Motor Vehicle Fuel Pricing Act, 1995
EXPLANATORY NOTE
The main purpose of the Bill is to ensure that retailers, wholesalers and manufacturers of motor vehicle fuel be accountable to the public with respect to the pricing of the fuel.
The Bill would establish the Commission on Motor Vehicle Fuel Prices to monitor and report to the Minister on pricing practices in the Province with respect to motor vehicle fuel and to conduct inquiries into pricing practices on order of the Minister. The duties of the Commission are set out in subsection 3 (4).
Section 4 of the Bill would require retailers, wholesalers and manufacturers to pay fees to the Commission to cover the administrative costs of the Commission.
Section 6 would prohibit a person from conspiring to increase or decrease the price of motor vehicle fuel or the retailer margin with respect to motor vehicl fuel.
Section 7 would require retailers of motor vehicle fuel to sell a type of motor vehicle fuel at the same price at every retail outlet owned or operated by the retailer in the province. Section 8 provides for exceptions to the province-wide pricing rule upon order of the Commission.
Section 9 would prohibit retailers, wholesalers or manufacturers of motor vehicle fuel from taking reprisals against employees who in any way seek compliance with the Act or help in its enforcement. An employee who is the subject of such reprisals may complain to the Commission and the Commission may make an order to correct the situation. An order by the Commission shall not prevent the employee from seeking any other remedy available to him or her under this Act, another Act or at law.
Section 11 would allow the Minister to appoint inspectors who are given the power to enter and search premises owned or operated by retailers, wholesalers or manufacturers for the purpose of ensuring compliance with the Act.
Sections 12 and 13 would create certain offences for contravention of the Act.
Bill1995
An Act respecting the Price of Motor Vehicle Fuel
and protecting Whistleblowers
in the Motor Vehicle Fuel Industry
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Definitions
1. In this Act,
"Commission" means the Motor Vehicle Fuel Commission established under section 3; ("Commission")
"consumer" means a person who acquires motor vehicle fuel for his or her own use and not for the purpose of selling, exchanging or otherwise disposing thereof and does not include a person who purchases motor vehicle fuel for use in a business under a written contract containing bulk purchasing provisions with volume discounts; ("consommateur")
"manufacturer" means any person who manufactures, refines or makes motor vehicle fuel or any component thereof; ("fabricant")
"Minister" means Minister of Consumer and Commercial Relations; ("ministre")
"motor vehicle" means any vehicle legally entitled to be driven on public roads, highways and streets and which operates by means of motor vehicle fuel; ("vehicules automobiles")
"motor vehicle fuel" means a liquid product, whether or not distilled or recovered from petroleum, which by itself or in mixture with other products, by combustion, develops the power required for operating internal combustion engines, and includes gasoline, diesel fuels, propane and ethanol fuels; ("carburant pour vehicules automobiles")
"prescribed" means prescribed by regulation; ("prescrit")
"regulation" means a regulation made under this Act; ("règlement")
"retail outlet" includes every location at which a retailer sells motor vehicle fuel, whether on a permanent or temporary basis; ("point de vente")
"retailer" means a person who keeps for sale or sells motor vehicle fuel to a consumer and includes a person who is also a wholesaler; ("détaillant")
"retailer margin" means the difference between the price at which a retailer buys a motor vehicle price from a wholesaler and the price at which the retailer sells the motor vehicle fuel to a consumer; ("marge brute du détaillant")
"wholesaler" means a person who keeps for sale or sells motor vehicle fuel to a retailer and includes a person who is also a retailer. ("grossiste")
Purpose
2. The purpose of the Act is,
(a) to ensure that retailers, wholesalers and manufacturers be accountable to the public with respect to the pricing of motor vehicle fuel;
(b) to ensure reasonable and competitive prices of motor vehicle fuel within Ontario; and
(c) to protect employees of retailers, wholesalers and manufacturers from retaliation for having disclosed any pricing practices of the retailer, wholesaler or manufacturer that contravene this Act.
Commission
3. (1) A Commission to be known as the Commission on Motor Vehicle Fuel Prices in English and as Commission des prix du carburant pour vehicules automobiles in French is hereby established.
Composition
(2) The Commission shall be composed of not less than three and not more than five members appointed by the Lieutenant Governor in Council.
Qualification, term of appointment
(3) The qualifications, term of appointment and replacement of members of the Commission shall be as set out in the regulations.
Duties
(4) The duties of the Commission are,
(a) to monitor and report to the Minister on pricing practices with respect to motor vehicle fuel in the Province;
(b) to conduct inquiries under section 5;
(c) to receive, consider and determine the validity of applications made under section 8;
(d) to receive, consider and determine the validity of complaints about reprisals made under section 10; and
(e) to carry out such other duties as may be prescribed.
Fees paid to Commission
4. Every retailer, wholesaler and manufacturer shall pay a prescribed fee to the Commission to cover the administrative costs of establishing and maintaining the Commission.
Inquiry by Commission
5. (1) Upon order of the Minister, the Commission shall conduct an inquiry into pricing practices in the Province with respect to motor vehicle fuel.
Scope of inquiry
(2) The scope of the inquiry shall be specified by the Minister and may be limited to one or more retailer, wholesaler or manufacturer.
Public hearings
(3) The Commission may hold public hearings in the course of an inquiry under this section.
Petitions
(4) The Minister shall order the Commission to conduct an inquiry under subsection (1) if the Minister receives a petition requesting an inquiry into a matter relating to the price of motor vehicle fuel and the petition is signed by at least 50,000 residents of Ontario.
Report
(5) The Commission shall prepare a report of the results of its inquiry for the Minister who shall table the report in the Assembly.
Prohibition, collusion to set prices
6. (1) No person shall conspire, agree or collude to increase or decrease the price of motor vehicle fuel.
Prohibition, collusion to set retailer margin
(2) No person shall conspire, agree or collude to increase or decrease the retailer margin with respect to motor vehicle fuel.
Evidence of collusion
(3) Evidence of two or more retailers, wholesalers or manufacturers increasing or decreasing the price of motor vehicle fuel or the retailer margin with respect to motor vehicle fuel simultaneously or in close succession shall not, absent anycorroborating evidence of actual communication or agreement between the parties, constitute sufficient evidence of conspiracy, agreement or collusion for the purposes of a conviction under subsection (1) or (2).
Province-wide pricing
7. A retailer shall sell a type of motor vehicle fuel at the same price at every retail outlet owned or operated by the retailer in the province.
Application for exemption from province-wide pricing
8. (1) A retailer may apply to the Commission for an order permitting the retailer to sell a type of motor vehicle fuel at different prices at retail outlets in different geographical areas of the province.
Order
(2) The Commission shall make an order permitting a retailer to sell a type of motor vehicle fuel at different prices at retail outlets in different geographical areas of the province if the Commission believes such an order to be fair, reasonable and justifiable based on economic factors in the geographical areas and on other prescribed grounds.
Public hearings
(3) The Commission may in its discretion hold a public hearing to determine whether an order under subsection (2) should be made.
Evidence
(4) The Commission may require the applicant to produce,
(a) evidence that the order is justified based on economic factors in the specified geographical areas; and
(b) such other evidence as the Commission sees fit to require.
Witnesses
(5) The Commission may require any employee, director or officer of the retailer to appear before the Commission as a witness.
Duration of order
(6) Any order under this section shall permit a retailer to sell a type of motor vehicle fuel at different prices in retail outlets in different geographical areas of the province for a period of no more than six months and the retailer may apply for a renewal of the order at or before the end of the six month period.
Conditions of order
(7) The order may be subject to such terms and conditions as may be prescribed or as set out in the order.
Prohibition, reprisals
9. No retailer, wholesaler or manufacturer of motor vehicle fuel shall dismiss, discipline, penalize or in any way coerce or intimidate an employee because the employee has, acting in good faith, done any of the following:
1. Complied with or sought the enforcement of this Act or the regulations.
2. Given information to an appropriate authority for the purposes of an investigation or inquiry related to the enforcement of this Act or the regulations.
3. Given evidence in a proceeding under this Act.
4. Done a prescribed act.
Complaints about reprisals
10. (1) Any person may file a written complaint with the Commission alleging that an employer has contravened section 9.
Inquiry by Commission
(2) The Commission shall inquire into any complaint received under subsection (1).
Order of Commission
(3) If the Commission, after inquiring into the complaint, is satisfied that the employer has contravened section 9, the Commission shall make one or more of the following orders:
1. An order directing the employer to cease doing the act or acts complained of.
2. An order directing the employer to rectify the act or acts complained of.
3. An order directing the employer to reinstate in employment or hire the employee, with or without compensation, or to compensate, instead of hiring or reinstatement, for loss of earnings or other employment benefits in an amount determined by the Commission.
Failure to comply
(4) If an employer fails to comply with a term of an order made under subsection (3) within 14 days of the date the order was made, the employee may file a copy of the order with the Ontario Court (General Division) and the order may be enforced as though it were an order of the court.
Civil remedy
(5) This section shall not be interpreted so as to limit any other right an employee may have under this Act, any other Act or at law to seek a remedy with respect to adverse employment action.
Inspectors
11. (1) The Minister may appoint inspectors for the purpose of ensuring compliance with this Act.
Inspection
(2) For the purpose of determining whether this Act is being complied with, an inspector may, without a warrant, enter and inspect places owned or operated by a retailer, wholesaler or manufacturer.
Restricted appointment
(3) The Minister may, in an appointment, restrict the inspector's powers of entry and inspection to specified places or types of places.
Time of entry
(4) The power to enter and inspect a place without a warrant may be exercised only during daylight hours or, in the case of a place of business, during the place's regular business hours.
Dwellings
(5) The power to enter and inspect a place without a warrant shall not be exercised to enter and inspect a part of the place that is used as a dwelling unless reasonable notice has been given to the occupier of the dwelling.
Use of force
(6) An inspector is not entitled to use force to enter and inspect a place.
Identification
(7) An inspector conducting an inspection shall produce, on request, evidence of his or her appointment.
Powers of inspectors
(8) An inspector conducting an inspection may,
(a) examine a record or other thing that is relevant to the inspection;
(b) demand the production for inspection of a document or other thing that is relevant to the inspection;
(c) remove for review and copying a record or other thing that is relevant to the inspection;
(d) in order to produce a record in readable form, use data storage, information processing or retrieval devices or systems that are normally used in carrying on business in the place; and
(e) question a person on matters relevant to the inspection.
Written demand
(9) A demand that a record or other thing be produced for inspection must be in writing and must include a statement of the nature of the record or thing required.
Obligation to produce and assist
(10) If an inspector demands that a record or other thing be produced for inspection, the person who has custody of the record or thing shall produce it and, in the case of a record, shall on request provide any assistance that is reasonably necessary to interpret the record or to produce it in a readable form.
Removal of things
(11) A record or other thing that has been removed for review and copying,
(a) shall be made available to the person from whom it was removed, for review and copying, on request and at a time and place that are convenient for the person and for the inspector; and
(b) shall be returned to the person within a reasonable time.
Copy admissible in evidence
(12) A copy of a record that purports to be certified by an inspector as being a true copy of the original is admissible in evidence to the same extent as the original, and has the same evidentiary value.
Obstruction
(13) No person shall hinder, obstruct or interfere with an inspector conducting an inspection, refuse to answer questions on matters relevant to the inspection or provide the inspector with information, on matters relevant to the inspection, that the person knows to be false or misleading.
Offences
12. (1) Any person who contravenes subsection 6(1) or (2), section 7 or 9 or subsection 11 (13) is guilty of an offence and on conviction is liable to a fine of up to,
(a) $20,000, if the person is an individual; or
(b) $250,000, if the person is a corporation.
Fine payable to employee
(2) Upon conviction for an offence under section 9, one half of the fine for which the employer is liable shall be paid directly to the employee who was the subject of the reprisal.
Additional penalties
(3) A court may prohibit a retailer, wholesaler or manufacturer convicted of an offence referred to in subsection (1) from selling motor vehicle fuel for a period of up to three months.
Directors and officers
13. (1) A director or officer of a corporation that engages in the sale of motor vehicle fuel has a duty to take reasonable care to prevent the corporation from contravening subsection 6 (1) or (2), section 7 or 9 or subsection 11 (13).
Offence
(2) A director or officer who is subject to a duty under subsection (1) and fails to carry it out is, on conviction, liable to a fine of up to $75,000.
Failure to pay fines
14. A person who is convicted of an offence under section 12 or under subsection 13 (2) and who fails to pay the imposed fine is guilty of an offence and on conviction is liable to imprisonment for up to 12 months.
Regulations
15. (1) The Lieutenant Governor in Council may make regulations,
(a) governing the qualifications of members of the Commission, their remuneration, term of appointment and replacement;
(b) prescribing the fees paid by retailers, wholesalers and manufacturers to the Commission under section 4;
(c) respecting the process for making a petition under subsection 5(4) and the requirements and qualifications of signatories to the petition;
(d) prescribing the duties of the Commission;
(e) prescribing grounds that may justify issuing an order under subsection 8(2);
(f) prescribing the terms and conditions of an order made under subsection 8(2);
(g) prescribing anything referred to in this Act as prescribed;
(h) establishing a process of mediation or arbitration for any complaint made under section 10;
(i) respecting any matter considered necessary or advisable to carry out effectively the purposes of this Act.
Same
(2) A regulation may be general or specific in its application.
Commencement
16. This Act comes into force on the day it receives Royal Assent.
Short title
17. The short title of this Act is Motor Vehicle Fuel Pricing Act, 1995.