Softwood Lumber Products Export Charge Act, 2006 (S.C. 2006, c. 13)

Act current to 2013-04-29 and last amended on 2011-12-15. Previous Versions

GENERAL PROVISIONS CONCERNING CHARGES AND OTHER AMOUNTS PAYABLE

Administration, Enforcement and Officers

Marginal note:Minister’s duty

 The Minister shall administer and enforce this Act and the Commissioner may exercise the powers and perform the duties of the Minister under this Act.

Marginal note:Staff
  •  (1) The persons that are necessary to administer and enforce this Act are to be appointed, employed or engaged in the manner authorized by law.

  • Marginal note:Delegation of powers

    (2) The Minister may authorize any person employed or engaged by the Agency or who occupies a position of responsibility in the Agency to exercise powers or perform duties of the Minister, including any judicial or quasi-judicial power or duty of the Minister, under this Act.

Marginal note:Administration of oaths

 Any person, if designated by the Minister for the purpose, may administer oaths and take and receive affidavits, declarations and affirmations for the purposes of or incidental to the administration or enforcement of this Act, and every person so designated has for those purposes all the powers of a commissioner for administering oaths or taking affidavits.

Registration and Certification

Marginal note:Duty to register
  •  (1) Every person who exports a softwood lumber product to the United States is required to be registered for the purposes of this Act.

  • Marginal note:Exception

    (2) On the recommendation of the Minister for International Trade, the Governor in Council may, by regulation, exempt persons or classes of persons from the requirement to register.

  • Marginal note:Application

    (3) A person required to be registered shall apply to the Minister for registration on or before the day on which the softwood lumber product is exported.

  • Marginal note:Form and manner

    (4) An application for registration must be made in the prescribed form containing the prescribed information and must be filed with the Minister in the prescribed manner.

  • Marginal note:Security

    (5) An applicant who is not resident in Canada or who does not have a permanent establishment in Canada shall give and maintain security, in an amount and in a form satisfactory to the Minister, for the purposes of securing all amounts payable by the person under this Act.

  • Definition of “permanent establishment”

    (6) For the purposes of subsection (5), “permanent establishment” in respect of an applicant means a fixed place of business of the applicant, including a place of management, a branch, an office, a factory or a workshop or any timberland.

Marginal note:Registration

 The Minister may register any person applying for registration and, if the Minister does so, shall notify the person of the effective date of the registration.