Export Permits Regulations (Softwood Lumber Products)
SOR/96-319
Registration 1996-06-21
Export Permits Regulations (Softwood Lumber Products)
P.C. 1996-994 1996-06-21
His Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to paragraphs 12(a)Footnote a and (b)Footnote a of the Export and Import Permits Act, hereby makes the annexed Export Permits Regulations (Softwood Lumber Products).
Return to footnote aS.C. 1994, c. 47, s. 112(1)
Interpretation
1 The definitions in this section apply in these Regulations.
- Act
Act means the Export and Import Permits Act. (Loi)
- applicant
applicant means a resident of Canada who applies for a permit or an amendment to a permit. (requérant)
- board foot
board foot means a unit of measurement of lumber equal to 12 inches x 12 inches x 1 inch, and one thousand board feet is equal to 2.36 cubic meters or 92.91 square meters of lumber. All conversions of board feet to cubic meters or to square meters shall be made on a nominal measurement basis and shall not be rounded up to the nearest cubic meter or square meter. (pied-planche)
- established base
established base has the same meaning as in section 1 of the Softwood Lumber Products Export Permits Fees Regulations. (régime de base)
- exporter
exporter means a person who exports softwood lumber products to the United States. (exportateur)
- export level
export level, in respect of any year, means a share of the established base or the lower fee base assigned to an exporter. (niveau d’exportation)
- GST number
GST number means the Goods and Services Tax registration number assigned by the Minister of National Revenue under section 241 of the Excise Tax Act. (numéro de TPS)
- lower fee base
lower fee base has the same meaning as in section 1 of the Softwood Lumber Products Export Permits Fees Regulations. (régime de prix inférieur)
- permit
permit means an export permit issued pursuant to subsection 7(1) of the Act. (licence)
- province of first manufacture
province of first manufacture means the province where the mill at which a softwood lumber product is first manufactured into such a product is situated, whether or not that product is further processed (for example, by planing or kiln drying) or is transformed from one softwood lumber product into another such product (for example, a remanufactured product) in another province. (province de première transformation)
- softwood lumber products
softwood lumber products means goods set out in item 5104 of Group 5 of the schedule to the Export Control List. (produits de bois d’oeuvre)
- SOR/96-480, s. 1
Application for a Permit
2 An applicant for a permit to export softwood lumber products shall submit to the Minister a duly signed and completed application form, provided by the Minister, containing the following information, together with the applicant’s affirmation that the information is true, correct and complete:
(a) the United States Customs entry number;
(b) the exporter’s name, the identifier number assigned to the exporter by the Minister and the exporter’s GST number or, where the exporter does not have a GST number, the business registration number assigned to the exporter by the Minister of National Revenue;
(c) the name and address of the applicant;
(d) the official language selected by the applicant and the exporter;
(e) confirmation that the applicant and the exporter are residents of Canada;
(f) the name of the province of first manufacture;
(g) the name and address of the mill or manufacturer of the softwood lumber products in the province of first manufacture and their GST number or business registration number, as the case may be;
(h) the tariff item number of the softwood lumber products under the Harmonized Tariff Schedule of the United States (1996);
(i) a description of the softwood lumber products;
(j) the quantity of softwood lumber products expressed in board feet, square metres or cubic metres;
(k) the port of entry of the softwood lumber products in the United States;
(l) the date of entry of the softwood lumber products into the United States;
(m) the total value of the softwood lumber products in US dollars;
(n) the name and address of the importer; and
(o) the mode of transportation of the softwood lumber products.
3 The applicant shall indicate in the application if the permit is to be sent to the applicant or the exporter, or held for pick-up.
Procedure for Issuing a Permit
4 Where the application for a permit is approved and signed by the Minister, the application form, together with the information furnished in it, becomes a valid permit and shall not, thereafter, be altered except by the Minister.
5 A permit shall be sent to or held for the applicant or the exporter, as requested in the application.
Terms and Conditions of Permits
6 It is a condition of the issuance of a permit that
(a) where the permit is issued to an exporter, or to a resident of Canada with the authorization of the exporter, in respect of exports of softwood lumber products in the established base or the lower fee base, the exporter has been assigned an export level;
(b) the fee payable under sections 3, 4, 6, 7 and 8.1 of the Softwood Lumber Products Export Permits Fees Regulations, as applicable, is paid at the time of issuance of the permit, by cheque payable to the Receiver General;
(c) the total quantity of softwood lumber products exported by the exporter in a year does not exceed the exporter’s export level for the established base;
(d) where the permit is issued to a resident of Canada, with the authorization of the exporter, in respect of a portion of the exporter’s export level for the established base, the total quantity of softwood lumber products exported by the resident of Canada in a year does not exceed that portion;
(e) in addition to the quantity of softwood lumber products referred to in paragraph (c), the total quantity of softwood lumber products exported by the exporter in a year does not exceed the exporter’s export level for the lower fee base;
(f) where the permit is issued to a resident of Canada, with the authorization of the exporter, in respect of a portion of the exporter’s export level for the lower fee base, in addition to the quantity of softwood lumber products referred to in paragraph (d), the total quantity of softwood lumber products exported by the resident of Canada in a year does not exceed that portion; and
(g) the applicant agrees that the Minister may provide the information furnished in the application for the permit to competent authorities of the United States.
- SOR/96-480, s. 2
7 An applicant shall, for a period of five years following the date of issue of a permit, keep records and materials that support data relied upon by the exporter and the Minister for the purpose of applying for and issuing the permit.
Lost Permits
8 Where a permit has been lost or destroyed, the person to whom it was issued may request a replacement permit from the Minister and shall, when making the request, submit a declaration containing
(a) a statement that the permit has been lost or destroyed and an explanation of the loss or destruction; and
(b) in the case of a permit that has been lost, an undertaking to return the original permit to the Minister without delay if it is found.
Coming into Force
9 These Regulations come into force on June 21, 1996.
- Date modified: