GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Softwood Lumber Products Export Permit Fees Regulations — Softwood Lumber Products Export Permit Fees Regulations
upper fee base , in respect of any year, means a quantity of softwood lumber products exported by all exporters to the United States that exceeds 15.35 billion board feet and that is set out in Article II of the Agreement. ( régime de prix supérieur )
Softwood Lumber Products Export Permit Fees Regulations — Softwood Lumber Products Export Permit Fees Regulations
year means a twelve-month period beginning on April 1 and ending on the following March 31. ( année )
Softwood Lumber Products Export Permit Fees Regulations — 2
2 In these Regulations, where a fee is expressed in U.S. dollars, the fee shall be paid in equivalent Canadian dollars and the conversion to Canadian dollars shall be based on the official prevailing conversion rate of the Bank of Canada as published in the Bank of Canada’s Daily Memorandum of Exchange Rates .
Softwood Lumber Products Export Permit Fees Regulations — 3
3 The fee to be paid by an exporter for the issuance of a permit in respect of exports of softwood lumber products in the established fee base is (a) $9, where the permit is delivered by a person who is not employed in the public service of Canada but who is under contract with the Minister to deliver the permit; and (b) $14, where the permit is delivered by an official of the Export and Import Controls Bureau of the Department. SOR/97-152, s. 1
Softwood Lumber Products Export Permit Fees Regulations — 4
4 (1) In addition to the fee referred to in section 3, and subject to sections 5, 8 and 9, where in any quarter of a year the total exports of softwood lumber products by an exporter and a resident of Canada who has been issued a permit by the Minister in respect of a portion of the exporter’s export level exceed 28.75 per cent of the exporter’s export level for the established base or, where in any year the total exports by an exporter and a resident of Canada who has been issued a permit by the Minister in respect of a portion of the exporter’s export level exceed the exporter’s export level for the established base, the fee to be paid by the exporter for the granting of a permit is (a) US$50 per thousand board feet for exports in the lower fee base; or (b) US$100 per thousand board feet for exports in the upper fee base. (2) Despite subsection (1), with respect to softwood lumber products first manufactured in British Columbia and exported on or before March 31, 2000 the fee to be paid by the exporter for the granting of a permit is (a) for lower fee base export quantities of 90,000,000 board feet, at a rate equivalent to the upper fee base fee per 1,000 board feet; and (b) for upper fee base export quantities in excess of 110,000,000 board feet, U.S.$146.25 per 1,000 board feet. (3) Despite subsection (1), with respect to softwood lumber products first manufactured in British Columbia and exported during the year beginning on April 1, 2000, the fee to be paid by the exporter for the granting of a permit is (a) at a rate equivalent to the upper fee base fee per 1,000 board feet for the greater of (i) lower fee base export quantities of 90,000,000 board feet, or (ii) lower fee base export quantities that exceed 272,000,000 board feet; and (b) for upper fee base export quantities in excess of 110,000,000 board feet, the sum of the upper fee base rate and U.S.$40.39 per 1,000 board feet. SOR/96-481, s. 2; SOR/99-419, s. 1
Softwood Lumber Products Export Permit Fees Regulations — 5
5 An exporter is exempt from the fee referred to in section 4 (a) where the production of softwood lumber products by the exporter in the previous calendar year was less than 10 million board feet; or (b) where the production of softwood lumber products by the exporter has been reduced in the previous calendar quarter by at least 25 per cent by comparison to the same calendar quarter of the previous year due to a worker strike, or a mill fire or forest fire or any other force majeure , and the exporter informs the Government of Canada of the reduction and the Government of Canada provides notice and documentation of the reduction to the Government of the United States within 60 days after the disrupting event.
Softwood Lumber Products Export Permit Fees Regulations — 6
6 Subject to sections 8 and 9, the fee to be paid by an exporter for the granting of a permit in respect of exports of softwood lumber products in the lower fee base is US$50 per thousand board feet.
Softwood Lumber Products Export Permit Fees Regulations — 7
7 Subject to sections 8 and 9, the fee to be paid by an exporter for the granting of a permit in respect of exports of softwood lumber products in the upper fee base is US$100 per thousand board feet.
Softwood Lumber Products Export Permit Fees Regulations — 8
8 (1) The definitions in this subsection apply in this section. additional quantity means an additional quantity of 92 million board feet of softwood lumber products that may be exported to the United States during the four calendar quarters following the calendar quarter referred to in subsection (2). ( quantité additionnelle ) average price means the price in US dollars during a calendar quarter that is the simple average of the weekly price, as published in Random Lengths , for the weeks that end that calendar quarter. ( prix moyen ) second additional quantity means a quantity of 72.5 million board feet of softwood lumber products that, in addition to the additional quantity, may be exported to the United States up to and including March 31, 2001. ( deuxième quantité additionnelle ) (2) The fees referred to in sections 4, 6 and 7 are not payable in respect of an additional quantity if, for any calendar quarter, the average price per thousand board feet as published in Random Lengths for Spruce-Pine-Fir, Eastern, Kiln Dried, 2 x 4 random length, Standard & Better, Great Lakes delivered, equals or exceeds (a) US$405, in respect of any calendar quarter during the period beginning on April 1, 1996 and ending on March 31, 1998; and (b) US$410, in respect of any calendar quarter after the period referred to in paragraph (a). (3) The fees referred to in sections 4, 6 and 7 are not payable in respect of the second additional quantity. SOR/2000-414, s. 1
Softwood Lumber Products Export Permit Fees Regulations — Softwood Lumber Products Export Permit Fees Regulations
additional quantity means an additional quantity of 92 million board feet of softwood lumber products that may be exported to the United States during the four calendar quarters following the calendar quarter referred to in subsection (2). ( quantité additionnelle )
Softwood Lumber Products Export Permit Fees Regulations — Softwood Lumber Products Export Permit Fees Regulations
average price means the price in US dollars during a calendar quarter that is the simple average of the weekly price, as published in Random Lengths , for the weeks that end that calendar quarter. ( prix moyen )
Softwood Lumber Products Export Permit Fees Regulations — Softwood Lumber Products Export Permit Fees Regulations
second additional quantity means a quantity of 72.5 million board feet of softwood lumber products that, in addition to the additional quantity, may be exported to the United States up to and including March 31, 2001. ( deuxième quantité additionnelle )
Softwood Lumber Products Export Permit Fees Regulations — 8.1
8.1 In addition to the fee referred to in section 3 and subject to section 9, the fee to be paid by an exporter without benefit of an export level, for the granting of a permit, is US$100 per thousand board feet. SOR/96-481, s. 3; SOR/97-152, s. 2
Softwood Lumber Products Export Permit Fees Regulations — 9
9 The fees referred to in sections 4, 6, 7 and 8.1 shall be adjusted for inflation on April 1 of each year, beginning on April 1, 1997, based on the annual percentage change in the simple average, over the previous calendar year, of the annual value in (a) the Consumer Price Index, All Urban Consumers, less foods and fuels published by the U.S. Department of Labor, Bureau of Labor Statistics; and (b) the Consumer Prices and Price Indexes , published by Statistics Canada, catalogue no. 62-010-XPB. SOR/96-481, s. 4
Softwood Lumber Products Export Permit Fees Regulations — 10
10 The fees referred to in sections 3, 4, 6, 7 and 8.1 shall be paid at the time of issuance of the permit, by cheque payable to the Receiver General. SOR/96-481, s. 5
Softwood Lumber Products Export Permit Fees Regulations — 11
11 Subject to sections 14 to 16 and 18, remission is hereby granted of the fee paid by an exporter under section 4 for the granting of a permit where the total exports of softwood lumber products by exporters with benefit of export levels in a quarter of a year do not exceed 28.75 per cent of the established base, on condition that the total of the export quantities for which remission is made and the exports for which no fees were paid pursuant to section 4 does not exceed the total of 28.75 per cent of 14.7 billion board feet and an additional quantity as defined in subsection 8(1). SOR/96-481, s. 5; SOR/97-152, s. 3
Softwood Lumber Products Export Permit Fees Regulations — 12
12 Subject to sections 14, 15, 17 and 18, remission is hereby granted of one half of the fee paid by an exporter under section 4 or 8.1 for the granting of a permit where the total exports of softwood lumber products by all exporters in any quarter of a year do not exceed 28.75 per cent of the established base and the total exports of softwood lumber products by all exporters during that year do not exceed the established base, on condition that the total of the export quantities for which remission is made and the exports for which no fees were paid pursuant to sections 4 and 8.1 does not exceed the total of 14.7 billion board feet and an additional quantity as defined in subsection 8(1). SOR/96-481, s. 5; SOR/97-152, s. 3
Softwood Lumber Products Export Permit Fees Regulations — 13
13 Subject to sections 14, 15, 17 and 18, remission is hereby granted of one third of the fee paid by an exporter under section 4 or 8.1 for the granting of a permit where the total exports of softwood lumber products by all exporters in any quarter of a year exceed 28.75 per cent of the established base and the total exports of softwood lumber products by all exporters during that year do not exceed the established base, on condition that the total of the export quantities for which remission is made and the exports for which no fees were paid pursuant to sections 4 and 8.1 does not exceed the total of 14.7 billion board feet and an additional quantity as defined in subsection 8(1). SOR/96-481, s. 5; SOR/97-152, s. 3
Softwood Lumber Products Export Permit Fees Regulations — 14
14 The aggregate of the amounts remitted to an exporter under sections 11 to 13 shall not exceed 100 per cent of the fees paid by that exporter under section 4 or 8.1. SOR/96-481, s. 5; SOR/97-152, s. 3
Softwood Lumber Products Export Permit Fees Regulations — 15
15 An exporter’s export quantity for which fees are remitted shall be deducted from the exporter’s share of the established base until the exporter has used up its share of the established base. Thereafter, all additional export quantities shall be deducted from the exporter’s share of the lower fee base. SOR/97-152, s. 3
Softwood Lumber Products Export Permit Fees Regulations — 16
16 In circumstances described in section 11, remission is made, up to the maximum of the exporter’s share of the established base, in the following sequence: (a) to exporters who have exported softwood lumber products with benefit of an export level, in respect of paid upper fee base fees; and (b) to exporters who have exported softwood lumber products with benefit of an export level, in respect of paid lower fee base fees. SOR/97-152, s. 3
Softwood Lumber Products Export Permit Fees Regulations — 17
17 In circumstances described in sections 12 and 13, remission is made, up to the maximum of the exporter’s share of the established base, in the following sequence: (a) to exporters who have exported softwood lumber products with benefit of an export level, (i) in respect of paid upper fee base fees, and (ii) in respect of paid lower fee base fees; and (b) to exporters who have exported softwood lumber products without benefit of an export level, in respect of fees paid pursuant to section 8.1. SOR/97-152, s. 3
Softwood Lumber Products Export Permit Fees Regulations — 18
18 Where full remission under any of paragraphs 16(a) or (b) or 17(a) or (b) is not possible because the total of the export quantities for which remission is made and exports for which no fees were paid may not exceed the total of the established base and an additional quantity as defined in subsection 8(1), as provided in section 11, 12 or 13, remission is made in proportion to the export quantities for which full remission might otherwise have been made. SOR/97-152, s. 3
Former Members of Parliament Elections for Joint and Survivor Benefits Regulations —    *
His Excellency the Governor General in Council, on the recommendation of the President of the Treasury Board, pursuant to sections 23 * and 43 ** , subsection 56(2) *** and paragraphs 64(1)(m) to (o) **** of the Members of Parliament Retiring Allowances Act , is pleased hereby to make the annexed Regulations respecting elections made under sections 23 and 43 of the Members of Parliament Retiring Allowances Act , effective July 1, 1996. * S.C. 1995, c. 30, s. 5 ** S.C. 1995, c. 30, s. 14 *** S.C. 1995, c. 30, s. 18(1) **** S.C. 1995, c. 30, s. 25(6)
Former Members of Parliament Elections for Joint and Survivor Benefits Regulations — 1
1 These Regulations may be cited as the Former Members of Parliament Elections for Joint and Survivor Benefits Regulations .
Former Members of Parliament Elections for Joint and Survivor Benefits Regulations — 2
2 In these Regulations, Act means the Members of Parliament Retiring Allowances Act ; ( Loi ) election means an election made under section 23 or 43 of the Act; ( choix ) spouse means a spouse referred to in sections 23 and 43 of the Act. ( conjoint )
Former Members of Parliament Elections for Joint and Survivor Benefits Regulations — Former Members of Parliament Elections for Joint and Survivor Benefits Regulations
Act means the Members of Parliament Retiring Allowances Act ; ( Loi )
Former Members of Parliament Elections for Joint and Survivor Benefits Regulations — Former Members of Parliament Elections for Joint and Survivor Benefits Regulations
election means an election made under section 23 or 43 of the Act; ( choix )
Former Members of Parliament Elections for Joint and Survivor Benefits Regulations — Former Members of Parliament Elections for Joint and Survivor Benefits Regulations
spouse means a spouse referred to in sections 23 and 43 of the Act. ( conjoint )
Former Members of Parliament Elections for Joint and Survivor Benefits Regulations — 3
3 A former member may elect under section 23 or 43 of the Act to receive a joint and survivor benefit, not later than one year after the latest of (a) the day on which these Regulations come into force, (b) the day on which the former member and the spouse are married, and (c) the day on which any allowance under Part II of the Act becomes payable to the former member.
Former Members of Parliament Elections for Joint and Survivor Benefits Regulations — 4
4 (1) Notwithstanding section 3, where a former member has not made an election within the period described in that section, the former member may make an election after the expiration of that period if the former member has received in writing, from a person employed in the Public Service, within the meaning of subsection 3(1) of the Public Service Superannuation Act , whose ordinary duties included the giving of advice respecting the election, (a) erroneous or misleading information regarding the period during which the former member could make an election; or (b) materially erroneous or misleading information regarding the amount of the former member’s joint and survivor benefit or the amount of the joint and survivor benefit to which the spouse would be entitled. (2) Where it is established that a former member has received erroneous or misleading information as described in paragraph (1)(a) or (b), the Minister shall send the former member a written notice containing the correct information. (3) An election may be made under subsection (1) not later than three months after the day on which the notice referred to in subsection (2) is sent. SOR/2002-304, s. 1(F)
Former Members of Parliament Elections for Joint and Survivor Benefits Regulations — 5
5 A former member, or a person acting on their behalf, shall, within one year after the day on which an election is made, send the Minister or a person designated by the Minister (a) a document that is evidence of the spouse’s date of birth; (b) a document that is evidence of the marriage of the former member and the spouse; and (c) if the name of the spouse as indicated on a document referred to in paragraph (a) is not the same as the name of the spouse as indicated on a document referred to in paragraph (b), any other document that confirms that the evidence of the date of birth and of the marriage relates to the spouse, or a statutory declaration by which the spouse declares that the documents are in respect of the spouse. SOR/2002-304, s. 2(F)
Former Members of Parliament Elections for Joint and Survivor Benefits Regulations — 6
6 (1) Subject to subsections (2) and (3), proof of age of a spouse is established by a birth certificate issued by a civil authority. (2) Where a birth certificate cannot be obtained, proof of age of a spouse is established by (a) a statutory declaration of the spouse in which the spouse attests to their date of birth and explains the reasons why the birth certificate cannot be obtained; and (b) a document that was created (i) within five years after the spouse’s date of birth, that states the name of the spouse and their date of birth or age, or (ii) at least 20 years before the day on which the election is made, that states the spouse’s date of birth, accompanied by a statutory declaration by which a person other than the former member or the spouse attests that the date stated in the document is the correct date of birth of the spouse. (3) Where a document or statutory declaration referred to in paragraph (2)(b) is required to be submitted but cannot be obtained, the statutory declaration referred to in paragraph (2)(a) shall set out the reasons why it cannot be obtained.
Former Members of Parliament Elections for Joint and Survivor Benefits Regulations — 7
7 (1) Subject to subsection (2), proof of the marriage between the former member and the spouse is established by a marriage certificate issued by a civil authority. (2) Where a marriage certificate cannot be obtained, proof of the marriage between the former member and the spouse is established by (a) a statutory declaration by which the former member or the spouse attests to the date of the marriage and explains the reasons why the marriage certificate cannot be obtained; and (b) a document that is similar to a marriage certificate and that is issued in relation to the marriage ceremony, or a statutory declaration by a person who attended the marriage ceremony, other than the former member or the spouse, attesting to the person’s knowledge of the marriage.
Former Members of Parliament Elections for Joint and Survivor Benefits Regulations — 8
8 An election is considered not to have been made if any document or statutory declaration that is required by any of sections 5 to 7 is not submitted within one year after the day on which the election is made.
Former Members of Parliament Elections for Joint and Survivor Benefits Regulations — 10
10 (1) Where a former member has made an election and becomes entitled to and receives retiring or compensation allowances or supplementary benefits, as the case may be, by reason of being disabled, the amount of the former member’s joint and survivor benefit determined in accordance with section 9 shall be adjusted to take into account the new period during which the joint and survivor benefit or supplementary benefits are to be paid. (2) Where a former member in receipt of retiring or compensation allowances or supplementary benefits, as the case may be, by reason of being disabled ceases to be entitled to the retiring or compensation allowances or supplementary benefits, the amount of the former member’s joint and survivor benefit determined in accordance with section 9 shall be adjusted to take into account the new period during which the joint and survivor benefit or supplementary benefits, as the case may be, are to be paid.
Former Members of Parliament Elections for Joint and Survivor Benefits Regulations — 11
11 (1) For the purposes of sections 9 and 10, the following are the only demographic assumptions on which the actuarial values are to be based: (a) the rates of mortality are those set out in the valuation report laid before Parliament in accordance with sections 65 and 66 of the Act, taking into account the mortality projection factors set out in the report; and (b) the rates of divorce are those established by the Superintendent of Financial Institutions in accordance with statistics on divorce published by Statistics Canada. (2) For the purposes of subsection (1), the valuation report is the most recent valuation report laid before Parliament or, where the most recent valuation report was laid less than two months before the day on which the former member made an election, the previously laid report.
Former Members of Parliament Elections for Joint and Survivor Benefits Regulations — 12
12 For the purposes of the determinations referred to in sections 9 and 10, the rates of interest set out in the Recommendations for the Computation of Transfer Values from Registered Pension Plans , published by the Canadian Institute of Actuaries, effective September 1, 1993, shall be the rates of interest in respect of (a) subject to paragraph (b), fully indexed pensions; and (b) unindexed pensions for the period in respect of which no supplementary benefits would be payable under Part IV of the Act, in the case of a former member who has not yet reached 60 years of age.
Former Members of Parliament Elections for Joint and Survivor Benefits Regulations — 13
13 An election is revoked and ceases to have effect on the earliest of (a) the day on which the spouse dies, (b) the day on which the annulment of the marriage of the former member and the spouse takes effect, and (c) the day on which the divorce between the former member and the spouse takes effect.
Former Members of Parliament Elections for Joint and Survivor Benefits Regulations — 14
14 (1) A former member may revoke an election where (a) the former member received in writing, from a person employed in the Public Service, within the meaning of subsection 3(1) of the Public Service Superannuation Act , whose ordinary duties included the giving of advice respecting the election, materially erroneous or misleading information regarding the amount of the former member’s joint and survivor benefit or the amount of the joint and survivor benefit to which the spouse would be entitled; or (b) the amount of the joint and survivor benefit payable to the former member is adjusted in accordance with the Pension Benefits Division Act after the day on which the election was made. (2) Where it is established that a former member has received erroneous or misleading information as described in paragraph (1)(a), the Minister shall send the former member a written notice containing the correct information. (3) The revocation of the election under subsection (1) shall be in writing and shall be sent to the Minister (a) within three months after the day on which the notice referred to in subsection (2) is sent to the former member; or (b) within three months after the day on which the amount of the joint and survivor benefit is adjusted in accordance with the Pension Benefits Division Act . (4) The revocation of the election under subsection (1) is effective on the day on which it is sent in accordance with subsection (3). SOR/2002-304, s. 3