Exported Dairy Products Assistance Payments Order (SI/80-11)

Short Title

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

Interpretation

2 In this Order,

Commission

Commission means the Canadian Dairy Commission; (Commission)

export assistance

export assistance means a payment, pursuant to this Order, out of the Canadian Dairy Commission Account to an exporter; (aide à l’exportation)

exporter

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.

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 informed pursuant to subsection (1) of the amount of the assistance so authorized, the applicant shall inform the Commission of his acceptance, or otherwise, of the amount of the assistance.

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 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).