Softwood Lumber Products Export Charge Act, 2006 (S.C. 2006, c. 13)
Assented to 2006-12-14
105. (1) For the purpose of applying section 14 to the month of October 2006, references to a month in subsections 14(1) and (2) are deemed to be references to the period beginning on October 12, 2006 and ending on October 31, 2006.
Marginal note:Monthly trigger volume for October 2006
(2) The monthly trigger volume applicable to a region for the month of October 2006 is the amount determined by the formula
A × (B/100) × 1.1 × (20/31)
- is the value of A determined under subsection 14(3) or (4), as applicable; and
- is the value of B determined under subsection 14(3) or (4), as applicable.
Marginal note:Value of C for November 2006
(3) For the purpose of calculating the value of C as determined under subsection 14(3) or (4) for the month of November 2006 in respect of a region,
(a) the reference to “exports from the region of softwood lumber products during the previous month” is deemed to be a reference to exports from the region of softwood lumber products during the period beginning on October 12, 2006 and ending on October 31, 2006; and
(b) the reference to “the trigger volume for the region for the previous month” is deemed to be a reference to the volume calculated under subsection (2).
Marginal note:Section 64
106. For the purposes of section 64, a return that is required to be filed before April 1, 2007 and that has not been filed before that day is deemed to be required to be filed on March 31, 2007.
Marginal note:Retroactive regulations
107. Despite section 101, every first regulation made under subsection 17(1) or (2) or 22(2) or section 100 may, if the regulation so provides, have effect earlier than the day on which it is made but no earlier than October 12, 2006.
Marginal note:Retroactive regulations — Export and Import Permits Act
108. Every first regulation made under section 3, 6 or 12 of the Export and Import Permits Act or under paragraph 6.3(3)(a) of that Act, as enacted by section 111 of this Act, and arising out of the implementation of the softwood lumber agreement, as defined in subsection 2(1) of that Act, may, if the regulation so provides, have effect earlier than the day on which it is made but no earlier than October 12, 2006.
R.S., c. E-19AMENDMENTS TO THE EXPORT AND IMPORT PERMITS ACT
109. Subsection 2(1) of the Export and Import Permits Act is amended by adding the following in alphabetical order:
« données »
“data” means representations, in any form, of information or concepts;
« autorisation d’exportation »
“export allocation” means an allocation issued under paragraph 6.3(3)(b);
« registre »
“record” means any material on which data are recorded or marked and which is capable of being read or understood by a person or a computer system or other device;
“softwood lumber agreement”
« accord sur le bois d’oeuvre »
“softwood lumber agreement” means the Softwood Lumber Agreement between the Government of Canada and the Government of the United States of America signed on September 12, 2006 and amended on October 12, 2006, and includes any rectifications made to it before its ratification by Canada;
Marginal note:1999, c. 31, s. 88
110. Section 3 of the Act is renumbered as subsection 3(1) and is amended by adding the following:
(2) The description of goods set out in the Export Control List may contain conditions that are based on approvals, classifications or determinations made by specified persons or specified government entities, including foreign government entities.
111. The Act is amended by adding the following after section 6.2:
SOFTWOOD LUMBER PRODUCTS EXPORT ACCESS
6.3 (1) The following definitions apply in this section and section 6.4.
« côte de la Colombie-Britannique »
“BC Coast” means the Coast forest region established by the Forest Regions and Districts Regulation of British Columbia, as it existed on July 1, 2006.
« intérieur de la Colombie-Britannique »
“BC Interior” means the Northern Interior forest region and the Southern Interior forest region established by the Forest Regions and Districts Regulation of British Columbia, as they existed on July 1, 2006.
« région »
“region” means Ontario, Quebec, Manitoba, Saskatchewan, Alberta, the BC Coast or the BC Interior.
Marginal note:Determination of quantities
(2) If any softwood lumber products have been included on the Export Control List for the purpose of implementing the softwood lumber agreement, the Minister may determine the quantity of those products that may be exported from a region during a month, or the basis for calculating such quantities, for the purposes of subsection (3) and section 8.4.
Marginal note:Allocation method
(3) If the Minister has determined a quantity of products under subsection (2), the Minister may
(a) by order, establish a method for allocating the quantity to persons registered under section 23 of the Softwood Lumber Products Export Charge Act, 2006 who apply for an allocation; and
(b) issue an export allocation for a month to any of those persons subject to the regulations and any terms and conditions that the Minister may specify in the export allocation.
Marginal note:Transfer of allocation
(4) The Minister may consent to the transfer of an export allocation from one registered person to another registered person.
Marginal note:Export from a region
6.4 An exported softwood lumber product is deemed to be exported from the region where the product underwent its first primary processing, as defined in section 2 of the Softwood Lumber Products Export Charge Act, 2006. 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 region, it is deemed to be exported from that region.
112. The Act is amended by adding the following after section 8.3:
Marginal note:Export permits for softwood lumber products
8.4 Despite subsection 7(1), if softwood lumber products have been included on the Export Control List for the purpose of implementing the softwood lumber agreement, the Minister shall issue a permit to export those products to any person registered under section 23 of the Softwood Lumber Products Export Charge Act, 2006 who applies for the permit, subject only to
(a) any export allocation issued to that person under paragraph 6.3(3)(b); and
(b) the person’s compliance with any regulations made under section 12.
Marginal note:Retroactive permits
8.5 An import permit or export permit issued under this Act may, if the permit so provides, have effect from a day earlier than the day on which it is issued.
Marginal note:1994, c. 47, s. 111
113. Subsection 10(1) of the Act is replaced by the following:
Marginal note:Alteration of permits, etc.
10. (1) Subject to subsection (3), the Minister may amend, suspend, cancel or reinstate any permit, import allocation, export allocation, certificate or other authorization issued or granted under this Act.
114. The Act is amended by adding the following after section 10:
10.1 The Minister may designate as an inspector any person who, in the Minister’s opinion, is qualified to be so designated.
10.2 (1) An inspector may, at all reasonable times, for any purpose related to the administration or enforcement of this Act, inspect, audit or examine the records of any person who has applied for a permit, an import allocation, an export allocation, a certificate or another authorization under this Act in order to determine whether that or any other person is in compliance with this Act.
Marginal note:Powers of inspector
(2) For the purposes of an inspection, audit or examination, an inspector may
(a) enter any place in which the inspector reasonably believes the person keeps records or carries on any activity to which this Act applies; and
(b) require any individual to be present during the inspection, audit or examination and require that individual to answer all proper questions and to give to the inspector all reasonable assistance.
Marginal note:Prior authorization
(3) If any place referred to in paragraph (2)(a) is a dwelling-house, an inspector may not enter that dwelling-house without the consent of the occupant, except under the authority of a warrant issued under subsection (4).
Marginal note:Warrant to enter dwelling-house
(4) A judge may issue a warrant authorizing an inspector to enter a dwelling-house subject to the conditions specified in the warrant if, on ex parte application by the inspector, a judge is satisfied by information on oath that
(a) there are reasonable grounds to believe that the dwelling-house is a place referred to in paragraph (2)(a);
(b) entry into the dwelling-house is necessary for any purpose related to the administration or enforcement of this Act; and
(c) entry into the dwelling-house has been, or there are reasonable grounds to believe that entry will be, refused.
Marginal note:Orders if entry not authorized
(5) If the judge is not satisfied that entry into the dwelling-house is necessary for any purpose related to the administration or enforcement of this Act, the judge may, to the extent that access was or may be expected to be refused and that a record is or may be expected to be kept in the dwelling-house,
(a) order the occupant of the dwelling-house to provide the inspector with reasonable access to any record that is or should be kept in the dwelling-house; and
(b) make any other order that is appropriate in the circumstances to carry out the purposes of this Act.
Marginal note:Copies of records
(6) When an inspector inspects, audits, examines or is provided a record under this section, the inspector may make, or cause to be made, one or more copies of the record.
Marginal note:Keeping records
10.3 (1) Every person who applies for a permit, import allocation, export allocation, certificate or other authorization under this Act shall keep all records that are necessary to determine whether they have complied with this Act.
Marginal note:Minister may specify information
(2) The Minister may specify in writing the form that a record is to take and any information that the record must contain.
Marginal note:Language and location of record
(3) Unless otherwise authorized by the Minister, a record shall be kept in Canada in English or French.
Marginal note:Electronic records
(4) Every person required under this Act to keep a record who does so electronically shall ensure that all equipment and software necessary to make the record intelligible are available during the retention period required for the record.
Marginal note:Inadequate records
(5) If a person fails to keep adequate records for the purposes of this Act, the Minister may, in writing, require the person to keep any records that the Minister may specify, and the person shall keep the records specified by the Minister.
Marginal note:General period for retention
(6) Every person who is required to keep records shall retain them until the expiry of six years after the end of the year to which they relate or for any other period that may be prescribed by regulation.
Marginal note:Demand by Minister
(7) If the Minister is of the opinion that it is necessary for the administration or enforcement of this Act, the Minister may, by a demand served personally or sent by mail, require any person required under this Act to keep records to retain those records for any period that is specified in the demand, and the person shall comply with the demand.
Marginal note:Permission for earlier disposal
(8) A person who is required under this Act to keep records may dispose of them before the expiry of the period during which they are required to be kept if written permission for their disposal is given by the Minister.
- Date modified: