Examples of Federal Accord Act in a sentence
According to the Claimants, the 2004 Guidelines are not exempted by Article 1108(1)(a) of the NAFTA (as an existing non-conforming measure) and are not covered by Canada’s Annex I Reservations, which describe the aspects of the Federal Accord Act that do not conform with Article 1106.
The Tribunal also finds no such requirements in the Federal Accord Act, or the Provincial Accord Act.
The same conclusions apply in relation to the Provincial Accord Act, Section 45 of which cannot be read to expressly or impliedly prohibit a benefits plan that establishes a prescribed level of R&D, and Section 147 of which provides an analogous provision to Section 151.1 of the Federal Accord Act.
The essential point, however, is that the Claimants have not been able to point to any promise or representation made by any person on behalf of the Board or the Respondent that the Benefits Plans, or the decisions that adopted them, would not be supplemented by any changes, including changes that were consistent with and lawful under the Atlantic Accord, the Federal Accord Act and the Provincial Accord Act.
The Tribunal agrees that neither of these instruments could amount to a representation, made by or on behalf of the Respondent, that the 1986 Benefits Plan would not be changed or that a new Benefits Plan that is consistent with the requirements of the Federal Accord Act and/or the Provincial Accord Act, might not be adopted.
In short, neither the Federal Accord Act nor the Provincial Accord Act may be interpreted as making any promise or representation not to change an existing benefits plan or to impose a new plan that is consistent with the requirements of the Federal Accord Act and/or the Provincial Accord Act.
The Court of Appeal’s findings, as here emphasized, are not without relevance to our assessment of whether the Claimants had a legitimate expectation that a certain standard of conduct would be met in relation to measures adopted under the Federal Accord Act and the Provincial Accord Act.
In support of their claim that R&D and E&T expenditures constitute a performance requirement under Article 1106, the Claimants reference Canada’s Annex I Reservation for the Federal Accord Act.
The target number of bits is further allocated to each basic unit.
The question of consistency with the Atlantic Accord, the Federal Accord Act and the Provincial Accord Act was fully addressed by the Canadian courts, and resolved as a matter of Canadian law by the judgment of September 4, 2008 of the Newfoundland and Labrador Court of Appeal.