Softwood Lumber Products Export Charge Act, 2006

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• 1Short title

  This Act may be cited as the Softwood Lumber Products Export Charge Act, 2006.

• 2Definitions

  The following definitions apply in this Act.

• 2[p2]

  Agency means the Canada Revenue Agency continued by subsection 4(1) of the Canada Revenue Agency Act. (Agence)

• 2[p3]

  assessment means an assessment or a reassessment under this Act. (cotisation)

• 2[p4]

  bank means a bank as defined in section 2 of the Bank Act or an authorized foreign bank, as defined in that section, that is not subject to the restrictions and requirements referred to in subsection 524(2) of that Act. (banque)

• 2[p5]

  board foot means a unit of measurement of lumber equal to 12 inches × 12 inches × 1 inch, and one thousand board feet is equal to 2.35974 cubic metres or 92.90227 square metres of lumber. (pied-planche)

• 2[p6]

  calendar quarter means a period of three months beginning on the first day of January, April, July or October. (trimestre)

• 2[p7]

  Commissioner means the Commissioner of Revenue appointed under section 25 of the Canada Revenue Agency Act. (commissaire)

• 2[p8]

  data means representations, in any form, of information or concepts. (données)

• 2[p9]

  judge, in respect of any matter, means a judge of a superior court having jurisdiction in the province in which the matter arises or a judge of the Federal Court. (juge)

• 2[p10]

  Minister means the Minister of National Revenue. (ministre)

• 2[p11]

  person means an individual, partnership, corporation, or a body that is a union or association. (personne)

• 2[p12]

  prescribed means

• 2[p12](a)

  in the case of a form or the manner of filing a form, authorized by the Minister;

• 2[p12](b)

  in the case of the information to be given on or with a form, specified by the Minister; and

• 2[p12](c)

  in any other case, prescribed by regulation or determined in accordance with rules prescribed by regulation. (Version anglaise seulement)

• 2[p16]

  primary processing means the production of softwood lumber products from softwood sawlogs. (première transformation)

• 2[p17]

  record means any material on which data are recorded or marked and that is capable of being read or understood by a person or a computer system or other device. (registre)

• 2[p18]

  region has the same meaning as in subsection 6.3(1) of the Export and Import Permits Act. (région)

• 2[p19]

  reporting period means the month in respect of which a person is required to file a return under section 26. (période de déclaration)

• 2[p20]

  softwood lumber product means, other than in section 18, a product referred to in section 8.4 of the Export and Import Permits Act. (produit de bois d’oeuvre)

• 2[p21]

  United States means the customs territory of the United States and the foreign trade zones located in the United States. (États-Unis)

• 3Conversion

  If a conversion of board feet to cubic metres or to square metres is required for the purposes of this Act, the conversion is to be made on a nominal measurement basis and shall not be rounded up to the nearest cubic metre or square metre.

• 4Interest to be paid
• 4(1)

  For the purposes of every provision of this Act that requires interest to be paid at a specified rate, the specified rate in effect during any particular calendar quarter is the total of

• 4(1)(a)

  the rate that is the simple arithmetic mean, expressed as a percentage per year and rounded to the next higher whole percentage where the mean is not a whole percentage, of all amounts each of which is the average equivalent yield, expressed as a percentage per year, of Government of Canada Treasury Bills that mature approximately three months after their date of issue and that are sold at auctions of Government of Canada Treasury Bills during the first month of the calendar quarter preceding the particular calendar quarter, and

• 4(1)(b)

  4 %.

• 4(2)Interest to be paid by the Minister

  For the purposes of every provision of this Act that requires interest at a specified rate to be paid on an amount payable by the Minister to a person or applied by the Minister against an amount owed by a person, the specified rate in effect during any particular calendar quarter is the total of

• 4(2)(a)

  the rate determined under paragraph (1)(a) in respect of the particular calendar quarter, and

• 4(2)(b)

  if the person is a corporation, 0 %, and in any other case, 2 %.

• 5Time of export
• 5(1)

  For the purposes of this Act, the time at which an exported softwood lumber product is considered to be exported is the time at which the product was last loaded aboard a conveyance for export.

• 5(2)Export by rail

  However, if the softwood lumber product is exported by rail, the time at which it is considered to be exported is the time at which the railcar that contains it was released to the railway for assembly to form part of a train for export.

• 5(3)Clarification

  For greater certainty, if a softwood lumber product is transshipped through a Canadian reload or other inventory location, the time at which it is considered to be exported is the time at which the product last leaves a reload or other inventory location for export.

• 6Arm’s length
• 6(1)

  For the purposes of this Act,

• 6(1)(a)

  related persons are deemed not to deal with each other at arm’s length; and

• 6(1)(b)

  it is a question of fact whether persons not related to each other were, at any particular time, dealing with each other at arm’s length.

• 6(2)Related persons

  For the purposes of this Act, persons are related to each other if they are related persons within the meaning of subsections 251(2) to (6) of the Income Tax Act, except that

• 6(2)(a)

  a reference in those subsections to “corporation” shall be read as a reference to “corporation or partnership”; and

• 6(2)(b)

  a reference in those subsections to “shares” or “shareholders” shall, in respect of a partnership, be read as a reference to “rights” or “partners”, respectively.

• 7Person resident in Canada

  For the purposes of this Act, a person is deemed to be resident in Canada at any time

• 7(a)

  in the case of a corporation, if the corporation is incorporated or continued in Canada and not continued elsewhere;

• 7(b)

  in the case of a partnership or an association, or a branch of one of them, if the member, or a majority of the members, having management and control of it is or are resident in Canada at that time;

• 7(c)

  in the case of a union, if it is carrying on activities as such in Canada and has a local union or branch in Canada at that time; and

• 7(d)

  in the case of an individual, if the individual is deemed under any of paragraphs 250(1)(b) to (f) of the Income Tax Act to be resident in Canada at that time.

• 8Binding on Her Majesty

  This Act is binding on Her Majesty in right of Canada or a province.

• 9Exceptions
• 9(1)

  This Act does not apply to a softwood lumber product that is exported to a country other than the United States but that passes in transit through the United States.

• 9(2)For greater certainty

  For greater certainty, this Act applies in respect of a softwood lumber product that is exported to the United States but that passes in transit through a country other than the United States.

• *10Charge imposed
• *10(1)

  Subject to the exclusions provided for in subsection 11(1), every person who exports a softwood lumber product to the United States after October 11, 2006, shall pay to Her Majesty in right of Canada a charge as determined under this Act in respect of the export.

• *10(2)When charge payable

  The charge becomes payable at the time that the softwood lumber product is exported. [Note: Section 10 of the Softwood Lumber Products Export Charge Act, 2006 ceases to be in force on October 12, 2015, see SOR/2016-155.]

• *11Exclusions
• *11(1)

  The following exports of softwood lumber products are excluded from the charge referred to in section 10:

• *11(1)(a)

  exports from Nova Scotia, New Brunswick, Prince Edward Island or Newfoundland and Labrador;

• *11(1)(b)

  exports from Yukon, the Northwest Territories or Nunavut; and

• *11(1)(c)

  exports by a person referred to in section 16.

• *11(2)Deemed export from Atlantic provinces

  An exported softwood lumber product is deemed to be exported from Nova Scotia, New Brunswick, Prince Edward Island or Newfoundland and Labrador if the product underwent its first primary processing in one of those provinces from softwood sawlogs originating in one of those provinces or in the State of Maine.

• *11(3)Deemed export from territories

  An exported softwood lumber product is deemed to be exported from Yukon, the Northwest Territories or Nunavut if the product underwent its first primary processing in one of those territories from softwood sawlogs originating in one of those territories. [Note: Section 11 of the Softwood Lumber Products Export Charge Act, 2006 ceases to be in force on October 12, 2015, see SOR/2016-155.]

• *12Export from a region
• *12(1)

  If a softwood lumber product is exported from a region in a particular month, the amount of the charge in respect of that export is the amount calculated by applying the rate applicable for the month under this Act to the export price of the product as determined in accordance with section 13.

• *12(2)Deemed export from a region

  An exported softwood lumber product is deemed to be exported from the region where the product underwent its first primary processing. If, however, the exported product underwent its first primary processing in Nova Scotia, New Brunswick, Prince Edward Island, Newfoundland and Labrador, Yukon, the Northwest Territories or Nunavut from softwood sawlogs originating in a particular region, it is deemed to be exported from that region.

• *12(3)Applicable rate — export allocation

  In the case of an export for which an export allocation issued under paragraph 6.3(3)(b) of the Export and Import Permits Act is required, the applicable rate of charge for the particular month is

• *12(3)(a)

  0% if the reference price for the month is more than US$355;

• *12(3)(b)

  2.5% if the reference price for the month is at least US$336 but not more than US$355;

• *12(3)(c)

  3% if the reference price for the month is at least US$316 but not more than US$335; or

• *12(3)(d)

  5% if the reference price for the month is not more than US$315.

• *12(4)Applicable rate — other cases

  In the case of an export for which an export allocation referred to in subsection (3) is not required, the applicable rate of charge for the particular month is

• *12(4)(a)

  0% if the reference price for the month is more than US$355;

• *12(4)(b)

  5% if the reference price for the month is at least US$336 but not more than US$355;

• *12(4)(c)

  10% if the reference price for the month is at least US$316 but not more than US$335; or

• *12(4)(d)

  15% if the reference price for the month is not more than US$315.

• *12(5)Reference price

  The reference price for a particular month is the most recent four-week average of the weekly Framing Lumber Composite Price, published by Random Lengths Publications Incorporated, that is available at least 21 days before the start of the particular month.

• *12(6)Reference price by regulation

  If Random Lengths Publications Incorporated changes, at any time after April 27, 2006, the weights it uses to calculate the Framing Lumber Composite Price or ceases to publish the Framing Lumber Composite Price or any of its constituent prices, the reference price for a particular month is to be calculated according to a prescribed formula.

• *12(7)Rounding

  Each reference price shall be rounded to the nearest multiple of one dollar or, if the amount is equidistant from two multiples of one dollar, to the higher multiple. [Note: Section 12 of the Softwood Lumber Products Export Charge Act, 2006 ceases to be in force on October 12, 2015, see SOR/2016-155.]

• *12.1Higher rate

  Despite subsections 12(3) and (4), the rate of charge applicable in respect of an export of a softwood lumber product on or after the day on which this section comes into force from Ontario, Quebec, Manitoba or Saskatchewan is equal to the sum of the applicable rate of charge under subsection 12(3) or (4) and 10%. [Note: Section 12.1 of the Softwood Lumber Products Export Charge Act, 2006 ceases to be in force on July 1, 2011, see SOR/2011-130.]

• *12.2Higher rate — Ontario and Quebec

  The rate of charge applicable in respect of an export of a softwood lumber product from Ontario or Quebec on or after the day on which this section comes into force is equal to the sum of the rate of charge otherwise applicable under this Act and [Note: Section 12.2 of the Softwood Lumber Products Export Charge Act, 2006 ceases to be in force on October 12, 2013, see SOR/2014-121.]

• *12.2(a)

  0.1%, in the case of an export from Ontario; or

• *12.2(b)

  2.6%, in the case of an export from Quebec.

• *13Definitions
• *13(1)

  The following definitions apply in this section.

• *13(1)[p82]

  FOB value means a value consisting of all costs payable by a purchaser, including those incurred in the placement aboard the conveyance for shipment, but not including the actual shipping costs and the amount of a charge payable under section 10. (valeur franco à bord)

• *13(1)[p83]

  independent remanufacturer means a person who is certified under section 25. (entreprise indépendante de seconde transformation)

• *13(1)[p84]

  remanufactured means, in relation to a softwood lumber product, that the softwood lumber product, in order to produce a semi-finished or finished softwood lumber product, has been subjected to changes including changes in thickness, width, length, profile, texture, moisture or grading, has been joined together by finger jointing or has been turned. (seconde transformation)

• *13(2)Export price

  The export price of a softwood lumber product is to be determined in accordance with the following rules:

• *13(2)(a)

  if the product has undergone only primary processing, the export price is the FOB value that is determined at the facility where the product underwent its last primary processing before export;

• *13(2)(b)

  if the product was last remanufactured before export by an independent remanufacturer, the export price is the FOB value that is determined at the facility where the softwood lumber used to make the remanufactured product underwent its last primary processing before export;

• *13(2)(c)

  if the product was last remanufactured before export by a remanufacturer that is not an independent remanufacturer, the export price is the FOB value that is determined at the facility where the product underwent its last processing before export;

• *13(2)(d)

  for a product described in paragraph (a), (b) or (c) in respect of which an FOB value cannot be determined, the export price is the market price for identical products sold in Canada at approximately the same time and in one of the following arm’s length transactions, listed in order of precedence:

• *13(2)(d)(i)

  a transaction at substantially the same trade level but in different quantities,

• *13(2)(d)(ii)

  a transaction at a different trade level but in similar quantities, or

• *13(2)(d)(iii)

  a transaction at a different trade level and in different quantities; and

• *13(2)(e)

  if the export price determined in accordance with any of paragraphs (a) to (d) is greater than US$500 per thousand board feet, the export price is deemed to be US$500 per thousand board feet.

• *13(3)Exchange rate

  For the purposes of subsection (2), the rate of exchange in order to determine the export price in Canadian dollars of a softwood lumber product is the rate of exchange as quoted by the Bank of Canada at noon on the day before the day on which the charge referred to in section 10 becomes payable. [Note: Section 13 of the Softwood Lumber Products Export Charge Act, 2006 ceases to be in force on October 12, 2015, see SOR/2016-155.]

• *14Surge 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

• *14(1)(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

• *14(1)(b)

  the exports of softwood lumber from the region during that month exceed the monthly trigger volume applicable to that region.

• *14(1.1)Surge mechanism if certain provisions apply

  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.

• *14(2)Exports in excess of trigger volume

  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.

• *14(3)Trigger volume

  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 is the expected monthly American consumption of softwood lumber products, as calculated in accordance with the prescribed formula; is in respect of Ontario, 3.15, in respect of Quebec, 4.39, in respect of Manitoba, 0.29, in respect of Saskatchewan, 0.42, in respect of Alberta, 2.49, and in respect of the BC Interior, as defined in subsection 6.3(1) of the Export and Import Permits Act, 17.43; and 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.

• *14(4)Trigger volume — BC Coast

  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 is the expected monthly American consumption of softwood lumber products, as calculated in accordance with the prescribed formula; is in respect of January, the quotient obtained by dividing 0.7212 by 0.9288, in respect of February, the quotient obtained by dividing 0.9767 by 0.8944, in respect of March, the quotient obtained by dividing 0.9025 by 1.0014, in respect of April, the quotient obtained by dividing 1.3557 by 1.0707, in respect of May, the quotient obtained by dividing 1.1461 by 1.0679, in respect of June, the quotient obtained by dividing 1.1771 by 1.0405, in respect of July, the quotient obtained by dividing 0.9213 by 1.0508, in respect of August, the quotient obtained by dividing 1.0719 by 1.0501, in respect of Sep…

• *15Charge
• *15(1)

  If, during a particular calendar quarter, total exports of softwood lumber products from Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland and Labrador, as provided in subsection 11(2), exceed the aggregate sum of total production in that calendar quarter and total inventory at the beginning of that calendar quarter, of softwood lumber products that underwent their first primary processing in one of those provinces from softwood sawlogs originating in one of those provinces or in the State of Maine, each person responsible for excess exports as determined under subsection (2) shall pay to Her Majesty in right of Canada a charge calculated by applying $200 per thousand board feet of exported lumber products to that person’s excess exports.

• *15(1.1)When charge payable

  The charge becomes payable at the time that the softwood lumber product is exported.

• *15(2)Excess exports

  A person’s excess exports shall equal the amount by which its exports exceed in a particular calendar quarter the sum of the person’s total production in that calendar quarter and total inventory at the beginning of that calendar quarter of softwood products that underwent their first primary processing in New Brunswick, Nova Scotia, Prince Edward Island or Newfoundland and Labrador from softwood sawlogs originating in one of those provinces or in the State of Maine. [Note: Section 15 of the Softwood Lumber Products Export Charge Act, 2006 ceases to be in force on October 12, 2015, see SOR/2016-155.]

• 16Exemption — schedule
• 16(1)

  Despite section 10, a person whose name is set out in the schedule is exempt from the charge referred to in that section in respect of the export of softwood lumber products that the person produces if the person satisfies the prescribed conditions.

• 16(2)Amendments to schedule

  The Governor in Council may, by regulation, amend the schedule by adding, deleting or changing the name of a person.

• 17Exempt exports
• 17(1)

  The Governor in Council may, on the recommendation of the Minister for International Trade, by regulation, conditionally or unconditionally, exempt the export of softwood lumber products from a region from

• 17(1)(a)

  the charge referred to in section 10; or

• 17(1)(b)

  the application of any part of a rate of charge that is higher than the rate of charge provided for by subsection 12(3) or (4).

• 17(2)Exempt products

  The Governor in Council may, on the recommendation of the Minister for International Trade, by regulation, conditionally or unconditionally, exempt any softwood lumber product from the charges referred to in sections 10 and 15.

• 17(3)Exempt person

  Any person exempted from registering under subsection 22(2) is exempted from the charges referred to in sections 10 and 15.

• 18Definitions
• 18(1)

  The following definitions apply in this section.

• 18(1)[p118]

  covered entry means an entry that, on October 12, 2006, has not been liquidated and in respect of which a duty deposit has been made. (importation non tarifée)

• 18(1)[p119]

  duty deposit means an amount deposited under a United States duty order. (dépôt douanier)

• 18(1)[p120]

  duty deposit refund of a specified person means the refund of a duty deposit and all interest on that deposit accrued under United States law up to the earlier of

• 18(1)[p120](a)

  the day on which the refund is issued to the specified person or a designate of the specified person, and

• 18(1)[p120](b)

  the day on which the specified person sells the rights to the refund to Her Majesty in right of Canada. (remboursement)

• 18(1)[p123]

  revocation means a revocation of a United States duty order including any direction to end any suspension of liquidation of a covered entry or to refund any duty deposit. (révocation)

• 18(1)[p124]

  specified person means a person that filed the documents and information required under the applicable United States law in respect of the importation of any softwood lumber product into the United States during the period beginning on May 22, 2002 and ending on October 11, 2006. (intéressé)

• 18(1)[p125]

  specified rate means the rate determined by the formula is US$1,000,000,000; and is the total, expressed in United States dollars, of all duty deposits and all interest accrued on them under United States law as of October 12, 2006. (taux applicable)

• 18(1)[p126]

  United States duty order means

• 18(1)[p126](a)

  the Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Softwood Lumber Products from Canada, 67 Fed. Reg. 36,068 (May 22, 2002), as amended; or

• 18(1)[p126](b)

  the Notice of Amended Final Affirmative Countervailing Duty Determination and Notice of Countervailing Duty Order: Certain Softwood Lumber Products from Canada, 67 Fed. Reg. 36,070 (May 22, 2002), as amended. (décret douanier américain)

• 18(2)Rounding

  The specified rate shall be expressed as a decimal fraction rounded off to four digits after the decimal point, but if the fifth digit is five or greater, the fourth digit is increased by one.

• 18(3)Imposition of charge on duty deposit refund

  Every specified person in respect of whom a covered entry is to be liquidated as a result of a revocation shall pay to Her Majesty in Right of Canada a charge at the specified rate on the amount of any duty deposit refund that relates to the covered entry.

• 18(4)Liability for charge

  The charge under subsection (3) is payable by the specified person even if the refund is issued to a designate of the specified person.

• 18(5)When charge payable

  The charge under subsection (3) becomes payable by the specified person on the later of

• 18(5)(a)

  the day on which this Act is assented to, and

• 18(5)(b)

  the day that is the earlier of

• 18(5)(b)(i)

  the day on which the duty deposit refund is issued to the specified person or a designate of the specified person, and

• 18(5)(b)(ii)

  the day on which the specified person sells the rights to the duty deposit refund to Her Majesty in right of Canada.

• 18(6)Joint and several or solidary liability

  If, at any time after September 18, 2006, a specified person sells or otherwise disposes of the rights to a duty deposit refund to a person other than Her Majesty in right of Canada, the specified person and the other person are jointly and severally, or solidarily, liable to pay the charge under subsection (3) and any penalties and interest payable under this Act in relation to that charge.

• 19Minister’s duty

  The Minister shall administer and enforce this Act and the Commissioner may exercise the powers and perform the duties of the Minister under this Act.

• 20Staff
• 20(1)

  The persons that are necessary to administer and enforce this Act are to be appointed, employed or engaged in the manner authorized by law.

• 20(2)Delegation of powers

  The Minister may authorize any person employed or engaged by the Agency or who occupies a position of responsibility in the Agency to exercise powers or perform duties of the Minister, including any judicial or quasi-judicial power or duty of the Minister, under this Act.

• 21Administration of oaths

  Any person, if designated by the Minister for the purpose, may administer oaths and take and receive affidavits, declarations and affirmations for the purposes of or incidental to the administration or enforcement of this Act, and every person so designated has for those purposes all the powers of a commissioner for administering oaths or taking affidavits.

• 22Duty to register
• 22(1)

  Every person who exports a softwood lumber product to the United States is required to be registered for the purposes of this Act.

• 22(2)Exception

  On the recommendation of the Minister for International Trade, the Governor in Council may, by regulation, exempt persons or classes of persons from the requirement to register.

• 22(3)Application

  A person required to be registered shall apply to the Minister for registration on or before the day on which the softwood lumber product is exported.

• 22(4)Form and manner

  An application for registration must be made in the prescribed form containing the prescribed information and must be filed with the Minister in the prescribed manner.

• 22(5)Security

  An applicant who is not resident in Canada or who does not have a permanent establishment in Canada shall give and maintain security, in an amount and in a form satisfactory to the Minister, for the purposes of securing all amounts payable by the person under this Act.

• 22(6)Definition of permanent establishment

  For the purposes of subsection (5), permanent establishment in respect of an applicant means a fixed place of business of the applicant, including a place of management, a branch, an office, a factory or a workshop or any timberland.

• 23Registration

  The Minister may register any person applying for registration and, if the Minister does so, shall notify the person of the effective date of the registration.

• 24Cancellation
• 24(1)

  The Minister may cancel the registration of a person registered under section 23 if the Minister is satisfied that the registration is not required for the purposes of this Act or the person has failed to maintain security in accordance with subsection 22(5).

• 24(2)Notice

  If the Minister cancels the registration of a person, the Minister shall notify the person in writing of the cancellation and the effective date of the cancellation.

• 25Certification of independent remanufacturers
• 25(1)

  The Minister may, on application in prescribed form containing prescribed information and filed in the prescribed manner, certify a person registered under section 23 to be an independent remanufacturer.

• 25(2)Renewal, etc.

  The Minister may amend, suspend, renew, cancel or reinstate a certification as required for the purposes of this Act.

• 25(3)Notice

  If the Minister cancels the certification of a person, the Minister shall notify the person in writing of the cancellation and of its effective date.

• 25(4)Registry

  The Minister shall establish and maintain a publicly accessible registry containing the following information with respect to each certification:

• 25(4)(a)

  the name of the person that is certified;

• 25(4)(b)

  the date of the certification;

• 25(4)(c)

  any amendment made to the certification and the date of the amendment; and

• 25(4)(d)

  the date of any suspension, renewal, cancellation or reinstatement of the certification.

• 26Monthly returns

  A person who is, at any time during a particular month, registered under section 23 or required to be registered under section 22 — or a specified person as defined in subsection 18(1) by whom a charge under section 18 becomes payable at any time during a particular month — shall, on or before the last day of the month following the particular month,

• 26(a)

  file with the Minister a return for that month in the prescribed form and manner and containing the prescribed information;

• 26(b)

  calculate in the return the total amount of the charges payable for that month; and

• 26(c)

  pay that amount, if any, to the Receiver General.

• 27Large payments

  Every person who is required under this Act to pay an amount to the Receiver General shall, if the amount is $50,000 or more, make the payment to the account of the Receiver General at

• 27(a)

  a bank;

• 27(b)

  a credit union;

• 27(c)

  a corporation authorized under the laws of Canada or a province to carry on the business of offering its services as a trustee to the public; or

• 27(d)

  a corporation authorized under the laws of Canada or a province to accept deposits from the public and that carries on the business of lending money on the security of real property or immovables or investing in mortgages on real property or hypothecs on immovables.

• 28Small amounts owing
• 28(1)

  If, at any time, the total of all unpaid amounts owing by a person to Her Majesty in right of Canada under this Act does not exceed two dollars, the amount owing by the person is deemed to be nil.

• 28(2)Small amounts payable

  If, at any time, the total of all amounts payable by the Minister to a person under this Act does not exceed two dollars, the Minister may apply those amounts against any amount owing, at that time, by the person to Her Majesty in right of Canada. However, if the person, at that time, does not owe any amount to Her Majesty in right of Canada, those amounts payable are deemed to be nil.

• 29Set-off of refunds

  If, at any time, a person files a return in which the person reports an amount that the person is required to pay under this Act and the person claims a refund payable to the person under this Act at that time, in the return or in another return, or in a separate application filed under this Act with the return, the person is deemed to have paid at that time, and the Minister is deemed to have refunded at that time, an amount equal to the lesser of the amount required to be paid and the amount of the refund.

• 30Authority for separate returns
• 30(1)

  A person who engages in one or more activities in separate branches or divisions may file an application, in the prescribed form and manner, with the Minister for authority to file separate returns and applications for refunds under this Act in respect of a branch or division specified in the application.

• 30(2)Authorization by Minister

  On receipt of the application, the Minister may, in writing, authorize the person to file separate returns and applications for refunds in relation to the specified branch or division, subject to any conditions that the Minister may at any time impose, if the Minister is satisfied that

• 30(2)(a)

  the branch or division can be separately identified by reference to its location or the nature of the activities engaged in by it; and

• 30(2)(b)

  separate records, books of account and accounting systems are maintained in respect of the branch or division.

• 30(3)Revocation of authorization

  The Minister may revoke an authorization if

• 30(3)(a)

  the person, in writing, requests the Minister to revoke the authorization;

• 30(3)(b)

  the person fails to comply with any condition of the authorization or with any provision of this Act;

• 30(3)(c)

  the Minister is no longer satisfied that the requirements of subsection (2) are met; or

• 30(3)(d)

  the Minister considers that the authorization is no longer required.

• 30(4)Notice of revocation

  If the Minister revokes the authorization of a person, the Minister shall notify the person in writing of the revocation and the effective date of the revocation.

• 31Execution of returns, etc.

  A return or other document made under this Act by a person that is not an individual shall be signed on behalf of the person by an individual duly authorized to do so by the person or the governing body of the person. If the person is a corporation or an association that has duly elected or appointed officers, the president, vice-president, secretary and treasurer, or other equivalent officers, of the corporation or association, are deemed to be so duly authorized.

• 32Extension of time
• 32(1)

  The Minister may at any time extend, in writing, the time for filing a return or providing information under this Act.

• 32(2)Effect of extension

  If the Minister extends the time within which a person is required to file a return or provide information under subsection (1),

• 32(2)(a)

  the return shall be filed, or the information shall be provided, within the time so extended;

• 32(2)(b)

  any amount payable that the person is required to report in the return shall be paid within the time so extended;

• 32(2)(c)

  any interest payable under section 34 on the amount referred to in paragraph (b) shall be calculated as though the amount were required to be paid on the day on which the extended time expires; and

• 32(2)(d)

  any penalty payable under section 64 in respect of the return shall be calculated as though the return were required to be filed on the day on which the extended time expires.

• 33Demand for return

  The Minister may, by a demand served personally or sent by mail, require a person to file, within any reasonable time that may be stipulated in the demand, a return under this Act for any reporting period that is designated in the demand.

• 34Compound interest on amounts not paid when required
• 34(1)

  If a person fails to pay an amount to the Receiver General as and when required under this Act, the person shall pay to the Receiver General interest on the amount. The interest shall be compounded daily at the specified rate and computed for the period beginning on the first day after the day on or before which the amount was required to be paid and ending on the day on which the amount is paid.

• 34(2)Payment of interest that is compounded

  For the purposes of subsection (1), interest that is compounded on a particular day on an unpaid amount of a person is deemed to be required to be paid by the person to the Receiver General at the end of the particular day, and, if the person has not paid the interest so computed by the end of the day after the particular day, the interest shall be added to the unpaid amount at the end of the particular day.

• 34(3)Period when interest not payable

  Despite any other provision of this Act, if the Minister notifies a person that the person is required to pay a specified amount under this Act and the person pays the specified amount in full before the end of the period that the Minister specifies in the notice, interest is not payable on the specified amount for the period.