Conditions for Exempted Persons Regulations (SOR/2007-17)

Marginal note:Interpretation

1 The following definitions apply in these Regulations.

Act

Act means the Softwood Lumber Products Export Charge Act, 2006. (Loi)

reference price

reference price has the same meaning as in subsection 12(5) or (6) of the Act and is rounded in accordance with subsection 12(7) of the Act. (prix de référence)

Marginal note:Application

2 These Regulations apply in respect of persons whose names are set out in the schedule to the Act.

Marginal note:Export limit

• 3 (1) A person’s export limit of softwood lumber products for a calendar year is the amount determined by the formula

  BMP × M

  where

  BMP

  is the person’s base average monthly production; and

  M

  is number of months in that year that the reference price was not more than US$355 per thousand board feet.

• Marginal note:Base average monthly production

  (2) A person’s base average monthly production is the total production of softwood lumber products for the following years as certified by the province in which the person is located, divided by 24:

  • (a) in the case of  9157–9516 Québec inc. (Scierie Nord-Sud inc.), 2002 and 2003; and

  • (b) in all other cases, 2004 and 2005.

• Marginal note:Products from certain mills

  (3) The total production of softwood lumber products in respect of the following persons is based on the products produced from the following mills:

  • (a) in the case of J.D. Irving Ltd., its mill at Pohénégamook in Quebec; and

  • (b) in the case of Matériaux Blanchet inc., its mill at Saint-Pamphile in Quebec.

Marginal note:Actual exports

4 A person’s actual exports of softwood lumber products are determined at the end of the calendar year by adding the person’s exports of those products during the months when the reference price was not more than US$355 per thousand board feet.

Marginal note:Reduction of export limit

5 If, in a calendar year, a person’s actual exports of softwood lumber products exceed their export limit by more than 0.5%, the person’s export limit for the following calendar year is reduced by

• (a) the amount of the excess, the first time an excess occurs;

• (b) twice the amount of the excess, the second time an excess occurs; and

• (c) three times the amount of the excess, the third time an excess occurs.

Marginal note:End of exemption

6 For the purposes of subsection 16(1) of the Act, a person is exempt from the charge referred to in section 10 of the Act on the condition that the person’s actual annual exports of softwood lumber products do not exceed the person’s annual export limit by more than 0.5% in any four calendar years. The exemption ends on December 31 of the year that the fourth excess occurs.

Marginal note:Coming into force

7 These Regulations are deemed to have come into force on October 12, 2006.