[20] Replaced by Articles 82, 83 and 85 TFEU. Witnesses may be heard under conditions laid down in the Rules of Procedure. [58] Replaced, in substance, by Article 19, paragraph 2, first subparagraph, of the TEU. 1, s. 114 (8). In the cases governed by Article 267 of the Treaty on the Functioning of the European Union, the decision of the court or tribunal of a Member State which suspends its proceedings and refers a case to the Court of Justice shall be notified to the Court by the court or tribunal concerned. (4) To terminate an agreement, the board shall give at least 60 days notice in writing of the date of termination to the person with whom the declarant entered into the agreement. 2020, c. 14, Sched. 1, s. 12. 1998, c.19, s.18(2). (3) For the purposes of the Expropriations Act, all the rights under that Act of the owners of the land to be expropriated in respect of which a document has been served on the corporation under subsection (1) shall be transferred to and exercised by the corporation, subject to section 126. By derogation from the provisions of paragraph 1, the Council shall act by qualified majority: - when adopting a decision defining a Union action or position on the basis of a decision of the European Council relating to the Union's strategic interests and objectives, as referred to in Article 22(1). Those Member States which together establish multinational forces may also make them available to the common security and defence policy. If a State which has withdrawn from the Union asks to rejoin, its request shall be subject to the procedure referred to in Article 49.Article 51The Protocols and Annexes to the Treaties shall form an integral part thereof.Article 521. (3) The amount of a reserve fund shall constitute an asset of the corporation and shall not be distributed to the mortgagees of the units or, except on termination of the corporation, to the owners of the units. 1, s. 62 (5). major repair means repair as determined in accordance with the regulations, if any. 6. 1998, c.19, s.165(5). In accordance with Article 132 of the Treaty on the Functioning of the European Union, the ECB shall: - make regulations to the extent necessary to implement the tasks defined in Article 3.1, first indent, Articles 19.1, 22 or 25.2 and in cases which shall be laid down in the acts of the Council referred to in Article 41; - take decisions necessary for carrying out the tasks entrusted to the ESCB under these Treaties and this Statute; - make recommendations and deliver opinions. 1, s. 6. 1, s. 45 (2). 2015, c. 28, Sched. The Board of Governors shall determine the remuneration of members of the Board of Directors. 2015, c. 28, Sched. This Agreement shall commence on the Effective Date and shall continue for a period of one (l)year from the Effective Date (the Initial Term), unless earlier terminated pursuant toSections 4.2, 4.3, 4.4, or 4.5or extended as provided in thisSection4.1. The latter, however, may address the Court of Justice only through their representatives. Each member of the Governing Council shall have one vote. 2015, c. 28, Sched. Taking into account the elections to the European Parliament and after having held the appropriate consultations, the European Council, acting by a qualified majority, shall propose to the European Parliament a candidate for President of the Commission. 1. If, after the introduction of the euro, the balance sheet structures of the national central banks do not, in the judgment of the Governing Council, permit the application of Article 32.2, the Governing Council, acting by a qualified majority, may decide that, by way of derogation from Article 32.2, monetary income shall be measured according to an alternative method for a period of not more than five years.32.4. Find Free Printable Samples of Simple Business Partnership Agreements, Business Partner Agreements, HIPAA General Agreements, Operating Agreement, and User Agreements, and Any Written Agreement on Our Website. 1, s. 9 (4)). Acts adopted in the framework of enhanced cooperation shall bind only participating Member States. (2) If an owner submits a dispute to mediation in accordance with the agreement mentioned in subsection (1), section 132 applies to the dispute with necessary modifications as if it were a disagreement under that section. The voting arrangements applying to the European Parliament, the European Council and the Council for the purposes of this Article are laid down in Article 354 of the Treaty on the Functioning of the European Union.Article 81. (2) A corporation shall maintain one or more accounts in its name designated as general accounts and one or more accounts in its name designated as reserve fund accounts. In accordance with the first subparagraph of Article 283(2) of the Treaty on the Functioning of the European Union, the Executive Board shall comprise the President, the Vice-President and four other members. 1998, c.19, s.30(1). 1998, c.19, s.87(6). [61] Replaced, in substance, by Article 300, paragraph 2 of the TFEU. (b) contravenes or fails to comply with subsection 1.30 (6) or any provision of Part II.1, other than section 9.4. (b) file the report with the Corporation within the meaning of the Ontario New Home Warranties Plan Act 2020, c. 14, Sched. 1, s. 63 - not in force. They shall step up cooperation by exchanging information and carrying out joint assessments. 1, s. 12. 1, s. 43 (2). 161 (1) Before delivering the first disclosure statement and the condominium guide as required by section 72, the declarant with respect to a unit or a proposed unit in a vacant land condominium corporation shall request from the municipality in which the land is situated or from the Minister of Municipal Affairs and Housing if the land is not situated in a municipality, a statement of the services provided by the municipality or the Minister, as the case may be, including the construction and maintenance of roads. (ii) the approximate location of the buildings and structures to be contained in the phase and a description of the facilities and services to be contained in the phase. (2) Subsection (1) does not apply to money received, (a) on account of the purchase of personal property included in the proposed unit that is not to be permanently affixed to the land; or. 1, s. 10 (1, 2, 4-9) - not in force; 2015, c. 28, Sched. 1, s. 88. On a reasoned proposal by one third of the Member States, by the European Parliament or by the European Commission, the Council, acting by a majority of four fifths of its members after obtaining the consent of the European Parliament, may determine that there is a clear risk of a serious breach by a Member State of the values referred to in Article 2. The Court of Justice may order that a witness or expert be heard by the judicial authority of his place of permanent residence. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 6 (4) of the Act is amended by striking out and at the end of clause (a), by adding and at the end of clause (b) and by adding the following clause: (See: 2015, c. 28, Sched. 1, s. 67 (1) - 01/11/2017; 2015, c. 28, Sched. The powers of the institutions with regard to those acts shall be those set out in the Treaties. These include white papers, government data, original reporting, and interviews with industry experts. (9) Within 15 days of proposing a plan, the board shall, (a) send to the owners a notice containing a summary of the study, a summary of the proposed plan and a statement indicating the areas, if any, in which the proposed plan differs from the study; and. 1, s. 126 (2). The Conference declares that Member States may indicate, when they make a request to establish enhanced cooperation, if they intend already at that stage to make use of Article 333 providing for the extension of qualified majority voting or to have recourse to the ordinary legislative procedure. If the quorum is not met, the President may convene an extraordinary meeting at which decisions may be taken without regard to the quorum.10.3. (2) If the Auditor General conducts an audit under subsection (1), the condominium authority shall give the Auditor General and employees of the Auditor General access to all records and other information required to conduct the audit. 1, s. 87 - not in force. (2) A condominium guide may be prepared in different versions depending on the type of corporation, the persons or the circumstances to which it applies, all as the Minister may determine. This reasoned opinion, as well as the reasoned opinions of the national Parliaments, will have to be submitted to the Union legislator, for consideration in the procedure: (a) before concluding the first reading, the legislator (the European Parliament and the Council) shall consider whether the legislative proposal is compatible with the principle of subsidiarity, taking particular account of the reasons expressed and shared by the majority of national Parliaments as well as the reasoned opinion of the Commission; (b) if, by a majority of 55 % of the members of the Council or a majority of the votes cast in the European Parliament, the legislator is of the opinion that the proposal is not compatible with the principle of subsidiarity, the legislative proposal shall not be given further consideration. The European Parliament shall forward its draft legislative acts and its amended drafts to national Parliaments. (2) Despite any provision of this Act or the regulations and despite the declaration or by-laws of a corporation, anything required by this Act or the regulations to be given to an owner or a mortgagee in respect of any meeting under this Act is sufficiently served if it is given by electronic means. If after a reasonable period of time a measure referred to in paragraph 1 cannot be adopted with the United Kingdom or Ireland taking part, the Council may adopt such measure in accordance with Article 1 without the participation of the United Kingdom or Ireland. [64] Replaced, in substance, by Article 310, paragraph 4, TFEU. It shall be concluded on behalf of the Union by the Council, acting by a qualified majority, after obtaining the consent of the European Parliament.3. The Council shall, jointly with the European Parliament, exercise legislative and budgetary functions. 2020, c. 14, Sched. 44.1. 1, s. 2 - 01/09/2017; 2015, c. 28, Sched. 1, s. 4. 2017, c. 33, Sched. By way of derogation from Article 12.3, the General Council shall adopt its Rules of Procedure.45.5. RECOGNISE the need to monitor regularly the progress made towards achieving economic, social and territorial cohesion and state their willingness to study all necessary measures in this respect. 5. The order shall be sent for implementation to the competent judicial authority under conditions laid down in the Rules of Procedure. Declaration on Article 126 of the Treaty on the Functioning of the European UnionWith regard to Article 126, the Conference confirms that raising growth potential and securing sound budgetary positions are the two pillars of the economic and fiscal policy of the Union and the Member States. The second group shall be composed of half of the total number of governors, with any fraction rounded up to the nearest integer, and shall be assigned eight voting rights. (8) The person who conducts a performance audit shall prepare a written report that includes. The notice shall be given to the director by one of the following means. The appeal shall contain the name and permanent address of the applicant and the description of the signatory, a reference to the decision against which the appeal is brought, the names of the respondents, the subject-matter of the dispute, the submissions and a brief statement of the grounds on which the appeal is based. Step 10. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 75 (2) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. 1998, c.19, s.90(2). Which of the following is an order requiring that the breaching party fulfill the terms of the agreement? 1, s. 12. It shall execute the budget and manage programmes. 1. (3) If the nature of the business to be presented at the meeting includes the removal of one or more of the directors, the requisition shall state, for each director who is proposed to be removed, the name of the director, the reasons for the removal and whether the director occupies a position on the board that under subsection 51 (6) is reserved for voting by owners of owner-occupied units. 1, s. 10 (8)). 1, s. 12. Declaration on Article 168(4)(c) of the Treaty on the Functioning of the European Union33. The condominium authority is facing a risk of insolvency. [12] - Paragraph 1 replaces, in substance, Article 211 TEC;- paragraphs 3 and 7 replace, in substance, Article 214 TEC.- paragraph 6 replaces, in substance, paragraphs 1, 3 and 4 of Article 217 TEC. 2. It is still the case today. In the event that the Treaty of Lisbon enters into force later than 1 January 2009, the Conference requests the competent authorities of the Member State holding the six-monthly Presidency of the Council at that time, on the one hand, and the person elected President of the European Council and the person appointed High Representative of the Union for Foreign Affairs and Security Policy, on the other hand, to take the necessary specific measures, in consultation with the following six-monthly Presidency, to allow an efficient handover of the material and organisational aspects of the Presidency of the European Council and of the Foreign Affairs Council. HAVE AGREED upon the following provisions, which shall be annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union: The provisions of Article 14 of the Protocol on the Statute of the European System of Central Banks and of the European Central Bank shall not affect the right of the National Bank of Denmark to carry out its existing tasks concerning those parts of the Kingdom of Denmark which are not part of the Union. 2015, c. 28, Sched. 2015, c. 28, Sched. These amendments shall not enter into force until they are approved by the Member States in accordance with their respective constitutional requirements.40.3. 51 (1) For an owner to vote at a meeting of owners, the owners name must appear in the record of the corporation required by section 46.1 or be required by that section to appear in that record and the owner must be entitled to vote at the meeting. This Treaty may also be translated into any other languages as determined by Member States among those which, in accordance with their constitutional order, enjoy official status in all or part of their territory. Without prejudice to Article 38, the President or his nominee shall represent the ECB externally.Article 14National central banks14.1. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 20 (2) of the Act is repealed and the following substituted: (See: 2015, c. 28, Sched. Declaration on Article 174 of the Treaty on the Functioning of the European UnionThe Conference considers that the reference in Article 174 to island regions can include island States in their entirety, subject to the necessary criteria being met.34. He shall ensure that the views of the European Parliament are duly taken into consideration. Where the Treaty on the Functioning of the European Union or Title V of this Treaty provides for the Council to act by unanimity in a given area or case, the European Council may adopt a decision authorising the Council to act by a qualified majority in that area or in that case. Attorney Yu represents clients in business and real estate transactions and has successfully handled more than 200 cases. 1998, c.19, s.126(2). 2015, c. 28, Sched. 1, s. 10. 1998, c.19, s.147(4). 141 Clauses 8 (1) (c), (d), (f) and 8 (3) (b) do not apply to a description for a common elements condominium corporation. 1.8 The Minister may exercise a power under subsection 1.2 (3), 1.3 (1), 1.6.1 (1) or 1.24 (1) only if the Minister is of the opinion that it is advisable to exercise the power in the public interest because at least one of the following conditions is satisfied: 1. Through ______, parties discharge their duty by making an offer to perform and being ready, willing, and able to perform. 3.2.1 Procurements are managed in a manner that enables 1, s. 62 (12)). Pursuant to Article 1 and subject to Articles 3, 4 and 8, none of the provisions in Title V of Part Three of the Treaty on the Functioning of the European Union, no measure adopted pursuant to that Title, no provision of any international agreements concluded by the Union pursuant to that Title, no decision of the Court of Justice of the European Union interpreting any such provision or measure shall be binding upon or applicable in Denmark; and no such provision, measure or decision shall in any way affect the competences, rights and obligations of Denmark; and no such provision, measure or decision shall in any way affect the Community or Union acquis nor form part of Union law as they apply to Denmark. 1, s. 42. 1, s. 85 (3). 1, s. 134 (2)). (5) The portion of the proceeds of the sale that is attributable to a portion of the common elements that is for the use of the owners of certain designated units, and not all the owners, shall be divided among the owners of the designated units in the proportions in which their interests are affected. If notice of termination is provided by Client but TRAVELTRAX services provided by TRX extend past the termination date of the then-current term, then pricing for such TRAVELTRAX services shall be, at Clients option, either (a)a *; or (b)a *. 1, s. 2. 2015, c. 28, Sched. (5) If a declarant on behalf of a corporation has entered into an agreement for the mutual use, provision or maintenance or the cost-sharing of facilities or services before the registration of the amendments to the declaration and description required for creating a phase, and the agreement affects the property contained in the phase, any party to the agreement may, within 12 months following the first election of the board under section 43 after the registration of the amendments, make an application to the Superior Court of Justice for an order under subsection (6). In the event of abrogation of the exemption status, the provisions of this Protocol shall cease to apply.PROTOCOL (No 17)ON DENMARKTHE HIGH CONTRACTING PARTIES,DESIRING to settle certain particular problems relating to Denmark,HAVE AGREED upon the following provisions, which shall be annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union:The provisions of Article 14 of the Protocol on the Statute of the European System of Central Banks and of the European Central Bank shall not affect the right of the National Bank of Denmark to carry out its existing tasks concerning those parts of the Kingdom of Denmark which are not part of the Union.PROTOCOL (No 18)ON FRANCETHE HIGH CONTRACTING PARTIES,DESIRING to take into account a particular point relating to France,HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union:France will keep the privilege of monetary emission in New Caledonia, French Polynesia and Wallis and Futuna under the terms established by its national laws, and will be solely entitled to determine the parity of the CFP franc.PROTOCOL (No 19)ON THE SCHENGEN ACQUIS INTEGRATED INTO THE FRAMEWORK OF THE EUROPEAN UNIONTHE HIGH CONTRACTING PARTIES,NOTING that the Agreements on the gradual abolition of checks at common borders signed by some Member States of the European Union in Schengen on 14 June 1985 and on 19 June 1990, as well as related agreements and the rules adopted on the basis of these agreements, have been integrated into the framework of the European Union by the Treaty of Amsterdam of 2 October 1997,DESIRING to preserve the Schengen acquis, as developed since the entry into force of the Treaty of Amsterdam, and to develop this acquis in order to contribute towards achieving the objective of offering citizens of the Union an area of freedom, security and justice without internal borders,TAKING INTO ACCOUNT the special position of Denmark,TAKING INTO ACCOUNT the fact that Ireland and the United Kingdom of Great Britain and Northern Ireland do not participate in all the provisions of the Schengen acquis; that provision should, however, be made to allow those Member States to accept other provisions of this acquis in full or in part,RECOGNISING that, as a consequence, it is necessary to make use of the provisions of the Treaties concerning closer cooperation between some Member States,TAKING INTO ACCOUNT the need to maintain a special relationship with the Republic of Iceland and the Kingdom of Norway, both States being bound by the provisions of the Nordic passport union, together with the Nordic States which are members of the European Union,HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union:Article 1The Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland and the Kingdom of Sweden shall be authorised to establish closer cooperation among themselves in areas covered by provisions defined by the Council which constitute the Schengen acquis. 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