E-19Export and Import Permits ActSOR/2009-320200911
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EXPORT AND IMPORT PERMITS ACTAllocation Method Order (2010) — Softwood Lumber ProductsThe Minister of Foreign Affairs, pursuant to paragraph 6.3(3)(a)a of the Export and Import Permits Actb, hereby makes the annexed Allocation Method Order (2010) — Softwood Lumber Products.S.C. 2006, c. 13, s. 111R.S., c. E-19Ottawa, November 30, 2009LAWRENCE CANNONMinister of Foreign AffairsDefinitionsThe following definitions apply in this Order.ActLoiAct means the Export and Import Permits Act.exportedexportéexported has the meaning set out in section 6.4 of the Act.Manitoba quantityquantité pour le ManitobaManitoba quantity means the quantity of softwood lumber products that may be exported from Manitoba to the United States during a month under subsection 6.3(2) of the Act.Ontario quantityquantité pour l’OntarioOntario quantity means the quantity of softwood lumber products that may be exported from Ontario to the United States during a month under subsection 6.3(2) of the Act.primary producerentreprise de première transformationprimary producer means a person who produces softwood lumber products from softwood sawlogs and, in the case of Quebec, includes a person who produces Quebec softwood lumber products from softwood sawlogs.primary producer’s productsproduits d’une entreprise de première transformationprimary producer’s products means the softwood lumber products that a primary producer produces and that are not remanufactured in Canada.Quebec quantityquantité pour le QuébecQuebec quantity means the quantity of softwood lumber products that may be exported from Quebec to the United States during a month under subsection 6.3(2) of the Act.Quebec softwood lumber productsproduits de bois d’oeuvre du QuébecQuebec softwood lumber products means the softwood lumber products produced in Quebec that were reported to the Minister of Natural Resources and Wildlife under the Forest Act, R.S.Q., c. F-4.1.reference periodpériode de référencereference period means the period beginning on November 1, 2006 and ending on October 31, 2009.remanufacturerentreprise de seconde transformationremanufacturer means a person who remanufactures — within the meaning of subsection 13(1) of the Softwood Lumber Products Export Charge Act, 2006 — softwood lumber products.remanufacturer’s productsproduits d’une entreprise de seconde transformationremanufacturer’s products means the softwood lumber products that a remanufacturer remanufactures and that are not further remanufactured in Canada.Saskatchewan quantityquantité pour la SaskatchewanSaskatchewan quantity means the quantity of softwood lumber products that may be exported from Saskatchewan to the United States during a month under subsection 6.3(2) of the Act.softwood lumber productsproduits de bois d’oeuvresoftwood lumber products means the products referred to in item 5104, Group 5 of the schedule to the Export Control List.GENERALApplicationThis Order establishes the method for allocating the quantity of softwood lumber products that may be exported during a month from Ontario, Quebec, Manitoba and Saskatchewan in 2010 for the purposes of paragraph 6.3(3)(a) of the Act.Relinquishing an export allocationFor the purposes of this Order, a primary producer or remanufacturer relinquishes their export allocation for 2010 by so informing the Minister in writing by December 11, 2009.Transfer of export allocationIf a primary producer or remanufacturer transfers, with the consent of the Minister under subsection 6.3(4) of the Act, a portion of the export allocation issued to it by the Minister for a month, that portion is deemed to be included in the volume of the primary producer’s or remanufacturer’s products that were exported in that month to the United States under export permits, and not in the volume of the transferee, so long asthe portion transferred includes a corresponding volume of products; orthe total of the portion transferred during the month that does not include products does not exceed 15% of the volume of the primary producer’s or remanufacturer’s export allocation for the month.ONTARIOAllocationThe allocation of the Ontario quantity to a primary producer or remanufacturer who applies for an export allocation is calculated in accordance with the formulaOQ × (EO/TEO)whereOQis the Ontario quantity;EOis the volume of the primary producer’s or remanufacturer’s products that were exported from Ontario to the United States under export permits during the reference period; andTEOis the total volume of primary producers’ and remanufacturers’ products that were exported from Ontario to the United States under export permits during the reference period, excluding the volume of products of primary producers and remanufacturers who relinquish their export allocations for 2010.QUEBECPrimary producers with an export historyIf some or all of a primary producer’s products were exported from Quebec to the United States under export permits during the reference period and the primary producer applies for an export allocation, the primary producer must choose to receive an allocation of the Quebec quantity calculated in accordance with the formula set out in section 7(which is based on their historic export volume) or the formula set out in subsection 8(1) (which is based on their historic production volume).Primary producers without an export historyIf none of a primary producer’s products were exported from Quebec to the United States under export permits during the reference period and if the primary producer produced Quebec softwood lumber products during the period beginning on January 1, 2006 and ending on December 31, 2008 and it applies for an export allocation, the primary producer may only receive the allocation calculated in accordance with the formula set out in subsection 8(1) (which is based on its historic production volume).RemanufacturersIf some or all of a remanufacturer’s products were exported from Quebec to the United States under export permits during the reference period and the remanufacturer applies for an export allocation, the remanufacturer may only receive the allocation calculated in accordance with the formula set out in section 11 (which is based on its historic export volume).Allocation to primary producers — historic export volumeThe allocation of the Quebec quantity to a primary producer that is based on its historic export volume is calculated in accordance with the formula(PPE/TPPEH) × {[QQ × (TPPE/TEQ) × 96%] + RNA}wherePPEis the volume of the primary producer’s products that were exported from Quebec to the United States under export permits during the reference period;TPPEHis the total volume of primary producers’ products that were exported from Quebec to the United States under export permits during the reference period in respect of export allocations based on historic export volume, excluding the volume of products of primary producers who relinquish their export allocations for 2010;QQis the Quebec quantity;TPPEis the total volume of primary producers’ products that were exported from Quebec to the United States under export permits during the reference period, excluding the volume of products of primary producers who relinquish their export allocations for 2010;TEQis the total volume of primary producers’ and remanufacturers’ products that were exported from Quebec to the United States under export permits during the reference period, excluding the volume of products of primary producers and remanufacturers who relinquish their export allocations for 2010; andRNAis the residual non-allocated quantity of the reserve pool calculated under section 10.Allocation to primary producers — historic production volumeThe allocation of the Quebec quantity to a primary producer that is based on its historic production volume is calculated in accordance with the formulaRP × (PPPV/TPV)whereRPis the reserve pool calculated under section 9;PPPVis the volume of Quebec softwood lumber products that the primary producer produced during the period beginning on January 1, 2006 and ending on December 31, 2008; andTPVis the total volume of Quebec softwood lumber products produced during the same period by primary producers whose allocations are based on their historic production volume.Maximum allocationThe allocation may not exceed 40% of the primary producer’s average monthly volume of Quebec softwood lumber products produced during the period beginning on January 1, 2006 and ending on December 31, 2008.Records of production volumesThe volume of Quebec softwood lumber products produced by a primary producer is based on records provided, with the consent of the primary producer, by the Government of Quebec to the Government of Canada.Reserve poolThe reserve pool is calculated in accordance with the formulaQQ × (TPPE/TEQ) × 4%whereQQis the Quebec quantity;TPPEis the total volume of primary producers’ products that were exported from Quebec to the United States under export permits during the reference period, excluding the volume of products of primary producers who relinquish their export allocations for 2010; andTEQis the total volume of primary producers’ and remanufacturers’ products that were exported from Quebec to the United States under export permits during the reference period, excluding the volume of products of primary producers and remanufacturers who relinquish their export allocations for 2010.Residual non-allocated quantityThe residual non-allocated quantity of the reserve pool is calculated in accordance with the formulaRP – APwhereRPis the reserve pool; andAPis the total volume of softwood lumber products allocated to primary producers calculated under section 8.Allocation to remanufacturersThe allocation of the Quebec quantity to a remanufacturer that is based on its historic export volume is calculated in accordance with the formulaQQ × (RE/TEQ)whereQQis the Quebec quantity;REis the volume of the remanufacturer’s products that were exported from Quebec to the United States under export permits during the reference period; andTEQis the total volume of primary producers’ and remanufacturers’ products that were exported from Quebec to the United States under export permits during the reference period, excluding the volume of products of primary producers and remanufacturers who relinquish their export allocations for 2010.MANITOBAAllocationThe allocation of the Manitoba quantity to a primary producer or remanufacturer who applies for an export allocation is calculated in accordance with the formulaMQ × (EM/TEM)whereMQis the Manitoba quantity;EMis the volume of the primary producer’s or remanufacturer’s products that were exported from Manitoba to the United States under export permits during the reference period; andTEMis the total volume of primary producers’ and remanufacturers’ products that were exported from Manitoba to the United States under export permits during the reference period, excluding the volume of products of primary producers and remanufacturers who relinquish their export allocations for 2010.SASKATCHEWANAllocationThe allocation of the Saskatchewan quantity to a primary producer or remanufacturer who applies for an export allocation is calculated in accordance with the formulaSQ × (ES/TSQ)whereSQis the Saskatchewan quantity;ESis the volume of the primary producer’s or remanufacturer’s products that were exported from Saskatchewan to the United States under export permits during the reference period; andTSQis the total of the Saskatchewan quantities for the reference period.Allocation of remainderThe allocation of the remainder of the Saskatchewan quantity is based on the order of receipt of applications for an export allocation of the remainder, with each applicant receiving the volume applied for until the Saskatchewan quantity is fully allocated.COMING INTO FORCERegistrationThis Order comes into force on the day on which it is registered.