Nunavut Mining Regulations

Marginal note:Allocation of excess cost of work

• 44 (1) Subject to subsection (2), if a recorded claim is not grouped under section 45 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 under subsection 47(1), the Mining Recorder must allocate the excess cost of work to the next year or years for which work is still required to be done on the claim under subsection 39(1).

• Marginal note:Application — excess

  (2) At any time before the evaluation of the report has been completed, the holder of a recorded claim may make an application to the Mining Recorder not to allocate the excess cost of work or to allocate it to fewer years for which work is still required to be done under subsection 39(1).

• Marginal note:Allocation or non-allocation

  (3) The Mining Recorder must comply with the application.

• Marginal note:Application — unallocated excess

  (4) The holder of a recorded claim may make an application to the Mining Recorder for the allocation of any unallocated excess cost of work as specified in the application.

• Marginal note:Allocation of excess cost of work

  (5) If the unallocated excess cost of work is sufficient, the Mining Recorder must allocate it as specified in the application.