Legislation Sets Research Articles

The Employment Standards Enforcement Gap and the Overtime Pay Exemption in Ontario

Employment Standards (es) legislation sets minimum terms and conditions of employment in areas such as wages, working time, vacations and leaves, and termination and severance. es legislation is designed to provide minimum workplace protections, particularly for those with little bargaining power in the labour market. In practice, however, es legislation includes ways in which legislated standards may be avoided, including through exemptions that exclude specified employee groups, fully or partially, from legislative coverage. With a focus on the Ontario Employment Standards Act, this article develops a case study of exemptions to the overtime pay provision of the act and regulations and examines in closer detail three specific areas in which exemptions apply. Through this study of the overtime pay exemption, the system of exemptions is presented as a contradictory approach to the regulation of es that, in effect, reduces es coverage, contributes to the avoidance of key legislated standards, and undermines the goal of providing protection for workers in precarious jobs.
 
 La Loi sur les normes d’emploi fixe des conditions minimales d’emploi dans des domaines tels que les salaires, la durée du travail, les vacances et les congés, ainsi que les licenciements et les indemnités de départ. Cette loi vise à fournir une protection minimale sur le lieu de travail, en particulier pour ceux qui ont un faible pouvoir de négociation sur le marché du travail. Cependant, dans la pratique, la Loi sur les normes d’emploi comprend des moyens pour éviter les normes législatives, notamment par le biais d’exemptions excluant totalement ou partiellement certains groupes d’employés de la couverture législative. En mettant l’accent sur la Loi sur les normes d’emploi de l’Ontario, cet article élabore une étude de cas sur les exemptions à la disposition de la loi et de ses règlements sur la rémunération des heures supplémentaires et examine plus en détail trois domaines spécifiques dans lesquels les exemptions s’appliquent. Dans cette étude sur l’exemption des heures supplémentaires, le système d’exemptions est présenté comme une approche contradictoire de la réglementation de la Loi sur les normes d’emploi qui, en réalité, réduit sa couverture, contribue à éviter les normes clés définies par la loi et sape l’objectif de protection des travailleurs qui occupent des emplois précaires.

Protection of Retail Investors

Mis-selling is a serious problem disrupting trust of investors in financial markets. As behavioural research gradually exposed, mis-selling is inextricably linked to mental weakness(es) in the decision-making process that have not been sufficiently reflected in the European financial service legislation. The recent set of legislation indicates a change in the regulatory approach to financial product distribution (FPD) and introduces new legal instruments poised to cope with mental weaknesses through a more robust and elaborate investor protection regime. This paper offers a critical review of the selected legislative amendments and surveys whether they improve the quality of investor protection; finally, it analyzes implications of Brexit for FPD.

High levels of mislabeling in shark meat – Investigating patterns of species utilization with DNA barcoding in Greek retailers

Food authenticity has received an increasing focus due to high profile cases of substitution/mislabeling, with many investigations identifying sales of endangered or prohibited species. At the same time, the European Union (EU) has introduced one of the most progressive sets of legislation in order to promote traceability and protect consumers. This study aims to identify shark species that are sold under the commercial term “Galeos” in Greece (which officially designates Mustelus mustelus, M. punctulatus and M. asterias), using DNA barcoding. A total of 87 samples were collected from fishmongers and markets across four cities. A combination of two mitochondrial genes, the cytochrome c oxidase subunit I (COI) and the 16S ribosomal RNA (16S), were used to analyze samples, and species were identified by reference to genetic databases. The results revealed significant differences in patterns of species utilization between cities and retailers. Across the study an extremely high level of mislabeling was identified (56%). This probably relates to some degree of unintentional misidentification and confusion surrounding the designation in Greece, but highlights how consumers are unprotected from incorrect/misleading labels. Over half of products originated from species that are locally listed as threatened by the ICUN red list, and of the mislabeled products, 23% originated from species with prohibitions on landings or CITES listings. This includes large growing sharks with little resemblance to Mustelus spp. and likely demonstrates deliberate substitution. It shows how mislabeled products are providing a route for prohibited/protected sharks to enter the supply chain and be sold to consumers.

Phthalic acid esters content in yoghurt with chia flour and bamboo fiber during storage time

Phthalic acid esters are plasticizers, they can migrate freely from plastic to their surroundings. They have negative health effects. European legislation sets specific migration limits for phthalic acid esters. In our study, we deal with two esters of phthalic acid, dibutylphtalate (DBP) and di-(2-ethylhexyl) phthalate (DEHP). It was studied the effect of storage of four types of yoghurt on the concentration of phthalic acid esters. Yoghurts contained 1% chia flour, 5% chia flour, 1% bamboo fiber and 5% bamboo fiber. Yoghurts were stored in plastic cups, which contained both examined phthalic acid esters. Esters of phthalic acid were determined after 1 week of storage then after 2 weeks of storage and in the original raw material. Furthermore, the pH of the yoghurt was determined. The pH values ”‹”‹were correlated with phthalate concentrations: the correlation coefficient for DBP with a pH of -0.0265 and for DEHP with a pH of 0.3075. Mean concentrations of DEHP decreased over time, while DBP decreased for yoghurt with 1% chia flour, while in other cases they increased. The mean DBP concentrations in yoghurt were higher than the average concentrations of DEHP. Comparing the mean sample values ”‹”‹with t-test for dependent samples for yoghurt of the same type, when comparing the DBP or DEHP concentration in week 1 with the DBP or DEHP concentration at week 2, the mean values ”‹”‹were consistent. It can be noted that there was no increase in DEHP concentrations from cups to yoghurts, which was probably due to a lower concentration in cups than the DBP concentration. DBP concentrations increased in 3 of the 4 types of yoghurt. The determined pH in yoghurts did not differ significantly. Apparently a greater effect on the migration of phthalic acid esters will have in our case a different yoghurt consistency than pH. It would be appropriate to examine the effect of food density on the migration of phthalic acid esters. Likewise, it would be appropriate to examine the effect of pH but in the same food with different pH on the migration of phthalic acid esters.

Legal Regulation of Equity Construction: Shortcomings Determining Some Types of Economic Crimes

There are various types of unlawful, including criminal, behavior in the sphere of construction, but the lawmakers have reduced them all to «defrauding shareholders». The growth in the number of such offences is directly connected with the shortcomings in the system of subcontractor bidding, the legislation on self-regulating organizations and the general economic climate for developers. The authors conclude that «defrauded shareholders» are the result of failed financial pyramid schemes devised by developers to compensate for insufficient funds and expensive bank loans. The lawmakers should take into account not only the position of shareholders, but also the position of developers who need a cheap loan, while amendments to legislation set various limits to means available to them. Calculations show that a bank loan with a 5 % interest automatically eliminates most problems, but this solution is outside the industrys control. At present, a developer can only obtain a loan for project funding if the full project documentation is ready, the construction permit has been obtained and at least 30 % of the total amount has already been invested in the site. Most developers cannot meet these requirements. To summarize, there should be adequate punishment for offenders in the sphere of real estate (imposition of fines proportionate to the public danger of the action). At the same time, administrative liability is incurred if the actions of a person do not constitute a criminal offense. Administrative liability is less repressive than the criminal one, which is evident from the comparative analysis of administrative and criminal punishments and the type of deprivations and encumbrances that they entail. The future of equity construction depends not only on criminal or administrative legislation, but on the economic climate in Russia and the complex financial and legal measures aimed at protecting defrauded shareholders.

Strengthening primary care: The Veneto Region’s model of the Integrated Medical Group

PurposeThis paper aims to illustrate the development of the Veneto Region’s (Italy) new primary care model and to report on the preliminary results. BackgroundAchieving integrated management and continuity of care are the two main aims of the Veneto Region’s health planning legislation for 2012-2016. Under this framework, and to meet new emerging population needs, it has become necessary to adopt a new primary care model that embraces multi-professional teams. In response the Veneto Region has developed the Integrated Medical Group (IMG), launched in 2016. The Integrated Medical Group is an innovative model at both the regional and national level and represents a key element of the health care system. It targets several goals: it provides more effective care than in the past; guarantees services within the region while optimizing the use of resources, through integrated patient care and its accompanying care pathways; it builds dialogue between hospitals and community based primary care services; develops relationships of trust between doctors and patients, pursuing shared team goals and enhances the different skills and roles of their constituent members.Regional legislation sets challenging objectives, stating that by the end 2017, 60% of all GPs in the region should conduct their activities as part of an IMG, with a further target of 80% by the end 2018.

THE LEGAL CONCEPT OF CARRYING CAPACITY CASE STUDY RED SEA ENVIRONMENTAL ECO SYSTEM

The aim of the study to know the legislations and the administrative regulations related to marine environmental protection in the area of the study as a part of the environmental legislations in Egypt using the descriptive and statistic curricula of the random specimen of diving centers workers in the Red Sea reservoirs and those implementing the legislations and laws. A questionnaire has been designed including statements measuring the specimen’s tendency, which included fifty four people. The study concluded that there are defects in current legislations in regards to marine environmental carrying capacity sustainability, due to not accurately specifying the violation, the lack of clear and updated environmental information besides the lack of environmental awareness of the workers managing marine environmental offices in the area of study which in turn increases the problem. This is in addition to the need for advanced networks for environmental monitoring and an integrated bank for environmental information. Decision makers will then have a clear vision in determining the causes of marine environmental degradation and will set the means for combating them using the set of applicable legislations with the support of all related parties, whether the civil, executive or judicial.

Ethnic Social and Ecosystem Approach to the Evaluation of the Lifehoods of Small Indigenous Peoples of the North

The regions of the Russian North occupy 70 % of the territory of the country. These areas considerably differ in the level of socio-economic development. Khanty-Mansi Autonomous Okrug (KhMAO) — Yugra is the most developed industrial region of the Russian North. KhMAO is also the main supplier of oil and gas resources. Thus, KhMAO is the focus of the research. The purpose of the paper is to evaluate how the traditional natural resource management transforms on the developing territories and to assess its impact on the lifehoods of the Small Indigenous Peoples of the North (SIPN). The study is based on the hypothesis of the negative impact of industrial development on the territory of the traditional residence of SIPN and, accordingly, on their social and economic development and the quality of life. We have found certain intraregional distinctions of this territorial subject of the Federation. These differences are caused by the features of natural and resource potential, transport security and geographical location. It is true for both the separate municipal entities and larger territorial and administrative sub-regions. We have identified the most acute problems in the development of traditional natural resource management on the territories of active industrial and transport development. The main industries there are reindeer breeding and fishery. We also identified the problem of the northern legislation set up to protect the rights of SIPN. The paper considers the evolutionary changes in the formation of the institution of ancestral domains and the territories of traditional natural resource management, as well as the practice of coordinating the interests of subsoil users and SIPN’s representatives with the help of economic agreements. We have demonstrated the problem associated with the difficulties of social adaptation of SIPN. We have analyzed the ecological situation and current state of traditional environmental management to compare the conditions of municipal entities of the region. Using ethnic social and ecosystem approach, we have evaluated the lifehoods of SIPN in the developed and poorly developed regions of KhMAO. The results of the assessment support the hypothesis of the research. The findings of the research can be used when working out on the roadmap of the development of traditional industries and SIPN in the municipal districts of various development level.

Space heating operation of combination boilers in the UK: The case for addressing real-world boiler performance

Residential space and water heating account for 23% of UK final energy demand and combination gas boilers are the dominant technology. Performance gap issues in gas boiler systems have been reported, with previous studies unable to isolate or quantify root causes for performance issues, hampered by indirect and coarse measurement methods. Utilising high-frequency data, through state-of-the-art boiler diagnostics from 221 UK combination boilers, assumptions in efficiency standards are challenged. Total heating energy consumption and number of hot water tappings are in line with national expectations but the observed cycling behaviour of boilers gives cause for concern due to links with lower performance and higher emissions. Most combi-boilers appear oversized for space heating and despite available modulation are unable to prevent rapid on–off cycling. Per day, half of combi boilers studied average more than 50 starts and 70% of starts average less than 10 min during space heating operation. Cycling contradicts assumptions in efficiency testing standards, which assume steady state operation, weighted by full and part power measurements. Addressing oversizing and excessive boiler cycling provides an opportunity to quickly and significantly reduce emissions associated with heating, at low cost through the ongoing replacement of millions of boilers. Practical application: Lessons learned from this research regarding the detrimental performance issues seen in gas combi boilers are directly applicable to the topics of boiler specification for building service engineers and installers, such as guidelines in CIBSE Guide A, 1 CE54 Whole house boiler sizing method 2 and legislation set out in BoilerPlus from the Department of Business, Energy and Industrial Strategy. Plant size ratio, radiator hydraulic layout and controls can all contribute to the rapid cycling seen in the data and can all be influenced by building service professionals. Boiler modulation range is also crucial and manufacturers need to be aware of the benefits of extending modulation in new products.

Building a Local Administration Abroad

Abstract Consulates, both in the 19th century and today, exist in a sort of hybrid space: Established by one sovereign entity in the territory of another, on the basis of exterritorial concessions, they depend on not one but two sets of legislation without being wholly defined by either one. This paper takes a local approach to a global phenomenon by considering the French consulate in Salonica (Thessaloniki) from the late 18th to the early 20th century from the perspective of a ›history of administrative reality‹. It shows how this consulate was located at the intersection of two state-building projects: those of France and the Ottoman Empire, both vying for control of the local space in which the consulate was active. While the French state strove to integrate its consulates into the internal logic of its expanding bureaucracy, and thus to extend its legal space beyond the borders of its own territory, the modernizing efforts of the Empire tended to reduce the immunities of exterritorial institutions with a view toward homogenizing and effectively controlling imperial space. The gaps and conflicts between the rival state-building agendas, as well as local factors beyond the control of either, created a local reality in which the consular personnel had the challenge and the opportunity to shape their own space of action. In this way, the consular district appears as a spatial entity somewhat resembling a state in miniature.

A Multicultural Act for Australia

Multiculturalism as a public policy framework depends on states identifying cultural differences among their citizens as salient for resource allocation, political participation and human rights. The adoption of multiculturalism as a term and a framework signifies the recognition of a politics of difference within a liberal democratic framework of identities and aspirations. Yet the national government in Australia unlike any other country with espoused policies of multiculturalism has chosen to have neither human rights nor multicultural, legislation. This paper argues that multicultural societies require either or both sets of legislation to ensure both symbolic affirmation and practical implementation. Taking inspirations from international, Australian State and Territory based multicultural and diversity legislations, and modelling on the Australian Workplace Gender Equality Act of 2012, this paper explores what should be included in a national multicultural legislation and how it could pragmatically operationalise in Australia to express multiculturalism’s emancipatory agenda.

Warming Temperatures Will Likely Induce Higher Premium Rates and Government Outlays for the US Crop Insurance Program

Likely climate change impacts include damages to agricultural production resulting from increased exposure to extreme heat. Considerable uncertainty remains regarding impacts on crop insurance programs. We utilize a panel of U.S. corn yield data to predict the effect of warming temperatures on the mean and variance of yields, as well as crop insurance premium rates and producer subsidies. While we focus on corn, we demonstrate that the subsidy impacts are likely to carry over to other major program crops. We find that warming decreases mean yields and increases yield risk on average, which results in higher premium rates. Current legislation sets producer subsidy payments as a percentage of the premium, so we simulate the impact of a 1°C warming scenario and find that annual subsidy payments will likely increase by as much as $850 million, representing a 13% increase relative to current levels. This estimate increases to 2.2 billion (34%) under a 2°C warming scenario. We also find evidence of extensive spatial heterogeneity of the premium rate effects. Our results indicate that the program level effects of climate change will increase both the cost of obtaining insurance for producers, as well as the governmental outlay required to subsidize this purchase.

Agricultural legislation and its impact on Economic conditions in Africa during the Roman era 146 BC- 284 AD

Agricultural legislation and its impact on Economic conditions in Africa during the Roman era 146 BC- 284 AD

Adoption and permanence planning in Scotland: Impact of the Adoption and Children (Scotland) Act 2007 on key processes and timescales

AbstractAdoption and permanence planning has been a key feature of Scotland's policy in relation to children and young people who are “looked after.” Although policy and law has significantly developed in recent years, there has been comparatively little research on permanence processes in Scotland. This paper outlines key findings from the first comprehensive study of permanence planning in Scotland. It examines the process for two cohorts of children where adoption or other types of permanence orders were made. The children were selected under the long standing Adoption (Scotland) Act 1978 and the more recent Adoption and Children (Scotland) Act 2007. In total, 300 cases were examined, analysing data from the children's first contact with services through to the order made by the Scottish Courts. This paper pays particular attention to the timescales found at key stages under the two sets of legislation and asks what difference the change in legislation has made.

"Make me a willow cabin at your gate": Legislation and implementation of tidal forest restoration at estuarine upstream sites

The restoration of estuarine habitats provides diverse ecological functions and services, e.g., vegetated foreshores reduce current speeds and attenuate waves and may enhance nursery grounds for fish and other estuarine organisms and estuarine water purification. A set of legislation regulates the conservation, usage and restoration of European estuaries. The European Habitats Directive (HD) protects biodiversity on species and habitats level and today most of the European estuaries are designated as protected Natura 2000 sites. In tidal freshwater wetlands at locations of large ports (e.g., Antwerp, Hamburg, London, Rotterdam) integrative management to maintain natural structures paralleled by ecosystem restoration with respect to flood risk reduction and harbour activities is challenging. This led to the Hamburg strategy for improving the conservation status under the HD and measures are implemented along the Elbe estuary. Alluvial forests listed as priority habitats (HD annex I) are fragmented, and tidal softwood forests comprising willows must be restored. In our case study, autochthones plant material was collected and cultivated, and used for initial plantings on a former floodplain meadow. Two years after planting, the basket, crack and purple willow reached heights of 3 m and more, whereas the number of white and almond willows was largely decreased, and numerous willows were affected by competing herbaceous vegetation. The careful selection of restoration sites including ecological hydrology providing bar ground for less competitive willows combined with the use of acclimated autochthonous Salix may enhance the restoration success of tidal floodplain forests at estuarine upstream sites.

E-Cohesion maturity: How to measure the efficiency of digital cohesion policy

This paper focuses on the maturity of e-government services on the domain of European fund management, to explore the measurability of potential efficiency gains.
 The practical relevance of the topic is that the current European legislation prescribes that Member States shall offer electronic fund management services to beneficiaries to foment the efficient use of European Structural and Investment Funds. The main driver of this concept is the reduction of administrative burdens which can be achieved by the Europe-wide utilization of paperless fund management tools and by harnessing the interoperability of information systems. In the scientific discourse, the above concept is labelled as “e-Cohesion”. However, the legislation sets quite broad requirements for its implementation, so the e-Cohesion landscape and the intended efficiency gains may appreciably differ from country to country. The exploration of this “digital efficiency divide” offers a new relevant research opportunity. Therefore, this article is dealing with the measurability of efficiency of e-tools to methodologically support Member States in the realization and fine-tuning of their national e-Cohesion concepts.
 It is presented in this paper that the level of potential efficiency gains is connected to e-government readiness, i.e. the maturity of e-Cohesion systems. The paper, therefore, systematically reviews the relevant e-Government literature on the issue of maturity. Based on this, it aims to identify the most important models and methodological elements which address the main attributes of e-Cohesion to pave the way for further empirical research and the creation of an e-Cohesion-specific maturity model.

The relative importance of the bacterial pathway and soil inorganic nitrogen increase across an extreme wood‐ash application gradient

AbstractAsh from combustion of biofuels, for example wood chips, is often deposited as waste, but due to its high content of essential plant nutrients and alkalinity, it has been proposed to recycle ash as a fertilizer and liming agent in biofuel production forest. However, current legislation sets rather strict limitations for wood‐ash application in biofuel production systems. The soil microfood web, that is microorganisms and their microfaunal grazers, protozoa and nematodes, is pivotal for essential ecosystem processes such as decomposition and plant nutrient release. Therefore, a thorough assessment of the impacts on microfood web structure and functioning must precede actions towards raising the currently allowed application rates. In a Danish Norway spruce plantation, we evaluate the impact of wood ash applied at dosages from 0 to the extreme case of 90 t ash ha−1 on the microfood web, the bacterial community structure, soil content of inorganic nitrogen, organic matter, dissolved organic carbon and nitrogen. Using structural equation modelling (SEM), we disentangled the direct effect of the disturbance imposed by ash per se, the associated pH increase and changes in prey abundance on individual organism groups in the microfood web. The SEM showed that the pH rise was the main driver of increasing abundances of culturable heterotrophic bacteria with increasing ash doses, and via trophical transfer, this also manifested as higher abundances of bacterial grazers. Fungal‐feeding nematodes were unaffected by ash, whereas carnivorous/omnivorous nematodes decreased due to the direct effect of ash. Increasing ash doses enhanced the difference between bacterial communities of control plots and ash‐amended plots. The ash‐induced stimulation of culturable heterotrophic bacteria and bacterial grazers increased inorganic nitrogen availability at ash doses of 9 t ha−1 and above. Hence, raised limits for ash application may potentially benefit tree growth via enhanced N mineralization activity of the soil food web.

Private Animal Welfare Standards-Opportunities and Risks.

Simple SummaryIn all European countries, farmers keeping animals must comply with European and national animal welfare legislation. Each government has a responsibility to make sure that the legislation is complied with by the farmers. However, during the last decades it has become increasingly common that private organisations, such as the industry, farmers’ organisations, or animal welfare organisations, develop additional animal welfare regulations (‘private standards’) that the farmers also need to comply with. These private standards have the opportunity to improve animal welfare above the legislative level, however, in our study we have shown that this is not always the case and that all of these different private standards, in addition to the legislation, makes it difficult to get an overview of the animal welfare regulation and control arena. For the sake of the farmers, the animal welfare inspectors, the consumers, and the animals we conclude that it is important that policymakers consider this arena as a whole and not their own regulation as a single phenomenon.The current shift moves the governance of animal welfare away from the government towards the private market and the consumers. We have studied the intentions, content, and on-farm inspection results from different sets of animal welfare legislation and private standards with an aim to highlight the most important opportunities and risks identified in relation to the trend of increasingly relying on private standards for safeguarding or improving farm animal welfare. Our results show that different focuses, intentions, animal welfare requirements, inspection methods (i.e., methods for measuring and evaluating the compliance with a regulation), and inspection results, together with the use of vague wordings and a drive towards more flexible regulations does certainly not facilitate the interpretation and implementation of animal welfare regulations, especially not in relation to each other. Since farmers today often have to comply with several animal welfare regulations, including private standards, it is important to stress that a given regulation should never be seen as a single, stand-alone phenomenon, and the policymakers must hence consider the bigger picture, and apply the standards in relation to other existing regulations. This is especially relevant in relation to the legislation, a level that a private standard can never ignore.

Optimization of shifting strategy for a dual clutch transmission through mathematical model

European Union legislation sets mandatory emission and fuel consumption reduction targets for new vehicles and therefore economy remains a key challenge for automotive engineers. Optimizing the transmission shift schedule for an automatic transmission with double clutch is an important part of improving fuel economy. Using simulation and optimization algorithms can ensure that a truly optimal shift schedule is implemented. The main objective of this paper focuses on study the performance of a vehicle with a dual clutch transmission (DCT), with special emphasis on optimizing the shifting schedule using optimization algorithms. In order to study and simulate the shifting strategy the dynamic model is developed based on an existing model in MATLAB Simulink software. In the first phase of the paper a detailed description of the DCT technology, its main functional components and dynamic characteristics are explored. In the second phase model development and simulation concerns the major part of this work, to find the optimal shift schedule for different engine speed and engine torque as it accelerates through the transmission gears by engaging the dual clutches. Finally, the simulation results were evaluated and presented which successfully demonstrate the performance improvement of a dual clutch transmission with an optimized shifting strategy.

Seeking a balance: a procedure-based evaluation of localized approaches for brownfield management in the USA

Brownfield programs in the USA now use bottom–up approaches where the principle agent is no longer federal but local government. Although the approaches by federal government to manage national priority sites are well established, clear approaches for local brownfields and to engage nearby communities are difficult to find. This study sought to determine whether the current approaches adopted by local municipalities are effective and identify the challenges experienced to develop guidelines tailored to meet the needs of local projects. The results revealed that the effectiveness of local brownfield programs is often challenged by the existing normative assessment procedure utilized by the federal government. Experts’ interviews provided evidence that legislation set up to eliminate contamination is actually hurting efforts to reuse lightly polluted local sites. The challenges were associated with outreach activities, particularly those involving reluctant property owners and developers. Community residents had only a minimal opportunity to participate in decision-making.