Allocation Method Order (2009) – Softwood Lumber Products (SOR/2009-10)

Regulations are current to 2013-04-29

Marginal note:Application

2. 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.

PART 1

ONTARIO

Marginal note:Percentage Share

3. For the purposes of this Part, an Ontario primary producer’s or remanufacturer’s percentage share is the greater of

  • (a) the percentage calculated in accordance with the formula

    (EO/TEO) × 100

    where

    EO 
    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
    TEO 
    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

  • (b) the percentage calculated in accordance with the formula

    AO × 0.9

    where

    AO 
    is the primary producer’s or remanufacturer’s percentage share for 2008.
Marginal note:Export allocation — percentage share determined under paragraph 3(a)

4. 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

OQ × [(OPa/TOPa) × (1 - TOPb)]

where

OQ 
is the Ontario quantity;
OPa 
is the primary producer’s or remanufacturer’s percentage share determined under paragraph 3(a);
TOPa 
is the total of all primary producers’ and remanufacturers’ percentage shares determined under paragraph 3(a); and
TOPb 
is the total of all primary producers’ and remanufacturers’ percentage shares as determined under paragraph 3(b).
Marginal note:export allocation — percentage share determined under paragraph 3(b)

5. 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

OQ × OPb

where

OQ 
is the Ontario quantity; and
OPb 
is the primary producer’s or remanufacturer’s percentage share determined under paragraph 3(b).

PART 2

QUEBEC

Marginal note:Primary producers with an export history

  • 6. (1) 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).

  • Marginal note:Primary producers without an export history

    (2) 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).

  • Marginal note:Remanufacturers

    (3) 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).