Notice of dispute
61(1)Subject to this section, a prospector may file with the Recorder a notice of dispute, in the form provided by the Minister, alleging that a mineral claim was not proper to be registered.
61(2)The notice referred to in subsection (1) shall be in duplicate and shall be accompanied by the fee prescribed by regulation.
61(3)Where the prospector claims that he is entitled
(a)
to register a mineral claim, or
(b)
to have a right or interest in a mineral claim, or part thereof, or in the claim area, or part thereof,
he shall so state in the notice of dispute, giving particulars.
61(4)The Recorder shall not accept a notice of dispute for filing unless it contains, or has endorsed thereon, an address for service for the prospector filing the notice.
61(5)The Recorder shall not accept a notice of dispute for filing after sixty days following the registration of the mineral claim unless
(a)
there is an allegation of fraud, or
(b)
the holder of the mineral claim has not complied, personally or through his agent, with section 44.
61(6)Where a notice of dispute has been filed in accordance with this section, the Recorder shall
(a)
enter a note of the filing of the dispute in the registry;
(b)
retain a copy of the notice in his office;
(c)
forthwith send a copy of the notice by registered mail to the holder of the mineral claim affected; and
(d)
send a copy of the notice to the Board.
61(7)After the requirements of this section have been met, sections 13 and 113 apply to the dispute.
1986, c.55, s.8; 2009, c.35, s.47; 2023, c.6, s.2