information contained in any return or notice filed under this Act without making any inquiry as to its completeness or accuracy. The sum of the national central banks' monetary income shall be allocated to the national central banks in proportion to their paid up shares in the capital of the ECB, subject to any decision taken by the Governing Council pursuant to Article 33.2. (6) If, 30 days after the registration of the amendments to the declaration and description required for creating a phase, the declarant owns a majority of the units in the corporation, the board shall, at the request of the declarant, call a meeting of owners to elect a new board which shall hold office until a board is elected as required by subsection 43 (1). Declaration on Article 85(1), second subparagraph, of the Treaty on the Functioning of the European UnionThe Conference considers that the regulations referred to in the second subparagraph of Article 85(1) of the Treaty on the Functioning of the European Union should take into account national rules and practices relating to the initiation of criminal investigations.28. Articles 119, second paragraph, 126(1), (9) and (11), 127(1) to (5), 128, 130, 131, 132, 133, 138, 140(3), 219, 282(2), with the exception of the first and last sentences thereof, 282(5), and 283 of the Treaty on the Functioning of the European Union shall not apply to the United Kingdom. 1, s. 69 (3)). (4) At the meeting the owners shall, subject to section 60 with necessary modifications, appoint successors for the auditors mentioned in subsection (2). (Check all that apply. Articles 11 to 14 and Article 17 of the Protocol on the privileges and immunities of the European Union shall apply to the Judges, Advocates-General, Registrar and Assistant Rapporteurs of the Court of Justice of the European Union, without prejudice to the provisions relating to immunity from legal proceedings of Judges which are set out in the preceding paragraphs. (2.1) Despite any by-law, a meeting of owners may be held by telephonic or electronic means, as defined in subsection 52 (1.1), and an owner or a mortgagee who, personally or by proxy, through those means, votes at the meeting or establishes a communications link to the meeting shall be deemed, for the purposes of this Act, to be present at the meeting or represented by proxy, as the case may be. (See: 2015, c. 28, Sched. 1. 1, s. 52 (9)). William L Foster has been practicing law since 2006 as an attorney associate for a large litigation firm in Denver, Colorado. Not only is their service more convenient and time-efficient than visiting brick and mortar offices, but its more affordable tooand Ive been universally impressed by the quality of talent provided. Declaration by the Kingdom of Belgium on national ParliamentsBelgium wishes to make clear that, in accordance with its constitutional law, not only the Chamber of Representatives and Senate of the Federal Parliament but also the parliamentary assemblies of the Communities and the Regions act, in terms of the competences exercised by the Union, as components of the national parliamentary system or chambers of the national Parliament.52. The Kingdom of the Netherlands declares that an initiative for a decision, as referred to in Article 355(6) aimed at amending the status of the Netherlands Antilles and/or Aruba with regard to the Union, will be submitted only on the basis of a decision taken in conformity with the Charter for the Kingdom of the Netherlands. (2.2) An owner who, under subsection (2.1), is not entitled to consent may consent after the corporation receives payment of the arrears with respect to the owners unit. 2015, c. 28, Sched. (r) a statement whether the Superior Court of Justice has made an order appointing an inspector under section 130 or an administrator under section 131; (s) all other material that the regulations require. (b) all other material that the regulations require. (See: 2015, c. 28, Sched. The frequency of voting rights of the governors allocated to the first group shall not be lower than the frequency of voting rights of those of the second group. In such a case the other Member States shall abstain from formally placing the matter before the Council.Article 5If the Union decides to apply quantitative restrictions to petroleum products, no matter whence they are imported, these restrictions may also be applied to imports of such products from the Netherlands Antilles. He is active in a number of economic development, entrepreneurial accelerators, veterans and civic organizations in Florida and New York. The Conference underlines that the provisions in the Treaty on European Union covering the Common Foreign and Security Policy, including the creation of the office of High Representative of the Union for Foreign Affairs and Security Policy and the establishment of an External Action Service, do not affect the responsibilities of the Member States, as they currently exist, for the formulation and conduct of their foreign policy nor of their national representation in third countries and international organisations. 1998, c.19, s.27(1). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 94 (7) of the Act is amended by striking out conducting and substituting obtaining. This will lead to a common defence, when the European Council, acting unanimously, so decides. 1, s. 76. (j) to govern the maintenance or repair of the units, the common elements and the assets, if any, of the corporation; (k) to restrict the use and enjoyment that persons other than occupants of the units may make of the common elements and assets of the corporation, subject to any agreement made by the corporation with respect to the use and enjoyment of its common elements and assets that it shares with another person; (l) to govern the management of the property; Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 56 (1) of the Act is amended by adding the following clause: (See: 2015, c. 28, Sched. 7, s. 301 (2) - not in force. (2) The corporation may charge the prescribed fee for providing the status certificate. 1.36 (1) Subject to subsection (4), a corporation may apply to the Tribunal for the resolution of a prescribed dispute with one or more of its owners or one or more occupiers or mortgagees of a unit. (12) A party removing personal property under subsection (11) shall, (a) carry out the removal in a manner that facilitates the installation of other similar personal property for the purposes of telecommunications; and. 1.40 (1) Despite section 4.8 of the Statutory Powers Procedure Act, the Tribunal may direct the parties to a proceeding to participate in an alternative dispute resolution mechanism for the purposes of resolving the proceeding or an issue arising in the proceeding. Land Titles Act and shall be known in English as the Condominium Corporations Index and in French as Rpertoire des associations condominiales. Declaration on Article 5(3), (4) and (5) of the Protocol on the Schengen acquis integrated into the framework of the European Union48. 2015, c. 28, Sched. 1, s. 141 - 01/11/2017. ConsensusDOCS has revised the clause since then to delete some of the fiduciary language. 1, s. 31 (1, 2) - 01/11/2017. (3) Subject to subsection (4), the owners at the time of the registration of the deed, as determined by the regulations, shall share the net proceeds of the sale in the same proportions as their common interests, subject to the conditions, if any, that are prescribed. (2) It is recalled that it is the practice of the Council to devote every effort to strengthening the democratic legitimacy of decisions taken by a qualified majority,HAS DECIDED AS FOLLOWS:Section 1Provisions to be applied from 1 November 2014 to 31 March 2017Article 1From 1 November 2014 to 31 March 2017, if members of the Council, representing:(a) at least three quarters of the population, or(b) at least three quarters of the number of Member Statesnecessary to constitute a blocking minority resulting from the application of Article 16(4), first subparagraph, of the Treaty on European Union or Article 238(2) of the Treaty on the Functioning of the European Union, indicate their opposition to the Council adopting an act by a qualified majority, the Council shall discuss the issue.Article 2The Council shall, in the course of these discussions, do all in its power to reach, within a reasonable time and without prejudicing obligatory time limits laid down by Union law, a satisfactory solution to address concerns raised by the members of the Council referred to in Article 1.Article 3To this end, the President of the Council, with the assistance of the Commission and in compliance with the Rules of Procedure of the Council, shall undertake any initiative necessary to facilitate a wider basis of agreement in the Council. 1998, c.19, s.174(6). Such solutions shall not run counter to the objectives of the decision referred to in paragraph 1 or impair its effectiveness. (3) Despite subsection (1), the Licence Appeal Tribunal may order any other method of service. (d) the corporation has included a copy of the agreement described in clause (b) in a notice that the corporation is required to send to the owners, if the corporation is required to send that notice. The Protocols and Annexes to the Treaties shall form an integral part thereof. Member States shall ensure that their national policies conform to the Union positions.Article 30(ex Article 22 TEU)1. In the cases provided for in Article 256(2) and (3) of the Treaty on the Functioning of the European Union, where the First Advocate-General considers that there is a serious risk of the unity or consistency of Union law being affected, he may propose that the Court of Justice review the decision of the General Court. 1, s. 18 (2). 2015, c. 28, Sched. (1) Unless the regulations provide otherwise, nothing in a declaration, a by-law, an agreement or an instrument affects any remedy that the corporation may have at law against a declarant or a declarant affiliate until a board of the corporation described in subsection (2) decides otherwise. 1, s. 8 (1). Get free proposals from vetted lawyers in our marketplace. There exist restrictions or standards with respect to the occupancy or use of units or proposed units or the use of common elements or proposed common elements that are based on the nature or design of the facilities and services on the property or on other aspects of the buildings located on the property. (3) Upon payment of the portion of the encumbrance described in subsection (1) or (2), and upon demand, the encumbrancer shall give to the owner a discharge of the owners unit or parcel of land, as the case may be, and common interest, in accordance with the requirements of the regulations. (a) the owner has waived or abandoned the right to use the common elements or part of them; (b) the owner is making a claim against the corporation; or. (2.1) Despite subsection (2), if the last day on which a meeting is required to be held under subsection (2) is a day that falls within the period of the declared emergency, the last day on which the meeting is instead required to be held is no later than the 90th day after the day the emergency is terminated. It shall contribute to peace, security, the sustainable development of the Earth, solidarity and mutual respect among peoples, free and fair trade, eradication of poverty and the protection of human rights, in particular the rights of the child, as well as to the strict observance and the development of international law, including respect for the principles of the United Nations Charter. 1, s. 51 (9). B, s.7(7). 111 (1) Subject to subsection (2), a corporation may, by resolution of the board, terminate an agreement under which it receives condominium management services and that it has entered into with a person before the owners elected a new board at a meeting held in accordance with subsection 43 (1). In this context, the Conference confirms the attachment of the Union to the cultural diversity of Europe and the special attention it will continue to pay to these and other languages. 1, s. 61 - 01/01/2021. An appeal to the Court of Justice shall be limited to points of law. The Conference also notes that the provisions covering the Common Foreign and Security Policy do not give new powers to the Commission to initiate decisions nor do they increase the role of the European Parliament. 1, s. 100). Declaration by the United Kingdom of Great Britain and Northern Ireland on the definition of the term "nationals"64. Member States which are also members of the United Nations Security Council will concert and keep the other Member States and the High Representative fully informed. Within the limits and under the conditions adopted by the Council under the procedure laid down in Article 41, the ECB shall be entitled to impose fines or periodic penalty payments on undertakings for failure to comply with obligations under its regulations and decisions. 1998, c.19, s.4(4); 2006, c.17, s.248(2). (2) The condominium authority may use the money described in subsection (1) to carry out activities in accordance with its objects, subject to subsection 1.23 (2) and any restrictions in this Part. The national central banks shall carry out, to the extent possible, the tasks described in Article 5.1. 2015, c. 28, Sched. Declaration on Article 252 of the Treaty on the Functioning of the European Union regarding the number of Advocates-General in the Court of Justice39. 1998, c.19, s.59(6). Any person whose application to intervene has been dismissed by the General Court may appeal to the Court of Justice within two weeks from the notification of the decision dismissing the application. 1998, c.19, s.57(4); 2015, c. 28, Sched. The Rules of Procedure shall determine which organ is competent to adopt the provisions applicable to staff.8. The guarantees and practices existing in each Member State as regards the responsibility of the social partners will not be affected. (a) Definition. (b) the corporation, if the first board has not been appointed in accordance with subsection 42 (1). 2015, c. 28, Sched. (3) The declarant and the board shall be deemed to have agreed in writing to submit a disagreement between the parties with respect to the budget statement described in subsection 72 (6) or the obligations of the declarant under section 75 to mediation and arbitration in accordance with clauses (1) (a) and (b) respectively. (c) the declaration, by-laws or rules restrict the owner from using the common elements or part of them. 2015, c. 28, Sched. The effect of the exemption shall be that all Articles and provisions of the Treaties and the Statute of the ESCB referring to a derogation shall be applicable to Denmark. He shall contribute by his proposals to the development of that policy, which he shall carry out as mandated by the Council. The Rules of Procedure shall specify the qualifications required of the members of the Committee and lay down the terms and conditions for the Committee's activity. (See: 2015, c. 28, Sched. 6.1. Notification pursuant to Article 4 shall be submitted no later than six months after the final adoption of a measure if this measure builds upon the Schengen acquis.If Denmark does not submit a notification in accordance with Articles 3 or 4 regarding a measure building upon the Schengen acquis, the Member States bound by that measure and Denmark will consider appropriate measures to be taken.2. Other parties must be represented by a lawyer. 1, s. 21 (1) - 14/07/2020; 2015, c. 28, Sched. 1, s. 62 (2)). [19] Replaced by Articles 87 and 88 TFEU. A Committee consisting of six members, appointed on the grounds of their competence by the Board of Governors, shall verify that the activities of the Bank conform to best banking practice and shall be responsible for the auditing of its accounts.2. Your use of this site is subject to our Terms of Use, Disclaimer and Privacy Policy.
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