Bill 216 — Third Session, 19Th Legislature, 30 Elizabeth Ii the Legislative Assembly of Alberta Bill 216 the Refined Petroleum Products Wholesale Price Control Act (Legislature 19, Session 3)

L19 S3 3987

Alberta — Bills

1981 BILL 216 Third Session, 19th Legislature, 30 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 216 THE REFINED PETROLEUM PRODUCTS WHOLESALE PRICE CONTROL ACT MR. NOTLEY First Reading Second Reading Committee of the Whole Third Reading Royal Assent Title: 1981 (19th, 3rd) Bill 216, The Refined Petroleum Products Wholesale Price Control Act

Bill 216 Mr. Notley BILL 216 1981 THE REFINED PETROLEUM PRODUCTS WHOLESALE PRICE CONTROL ACT (Assented to , 1981) HER MAJESTY, by and with the advice and consent of the Leg islative Assembly of Alberta, enacts as follows:

Definitions1 In this Act (a) “consumer” means a person who purchases or acquires re fined petroleum products from a retailer for his own use or consumption; (b) “existing agreement” means an agreement between a whole saler and a retailer for the transfer, sale or delivery of refined petroleum products to a retailer and any other agreement between a wholesaler and a retailer in existence on the date the Minister pursuant to this Act establishes a wholesale price; (c) “Board” means the Public Utilities Board; (d) “refined petroleum product” means a liquid fuel or lubricant made from oil; (e) “retailer” means a person who in the course of his business regularly sells refined petroleum products to a consumer; (f) “wholesaler” means a person who transfers, sells or delivers refined petroleum products to a retailer or to a wholesaler or where he is a wholesaler to another wholesaler and includes a retailer who is also a wholesaler; (g) “wholesale price” means the consideration for a transfer, sale or delivery by a wholesaler to a retailer or to another whole saler and includes the consideration in a transfer, sale or delivery to a consumer by a wholesaler who is also a retailer.

Wholesale price set2(1) The Board, with the approval of the Lieutenant Governor in Council, may determine, establish or set the wholesale price, the maximum wholesale price or the minimum wholesale price at which refined petroleum products may be transferred, sold or delivered in Alberta by a wholesaler to a retailer for use in Alberta.

(2) Without limiting the generality of the foregoing, the Board may (

a) establish different wholesale prices for different parts of Alberta; (

b) establish different wholesale prices for different wholesalers; (

c) establish different wholesale prices for different qualities, quantities, standards, grades, kinds and classifications of use of refined petroleum products.

(3) Where a wholesaler is also a retailer, the Board, with the ap proval of the Lieutenant Governor in Council, may establish such different wholesale prices as he considers appropriate. Agreements deemed varied3(1) When the Board establishes a wholesale price, every existing agreement shall be deemed to be varied so as to not exceed the wholesale price established by the Board and may be further varied by the Board, with the approval of the Lieutenant Governor in Coun cil, in any other term or condition, directly or indirectly, which obligates a retailer to pay a wholesaler more than the wholesale price established by the Board.

(2) Except as varied by subsection (1), every existing agreement shall in all respects remain in full force and effect. No sale above set price 4 Where the Board has established a wholesale price or has varied such price, no wholesaler shall agree to transfer, sell or deliver a refined petroleum product to a retailer at a wholesale price greater than that established by the Board or the price as varied and any such agreement shall be invalid to the extent, and insofar as, the agreed wholesale price exceeds the wholesale price established by the Board or the price as so varied.

Records, audit 5(1) The Board may require wholesalers to keep in a form prescribed by the Board, records of all purchases, transfers, sales or deliveries of refined petroleum products and to forward to the Board such records or extracts therefrom at such times and in such manner as it considers appropriate.

(2) The Board or its appointee may audit or cause to be audited the books and records of any wholesaler and each wholesaler shall make available in Alberta his books and records for the purpose of the audit or shall make such other arrangements in respect of his books and records as may be satisfactory to the Board.

(3) Every wholesaler who fails or refuses 2

(

a) to keep records as required under subsection (1); or (

b) to forward to the Board records or abstracts therefrom as required under subsection (1); or (

c) to make available his books and records for an audit under subsection (2) or to make any other arrangements required under that subsection; is guilty of an offence and liable on

summary conviction to a fine not exceeding $500. Offences and penalties6(1) Every person who contravenes

section 4 is guilty of an offence and liable on

summary conviction to a fine not exceeding $5000 and in the case of a continuing offence to a further fine of not more than $1000 for each day during which the offence continues.

(2) No information may be laid under this

section without the written permission of the Board being first obtained. Coming into force7 This Act comes into force on the day upon which it is assented to. 3 Title: 1981 (19th, 3rd) Bill 216, The Refined Petroleum Products Wholesale Price Control Act

Document details

Collection	Alberta — Bills
Citation	L19 S3 3987
Type	bill
Volume / chapter	L19 S3 3987
Language	en
Format	json
Source	PROVINCIAL
Identifier	b0667fb67db060992557a82474f3067b1df23b81

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