Fair Gasoline Marketing Practices Act, 1999 Crozier, Bruce — Bill 28 (36th Parliament, 3rd Session)

Bill 28, 36-3

Ontario — Bills

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Bill 28, Fair Gasoline Marketing Practices Act, 1999

Crozier, Bruce

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[36] Bill 28 Original (PDF)

Bill 28

Bill 281999

An Act to prohibit discrimination in the

supply of gas and diesel oil to retail dealers

Her Majesty, by and with the advice and consent of the Legislative

Assembly of the Province of Ontario, enacts as follows:

Purpose

1. The purpose of this Act is to prohibit discrimination

in the supply of gasoline and diesel oil to retail dealers, thereby

encouraging the participation of independent dealers in the retail gasoline

and diesel oil market.

Definitions

2. In this Act, "

affiliated dealer" means a dealer,

(a)that is a division of a supplier,

(b)that is wholly or partially owned by a supplier,

(c)that has entered into a long-term supply arrangement with a supplier,

(d)that charges the general public a price for gasoline or diesel oil that

is set by a supplier; ("dtaillant membre du mme groupe") "

credit terms" means the terms under which a dealer must pay for gasoline

or diesel fuel provided to it by a supplier, and includes the length of time

in which the dealer must pay, and the rate of interest charged; ("modalits de

crdit") "

dealer" means a person, or a division of a supplier, that is engaged in

the business of selling gasoline or diesel oil to the general public for

ultimate consumption; ("dtaillant") "

Director" has the same meaning as in the Gasoline Handling Act;

("directeur") "

posted rack price" means the price at which gasoline or diesel oil is made

available to a dealer; ("prix affich au dpt") "

supplier" means a person that is engaged in the business of providing

gasoline or diesel oil to a dealer for resale to the general public for

ultimate consumption; ("fournisseur") "

unaffiliated dealer'' means a dealer that is not an affiliated dealer.

("dtaillant non membre du mme groupe'')

Discrimination prohibited

(1) No supplier shall discriminate unfairly between

affiliated and unaffiliated dealers when providing gasoline or diesel oil to

dealers.

Discrimination defined

(2) For the purpose of subsection (1), a supplier discriminates unfairly

if the supplier,

(a)makes gasoline or diesel oil available to affiliated and unaffiliated

dealers at different times or in different quantities;

(b)makes gasoline or diesel oil available to affiliated and unaffiliated

dealers at a different posted rack price, except to the extent that the

difference in price results from a volume discount that is available to

affiliated and unaffiliated dealers;

(c)makes gasoline or diesel oil available to affiliated and unaffiliated

dealers on different credit terms; or

(d)influences an affiliated dealer to sell gasoline or diesel oil to the

general public at a price that is not higher than the posted rack price at

which the supplier makes gasoline or diesel oil available to unaffiliated

dealers.

Filing of posted rack prices

4. A supplier shall file with the Director the posted

rack prices at which it makes gasoline and diesel oil available to dealers,

in a manner prescribed by regulation.

Publication of posted rack prices

5. The Director shall make public the information

provided to him or her under

section 4 in a manner prescribed by

regulation.

Right to compensation

6. A dealer who incurs loss or damage as a result of a

contravention of

section 3 has the right to compensation for the loss or

damage from the supplier who contravened that section.

Contractual discrimination void

7. If compliance with a provision in a contract would

constitute unfair discrimination under subsection 3 (2), the provision is

void and is severable from the contract.

Offence

8. A supplier who contravenes this Act is guilty of an

offence and shall be liable on conviction to a fine not exceeding,

(a)$1,000 in the case of an individual; or

(b)$10,000 in the case of a corporation.

Regulations

9. The Lieutenant Governor in Council may make

regulations,

(a)prescribing the manner for filing information under

section 4;

(b)prescribing the manner for making information public under

section

(c)respecting any matter considered necessary or advisable to carry out

the intent and purpose of this Act.

Commencement

10. This Act comes into force on the day it receives Royal

Assent.

Short title

11. The

short title of this Act is the Fair Gasoline Marketing

Practices Act, 1999.

Fair Gasoline Marketing Practices Act, 1999

EXPLANATORY NOTE

The Bill prohibits wholesale suppliers of gasoline and diesel oil from

discriminating unfairly between dealers who are affiliated with suppliers,

and dealers who are not. Unfair discrimination includes wholesaling to

affiliated and unaffiliated dealers at different prices or credit terms, and

influencing affiliated dealers set retail prices at or below the supplier's

posted rack price to unaffiliated dealers. Suppliers must file their posted

rack prices with the Director, who must make them public.

Date Bill stage Activity Committee

May 3, 1999

First Reading

Carried

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Document details

Collection	Ontario — Bills
Citation	Bill 28, 36-3
Type	bill
Volume / chapter	p36 s3 bill 28 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	3d707cb8b9d0a4142a0b7131ec7946ddcdef5dee

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