Conditions for Exempted Persons Regulations
P.C. 2007-112 2007-02-01
Her Excellency the Governor General in Council, on the recommendation of the Minister of National Revenue and the Minister for International Trade, pursuant to subsection 16(1), paragraph 100(1)(b) and section 107 of the Softwood Lumber Products Export Charge Act, 2006Footnote a, hereby makes the annexed Conditions for Exempted Persons Regulations.
Return to footnote aS.C. 2006, c. 13
1 The following definitions apply in these Regulations.
Act means the Softwood Lumber Products Export Charge Act, 2006. (Loi)
prix de référence
reference price has the same meaning as in subsection 12(5) or (6) of the Act and is rounded in accordance with subsection 12(7) of the Act. (prix de référence)
2 These Regulations apply in respect of persons whose names are set out in the schedule to the Act.
Marginal note:Export limit
BMP × M
- is the person’s base average monthly production; and
- is number of months in that year that the reference price was not more than US$355 per thousand board feet.
Marginal note:Base average monthly production
(2) A person’s base average monthly production is the total production of softwood lumber products for the following years as certified by the province in which the person is located, divided by 24:
Marginal note:Products from certain mills
(3) The total production of softwood lumber products in respect of the following persons is based on the products produced from the following mills:
Marginal note:Actual exports
4 A person’s actual exports of softwood lumber products are determined at the end of the calendar year by adding the person’s exports of those products during the months when the reference price was not more than US$355 per thousand board feet.
Marginal note:Reduction of export limit
5 If, in a calendar year, a person’s actual exports of softwood lumber products exceed their export limit by more than 0.5%, the person’s export limit for the following calendar year is reduced by
(a) the amount of the excess, the first time an excess occurs;
(b) twice the amount of the excess, the second time an excess occurs; and
(c) three times the amount of the excess, the third time an excess occurs.
Marginal note:End of exemption
6 For the purposes of subsection 16(1) of the Act, a person is exempt from the charge referred to in section 10 of the Act on the condition that the person’s actual annual exports of softwood lumber products do not exceed the person’s annual export limit by more than 0.5% in any four calendar years. The exemption ends on December 31 of the year that the fourth excess occurs.
Marginal note:Coming into force
7 These Regulations are deemed to have come into force on October 12, 2006.
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