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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

Softwood Lumber Products Export Charge (continued)

Export Charge (continued)

Marginal note:Surge mechanism

  • Footnote * (1) The amount of the charge applicable to an export of a softwood lumber product from a region during a month is increased by 50% if

    • (a) the export is one that does not require an export allocation under paragraph 6.3(3)(b) of the Export and Import Permits Act; and

    • (b) the exports of softwood lumber from the region during that month exceed the monthly trigger volume applicable to that region.

  • Marginal note:Surge mechanism if certain provisions apply

    (1.1) If the rate of charge provided for by section 12.1 or 12.2 applies in respect of an export, the increase under subsection (1) in respect of that export is to be calculated as if the rate had not applied and the rate provided for by subsection 12(3) or (4) had applied.

  • Marginal note:Exports in excess of trigger volume

    (2) Exports from a region for a month are considered to have exceeded the monthly trigger volume if the volume of exports from that region for that month exceed 101% of the monthly trigger volume for that region for that month.

  • Marginal note:Trigger volume

    (3) The monthly trigger volume applicable to a region, other than the BC Coast as defined in subsection 6.3(1) of the Export and Import Permits Act, is the amount determined by the formula

    [A × (B/100) × 1.1] - C

    where

    A
    is the expected monthly American consumption of softwood lumber products, as calculated in accordance with the prescribed formula;
    B
    is
    • (a) in respect of Ontario, 3.15,

    • (b) in respect of Quebec, 4.39,

    • (c) in respect of Manitoba, 0.29,

    • (d) in respect of Saskatchewan, 0.42,

    • (e) in respect of Alberta, 2.49, and

    • (f) in respect of the BC Interior, as defined in subsection 6.3(1) of the Export and Import Permits Act, 17.43; and

    C
    is the amount by which the exports from the region of softwood lumber products during the previous month exceeded the trigger volume for the region for the previous month, if those exports exceeded the trigger volume for the previous month by 1% or less of that trigger volume.
  • Marginal note:Trigger volume — BC Coast

    (4) The monthly trigger volume applicable to the BC Coast as defined in subsection 6.3(1) of the Export and Import Permits Act is the amount determined by the formula

    (A × 0.0186 × 1.1 × B) - C

    where

    A
    is the expected monthly American consumption of softwood lumber products, as calculated in accordance with the prescribed formula;
    B
    is
    • (a) in respect of January, the quotient obtained by dividing 0.7212 by 0.9288,

    • (b) in respect of February, the quotient obtained by dividing 0.9767 by 0.8944,

    • (c) in respect of March, the quotient obtained by dividing 0.9025 by 1.0014,

    • (d) in respect of April, the quotient obtained by dividing 1.3557 by 1.0707,

    • (e) in respect of May, the quotient obtained by dividing 1.1461 by 1.0679,

    • (f) in respect of June, the quotient obtained by dividing 1.1771 by 1.0405,

    • (g) in respect of July, the quotient obtained by dividing 0.9213 by 1.0508,

    • (h) in respect of August, the quotient obtained by dividing 1.0719 by 1.0501,

    • (i) in respect of September, the quotient obtained by dividing 1.0584 by 0.9953,

    • (j) in respect of October, the quotient obtained by dividing 0.9477 by 1.0636,

    • (k) in respect of November, the quotient obtained by dividing 0.8466 by 0.9435, and

    • (l) in respect of December, the quotient obtained by dividing 0.8746 by 0.8930; and

    C
    is the amount by which the exports from the region of softwood lumber products during the previous month exceeded the trigger volume for the region for the previous month, if those exports exceeded the trigger volume for the previous month by 1% or less of that trigger volume.
  • 2006, c. 13, s. 14
  • 2010, c. 12, s. 101
  • 2011, c. 24, s. 106

Marginal note:Charge

  • Footnote * (1) If, during a particular calendar quarter, total exports of softwood lumber products from Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland and Labrador, as provided in subsection 11(2), exceed the aggregate sum of total production in that calendar quarter and total inventory at the beginning of that calendar quarter, of softwood lumber products that underwent their first primary processing in one of those provinces from softwood sawlogs originating in one of those provinces or in the State of Maine, each person responsible for excess exports as determined under subsection (2) shall pay to Her Majesty in right of Canada a charge calculated by applying $200 per thousand board feet of exported lumber products to that person’s excess exports.

  • Marginal note:When charge payable

    (1.1) The charge becomes payable at the time that the softwood lumber product is exported.

  • Marginal note:Excess exports

    (2) A person’s excess exports shall equal the amount by which its exports exceed in a particular calendar quarter the sum of the person’s total production in that calendar quarter and total inventory at the beginning of that calendar quarter of softwood products that underwent their first primary processing in New Brunswick, Nova Scotia, Prince Edward Island or Newfoundland and Labrador from softwood sawlogs originating in one of those provinces or in the State of Maine.

Exemptions

Marginal note:Exemption — schedule

  •  (1) Despite section 10, a person whose name is set out in the schedule is exempt from the charge referred to in that section in respect of the export of softwood lumber products that the person produces if the person satisfies the prescribed conditions.

  • Marginal note:Amendments to schedule

    (2) The Governor in Council may, by regulation, amend the schedule by adding, deleting or changing the name of a person.

Marginal note:Exempt exports

  •  (1) The Governor in Council may, on the recommendation of the Minister for International Trade, by regulation, conditionally or unconditionally, exempt the export of softwood lumber products from a region from

    • (a) the charge referred to in section 10; or

    • (b) the application of any part of a rate of charge that is higher than the rate of charge provided for by subsection 12(3) or (4).

  • Marginal note:Exempt products

    (2) The Governor in Council may, on the recommendation of the Minister for International Trade, by regulation, conditionally or unconditionally, exempt any softwood lumber product from the charges referred to in sections 10 and 15.

  • Marginal note:Exempt person

    (3) Any person exempted from registering under subsection 22(2) is exempted from the charges referred to in sections 10 and 15.

  • 2006, c. 13, s. 17
  • 2011, c. 24, s. 107
 
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