Judicial Review. 3.7.1 All decisions and orders of the Enrollment Commission shall be final and binding and not subject to appeal or judicial review in any court provided, however, that an application for judicial review by an applicant, a Yukon First Nation, the Council for Yukon Indians or Government, shall lie to the Supreme Court of the Yukon upon the grounds that the Enrollment Commission: 3.7.1.1 failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction; 3.7.1.2 erred in law in making its decision or order, whether or not the error appears on the face of the record; or 3.7.1.3 based its decision or order on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it. 3.7.2 The application for a judicial review by an applicant pursuant to 3.7.1 shall be made: 3.7.2.1 in the case of a decision made prior to the Effective Date of the affected Yukon First Nation's Final Agreement, within 60 days of that Yukon First Nation's Final Agreement coming into effect; or 3.7.2.2 in the case of a decision made after the Effective Date of the affected Yukon First Nation's Final Agreement, within 60 days of the decision being made.
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Samples: Final Agreement, Final Agreement, Final Agreement
Judicial Review. 3.7.1 All decisions and orders of the Enrollment Commission shall be final and binding and not subject to appeal or judicial review in any court provided, however, that an application for judicial review by an applicant, a Yukon First Nation, the Council for Yukon Indians or Government, shall lie to the Supreme Court of the Yukon upon the grounds that the Enrollment Commission:
3.7.1.1 failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction;
3.7.1.2 erred in law in making its decision or order, whether or not the error appears on the face of the record; or
3.7.1.3 based its decision or order on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it.
3.7.2 The application for a judicial review by an applicant pursuant to 3.7.1 shall be made:
3.7.2.1 in the case of a decision made prior to the Effective Date of the affected Yukon First Nation's ’s Final Agreement, within 60 days of that Yukon First Nation's ’s Final Agreement coming into effect; or
3.7.2.2 in the case of a decision made after the Effective Date of the affected Yukon First Nation's ’s Final Agreement, within 60 days of the decision being made.
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Samples: Umbrella Final Agreement
Judicial Review. 3.7.1 All decisions and orders of the Enrollment Commission shall be final and binding and not subject to appeal or judicial review in any court provided, however, that an application for judicial review by an applicant, a Yukon First Nation, the Council for Yukon Indians or Government, shall lie to the Supreme Court of the Yukon upon the grounds that the Enrollment Commission:
3.7.1.1 failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction;
3.7.1.2 erred in law in making its decision or order, whether or not the error appears on the face of the record; or
3.7.1.3 based its decision or order on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it.
3.7.2 The application for a judicial review by an applicant pursuant to 3.7.1 shall be made:
3.7.2.1 in the case of a decision made prior to the Effective Date of the affected Yukon First Nation's Final Agreement, within 60 days of that Yukon First Nation's Final Agreement coming into effect; or
3.7.2.2 in the case of a decision made after the Effective Date of the affected Yukon First Nation's Final Agreement, within 60 days of the decision being made.made.
Appears in 1 contract
Samples: Final Agreement