Allocation Method Order (2012) — Softwood Lumber Products (SOR/2011-269)

Regulations are current to 2014-09-29

GENERAL

Marginal note:Application

 This Order establishes the method for allocating the quantity of softwood lumber products that may be exported during a month from each of Ontario, Quebec, Manitoba and Saskatchewan in 2012 for the purpose of paragraph 6.3(3)(a) of the Act.

Marginal note:Relinquishing export allocation

 For the purposes of this Order, a primary producer or remanufacturer relinquishes its export allocation for 2012 by so informing the Minister in writing by December 10, 2011.

Marginal note:Transfer of export allocation

 When a primary producer or remanufacturer transfers, with the consent of the Minister under subsection 6.3(4) of the Act, a portion of the export allocation issued to it by the Minister for a month, that portion 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, if

  • (a) the portion transferred includes a corresponding volume of products; or

  • (b) the total of the portion that is transferred during the month and that does not include products does not exceed 15% of the volume of the primary producer’s or remanufacturer’s export allocation for the month.

ONTARIO

Marginal note:Determination of allocation

 The allocation of the Ontario quantity to a primary producer or remanufacturer who applies for an export allocation is determined by the formula

OQ x [(EO/TEO) × 97%]

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 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 relinquish their export allocations for 2012.
Marginal note:Allocation of remainder
  •  (1) Subject to subsection (2), the allocation of the remainder of the Ontario quantity is based on the order of receipt of applications for an export permit for a share of the remainder, with each applicant receiving the volume applied for until the remainder of the Ontario quantity is fully allocated.

  • Marginal note:Exhaustion of an allocation for a month

    (2) An applicant who has received an allocation of the Ontario quantity for a month must exhaust that allocation before applying for an export permit for a share of the remainder, which is to be dealt with in accordance with subsection (1).

QUEBEC

Marginal note:Remanufacturers
  •  (1) 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 of the Quebec quantity determined by the formula in section 8 (which is based on its historic export volume).

  • Marginal note:Primary producers without 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, 2008 and ending on December 31, 2010 and it applies for an export allocation, the primary producer may only receive the allocation of the Quebec quantity determined by the formula in subsection 10(1) (which is based on its historic production volume).

  • Marginal note:Primary producers with export history

    (3) 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 determined by the formula in section 12 (which is based on their historic export volume) or the formula in subsection 10(1) (which is based on their historic production volume).