Nunavut Mining Regulations
Marginal note:Allocation of excess cost of work
45 (1) Subject to subsection (2), if a recorded claim is not grouped under section 46 and the cost of work that has been justified in a report in respect of that claim exceeds the cost of work required to be done on it under subsection 39(1) at the time the certificate of work respecting the report is ready to be issued, the Mining Recorder must allocate the excess cost of work to the next period or periods for which work is still required to be done on the claim under subsection 39(1).
Marginal note:Unallocated excess cost of work
(2) At any time before evaluation of the report has been completed, the claim holder may submit a written request to the Mining Recorder to not allocate the excess cost of work or to allocate it to fewer periods than would be required under subsection (1) and the Mining Recorder must comply with the request.
Marginal note:Previous payment of charges
(3) A claim holder who has paid a charge in respect of a period under subsection 43(1) or 49(1) may submit a written request to the Mining Recorder that remission be granted of the charge in an amount equal to the excess cost of work.
Marginal note:Request re unallocated excess cost of work
(4) If unallocated excess cost of work is recorded with respect to a recorded claim, the claim holder may submit a request to the Mining Recorder to allocate that cost as specified in the request. The request must be in the prescribed form and be accompanied by the fee for a certificate of work set out in Schedule 1.
Marginal note:Certificate of work for unallocated excess cost of work
(5) If the unallocated excess cost of work is sufficient to comply with the request, the Mining Recorder must allocate it in accordance with the request.
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