EXPORT AND IMPORT PERMITS ACTAllocation Method Order (Beef and Veal)Order Establishing the Method for Allocating the Import Access Quantity for Beef and VealThe Minister of Foreign Affairs, pursuant to paragraph 6.2(2)(a)* of the Export and Import Permits Act, hereby repeals the Allocation Method Order — Beef and Veal, made on April 19, 1995** and makes the annexed Order establishing the method for allocating the import access quantity for beef and veal, in substitution therefor.S.C. 1994, c. 47, s. 106SOR/95-195, 1995 Canada Gazette Part II, p. 1261Ottawa, March 26, 1996LLOYD AXWORTHYMinister of Foreign AffairsSHORT TITLEThis Order may be cited as the Allocation Method Order (Beef and Veal).INTERPRETATIONThe definitions in this section apply in this Order.Act means the Export and Import Permits Act. (Loi)applicant means a resident of Canada who applies for an import allocation. (requérant)beef and veal means goods set out in the schedule. (boeuf et veau)distributor means a distributor that is not a commission broker and thatbuys beef and veal and re-sells them to other businesses; andmaintains or rents a warehouse and trucks, or purchases warehousing or transportation services in carrying on its trade. (distributeur)process means to substantially change the appearance or nature of beef and veal, including to de-bone, slice, comminute, thermally process, preserve, dehydrate, ferment, render, fractionate, defibrinate or add to the product, but does not include to dress, trim, refrigerate, freeze, package or defrost. (transformer)processor means a person who has processed beef and veal at their own facilities during the 12-month period ending on October 31 in the calendar year before the calendar year for which the person applies for an import allocation. (transformateur)retailer-processor means a retailer who has processed beef and veal at their own facilities during the 12-month period ending on October 31 in the calendar year before the calendar year for which the retailer applies for an import allocation. (détaillant-transformateur)under-utilization, in relation to an import allocation, means utilization of less than 90% of the quantity allocated to an applicant. (sous-utilisation)
SOR/2002-94, s. 1
METHOD OF ALLOCATIONSubject to subsection (2), the method for allocating the import access quantity for beef and veal that may be imported into Canada in each calendar year is as follows:applicants who are processors and retailer-processors shall receive a share of 75% of the import access quantity, in proportion to the quantity of beef and veal that do not originate in Chile or a NAFTA country processed at their own facilities during the 12-month period ending on October 31 in the calendar year before the calendar year for which the import allocation applies; andapplicants who are distributors shall receive a share of 25% of the import access quantity, in proportion to their imports of beef and veal that do not originate in Chile or a NAFTA country during the 12-month period ending on October 31 in the calendar year before the calendar year for which the import allocation applies.Despite subsection (1) and subject to subsection (2), the method for allocating the import access quantity for beef and veal that may be imported into Canada in the 2013 calendar year is as follows:applicants who are processors and retailer-processors shall receive a share of 75% of the import access quantity, in proportion to the quantity of beef and veal that did not originate in Chile or a NAFTA country and that was processed at their own facilities during either of the following base periods that an applicant identifies in an application for allocation, namely,the 16-month period ending on April 30, 2003 (prorated to a 12-month period), orthe 12-month period beginning on August 1, 2011 and ending on July 31, 2012; andapplicants who are distributors shall receive a share of 25% of the import access quantity, in proportion to their imports of beef and veal that did not originate in Chile or a NAFTA country during the base period referred to in paragraph (a).If an applicant under-utilizes their import allocation in any given calendar year, the import allocation for which they may be eligible for the next following calendar year is the import allocation in accordance with subsection (1) or (1.1), as the case may be, reduced by the percentage of their import allocation not utilized in that given calendar year.Subsection (2) does not apply ifthe total amount of the applicant’s import allocation not utilized was less than 9 000 kg of beef and veal; oron or before October 31 in the calender year of the under-utilization, the applicant informs the Minister, in writing, that a specified portion of their import allocation of beef and veal will not be utilized in that calendar year.The method of allocating the specified portions of non-utilized import allocations of beef and veal for a calendar year that are referred to in paragraph (3)(b) is, after October 31 in the calendar year, to grant an applicant the quantity of beef and veal that they apply for on a first come first served basis.
SOR/2002-94, s. 2;
SOR/2003-455, s. 1;
SOR/2005-11, s. 1;
SOR/2005-329, s. 1;
SOR/2006-276, s. 1;
SOR/2007-218, s. 1;
SOR/2008-288, s. 1;
SOR/2009-299, s. 1;
SOR/2010-217, s. 1;
SOR/2011-242, s. 1;
SOR/2012-224, s. 1.
Previous Version[Repealed, SOR/2002-94, s. 2](Section 2)Carcasses and half-carcasses of bovine animals, fresh, chilled or frozen, that do not originate in Chile or a NAFTA country and are classified under tariff item No. 0201.10.10 or 0202.10.10 in the List of Tariff Provisions set out in the schedule to the Customs Tariff.Cuts of meat of bovine animals, fresh, chilled or frozen, with bone in, that do not originate in Chile or a NAFTA country and are classified under tariff item No. 0201.20.10 or 0202.20.10 in the List of Tariff Provisions set out in the schedule to the Customs Tariff.Boneless meat of bovine animals, fresh, chilled or frozen, that does not originate in Chile or a NAFTA country and is classified under tariff item No. 0201.30.10 or 0202.30.10 in the List of Tariff Provisions set out in the schedule to the Customs Tariff.