Domestic Law. The provisions of this Agreement shall be subject to the applicable laws and regulations of the Parties.
Domestic Law. 136. The Supreme Court of Canada has explored the complexity of making comparisons in developing a line of authority concerning discrimination against individuals. In the Andrews case, the Court stated that the question of whether or not discrimination exists cannot be determined by applying a purely mechanical test to determine whether similarly situated individuals are treated in the same manner.85 Whether individuals are “similarly situated”, and have been treated in a substantively equal manner, depends on an examination of the context in 82 Declaration on International Investment and Multinational Enterprises, OECD/GD (97) 36, dated June 27, 1976 (Vol. IIA.2; Tab A-18). 83 As quoted in S.D. Myers Inc. v. Government of Canada, Partial Award, November 13, 2000, at ¶248 (Vol. IIB.1; Tab B-6). 84 The Congressional Record cited in the FHWA Final Rule, as reviewed above in the section dealing with Congressional Intent behind the adoption of the Buy America measures, undoubtedly establishes the determinative role of the United States’ steel industry lobby group as being the true proponents behind the adoption of section 165 of the STAA of 1982. 85 Andrews v. Law Society of British Columbia,  1 S.C.R. 143, at pp. 163-176 (Vol. IIB.2; Tab B-14). There were, of course, many cases that followed in the wake of the Andrews decision. The Investor does not intend to review all the subsequent case law and limits itself to simply stating that the Andrews precedent was really the first to firmly capture the new meaning of “discrimination” to be applied in equal rights cases in Canada. which a measure is established and applied in the specific circumstances of each case. Such a context admits that equality rights provisions can come in aid to those who, like Mr. Andrews, have little political power or who can exert little political influence.
Domestic Law. (a) Primary legislation The line ministry initiates policy research with regard to an issue identified (with the approval of the Minister); A policy document is drafted, and if a Bill is required, the Bill is usually drafted at the same time and attached as an Annexure to the Draft Policy Document; The Policy Document and Bill is submitted to the line minister for approval and for submission to Cabinet for in principle approval (submissions are to be accompanied by a ministerial memorandum and a cabinet memorandum setting out the consultation processes followed as well as a Social and Economic Impact Assessment); Following Cabinet approval, the Bill is submitted to the State law advisers for pre-certification, after which the Bill may be published for public comment; Comments received during the publication period are incorporated into the Bill; The Final Bill is submitted together with the Ministerial and Cabinet Memoranda and the final Social and Economic Impact Assessment, to the Ministers for submission to the Cabinet; Following approval, the Bill is again submitted to the State Law Advisers for final scrutiny for consistency with current law and constitutionality and certification; The Bill is tabled in Parliament. The Constitution distinguishes between four categories of Bills, namely— o section 74 Bills – Bills amending the Constitution; o section 75 Bills – ordinary Bills not affecting the provinces; o section 76 Bills – ordinary Bills affecting the provinces; and o section 77 Bills – money Bills (that is Bills that deal with appropriations, taxes, levies or duties). Different processes are prescribed in relation to the above types of Bills. The first step, after a Bill has been introduced, is for the relevant Bill to be referred to the Joint Tagging Mechanism (“JTM”) for classification into one of the above categories. If a Bill does not clearly fit into one category, or if it fits into more than one category, it is usually redrafted or split into more than one Bill; The Bill is then referred to the relevant Portfolio Committee for consideration. If there is great public interest in a Bill, the Portfolio Committee may organise public hearings to allow interested parties to submit written comments and sometimes make oral representations on the provisions of the Bill. The members of the relevant Portfolio Committee are then tasked with considering and debating the Bill in order to determine whether they are satisfied with the p...
Domestic Law a) Primary legislation The line ministry initiates legislation (a bill) based on policy changes or new policy to be implemented; A layman’s draft of a bill is compiled and submitted to the Ministry of Justice; The Attorney General and the Solicitor General clear the bill; The bill is referred back to the line ministry for submission to the Cabinet Committee for Legal and Constitutional Affairs for approval; If the Cabinet Committee for Legal and Institutional Affairs approves the bill, it is submitted to the full Cabinet for approval; Once the Cabinet has approved a bill, it is sent to the Government Printers and submitted to Parliament within 28 days from approval; The bill goes through three readings in parliament, of which the first reading consists mainly of the tabling of the bill. During this phase the bill can be referred to a standing committee of Parliament. The second reading is for discussing the bill and the third for voting on the bill, and. If a bill is approved by the majority of Parliament, it is submitted to the President for signature (assent), after which it is published in the Government Gazette.