Softwood Lumber Products Export Allocations Regulations
P.C. 2007-111 2007-02-01
Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to paragraphs 12(a) to (b)Footnote a of the Export and Import Permits Act and section 108 of the Softwood Lumber Products Export Charge Act, 2006Footnote b, hereby makes the annexed Softwood Lumber Products Export Allocations Regulations.
1 The following definitions apply in these Regulations.
Act means the Export and Import Permits Act. (Loi)
region has the same meaning as in subsection 6.3(1) of the Act. (région)
softwood lumber products
produits de bois d’oeuvre
softwood lumber products means goods included in item 5104 of Group 5 of the schedule to the Export Control List. (produits de bois d’oeuvre)
2 (1) An exporter or their agent or mandatary who applies for an export allocation must submit to the Minister the following information, together with a statement that the information is true, correct and complete:
(a) the name and address of the exporter and, if applicable, of the agent or mandatary;
(b) the official language selected for communications with the exporter;
(c) whether or not the exporter and, if applicable, the agent or mandatary are residents of Canada; and
(d) information necessary to enable the Minister to take into account the considerations referred to in paragraphs 4(b) and (c).
(2) The exporter, agent or mandatary must provide to the Minister, on request, any additional information that is necessary to clarify information furnished in the application.
Marginal note:Resident of Canada
3 If the exporter is not a resident of Canada, the application must be made by an agent or mandatary who is a resident of Canada.
Marginal note:Considerations to be taken into account
4 The Minister must take the following considerations into account when deciding whether to issue an export allocation:
(a) whether the exporter or, if applicable, the agent or mandatary has furnished the information required by these Regulations;
(b) whether the exporter has complied with the provisions of the Act, or the regulations made under the Act, or any condition of an export allocation or export permit during the 12-month period preceding the month for which the export allocation is to apply; and
(c) whether the exporter has furnished false or misleading information in connection with any reports required by the Act, or the regulations made under the Act, or by any condition of an export allocation or export permit during the 12-month period preceding the month for which the export allocation is to apply.
Marginal note:Information to be supplied by allocation holders
5 An export allocation holder must provide the Minister with a detailed report of the circumstances of the holder or of any other person who has failed or will likely fail to comply with the requirements of these Regulations in respect of the softwood lumber products to which the allocation relates or with the terms of the allocation as soon as the holder becomes aware of those circumstances.
Marginal note:Coming into force
6 These Regulations are deemed to have come into force on October 12, 2006.
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