Softwood Lumber Products Export Charge Act, 2006

Marginal note:Export from a region

• 12 (1) If a softwood lumber product is exported from a region in a particular month, the amount of the charge in respect of that export is the amount calculated by applying the rate applicable for the month under subsection (3) or (4) or section 12.1 to the export price of the product as determined under section 13.

• Marginal note:Deemed export from a region

  (2) An exported softwood lumber product is deemed to be exported from the region where the product underwent its first primary processing. If, however, the exported product underwent its first primary processing in Nova Scotia, New Brunswick, Prince Edward Island, Newfoundland and Labrador, Yukon, the Northwest Territories or Nunavut from softwood sawlogs originating in a particular region, it is deemed to be exported from that region.

• Marginal note:Applicable rate — export allocation

  (3) In the case of an export for which an export allocation issued under paragraph 6.3(3)(b) of the Export and Import Permits Act is required, the applicable rate of charge for the particular month is

  • (a) 0% if the reference price for the month is more than US$355;

  • (b) 2.5% if the reference price for the month is at least US$336 but not more than US$355;

  • (c) 3% if the reference price for the month is at least US$316 but not more than US$335; or

  • (d) 5% if the reference price for the month is not more than US$315.

• Marginal note:Applicable rate — other cases

  (4) In the case of an export for which an export allocation referred to in subsection (3) is not required, the applicable rate of charge for the particular month is

  • (a) 0% if the reference price for the month is more than US$355;

  • (b) 5% if the reference price for the month is at least US$336 but not more than US$355;

  • (c) 10% if the reference price for the month is at least US$316 but not more than US$335; or

  • (d) 15% if the reference price for the month is not more than US$315.

• Marginal note:Reference price

  (5) The reference price for a particular month is the most recent four-week average of the weekly Framing Lumber Composite Price, published by Random Lengths Publications Incorporated, that is available at least 21 days before the start of the particular month.

• Marginal note:Reference price by regulation

  (6) If Random Lengths Publications Incorporated changes, at any time after April 27, 2006, the weights it uses to calculate the Framing Lumber Composite Price or ceases to publish the Framing Lumber Composite Price or any of its constituent prices, the reference price for a particular month is to be calculated according to a prescribed formula.

• Marginal note:Rounding

  (7) Each reference price shall be rounded to the nearest multiple of one dollar or, if the amount is equidistant from two multiples of one dollar, to the higher multiple.