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

Regulations are current to 2017-11-20

Marginal note:Allocation to primary producers — historic export volume

 The allocation of the Quebec quantity to a primary producer that is based on its 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 the primary producers’ 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; and
RNA
is the residual non-allocated quantity of the reserve pool calculated under section 10.
Marginal note:Allocation to primary producers — historic production volume
  •  (1) The allocation of the Quebec quantity to a primary producer that is based on its historic production volume is calculated in accordance with the formula

    RP × (PPPV/TPV)

    where

    RP
    is the reserve pool calculated under section 9;
    PPPV
    is the volume of Quebec softwood lumber products that the primary producer produced during the period beginning on January 1, 2005 and ending on December 31, 2007; 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 on January 1, 2005 and ending on December 31, 2007.

  • 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 the 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.
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 under section 8.
Marginal note:Allocation to remanufacturers

 The allocation of the Quebec quantity to a remanufacturer that is based on its 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.

PART 3Manitoba

Marginal note:Percentage Share

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

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

    (EM/TEM) × 100

    where

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

    AM × 0.9

    where

    AM
    is the allocation share of the primary producer or remanufacturer for the 2008 allocation year.
Marginal note:export-allocation percentage share determined under paragraph 12(a)

 If the percentage share of a primary producer or remanufacturer who applies for an export allocation is greater when calculated under paragraph 12(a) than under paragraph 12 (b), the allocation of the Manitoba quantity to the primary producer or remanufacturer is calculated in accordance with the formula

MQ × [(MPa/TMPa) × (1 - TMPb)]

where

MQ
is the Manitoba quantity;
MPa
is the primary producer’s or remanufacturer’s percentage share determined under paragraph 12(a);
TMPa
is the total of all primary producers’ and remanufacturers’ percentage shares determined under paragraph 12(a); and
TMPb
is the total of all primary producers’ and remanufacturers’ percentage shares determined under paragraph 12(b).
Marginal note:export allocation — percentage share determined under paragraph 12(b)

 If the percentage share of a primary producer or remanufacturer who applies for an export allocation is greater when calculated under paragraph 12(b) than under paragraph 12(a), the allocation of the Manitoba quantity to the primary producer or remanufacturer is calculated in accordance with the formula

MQ × PMb

where

MQ
is the Manitoba quantity; and
PMb
is the primary producer’s or remanufacturer’s percentage share determined under paragraph 12(b).

PART 4Saskatchewan

Marginal note:Allocation

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

SQ × (ES/TSQ)

where

SQ
is the Saskatchewan quantity;
ES
is the volume of the primary producer’s or remanufacturer’s products that were exported from Saskatchewan to the United States under export permits during the reference period; and
TSQ
is the total quantity of current softwood lumber products that could have been exported from Saskatchewan to the United States during the reference period.
Marginal note:Allocation of Residual Quantity

 The allocation of the residual quantity 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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