Softwood Lumber Products Export Charge Act, 2006

Marginal note:Distribution of revenue

• 99 (1) The Minister shall distribute, among the provinces from which the softwood lumber products originate, the revenue derived by Her Majesty in right of Canada from the charge imposed on those products under section 10 or 15, less any refunds and less the following costs incurred by Her Majesty in right of Canada, as determined by the Minister,

  • (a) costs incurred in the administration of this Act and the softwood lumber agreement, as defined in subsection 2(1) of the Export and Import Permits Act; and

  • (b) costs incurred in relation to any litigation, including damages, in respect of this Act or that agreement.

• Marginal note:Calculations

  (1.1) The portion of the revenue to be distributed to a province shall be calculated in respect of each fiscal quarter in a fiscal year.

• Definition of fiscal year

  (1.2) In subsection (1.1), fiscal year means the period beginning on April 1 in one year and ending on March 31 in the next year.

• Marginal note:Revenue

  (1.3) The amount of revenue to be attributed to a province for a fiscal quarter is the revenue derived from the charge imposed under section 10 or 15 on softwood lumber products originating from that province.

• Marginal note:Costs

  (1.4) The amount of the costs referred to in paragraphs (1)(a) and (b) to be attributed to a province for a fiscal quarter is determined by the formula

  A × (B/C) + D

  where

  A

  is the costs that the Minister becomes aware of during the fiscal quarter;

  B

  is the volume in board feet of softwood lumber products exported from the province to the United States during the fiscal quarter under export permits;

  C

  is the volume in board feet of softwood lumber products exported from all of the provinces to the United States during the fiscal quarter under export permits; and

  D

  is the total amount of the costs attributed to the province for previous fiscal quarters, including any fiscal quarter that is before the day on which this subsection comes into force, that have not already been deducted from revenue transfers to that province and that have not been previously collected under section 40.1 of the Federal-Provincial Fiscal Arrangements Act or through voluntary payments by that province to Her Majesty in right of Canada.

• Marginal note:Exception

  (1.5) In the case of the costs referred to in paragraph (1)(b), the formula applies unless the Minister determines under subsection (1) that the costs are to be attributed otherwise.

• Marginal note:Amount equal to or less than zero

  (1.6) If, after deducting any refunds and the costs referred to in paragraphs (1)(a) and (b), the resulting amount with respect to a province is equal to or less than zero, the Minister is not required to distribute any portion of the revenue to that province.

• Marginal note:Reconciliation

  (1.7) Except for the final reconciliation, a reconciliation of the amounts used in calculations is to be made annually.

• Marginal note:Amount of payments

  (2) The amount to be paid to a province shall be paid out of the Consolidated Revenue Fund.

• Marginal note:Regulations

  (3) The Governor in Council may, on the recommendation of the Minister for International Trade, make regulations generally to carry out the purposes of this section.