Gasoline Consumer Protection Act, 2003 Crozier, Bruce — Bill 58 (37th Parliament, 4th Session)

Bill 58, 37-4

Ontario — Bills

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Bill 58, Gasoline Consumer Protection Act, 2003

Crozier, Bruce

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[37] Bill 58 Original (PDF)

Bill 58 2003

An Act to provide

information to consumers

respecting the price of gasoline

and the ownership of gasoline retailers

and to require certain additional

information from

major oil companies

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,

"gasoline retailer" means a person or organization that operates a gas

station at which gasoline or another petroleum product that is used as fuel

is sold to the public and is put into fuel tanks of motor vehicles, floating

motorized watercraft or into portable containers; ("détaillant

d'essence")

"prescribed" means prescribed by regulation. ("prescrit")

Notice of price change

(1) Every gasoline retailer who

wishes to change the price at which gasoline is sold at one or more of the

gasoline retailer's gas stations shall post notice of the change at the gas

stations at least 72 hours before the change becomes effective.

Posting of notice

(2) The notice shall be posted in a conspicuous place in

accordance with the regulations.

Amount of tax indicated on price signs

(1) Every gasoline retailer

shall ensure that any sign at the retailer's gas station that advertises or

indicates the price of gas shall also indicate the amount of tax included in

the price.

Same

(2) The amount of tax indicated shall be expressed as a dollar

figure, as the number of cents per litre, and shall not be expressed as a

percentage of the indicated price of gasoline.

Affiliations disclosed

(1) Every gasoline retailer who

is affiliated with one of the major gasoline retailers shall indicate on all

signs on which the gasoline retailer's name appears and on any sales receipts

issued by the gasoline retailer to a purchaser,

(

a) that the gasoline retailer is affiliated with a major gasoline

retailer; and

(

b) the name of the major gasoline retailer with which the gasoline

retailer is affiliated.

Affiliation

(2) For the purposes of subsection (1), a gasoline retailer is

affiliated with a major gasoline retailer if,

(

a) in the case of a gasoline retailer that is a corporation, the major

gasoline retailer beneficially owns, directly or indirectly, or exercises

control or direction over, equity shares of the corporation carrying more

than 20 per cent of the voting rights attached to all equity shares of the

corporation for the time being outstanding;

(

b) in the case of a gasoline retailer that is not a corporation, the

major gasoline retailer has a controlling interest in the gasoline

retailer.

Requirements for signs and receipts

(3) The signs and receipts on which affiliations with major

gasoline retailers must be disclosed shall comply with such requirements as

may be prescribed.

Definitions

(4) In this section,

"controlling interest" means an interest in the gasoline retailer that

meets the prescribed requirements; ("intérêts

prépondérants")

"equity share" means any share or any class of shares of a corporation

that carries a voting right either under all circumstances or under some

circumstances that have occurred and are continuing; ("action

participante")

"major gasoline retailer" means any gasoline retailer that is a public

company within the meaning of the Corporations Act . ("gros

détaillant d'essence")

Segmented reports

(1) Every integrated oil company

shall prepare and file a segmented earning report with the Minister of

Consumer and Business Services annually.

Same

(2) A segmented earning report shall indicate separately the

various revenues and expenditures and total earnings for each of the

following segments of its industry:

1. Production of crude and natural gas.

2. Refining of gas products.

3. Wholesale sales and marketing.

4. Retail sales and marketing.

Same

(3) A segmented earning report shall be prepared in accordance

with the regulations and shall comply with the regulations.

Definition

(4) In this section,

"integrated oil company" means a public company within the meaning of the

Corporations Act that,

(

a) produces crude or natural gas or both,

(

b) refines the produced gas into gasoline, and

(

c) is a wholesaler and retailer of gasoline.

Regulations

6. The Lieutenant Governor in Council may make

regulations,

(

a) governing the posting of notice of a change in gas prices at a gas

station under

section 2;

(

b) governing signs that indicate the price of gas sold at a gas station

and the manner of indicating the portion of the price that is dedicated to

paying the taxes on gasoline for the purposes of

section 3;

(

c) prescribing requirements relating to the disclosure of affiliations on

signs and receipts for the purposes of subsection 4 (3);

(

d) prescribing what constitutes a controlling interest for the purposes

of clause 4 (2) (b);

(

e) governing segmented earning reports for the purposes of

section 5,

including the method of preparing such reports, their contents and the filing

of such reports.

Commencement

7. This Act comes into force on the day it receives

Royal Assent.

Short title

8. The

short title of this Act is the Gasoline

Consumer Protection Act, 2003 .

EXPLANATORY NOTE

The Bill requires every gasoline retailer to advertise a change in the

price of gasoline at the retailer's gas station at least 72 hours before

changing the price. The Bill also requires gasoline retailers to indicate on

their price signs what portion of the price is dedicated to tax.

The Bill requires gasoline retailers that are affiliated with major

gasoline retailers to indicate their affiliation on signs at their gas

stations and on the receipts issued at their gas stations.

The Bill requires large oil companies that produce, refine and market

gasoline to file segmented earning reports with the Minister of Consumer and

Business Services annually.

Date Bill stage Activity Committee

May 27, 2003

First Reading

Carried

Debates and Progress

First Reading

May

27, 2003

Second Reading

Committee

Third Reading

Royal Assent :

Coming into force :Royal Assent.

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Document details

Collection	Ontario — Bills
Citation	Bill 58, 37-4
Type	bill
Volume / chapter	p37 s4 bill 58 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	bd04e873ecda00f678e77632cf6e84d246f8d64c

Source file is stored in the law ingest library (html).