CONSOLIDATION

Exported Dairy Products Assistance Payments Order

SI/80-11

Current to June 20, 2022



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. 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

TABLE OF PROVISIONS Order Prescribing Terms and Conditions Respecting Payments to Exporters of Dairy Products 1

Short Title

Interpretation

Application for Export Assistance

Authorization

Terms and Conditions of Payment

Payment of Export Assistance

Current to June 20, 2022

ii

Registration SI/80-11 January 9, 1980

APPROPRIATION ACT NO. 3, 1978-79 APPROPRIATION ACTS

Exported Dairy Products Assistance Payments Order P.C. 1979-3564

December 20, 1979

His Excellency the Governor General in Council, on the recommendation of the Minister of Agriculture and the Treasury Board, pursuant to Canadian Dairy Commission Vote 50a of Appropriation Act No. 3, 1978-79, is pleased hereby to revoke the Exported Dairy Products Assistance Payments Order made by Order in Council P.C. 1979-741 of 15th March, 1979* and to make the annexed Order prescribing terms and conditions respecting payments to exporters of dairy products in substitution therefor.

*

SI/79-56, 1979 Canada Gazette Part II, p. 1130

Current to June 20, 2022

Order Prescribing Terms and Conditions Respecting Payments to Exporters of Dairy Products

Short Title 1 This Order may be cited as the Exported Dairy Products Assistance Payments Order.

Interpretation 2 In this Order,

Commission means the Canadian Dairy Commission; (Commission) export assistance means a payment, pursuant to this Order, out of the Canadian Dairy Commission Account to an exporter; (aide à l’exportation) exporter means a person who exports out of Canada a dairy product. (exportateur)

Application for Export Assistance 3 An exporter may apply for export assistance by forwarding an application to the Commission setting out the following information: (a) the common name of the dairy product that is to

be exported; (b) the common name of the dairy products contained

in the product that is to be exported; (c) the destination of the dairy product that is to be exported; (d) the quantity of dairy product that is to be exported; (e) the composition of the dairy product that is to be

exported; and (f) the latest date on which the dairy product will be

exported.

Current to June 20, 2022

Exported Dairy Products Assistance Payments Order Authorization Sections 4-5

Authorization 4 (1) On receipt of the application referred to in section

3, the Commission shall inform the applicant in writing of the amount of export assistance, if any, authorized pursuant to this Order to be paid to him. (2) Where export assistance has been authorized to be

paid to an applicant and that applicant has been formed pursuant to subsection (1) of the amount of assistance so authorized, the applicant shall inform Commission of his acceptance, or otherwise, of amount of the assistance.

inthe the the

Terms and Conditions of Payment 5 The Commission may authorize export assistance to an exporter (a) in respect of a dairy product that is butter or skim

milk powder, in an amount not exceeding the difference between (i) the Canadian support price for the butter or

skim milk powder payable by the Commission at the time the export assistance is authorized by the Commission, and (ii) the world market price for the butter or skim

milk powder at that time; (b) in respect of cheese, other than cheese referred to

in paragraphs (c) or (d), or any other dairy product other than butter or skim milk powder, in an amount not exceeding the difference between (i) the price for the cheese or other dairy product,

as the case may be, calculated on the basis of the market price for milk as determined by the Canadian support prices for butter and skim milk powder payable by the Commission at the time the export assistance is authorized by the Commission, and (ii) the world market price for the cheese or other

dairy product at that time; (c) in respect of aged cheddar cheese that is to be exported to a member state of the European Economic Community, in an amount not exceeding an amount that would reduce the price of aged cheddar cheese to

Current to June 20, 2022

Exported Dairy Products Assistance Payments Order Terms and Conditions of Payment Sections 5-7

a level below the free-at-frontier values as agreed between Canada and the European Economic Community under the European Economic Community Common Customs Tariff heading number 04.04E as that heading relates to aged cheddar cheese; and (d) in respect of cheese to be exported to the United

States, in an amount not exceeding the difference between (i) the aggregate of the F.O.B. price of the cheese manufactured in Canada, the freight costs in respect of that cheese to its destination in the United States and the United States’ customs duty charges in respect of the cheese, and (ii) the United States’ wholesale price of similar cheese produced in the United States.

Payment of Export Assistance 6 After the exportation of a dairy product in respect of

which export assistance has been authorized to be paid to an applicant referred to in section 4, the exporter of the product shall submit to the Commission the following information supported by documentation satisfactory to the Commission, namely: (a) the common name of the dairy product exported; (b) the quantity of dairy product exported; (c) the destination of the dairy product exported; (d) the port of export; (e) the date of export shipments; and (f) such further information as the Commission may require to show that the exportation of the dairy product was carried out in accordance with the conditions on which the authorization was based. 7 On receipt of the information referred to in section 6

from an exporter, the Commission shall pay to the exporter export assistance in the amount authorized pursuant to subsection 4(1).

Current to June 20, 2022

