52

 


 

First Session, 50th General Assembly

71 Elizabeth II, 2022

BILL 52

AN ACT TO AMEND THE PETROLEUM PRODUCTS ACT

Received and Read the First Time................................................................

Second Reading............................................................................................

Committee.....................................................................................................

Third Reading...............................................................................................

Royal Assent.................................................................................................

HONOURABLE SARAH STOODLEY

Minister of Digital Government and Service Newfoundland and Labrador

Ordered to be printed by the Honourable House of Assembly

 

EXPLANATORY NOTES

This Bill would amend the Petroleum Products Act to

·         require the Board of Commissioners of Public Utilities to make information available to the public, as prescribed in the regulations;

·         authorize the Lieutenant-Governor in Council to make regulations prescribing the manner in which the Board of Commissioners of Public Utilities shall make information publicly available and prescribing the information that shall be made publicly available;

·         require the Board of Commissioners of Public Utilities to provide written notice to the minister of a review conducted under subsections 8.1(1) or (2) of the Act;

·         expand the areas for which the minister may request the Board of Commissioners of Public Utilities to conduct a review;

·         authorize the minister to direct the Board of Commissioners of Public Utilities to hold a hearing where the minister requests a review; and

·         incorporate gender-neutral language.


A BILL

AN ACT TO AMEND THE PETROLEUM PRODUCTS ACT

Analysis


        1.   S.7.1 Added
Release of information

        2.   S.8.1 Amdt.
Review by board

        3.   S.13 Amdt.
Inspection

        4.   S.14 Amdt.
Search with warrant

        5.   S.20 Amdt.
Vicarious liability

        6.   S.23 Amdt.
Regulations


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

SNL2001 cP-10.1
as amended

        1. The Petroleum Products Act is amended by adding immediately after section 7 the following:

Release of information

      7.1 The board shall, in the manner prescribed in the regulations, make available to the public the information prescribed in the regulations respecting

             (a)  the maximum wholesale and retail prices under paragraph 4(1)(a);

             (b)  the minimum and maximum mark up between the wholesale price and the retail price under paragraph 4(1)(b);

             (c)  the procedure for determining adjustments to the petroleum product base wholesale and retail price under subsection 7(1); and

             (d)  any other matters prescribed in the regulations.

 

        2. (1) Section 8.1 of the Act is amended by adding immediately after subsection (2) the following:

         (2.1)  Prior to the commencement of a review under subsection (1) or subsection (2), the board shall give written notice to the minister of the subject matter and scope of the review.

      (2) Subsection 8.1(3) of the Act is repealed and the following substituted:

             (3)  The minister may request that the board review one or more of the following:

             (a)  the suitability of the pricing mechanism for benchmark prices;

             (b)  the maximum mark up between the wholesale price to the retailer and the retail price to the consumer or allowed service costs to ensure they are justified;

             (c)  the different maximum wholesale and retail prices that a wholesaler and a retailer may charge for heating fuel and motor fuel for each zone under subsection 4(2) to ensure they are justified; and

             (d)  the different maximum wholesale and retail prices that a wholesaler and a retailer may charge for heating fuel and motor fuel within a zone under subsection 4(3) to ensure they are justified.

             (3)  Section 8.1 of the Act is amended by adding immediately after subsection (3) the following:

             (4)  Where the minister makes a request under subsection (3), the board shall conduct the review and provide the minister with its recommendations on the matter being reviewed.

             (5)  Where the board conducts a review under subsection (3), the minister may direct that the board hold a hearing as part of the review.

 

        3. Subsection 13(2) of the Act is amended by deleting the words "he or she" and substituting the words "the person".

 

        4. Subsection 14(3) of the Act is amended by

             (a)  deleting the words "him or her" and substituting the words "the person named in the warrant"; and

             (b)  deleting the words "his or her".

 

        5. Section 20 of the Act is amended by deleting the words "his or her" and substituting the words "the officer's, agent's or other person's".

 

        6. Section 23 of the Act is amended by adding immediately after paragraph (d) the following:

         (d.1)  prescribing the manner in which information shall be disclosed under section 7.1;

         (d.2)  prescribing information for the purposes of section 7.1;

         (d.3)  prescribing matters for the purposes of paragraph 7.1(d);