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Softwood Lumber Products Export Charge Act, 2006 (S.C. 2006, c. 13)

Act current to 2020-03-05 and last amended on 2016-06-17. Previous Versions

Regulations

Marginal note:Regulations — general

  •  (1) The Governor in Council may make regulations

    • (a) respecting the duration, amendment, suspension, renewal, cancellation or reinstatement of a certification under section 25;

    • (b) prescribing any matter or thing that by this Act is to be or may be prescribed; and

    • (c) generally to carry out the purposes and provisions of this Act.

  • (2) [Repealed, 2014, c. 20, s. 312]

  • 2006, c. 13, s. 100
  • 2014, c. 20, s. 312

Marginal note:Effect

 A regulation made under this Act has effect from the day it is published in the Canada Gazette or at any later time that may be specified in the regulation, unless it provides otherwise and

  • (a) has a relieving effect only;

  • (b) corrects an ambiguous or deficient enactment that was not in accordance with the objects of this Act;

  • (c) is consequential on an amendment to this Act that is applicable before the day on which the regulation is published in the Canada Gazette; or

  • (d) gives effect to a budgetary or other public announcement, in which case the regulation shall not, unless paragraph (a), (b) or (c) applies, have effect before the day on which the announcement was made.

Expiry

Marginal note:Regulation

 The Governor in Council may, by regulation, declare that any of sections 10 to 15 cease to be in force on a day or days fixed in the regulation.

Payment to Accounts

Marginal note:Payment

 From and out of the Consolidated Revenue Fund there may, on the requisition of the Minister for International Trade, be paid and applied a sum or sums for payment to any account as determined by that Minister in order to meet Canada’s financial obligations under the softwood lumber agreement, as defined in subsection 2(1) of the Export and Import Permits Act.

Transitional Provisions

Marginal note:Transitional period

  •  (1) If a person registered under section 23 exported a softwood lumber product from a region during the period beginning on October 12, 2006 and ending on the day before the day on which subsection 12(3) comes into force and the registered person would require an export allocation under paragraph 6.3(3)(b) of the Export and Import Permits Act in order to export the same product from that region on that day, the Minister shall refund the registered person the amount, if any, by which the amount that the registered person paid under section 10 in respect of the export of the product exceeds the amount that the registered person would have been required to pay in respect of the export of that product under that section if subsection 12(3) applied to that export.

  • Marginal note:Exception

    (2) If the total exports of softwood lumber products from a region, during any month of the period referred to in subsection (1), exceeds the sum of export allocations that would have been issued for that region for that month if section 6.3 of the Export and Import Permits Act, as enacted by section 111 of this Act, were in force during that month, the amount of the refund under subsection (1) in respect of the export of a softwood lumber product from that region during that month is nil.

Marginal note:Month

  •  (1) For the purpose of applying section 14 to the month of October 2006, references to a month in subsections 14(1) and (2) are deemed to be references to the period beginning on October 12, 2006 and ending on October 31, 2006.

  • Marginal note:Monthly trigger volume for October 2006

    (2) The monthly trigger volume applicable to a region for the month of October 2006 is the amount determined by the formula

    A × (B/100) × 1.1 × (20/31)

    where

    A
    is the value of A determined under subsection 14(3) or (4), as applicable; and
    B
    is the value of B determined under subsection 14(3) or (4), as applicable.
  • Marginal note:Value of C for November 2006

    (3) For the purpose of calculating the value of C as determined under subsection 14(3) or (4) for the month of November 2006 in respect of a region,

    • (a) the reference to “exports from the region of softwood lumber products during the previous month” is deemed to be a reference to exports from the region of softwood lumber products during the period beginning on October 12, 2006 and ending on October 31, 2006; and

    • (b) the reference to “the trigger volume for the region for the previous month” is deemed to be a reference to the volume calculated under subsection (2).

Marginal note:Section 64

 For the purposes of section 64, a return that is required to be filed before April 1, 2007 and that has not been filed before that day is deemed to be required to be filed on March 31, 2007.

Marginal note:Retroactive regulations

 Despite section 101, every first regulation made under subsection 17(1) or (2) or 22(2) or section 100 may, if the regulation so provides, have effect earlier than the day on which it is made but no earlier than October 12, 2006.

Marginal note:Retroactive regulations — Export and Import Permits Act

 Every first regulation made under section 3, 6 or 12 of the Export and Import Permits Act or under paragraph 6.3(3)(a) of that Act, as enacted by section 111 of this Act, and arising out of the implementation of the softwood lumber agreement, as defined in subsection 2(1) of that Act, may, if the regulation so provides, have effect earlier than the day on which it is made but no earlier than October 12, 2006.

Amendments to the Export and Import Permits Act

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

Consequential Amendments

Access to Information Act

 [Amendment]

 [Amendment]

Canada Revenue Agency Act

 [Amendment]

Tax Court of Canada Act

 [Amendments]

 [Amendment]

 [Amendment]

 [Amendment]

Coordinating Amendment

 [Amendment]

Coming into Force

Marginal note:Coming into force

  •  (1) The provisions of this Act, other than subsection 12(3) and sections 64, 67 to 76 and 125, come into force or are deemed to have come into force on October 12, 2006.

  • Marginal note:Subsection 12(3)

    Footnote *(2) Subsection 12(3) comes into force on a day to be fixed by order of the Governor in Council.

  • Marginal note:Section 64

    (3) Section 64 comes into force or is deemed to have come into force on April 1, 2007.

 
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