Export Charges for Certain Dairy Products Regulations: SOR/2020-72

Canada Gazette, Part II, Volume 154, Number 9

Registration

SOR/2020-72 April 7, 2020

EXPORT AND IMPORT PERMITS ACT

P.C. 2020-226 April 3, 2020

Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to paragraph 12(c.01) ^{footnote a} of the Export and Import Permits Act ^{footnote b}, makes the annexed Export Charges for Certain Dairy Products Regulations.

Export Charges for Certain Dairy Products Regulations

Definitions

Definitions

1 The following definitions apply in these Regulations.

• Act means the Export and Import Permits Act. (Loi)
• dairy year means the 12-month period beginning on August 1 of each year and ending on July 31 of the following year. (année laitière)
• product includes a class of product. (produit)

Export Charges

Export permits — subsection 7(1) of Act

2 (1) The holder of a permit issued under subsection 7(1) of the Act who exports, under that permit, a product that is set out in column 1 of the schedule must pay an export charge in an amount determined in accordance with subsection (2) if the export access quantity for the product in respect of the current dairy year, determined under subsection 6.2(1.1) of the Act, is less than the total of the following:

• (a) the quantity, in kilograms, of the product to be exported under the permit,
• (b) the quantity, in kilograms, of the product previously authorized to be exported under all permits issued to residents of Canada under subsection 7(1) of the Act since the beginning of the dairy year, and
• (c) the quantity, in kilograms, of the product allocated for export in respect of the dairy year to residents of Canada under paragraph 6.2(2)(b) of the Act, including any quantity that has been allocated but not yet exported.

Export charge calculation

(2) The export charge is calculated

• (a) if the total of the quantities referred to in paragraphs (1)(b) and (c) is greater than the export access quantity referred to in subsection (1), by the formula
  • A × B
• where
  • A is the quantity referred to in paragraph (1)(a), and
  • B is the rate set out in the applicable item, in column 3, of the schedule; and
• (b) if the total of the quantities referred to in paragraphs (1)(b) and (c) is less than or equal to the export access quantity, by the formula
  • (A + B + C – D) × E
• where
  • A is the quantity referred to in paragraph (1)(a),
  • B is the quantity referred to in paragraph (1)(b),
  • C is the quantity referred to in paragraph (1)(c),
  • D is the export access quantity for that product in respect of that dairy year, determined under subsection 6.2(1.1) of the Act, and
  • E is the rate set out in the applicable item, in column 3, of the schedule.

Coming into Force

S.C. 2020, c. 1

3 These Regulations come into force on the day on which section 40 of the Canada–United States–Mexico Agreement Implementation Act comes into force, but if they are registered after that day, they come into force on the day on which they are registered.

SCHEDULE

(Section 2)

Export Charges

Item	Column 1 Product	Column 2 Harmonized Commodity Description and Coding System Subheading	Column 3 Export Charge Rate ($)
1	Skim milk powders Milk protein concentrate	0402.10 0404.90	0.54 per kilogram
2	Infant formulas containing more than 10% on a dry weight basis of cow’s milk solids	1901.10	4.25 per kilogram

Note: The subheadings of the Harmonized Commodity Description and Coding System (published by the World Customs Organization) that are set out in column 2 are provided for reference purposes only.

N.B. The Regulatory Impact Analysis Statement for these Regulations appears following SOR/2020-69, Order Amending the Import Control List.