Allocation Method Order (2008) – Softwood Lumber Products

SOR/2007-305

EXPORT AND IMPORT PERMITS ACT

Registration 2007-12-14

Allocation Method Order (2008) – Softwood Lumber Products

The Minister of Foreign Affairs, pursuant to paragraph 6.3(3)(a)Footnote a of the Export and Import Permits Act hereby makes the annexed Allocation Method Order (2008) – Softwood Lumber Products.

Ottawa, December 14, 2007

MAXIME BERNIER
Minister of Foreign Affairs
Marginal note:Definitions
  •  (1) The following definitions apply in this Order.

    Act

    Loi

    Act means the Export and Import Permits Act. (Loi)

    current softwood lumber products

    produits de bois d’oeuvre courants

    current softwood lumber products means the products referred to in item 5104, Group 5, of the schedule to the Export Control List. (produits de bois d’oeuvre courants)

    exported

    exporté

    exported has the meaning set out in section 6.4 of the Act. (exporté)

    former softwood lumber products

    anciens produits de bois d’oeuvre

    former softwood lumber products means, in the case of Quebec, the products referred to in item 5105, Group 5, of the schedule to the Export Control List as it existed during the period beginning on November 1, 2004 and ending on October 11, 2006. (anciens produits de bois d’oeuvre)

    Manitoba quantity

    quantité pour le Manitoba

    Manitoba quantity means the quantity of current softwood lumber products that may be exported from Manitoba to the United States during a month under subsection 6.3(2) of the Act. (quantité pour le Manitoba)

    Ontario quantity

    quantité pour l’Ontario

    Ontario quantity means the quantity of current softwood lumber products that may be exported from Ontario to the United States during a month under subsection 6.3(2) of the Act. (quantité pour l’Ontario)

    primary producer

    entreprise de première transformation

    primary producer means a person who produces current softwood lumber products from softwood sawlogs and, in the case of Quebec, includes a person who produced former or Quebec softwood lumber products from softwood sawlogs. (entreprise de première transformation)

    primary producer’s products

    produits d’une entreprise de première transformation

    primary producer’s products means the current softwood lumber products that the primary producer produced at any time that were not remanufactured in Canada and, in the case of Quebec, includes former softwood lumber products. (produits d’une entreprise de première transformation)

    Quebec quantity

    quantité pour le Québec

    Quebec quantity means the quantity of current softwood lumber products that may be exported from Quebec to the United States during a month under subsection 6.3(2) of the Act. (quantité pour le Québec)

    Quebec softwood lumber products

    produits de bois d’oeuvre du Québec

    Quebec softwood lumber products means the softwood lumber products produced in Quebec that were reported to the Minister of Natural Resources and Wildlife under the Forest Act, R.S.Q., c. F-4.1. (produits de bois d’oeuvre du Québec)

    reference period

    période de référence

    reference period means,

    • (a) in the case of Ontario, the period beginning on January 1, 2007 and ending on October 31, 2007,

    • (b) in the case of Quebec, the period beginning on November 1, 2004 and ending on October 31, 2007, and

    • (c) in the case of Manitoba, the period beginning on November 1, 2006 and ending on October 31, 2007. (période de référence)

    remanufacturer

    entreprise de seconde transformation

    remanufacturer means a person who remanufactures — within the meaning of subsection 13(1) of the Softwood Lumber Products Export Charge Act, 2006 — current softwood lumber products and, in the case of Quebec, includes a person who remanufactured former softwood lumber products. (entreprise de seconde transformation)

    remanufacturer’s products

    produits d’une entreprise de seconde transformation

    remanufacturer’s products means the current softwood lumber products that the remanufacturer remanufactured at any time that were not further remanufactured in Canada and, in the case of Quebec, includes former softwood lumber products. (produits d’une entreprise de seconde transformation)

    Saskatchewan quantity

    quantité pour la Saskatchewan

    Saskatchewan quantity means the quantity of current softwood lumber products that may be exported from Saskatchewan to the United States during a month under subsection 6.3(2) of the Act. (quantité pour la Saskatchewan)

  • Marginal note:Transfer of export allocation

    (2) If a primary producer or remanufacturer transfers, with the consent of the Minister under subsection 6.3(4) of the Act, a portion of its export allocation for a month, together with the corresponding volume of its products, that volume is deemed to be included in the volume of the primary producer’s or remanufacturer’s products that were exported in that month to the United States under export permits and not in the volume of the transferee.

Marginal note:Application

 This Order establishes the method for allocating the monthly quantity of current softwood lumber products that may be exported from Ontario, Quebec, Manitoba and Saskatchewan in 2008 for the purposes of paragraph 6.3(3)(a) of the Act.

PART 1Ontario

Marginal note:Allocation

 The allocation of the Ontario quantity to a primary producer or remanufacturer who applies for an export allocation is calculated in accordance with the formula

OQ × (EO/TEO)

where

OQ
is the Ontario quantity;
EO
is the volume of the primary producer’s or remanufacturer’s products that were exported from Ontario to the United States under export permits during the reference period; and
TEO
is the total volume of the primary producers’ and remanufacturers’ products that were exported from Ontario to the United States under export permits during the reference period, excluding the volume of products of primary producers and remanufacturers who indicate in writing to the Minister before December 14, 2007 that they relinquish their allocation of the Ontario quantity for 2008.

PART 2Quebec

Marginal note:Primary producers with an export history
  •  (1) If some or all of a primary producer’s products were exported from Quebec to the United States under export permits during the reference period and the primary producer applies for an export allocation, the primary producer must choose to receive an allocation of the Quebec quantity calculated using the method described in section 5 (which is based on their historic export volume) or the method described in subsection 6(1) (which is based on their historic production volume).

  • Marginal note:Primary producers without an export history

    (2) If none of a primary producer’s products were exported from Quebec to the United States under export permits during the reference period and if the primary producer produced Quebec softwood lumber products during the period beginning on January 1, 2004 and ending on December 31, 2006 and they apply for an export allocation, the primary producer may only receive the allocation calculated using the method described in subsection 6(1) (which is based on their historic production volume).

  • Marginal note:Remanufacturers

    (3) If some or all of a remanufacturer’s products were exported from Quebec to the United States under export permits during the reference period and the remanufacturer applies for an export allocation, the remanufacturer may only receive the allocation calculated using the method described in section 9 (which is based on their historic export volume).

Marginal note:Allocation to primary producers — historic export volume

 The allocation of the Quebec quantity to a primary producer that is based on their historic export volume is calculated in accordance with the formula

(PPE/TPPE) ×{[QQ × (TPPE/TEQ) × 94%] + RNA}

where

PPE
is the volume of the primary producer’s products that were exported from Quebec to the United States under export permits during the reference period;
TPPE
is the total volume of primary producer’s products that were exported from Quebec to the United States under export permits during the reference period;
QQ
is the Quebec quantity;
TEQ
is the total volume of the primary producers’ and remanufacturers’ products that were exported from Quebec to the United States under export permits during the reference period, excluding the volume of products of primary producers and remanufacturers who indicate in writing to the Minister before December 14, 2007 that they relinquish their allocation of the Quebec quantity for 2008; and
RNA
is the residual non-allocated quantity of the reserve pool calculated in accordance with section 8.
Marginal note:Allocation to primary producers — historic production volume
  •  (1) The allocation of the Quebec quantity to a primary producer that is based on their historic production volume is calculated in accordance with the formula

    RP × (PPPV/TPV)

    where

    RP
    is the reserve pool calculated in accordance with section 7;
    PPPV
    is the volume of Quebec softwood lumber products that the primary producer produced during the period beginning on January 1, 2004 and ending on December 31, 2006; and
    TPV
    is the total volume of Quebec softwood lumber products produced during the same period by primary producers whose allocations are based on their historic production volume.
  • Marginal note:Maximum allocation

    (2) The allocation may not exceed 40% of the primary producer’s average monthly volume of Quebec softwood lumber products produced during the period beginning January 1, 2004 and ending on December 31, 2006.

  • Marginal note:Records of production volumes

    (3) The volume of Quebec softwood lumber products produced by a primary producer is based on records provided, with the consent of the primary producer, by the Government of Quebec to the Government of Canada.

Marginal note:Reserve pool

 The reserve pool is calculated in accordance with the formula

QQ × (TPPE/TEQ) × 6%

where

QQ
is the Quebec quantity;
TPPE
is the total volume of primary producers’ products that were exported from Quebec to the United States under export permits during the reference period; and
TEQ
is the total volume of the primary producers’ and remanufacturers’ products that were exported from Quebec to the United States under export permits during the reference period, excluding the volume of products of primary producers and remanufacturers who indicate in writing to the Minister before December 14, 2007 that they relinquish their allocation of the Quebec quantity for 2008.
Marginal note:Residual non-allocated quantity

 The residual non-allocated quantity of the reserve pool is calculated in accordance with the formula

RP - AP

where

RP
is the reserve pool; and
AP
is the total volume of current softwood lumber products allocated to primary producers calculated in accordance with section 6.
Marginal note:Allocation to remanufacturers

 The allocation of the Quebec quantity to a remanufacturer that is based on their historic export volume is calculated in accordance with the formula

QQ × (RE/TEQ)

where

QQ
is the Quebec quantity;
RE
is the volume of the remanufacturer’s products that were exported from Quebec to the United States under export permits during the reference period; and
TEQ
is the total volume of the primary producers’ and remanufacturers’ products that were exported from Quebec to the United States under export permits during the reference period, excluding the volume of products of primary producers and remanufacturers who indicate in writing to the Minister before December 14, 2007 that they relinquish their allocation of the Quebec quantity for 2008.

PART 3Manitoba

Marginal note:Allocation

 The allocation of the Manitoba quantity to a primary producer or remanufacturer who applies for an export allocation is calculated in accordance with the formula

MQ × (EM/TEM)

where

MQ
is the Manitoba quantity;
EM
is the volume of the primary producer’s or remanufacturer’s products that were exported from Manitoba to the United States under export permits during the reference period; and
TEM
is the total volume of the primary producers’ and remanufacturers’ products that were exported from Manitoba to the United States under export permits during the reference period, excluding the volume of products of primary producers and remanufacturers who indicate in writing to the Minister before December 14, 2007 that they relinquish their allocation of the Manitoba quantity for 2008.

PART 4Saskatchewan

Marginal note:Allocation

 The allocation of the Saskatchewan quantity to a primary producer or remanufacturer is based on the order of receipt of applications for the export allocation, with each applicant receiving the volume applied for until the Saskatchewan quantity is fully allocated.

PART 5Coming into Force

Marginal note:Registration

 This Order comes into force on the day on which it is registered.

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