This is an official version.

Copyright 2004: Queen’s Printer,
St. John's, Newfoundland and Labrador, Canada

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Statutes of Newfoundland and Labrador 2004


CHAPTER 28

AN ACT TO AMEND THE PETROLEUM PRODUCTS ACT

(Assented to June 8, 2004)

Analysis

1. S.2 Amdt.
Interpretation

2. S.3 R&S
Powers of board

3. S.11 Amdt.
Notice to appear

4. Ss.13 &14 R&S
13. Inspection
14. Search with warrant

5. S.16(2) R&S
Evidence

6. S.23 Amdt.
Regulations

7. Ss.24 to 27 Rep.
24. Budget
25. Audit
26. Transitional
27. Commencement

8. General Amdt.

9. Consequential Amdt.

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:


SNL2001 cP-10.1

1. Paragraph 2(1)(a) of the Petroleum Products Act is repealed and the following substituted:

(a) "board" means the Board of Commissioners of Public Utilities established under the Public Utilities Act;

 

2. Section 3 of the Act is repealed and the following substituted:

Powers of board

3. (1) In addition to the powers conferred on the board under this Act, the powers, practices, procedures and immunities of the board under the Public Utilities Act apply to the board in carrying out its duties under this Act.

(2) Sections 13 and 14 of the Public Utilities Act apply, with the necessary changes, to the assessment by the board of wholesalers and retailers who refine petroleum products in the province or bring petroleum products into the province, or receive delivery of them in the province from a wholesaler or retailer outside the province who does not carry on business in the province, of amounts to defray the expenses of the board under this Act.

(3) In particular, in the application of section 13 of the Public Utilities Act to an assessment by the board to defray its expenses under this Act,

(a) the reference in section 13 to public utilities shall be read as including wholesalers and retailers who refine petroleum products in the province or bring petroleum products into the province, or receive delivery of them in the province from a wholesaler or retailer outside the province who does not carry on business in the province; and

(b) the assessment under section 13 shall be based on the volume of the designated petroleum products sold by the wholesaler or retailer in the province as determined by the board, whether or not the product is subject to regulation under this Act.

 

3. Subsection 11(1) of the Act is amended by striking out the words "him or her" and substituting the words "the board".

 

4. Sections 13 and 14 of the Act are repealed and the following substituted:

Inspection

13. (1) Where it is reasonably necessary to ensure compliance with this Act, a person authorized by the board may

(a) at reasonable times enter a premises of a wholesaler or a retailer of heating fuel or motor fuel to determine whether the prices being charged by the wholesaler or retailer for heating fuel or motor fuel exceed the maximum prices set for either by the board;

(b) require the production of books, records or other documents applicable to the sale of heating fuel or motor fuel and may examine those books, records or documents or remove them for the purpose of making copies of them; and

(c) inquire into all matters relating to the sale by the wholesaler or retailer of heating fuel or motor fuel.

(2) Where a person authorized by the board under subsection (1) removes books, records or other documents under paragraph (1)(b), he or she shall give to the person from whom those items were taken a receipt for those items and shall immediately make copies of those items and return the originals to the person who was given the receipt.

Search with warrant

14. (1) Where a person authorized by the board believes on reasonable grounds that a person is contravening or has contravened this Act, or where entry onto a premises where a contravention of this Act is believed to occur or have occurred is refused or denied, the person authorized by the board may, with a warrant issued under subsection (2), enter those premises and do all those things referred to in section 13.

(2) A Provincial Court judge or a justice of the peace who is satisfied on oath or affirmation that there are reasonable grounds for believing that a contravention of this Act has occurred or that entry onto a premises has been refused or denied, may issue a warrant authorizing the person named in the warrant to enter the premises and search for and inspect anything that will provide evidence with respect to a contravention of this Act and to do all those things referred to in section 13.

(3) A wholesaler or a retailer or an employee of either and a person found there shall give the person named in the warrant reasonable help to enable him or her to carry out his or her duties and functions under this Act and shall provide the information that the person may reasonably require.

 

5. Subsection 16(2) of the Act is repealed and the following substituted:

(2) The board shall have the same power to enforce the attendance of persons as witnesses and to compel them to give evidence and produce documents and things that is vested in a commissioner under the Public Inquiries Act.

 

6. Paragraph 23(e) of the Act is repealed.

 

7. Sections 24 to 27 of the Act are repealed.

General Amdt.

8. (1) The Act is amended by striking out wherever it occurs the word "commissioner" and substituting the word "board".

(2) The Act is amended by striking out wherever they occur the words "he or she" and substituting the words "the board".

Consequential amdt.

9. (1) The Petroleum Products Regulations are amended by

(a) striking out the word "commissioner" wherever it occurs and substituting the word "board";

(b) striking out the words "him or her" wherever they occur and substituting the words "the board"; and

(c) striking out the words "he or she" wherever they occur and substituting the word "it".

(2) The Petroleum Products Assessment Regulations, 2003 are repealed.

 

 

 

 

 

 

 

 

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