THE NEWFOUNDLAND AND LABRADOR GAZETTE EXTRAORDINARY

Part II PUBLISHED BY AUTHORITY ST. JOHN'S, FRIDAY, JANUARY 15, 2010 NEWFOUNDLAND AND LABRADOR REGULATION 1/10

Extraordinary Gazette 3 January 15, 2010 NEWFOUNDLAND AND LABRADOR REGULATION 1/10 Petroleum Products Regulations (Amendment) under the Petroleum Products Act (O.C. 2010-17) (Filed January 15, 2010) Under the authority of

section 23 of the Petroleum Products Act, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, January 15, 2010. Gary Norris Clerk of the Executive Council REGULATIONS Analysis 1. S.2 Amdt.

Definitions 2. S.4 Amdt. Periodic reports 3. S.9 Amdt. Initial setting of the bench- mark price 4. S.14 Amdt. Periodic adjustment timing 5. Sch. R&S 1. Paragraph 2(

a) of the Petroleum Products Regulations is repealed and the following substituted: (a) "Act" means the Petroleum Products Act; NLR 79/01 as amended

Petroleum Products Regulations (Amendment) 1/10 Extraordinary Gazette 4 January 15, 2010 (a.1) "benchmark" means, with re spect to a type, grade or compo- nent of heating fuel or motor fuel, (

i) the reported product pri ce assessment by Platts and by Bloombergs in the case of propane, and as set out in the Schedule, and (ii) notwithstanding subparagra ph (i), with respect to mid- grade and premium unleaded gasoline, the product price assessment for Unl 87; 2. (1) Subsection 4(1) of the Re gulations is amended by deleting the word "and" at the end of paragr aph (c), by deleting the period at the end of paragraph (

d) and substituting a semi-colon and the word "and" and by adding immed iately after paragraph (

d) the following: (

e) any information which the board determines is necessary in relation to the administration of the Act and these regula- tions. (2) Subsection 4(2) of the Regulations is amended by delet- ing the word "and" at the end of paragraph (d), by deleting the period at the end of paragraph (

e) and substituting a semi-colon and the word "and" and by addi ng immediately after paragraph (

e) the following: (

f) any information which the board determines is necessary in relation to the administration of the Act and these regula- tions. (3) Subsection 4(3) of the Regulations is amended by delet- ing the word "and" at the end of paragraph (f), by deleting the period at the end of paragraph (

g) and substituting a semi-colon and the word "and" and by addi ng immediately after paragraph (

g) the following: (

h) any information which the board determines is necessary in relation to the administration of the Act and these regula- tions.

Section 9 of the Regulations is amended by adding immedi- ately after subsection (1) the following:

Petroleum Products Regulations (Amendment) 1/10 Extraordinary Gazette 5 January 15, 2010

(1.1) The benchmark price for a moto r fuel or heating fuel that is a combination of liquid products distilled from petroleum shall be the sum of the benchmark price calculated under subsection (1) for each product multiplied by the percentage by which each product is a com- ponent of the motor fuel or heating fuel, which percentage shall be determined by the board. 4. (1) Subsection 14(2) of the Regulations is repealed and the following substituted:

(2) For each type of motor fuel and heating fuel, the benchmark price shall be adjusted to be the average of the average of the daily high and low product prices for the benchmark, as reported in Platts or Bloombergs, during the period immediately following (

a) the date on which the benchmark price was first established by the board; or (

b) where the benchmark price ha s been previously adjusted, the date of which the benchmark price was last adjusted.

(2) Section 14 of the Regulations is amended by adding im- mediately after subsection (2) the following:

(2.1) Notwithstanding subsection (2), the benchmark price for mid-grade and premium unleaded gasoline shall be adjusted to be the sum of the benchmark price for Unl 87 adjusted in accordance with this

section plus (a) 3 cents per litre for mid-grade unleaded gasoline; and (b) 6 cents per litre for premium unleaded gasoline.

(2.2) Notwithstanding subsection (2), the benchmark price for a motor fuel or heating fuel that is a combination of liquid products dis- tilled from petroleum shall be adjusted to be the sum of the benchmark price adjusted in accordance with this

section for each product multi- plied by the percentage by which each product is a component of the motor fuel or heating fuel, which percentage shall be determined by the board.

(2.3) Notwithstanding the other provisions of this section, where the board determines that an alternate pricing methodology would re-

Petroleum Products Regulations (Amendment) 1/10 Extraordinary Gazette 6 January 15, 2010 sult in a benchmark price for a type of motor fuel or heating fuel which is more reasonably reflective of the cost of the fuel for or within a zone in Labrador in which th ere is an approved price freeze, the board may establish an alternative pricing methodology, including a different benchmark price adjustment

schedule for that type of motor fuel or heating fuel. (3) Subsection 14(5) of the Regulations is repealed and the following substituted:

(5) When making an adjustment under this section, the board may compel relevant information from a wholesaler or retailer, in a form prescribed by the board, and may hold a hearing where it consid- ers one is desirable. 5. The

Schedule to the Regulations is repealed and the follow- ing substituted:

Schedule Platts New York Cargo Unl 87 Platts New York Cargo No. 2 Platts New York Cargo LSD Platts New York Cargo ULSD Platts New York Cargo ULSKero Platts New York Cargo Jet Platts New York Cargo LS Jet Bloomberg Oil Buyers Guide US Propane Contract Postings Sarnia ©Earl G. Tucker, Queen's Printer

7 ST. JOHN'S, FRIDAY, JANUARY 15, 2010 Index Title of Act and Subordinate Legislation CNLR or NL Gazette Extra made thereunder NL Reg. Amendment Date & Page No. Petroleum Products Act Petroleum Products NLR 1/10 Am ends Jan 15/10 p. 3 Regulations, (Amdt.) NLR 79/01 Ss. 2, 4, 9 & 14 amdt. Sch. R&S