Softwood Lumber Products Export Charge Act, 2006 — S-12.55 Surge mechanism
Surge mechanism * 14 (1) The amount of the charge applicable to an export of a softwood lumber product from a region during a month is increased by 50% if (a) the export is one that does not require an export allocation under paragraph 6.3(3)(b) of the Export and Import Permits Act ; and (b) the exports of softwood lumber from the region during that month exceed the monthly trigger volume applicable to that region. Surge mechanism if certain provisions apply (1.1) If the rate of charge provided for by section 12.1 or 12.2 applies in respect of an export, the increase under subsection (1) in respect of that export is to be calculated as if the rate had not applied and the rate provided for by subsection 12(3) or (4) had applied. Exports in excess of trigger volume (2) Exports from a region for a month are considered to have exceeded the monthly trigger volume if the volume of exports from that region for that month exceed 101% of the monthly trigger volume for that region for that month. Trigger volume (3) The monthly trigger volume applicable to a region, other than the BC Coast as defined in subsection 6.3(1) of the Export and Import Permits Act , is the amount determined by the formula [A × (B/100) × 1.1] - C where A is the expected monthly American consumption of softwood lumber products, as calculated in accordance with the prescribed formula; B is (a) in respect of Ontario, 3.15, (b) in respect of Quebec, 4.39, (c) in respect of Manitoba, 0.29, (d) in respect of Saskatchewan, 0.42, (e) in respect of Alberta, 2.49, and (f) in respect of the BC Interior, as defined in subsection 6.3(1) of the Export and Import Permits Act , 17.43; and C is the amount by which the exports from the region of softwood lumber products during the previous month exceeded the trigger volume for the region for the previous month, if those exports exceeded the trigger volume for the previous month by 1% or less of that trigger volume. Trigger volume — BC Coast (4) The monthly trigger volume applicable to the BC Coast as defined in subsection 6.3(1) of the Export and Import Permits Act is the amount determined by the formula (A × 0.0186 × 1.1 × B) - C where A is the expected monthly American consumption of softwood lumber products, as calculated in accordance with the prescribed formula; B is (a) in respect of January, the quotient obtained by dividing 0.7212 by 0.9288, (b) in respect of February, the quotient obtained by dividing 0.9767 by 0.8944, (c) in respect of March, the quotient obtained by dividing 0.9025 by 1.0014, (d) in respect of April, the quotient obtained by dividing 1.3557 by 1.0707, (e) in respect of May, the quotient obtained by dividing 1.1461 by 1.0679, (f) in respect of June, the quotient obtained by dividing 1.1771 by 1.0405, (g) in respect of July, the quotient obtained by dividing 0.9213 by 1.0508, (h) in respect of August, the quotient obtained by dividing 1.0719 by 1.0501, (i) in respect of September, the quotient obtained by dividing 1.0584 by 0.9953, (j) in respect of October, the quotient obtained by dividing 0.9477 by 1.0636, (k) in respect of November, the quotient obtained by dividing 0.8466 by 0.9435, and (l) in respect of December, the quotient obtained by dividing 0.8746 by 0.8930; and C is the amount by which the exports from the region of softwood lumber products during the previous month exceeded the trigger volume for the region for the previous month, if those exports exceeded the trigger volume for the previous month by 1% or less of that trigger volume. * [Note: Section 14 of the Softwood Lumber Products Export Charge Act, 2006 ceases to be in force on October 12, 2015, see SOR/2016-155.] 2006, c. 13, s. 14; 2010, c. 12, s. 101; 2011, c. 24, s. 106