First

Session, 50th General Assembly

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

S.8.1 Amdt.

Review by board

S.13 Amdt.

Inspection

S.14 Amdt.

Search with warrant

S.20 Amdt.

Vicarious liability

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.

(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".

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".

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);

Queen's Printer