Traduction de «Obligation d'agir équitablement » (Français → Anglais) :

duty of fairness

he who seeks equity must do equity

Duty to act fairly

specific duty of care | guarantor's obligation

Delegated acts should also be adopted to specify the criteria to be used by competent authorities to assess whether AIFMs comply with their obligations as regards their conduct of business, their obligation to act in the best interests of the AIFs or the investors of the AIFs they manage and the integrity of the market; to have and employ effectively the resources and procedures that are necessary for the proper performance of their business activities; to take all reasonable steps to avoid conflicts of interest and, where such conflicts cannot be avoided, to identify, manage and monitor, and where applicable, disclose, those conflicts ...[+++] of interest in order to prevent them from adversely affecting the interests of the AIFs and their investors and to ensure that the AIFs they manage are fairly treated; to comply with all regulatory requirements applicable to the conduct of their business activities so as to promote the best interests of the AIFs or the investors of the AIFs they manage and the integrity of the market; and to treat all AIF investors fairly.

Delegated acts should also be adopted to specify the criteria to be used by competent authorities to assess whether AIFMs comply with their obligations as regards their conduct of business, their obligation to act in the best interests of the AIFs or the investors of the AIFs they manage and the integrity of the market; to have and employ effectively the resources and procedures that are necessary for the proper performance of their business activities; to take all reasonable steps to avoid conflicts of interest and, where such conflicts cannot be avoided, to identify, manage and monitor, and where applicable, disclose, those conflicts ...[+++] of interest in order to prevent them from adversely affecting the interests of the AIFs and their investors and to ensure that the AIFs they manage are fairly treated; to comply with all regulatory requirements applicable to the conduct of their business activities so as to promote the best interests of the AIFs or the investors of the AIFs they manage and the integrity of the market; and to treat all AIF investors fairly.

Bill C-19 proposes to amend the purpose section of the act to include the promotion of communications and cooperation between responsible authorities and aboriginal peoples with respect to environmental assessment. However, this does not go nearly far enough toward recognizing the common-law duty to consult that has been recognized by the courts (0945) Although we made submissions on this issue in our letter to the standing committee on October 3, 2001, we are expanding on this concern because three recent decisions from western Canadian courts have further clarified that government decisions not made in accordance with the fiduciary obligations owed to aboriginal ...[+++]peoples may be set aside.

The fact that a decision is administrative and affects " the rights, privileges or interests of an individual" is sufficient to trigger the application of the duty of fairness.