Allocation Method Order (2009) – Softwood Lumber Products (SOR/2009-10)

Regulations are current to 2017-09-27

Allocation Method Order (2009) – Softwood Lumber Products

SOR/2009-10

EXPORT AND IMPORT PERMITS ACT

Registration 2008-12-23

Allocation Method Order (2009) – 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 (2009) – Softwood Lumber Products.

Ottawa, December 22, 2008

LAWRENCE CANNON
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, 2005 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 November 1, 2007 and ending on October 31, 2008,

    • (b) in the case of Quebec, the period beginning on November 1, 2005 and ending on October 31, 2008,

    • (c) in the case of Manitoba, the period beginning on November 1, 2007 and ending on October 31, 2008, and

    • (d) in the case of Saskatchewan, the period beginning on November 1, 2007 and ending on October 31, 2008. (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 2009 for the purposes of paragraph 6.3(3)(a) of the Act.

PART 1Ontario

Marginal note:Percentage Share

 For the purposes of this Part, an Ontario primary producer’s or remanufacturer’s percentage share is the greater of

  • (a) the percentage calculated in accordance with the formula

    (EO/TEO) × 100

    where

    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; and
  • (b) the percentage calculated in accordance with the formula

    AO × 0.9

    where

    AO
    is the primary producer’s or remanufacturer’s percentage share for 2008.
Marginal note:Export allocation — percentage share determined under paragraph 3(a)

 If the percentage share of a primary producer or remanufacturer who applies for an export allocation is greater when calculated under paragraph 3(a) than under paragraph 3(b), the allocation of the Ontario quantity to the primary producer or remanufacturer is calculated in accordance with the formula

OQ × [(OPa/TOPa) × (1 - TOPb)]

where

OQ
is the Ontario quantity;
OPa
is the primary producer’s or remanufacturer’s percentage share determined under paragraph 3(a);
TOPa
is the total of all primary producers’ and remanufacturers’ percentage shares determined under paragraph 3(a); and
TOPb
is the total of all primary producers’ and remanufacturers’ percentage shares as determined under paragraph 3(b).
Marginal note:export allocation — percentage share determined under paragraph 3(b)

 If the percentage share of a primary producer or remanufacturer who applies for an export allocation is greater when calculated under paragraph 3(b) than under paragraph 3(a), the allocation of the Ontario quantity to the primary producer or remanufacturer is calculated in accordance with the formula

OQ × OPb

where

OQ
is the Ontario quantity; and
OPb
is the primary producer’s or remanufacturer’s percentage share determined under paragraph 3(b).

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 formula set out in section 7 (which is based on their historic export volume) or the formula set out in subsection 8(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, 2005 and ending on December 31, 2007 and it applies for an export allocation, the primary producer may only receive the allocation calculated in accordance with the formula set out in subsection 8(1) (which is based on its 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 formula set out in section 11 (which is based on its historic export volume).

 
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