52. (1) In the case of a dispute as to entitlement to a claim, the person entitled to the claim shall be,
(a) in the case of a claim recorded in accordance with subsection 26(1), the person who first located the claim in accordance with the Yukon Quartz Mining Act, as that Act read before April 1, 2003, or under equivalent Yukon law regulating the disposition of quartz mining interests; and
(b) in the case of any other claim, the person who first located the claim in accordance with these Regulations.
(2) In the case of a dispute as to entitlement to a claim, any irregularity that occurred before the date of the last certificate of work in respect of the claim shall not affect the title to the claim and unless fraud is proven the title shall be deemed to be valid up to the date of the last certificate of work.
- SOR/2003-126, s. 2.
53. (1) Where a notice of protest is filed with a Mining Recorder pursuant to subsection 28(1) or section 56, the Mining Recorder shall
(a) send a copy thereof, by registered mail, to the holder of the claim;
(b) investigate the allegations contained in the notice of protest;
(c) make a report of the allegations to the Supervising Mining Recorder; and
(d) send copies of the report made under paragraph (c) to each of the parties to the dispute.
(2) Where, in the opinion of the Mining Recorder the circumstances so require, he may, before investigating the allegations contained in a notice of protest,
(a) require the person filing the notice to deposit with the Mining Recorder cash or other security satisfactory to the Mining Recorder in an amount fixed by the Mining Recorder; and
(b) in the case of a recorded claim, the recording of which is protested by a person claiming priority in locating the claim or any part thereof, have a survey of the claim made by a surveyor.
(3) Where a person is required to deposit security under paragraph (2)(a), he may appeal to the Supervising Mining Recorder on the ground that the requirement for a deposit or the amount required to be deposited is unreasonable.
(4) The cost of a survey of a recorded claim ordered by the Mining Recorder under subsection (2) shall be paid by such of the parties to the dispute as
(a) the Supervising Mining Recorder orders, or
(b) where the decision of the Supervising Mining Recorder is appealed, the Minister orders,
or may be retained from any security deposited by the person filing a notice pursuant to paragraph (2)(a).
(5) Where security is deposited under paragraph (2)(a) and the person making the deposit notifies the Mining Recorder of his abandonment of the dispute before it is heard by the Supervising Mining Recorder, the amount of the deposit shall be returned to the person, less the costs of any survey of the recorded claim ordered by the Mining Recorder incurred up to the time of the abandonment of the dispute.
(6) The Supervising Mining Recorder shall, after considering the report of a Mining Recorder made under subsection (1) and hearing the parties to a dispute and such evidence as they may present, give a decision on the dispute in writing and shall send a copy of the decision to each of the parties to the dispute.
- SOR/88-9, s. 16.
- Date modified: