Allocation Method Order (2009) – Softwood Lumber Products

Allocation Method Order (2009) – Softwood Lumber Products The Minister of Foreign Affairs, pursuant to paragraph 6.3(3)(a)a of the Export and Import Permits Act, hereby makes the annexed Allocation Method Order (2009) – Softwood Lumber Products. S.C. 2006, c. 13, s. 111 Ottawa, December 22, 2008 Definitions The following definitions apply in this Order. Act means the Export and Import Permits Act. (Loi) current softwood lumber products means the products referred to in item 5104, Group 5, of the schedule to the Export Control List. (produits de bois d’oeuvre courants) exported has the meaning set out in section 6.4 of the Act. (exporté) former softwood lumber products means, in the case of Quebec, the products referred to in item 5105, Group 5, of the schedule to the Export Control List as it existed during the period beginning on November 1, 2005 and ending on October 11, 2006. (anciens produits de bois d’oeuvre) Manitoba quantity means the quantity of current softwood lumber products that may be exported from Manitoba to the United States during a month under subsection 6.3(2) of the Act. (quantité pour le Manitoba) Ontario quantity means the quantity of current softwood lumber products that may be exported from Ontario to the United States during a month under subsection 6.3(2) of the Act. (quantité pour l’Ontario) primary producer means a person who produces current softwood lumber products from softwood sawlogs and, in the case of Quebec, includes a person who produced former or Quebec softwood lumber products from softwood sawlogs. (entreprise de première transformation) primary producer’s products means the current softwood lumber products that the primary producer produced at any time, that were not remanufactured in Canada and, in the case of Quebec, includes former softwood lumber products. (produits d’une entreprise de première transformation) Quebec quantity means the quantity of current softwood lumber products that may be exported from Quebec to the United States during a month under subsection 6.3(2) of the Act. (quantité pour le Québec) Quebec 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. (produits de bois d’oeuvre du Québec) reference period means in the case of Ontario, the period beginning on November 1, 2007 and ending on October 31, 2008, in the case of Quebec, the period beginning on November 1, 2005 and ending on October 31, 2008, in the case of Manitoba, the period beginning on November 1, 2007 and ending on October 31, 2008, and in the case of Saskatchewan, the period beginning on November 1, 2007 and ending on October 31, 2008. (période de référence) remanufacturer means a person who remanufactures — within the meaning of subsection 13(1) of the Softwood Lumber Products Export Charge Act, 2006 — current softwood lumber products and, in the case of Quebec, includes a person who remanufactured former softwood lumber products. (entreprise de seconde transformation) remanufacturer’s products means the current softwood lumber products that the remanufacturer remanufactured at any time, that were not further remanufactured in Canada and, in the case of Quebec, includes former softwood lumber products. (produits d’une entreprise de seconde transformation) Saskatchewan quantity means the quantity of current softwood lumber products that may be exported from Saskatchewan to the United States during a month under subsection 6.3(2) of the Act. (quantité pour la Saskatchewan) Transfer of export allocation If a primary producer or remanufacturer transfers, with the consent of the Minister under subsection 6.3(4) of the Act, a portion of its export allocation for a month, together with the corresponding volume of its products, that volume 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. Application This Order establishes the method for allocating the monthly quantity of current softwood lumber products that may be exported from Ontario, Quebec, Manitoba and Saskatchewan in 2009 for the purposes of paragraph 6.3(3)(a) of the Act. Percentage Share For the purposes of this Part, an Ontario primary producer’s or remanufacturer’s percentage share is the greater of the percentage calculated in accordance with the formula is 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; and is the total volume of the primary producers’ and remanufacturers’ products that were exported from Ontario to the United States under export permits during the reference period; and is the primary producer’s or remanufacturer’s percentage share for 2008. Export allocation — percentage share determined under paragraph 3(a) If the percentage share of a primary producer or remanufacturer who applies for an export allocation is greater when calculated under paragraph 3(a) than under paragraph 3(b), the allocation of the Ontario quantity to the primary producer or remanufacturer is calculated in accordance with the formula is the Ontario quantity; is the primary producer’s or remanufacturer’s percentage share determined under paragraph 3(a); is the total of all primary producers’ and remanufacturers’ percentage shares determined under paragraph 3(a); and is the total of all primary producers’ and remanufacturers’ percentage shares as determined under paragraph 3(b). export allocation — percentage share determined under paragraph 3(b) If the percentage share of a primary producer or remanufacturer who applies for an export allocation is greater when calculated under paragraph 3(b) than under paragraph 3(a), the allocation of the Ontario quantity to the primary producer or remanufacturer is calculated in accordance with the formula is the Ontario quantity; and is the primary producer’s or remanufacturer’s percentage share determined under paragraph 3(b). Primary producers with an export history If 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 using 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 history If 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, 2005 and ending on December 31, 2007 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). Remanufacturers If 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 using the formula set out in section 11 (which is based on its historic export volume). Allocation to primary producers — historic export volume The allocation of the Quebec quantity to a primary producer that is based on its historic export volume is calculated in accordance with the formula is the volume of the primary producer’s products that were exported from Quebec to the United States under export permits during the reference period; is the total volume of the primary producers’ products that were exported from Quebec to the United States under export permits during the reference period; is the Quebec quantity; is the total volume of the primary producers’ and remanufacturers’ products that were exported from Quebec to the United States under export permits during the reference period; and is the residual non-allocated quantity of the reserve pool calculated under section 10. Allocation to primary producers — historic production volume The allocation of the Quebec quantity to a primary producer that is based on its historic production volume is calculated in accordance with the formula is the reserve pool calculated under section 9; is the volume of Quebec softwood lumber products that the primary producer produced during the period beginning on January 1, 2005 and ending on December 31, 2007; and is 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 allocation The 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, 2005 and ending on December 31, 2007. Records of production volumes The 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 pool The reserve pool is calculated in accordance with the formula is the total volume of the primary producers’ products that were exported from Quebec to the United States under export permits during the reference period; and is the total volume of the primary producers’ and remanufacturers’ products that were exported from Quebec to the United States under export permits during the reference period. Residual non-allocated quantity The residual non-allocated quantity of the reserve pool is calculated in accordance with the formula is the reserve pool; and is the total volume of current softwood lumber products allocated to primary producers calculated under section 8. Allocation to remanufacturers The allocation of the Quebec quantity to a remanufacturer that is based on its historic export volume is calculated in accordance with the formula is the volume of the remanufacturer’s products that were exported from Quebec to the United States under export permits during the reference period; and For the purposes of this Part, a Manitoba primary producer’s or remanufacturer’s percentage share is the greater of is 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; and is the total volume of the primary producers’ and remanufacturers’ products that were exported from Manitoba to the United States under export permits during the reference period; and is the allocation share of the primary producer or remanufacturer for the 2008 allocation year. export-allocation percentage share determined under paragraph 12(a) If the percentage share of a primary producer or remanufacturer who applies for an export allocation is greater when calculated under paragraph 12(a) than under paragraph 12 (b), the allocation of the Manitoba quantity to the primary producer or remanufacturer is calculated in accordance with the formula is the Manitoba quantity; is the primary producer’s or remanufacturer’s percentage share determined under paragraph 12(a); is the total of all primary producers’ and remanufacturers’ percentage shares determined under paragraph 12(a); and is the total of all primary producers’ and remanufacturers’ percentage shares determined under paragraph 12(b). export allocation — percentage share determined under paragraph 12(b) If the percentage share of a primary producer or remanufacturer who applies for an export allocation is greater when calculated under paragraph 12(b) than under paragraph 12(a), the allocation of the Manitoba quantity to the primary producer or remanufacturer is calculated in accordance with the formula is the Manitoba quantity; and is the primary producer’s or remanufacturer’s percentage share determined under paragraph 12(b). Allocation The allocation of the Saskatchewan quantity to a primary producer or remanufacturer who applies for an export allocation is calculated in accordance with the formula is the Saskatchewan quantity; is 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; and is the total quantity of current softwood lumber products that could have been exported from Saskatchewan to the United States during the reference period. Allocation of Residual Quantity The allocation of the residual quantity is based on the order of receipt of applications for the export allocation, with each applicant receiving the volume applied for until the Saskatchewan quantity is fully allocated. Registration This Order comes into force on the day on which it is registered.