Softwood Lumber Products Export Charge Act, 2006 (S.C. 2006, c. 13)
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Assented to 2006-12-14
Marginal note:1994, c. 47, s. 112(1)
115. Paragraphs 12(a) to (b) of the Act are replaced by the following:
(a) prescribing the information, certificates issued by a third party attesting to a softwood sawlog’s origin and undertakings to be furnished by applicants for permits, import allocations, export allocations, certificates or other authorizations under this Act, the procedure to be followed in applying for and issuing or granting permits, import allocations, export allocations, certificates or other authorizations, the duration of them, and the terms and conditions, including those with reference to shipping or other documents, on which permits, import allocations, export allocations, certificates or other authorizations may be issued or granted under this Act;
(a.1) respecting the considerations that the Minister must take into account when deciding whether to issue an import allocation or export allocation or consent to its transfer;
(b) respecting information to be supplied by persons to whom permits, import allocations, export allocations, certificates or other authorizations have been issued or granted under this Act and any other matter associated with their use;
(b.1) respecting information to be supplied to specified persons or specified government entities, including foreign government entities, by persons who export goods expressly excluded from the Export Control List;
116. The Act is amended by adding the following after section 14:
Marginal note:Exception
14.1 A person does not contravene section 13 or 14 if, at the time of exportation or importation, the person would have exported or imported the goods under the authority of and in accordance with an export permit or an import permit issued under this Act had they applied for it, and if, after the exportation or importation, the permit is issued.
Marginal note:1994, c. 47, ss. 113 and 114
117. Sections 16.1 and 17 of the Act are replaced by the following:
Marginal note:Transfers or unauthorized use
16.1 No person who has been issued an import allocation or an export allocation shall, without the consent of the Minister, transfer it or allow it to be used by another person.
Marginal note:False or misleading information, and misrepresentation
17. No person shall wilfully furnish any false or misleading information or knowingly make any misrepresentation in any application for a permit, import allocation, export allocation, certificate or other authorization under this Act or for the purpose of procuring its issue or grant or in connection with any subsequent use of the permit, import allocation, export allocation, certificate or other authorization or the exportation, importation or disposition of goods to which it relates.
CONSEQUENTIAL AMENDMENTS
R.S., c. A-1Access to Information Act
Marginal note:R.S., c. 12 (3rd Supp.), s. 25
118. Schedule II to the Access to Information Act is amended by striking out the reference to:
Softwood Lumber Products Export Charge Act
Loi sur le droit à l’exportation de produits de bois d’oeuvre
and the corresponding reference to “section 20”.
119. Schedule II to the Act is amended by adding, in alphabetical order, a reference to:
Softwood Lumber Products Export Charge Act, 2006
Loi de 2006 sur les droits d’exportation de produits de bois d’oeuvre
and a corresponding reference in respect of that Act to “section 84”.
1999, c. 17; 2005, c. 38, s. 35Canada Revenue Agency Act
Marginal note:2005, c. 38, s. 36(3)(E)
120. Paragraph (a) of the definition “program legislation” in section 2 of the Canada Revenue Agency Act is replaced by the following:
(a) that the Governor in Council or Parliament authorizes the Minister, the Agency, the Commissioner or an employee of the Agency to administer or enforce, including the Air Travellers Security Charge Act, the Customs Act, the Excise Act, the Excise Act, 2001, the Excise Tax Act, the Income Tax Act and the Softwood Lumber Products Export Charge Act, 2006; or
R.S., c. T-2Tax Court of Canada Act
Marginal note:2002, c. 9, s. 10(2)
121. (1) Subsection 12(1) of the Tax Court of Canada Act is replaced by the following:
Marginal note:Jurisdiction
12. (1) The Court has exclusive original jurisdiction to hear and determine references and appeals to the Court on matters arising under the Air Travellers Security Charge Act, the Canada Pension Plan, the Cultural Property Export and Import Act, Part V.1 of the Customs Act, the Employment Insurance Act, the Excise Act, 2001, Part IX of the Excise Tax Act, the Income Tax Act, the Old Age Security Act, the Petroleum and Gas Revenue Tax Act and the Softwood Lumber Products Export Charge Act, 2006 when references or appeals to the Court are provided for in those Acts.
Marginal note:2002, c. 9, s. 10(3)
(2) Subsections 12(3) and (4) of the Act are replaced by the following:
Marginal note:Further jurisdiction
(3) The Court has exclusive original jurisdiction to hear and determine questions referred to it under section 51 or 52 of the Air Travellers Security Charge Act, section 97.58 of the Customs Act, section 204 or 205 of the Excise Act, 2001, section 310 or 311 of the Excise Tax Act, section 173 or 174 of the Income Tax Act or section 62 or 63 of the Softwood Lumber Products Export Charge Act, 2006.
Marginal note:Extensions of time
(4) The Court has exclusive original jurisdiction to hear and determine applications for extensions of time under section 45 or 47 of the Air Travellers Security Charge Act, subsection 28(1) of the Canada Pension Plan, section 33.2 of the Cultural Property Export and Import Act, section 97.52 or 97.53 of the Customs Act, subsection 103(1) of the Employment Insurance Act, section 197 or 199 of the Excise Act, 2001, section 304 or 305 of the Excise Tax Act, section 166.2 or 167 of the Income Tax Act or section 56 or 58 of the Softwood Lumber Products Export Charge Act, 2006.
122. Paragraph 18.29(3)(a) of the Act is amended by striking out the word “or” at the end of subparagraph (vi), by replacing the word “and” at the end of subparagraph (vii) with the word “or” and by adding the following after subparagraph (vii):
(viii) section 56 or 58 of the Softwood Lumber Products Export Charge Act, 2006; and
Marginal note:2002, c. 9, s. 10(5)
123. Subsection 18.31(2) of the Act is replaced by the following:
Marginal note:Determination of a question
(2) If it is agreed under section 51 of the Air Travellers Security Charge Act, section 97.58 of the Customs Act, section 204 of the Excise Act, 2001, section 310 of the Excise Tax Act or section 62 of the Softwood Lumber Products Export Charge Act, 2006 that a question should be determined by the Court, sections 17.1, 17.2 and 17.4 to 17.8 apply, with any modifications that the circumstances require, in respect of the determination of the question.
Marginal note:2002, c. 9, s. 10(6)
124. Subsection 18.32(2) of the Act is replaced by the following:
Marginal note:Provisions applicable to determination of a question
(2) If an application has been made under section 52 of the Air Travellers Security Charge Act, section 205 of the Excise Act, 2001, section 311 of the Excise Tax Act or section 63 of the Softwood Lumber Products Export Charge Act, 2006 for the determination of a question, the application or determination of the question shall, subject to section 18.33, be determined in accordance with sections 17.1, 17.2 and 17.4 to 17.8, with any modifications that the circumstances require.
COORDINATING AMENDMENT
Marginal note:2004, c. 15
125. On the later of the day on which section 117 of this Act comes into force and the day on which section 62 of the Public Safety Act, 2002, being chapter 15 of the Statutes of Canada, 2004, comes into force — or, if those days are the same day, then on that day — section 17 of the Export and Import Permits Act is replaced by the following:
Marginal note:False or misleading information, and misrepresentation
17. No person shall wilfully furnish any false or misleading information or knowingly make any misrepresentation in any application for a permit, import allocation, export allocation, certificate or other authorization under this Act or for the purpose of procuring its issue or grant or in connection with any subsequent use of the permit, import allocation, export allocation, certificate or other authorization or the exportation, importation, transfer or disposition of goods or technology to which it relates.
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