CONSOLIDATION

Export Charges for Certain Dairy Products Regulations

SOR/2020-72

Current to June 20, 2022 Last amended on July 1, 2020



OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence

31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations

(3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency.

LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only.

NOTE This consolidation is current to June 20, 2022. The last amendments came into force on July 1, 2020. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”.

Current to June 20, 2022 Last amended on July 1, 2020

TABLE OF PROVISIONS Export Charges for Certain Dairy Products Regulations

Definitions 1

Definitions

Export Charges 2

Export permits — subsection 7(1) of Act

Coming into Force *3

S.C. 2020, c. 1.

SCHEDULE

Current to June 20, 2022 Last amended on July 1, 2020

ii

Registration SOR/2020-72 April 7, 2020

EXPORT AND IMPORT PERMITS ACT

Export Charges Regulations P.C. 2020-226

for

Certain

Dairy

Products

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)a of the Export and Import Permits Actb, makes the annexed Export Charges for Certain Dairy Products Regulations.

a

S.C. 2020, c. 1, s. 46

b

R.S., c. E-19

Current to June 20, 2022 Last amended on July 1, 2020

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

Current to June 20, 2022 Last amended on July 1, 2020

Export Charges for Certain Dairy Products Regulations Export Charges Sections 2-3

(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 AxB

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) x 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. *

[Note: Regulations in force July 1, 2020, see SI/2020-33, as amended by SI/2020-46.]

*

Current to June 20, 2022 Last amended on July 1, 2020

Export Charges for Certain Dairy Products Regulations SCHEDULE

SCHEDULE (Section 2)

Export Charges Column 1

Column 2

Item

Product

Harmonized Co Coding System

Skim milk powders

0402.10

Milk protein concentrate

0404.90

Infant formulas containing more than 10% on a dry weight basis of cow’s milk solids

1901.10

Droits à l’exportation Colonne 1

Colonne 2

Article

Produit

Sous-position d désignation et marchandises

Lait écrémé en poudre

0402.10

Concentrés de protéines de lait

0404.90

Préparations pour nourrissons contenant 1901.10 plus de 10 % de solides de lait de vache en poids sec

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.

Current to June 20, 2022 Last amended on July 1, 2020

