PART I PUBLISHED BY AUTHORITY Vol. 76 ST.

JOHN'S, FRIDAY, NOVEMBER 23, 2001 No. 47 URBAN AND RURAL PLANNING ACT TOWN OF PLACENTIA MUNICIPAL PLAN AMENDMENTS NO.’s 5, 9 AND 10, 2000 AND DEVELOPMENT REGULATIONS NO.’ s 8, 13 and 14, 2000 NOTICE OF APPROVAL TAKE NOTICE that the Honourable Oliver Langdon, Minister of Municipal and Provincial Affairs, has approved the Town of Placentia Municipal Plan Amendments No.’s 5, 9 and 10, 2000 a nd Development Regulations Amendment No.’s 8, 13 and 14, 2000, made and adopted pursuant to the Urban and Rural Planning Act , by the Council of the Town of Placentia, on the 24 th day of October, 2000.

The purpose of Municipal Plan Amendment No. 5, 2000 is to establish an “Industrial” land use policy and designation. Development Re gulations Amendment No. 8, 2000 creates an Industrial Use Zone Table setting the uses and conditions for development in the Industrial zone. The purpose of Municipal Plan Amendment No. 10, 2000 is to designate land in the vicinity of the realigned Pointe Verde Road (Highway 100) to “Industrial” and “Commercial Special” to accommodate an existing garage and the Department of Works, Servi ces and Transportation depot.

Development Regulations Amendment No. 14, rezones this land from “Residential”, “Rural Infill” and “Commercial Special” to “Industrial” and from “Residential” to Commercial Special”. The purpose of Municipal Plan Amendment No. 9, 2000 is to revise Rural policy to provide for seasonal residential development in re mote areas along ATV trails. Development Regulation Amendment No. 13, 2000 adds provisions for seasonal residential development to the Rural Use Zone Table.

These Municipal Plan Amendments and Development Regulations Amendments come into effect on the day of publication of this notice in The Newfoundland Gazette, and any person who wishes to inspect a copy of it may do so at the Town of Placentia or at the Urban and Rural Planning Division, Department of Municipal and Provincial Affairs, Confederation Build ing West Block, St. John’s, Newfoundland. S.N.

CLINTON, M.C.I.P Director, Urban and Rural Planning Nov 23 TRUSTEE ACT ESTATE NOTICE IN THE MATTER OF the Estate and Effects of Arthur Sheppard, late, of the Town of Bay L’argent, in the Province of Newfoundland, Trawler Captain, deceased.

All persons claiming to be creditors of or who have any claims or demands upon or affecting the Estate of Arthur Sheppard, late of the Town of Bay L’Argent, in the Province of Newfoundland, Trawlor Captain, deceased, are hereby requested to send particulars of the same in writing, duly attested, to the undersigned Solicitors for the Executrix of the Estate on or before the 4 th day of January, 2002 after which date the said Executrix will proceed to distribute the said Executrix will proceed to distribute the said Estate having regard only to the claims of which she shall then have had notice.

DATED at the Town of Marystown, in the Province of Newfoundland, this 8 th day of November, 2001.

THE NEWFOUNDLAND GAZETTE November 23, 2001 616 PICCO & WHITE LAW OFFICE Solicitors for the Executrix Per: Terry D. White ADDRESS FOR SERVICE: P. O. Box 1176 195-197 McGettigan Boulevard Marystown, NF A0E 2M0 Nov 23 ESTATE NOTICE IN THE MATTER OF the Estate and Effects of the late Robert Elijah Alley, late of the Community of St. David’s, in the Province of Newfoundland, retired railway worker, deceased. All persons claiming to be creditors of or who have any claims or demands upon or affecting the Estate of Robert Elijah Alley, late of the Community of St.

David’s, in the Province of Newfoundland, deceased, are hereby requested to send the particulars of the same in writing, duly attested, to the undersigned Solicitor for the Administratrix of the Estate on or before the 17 th day of December, 2001, after which date the said Administratrix will proceed to distribute the said Estate having regard only to the claims of which notice shall have been received. DATED at Stephenville, Newfoundland, this 14 th day of November, 2001. MILLS & GALLANT Solicitor for the Administrator Per: Susan H. Gallant ADDRESS FOR SERVICE: P. O.

Box 447, 87 Gallant Street Stephenville, NF A2N 3A3 Nov 23 LANDS ACT NOTICE OF INTENT Lands Act,

Chapter 36, S.N. 1991 Notice is hereby given that the Municipality of Triton intends to apply to the Department of Government Services and Lands, two months from the publication of this notice, to acquire title, pursuant to

Section 7(2)(

e) of the said Act, to that piece of Crown Land situated within fifteen metres of the waters of Great Triton Harbour in the Electoral District of Windsor-Spri ngdale, Newfoundland, for the purpose of public docking facility and being more particularly described as follows: Bounded on the North by Crown Land for a distance of 90 m; Bounded on the East by Route 380 for a distance of 35m; Bounded on the South by Donald S. Roberts for a distance of 90m; Bounded on the West by Triton Harbour for a distance of 35m; and containing an area of approximately 3150 square metres.

Any person wishing to object to the application must file the objection, in writing, within one month from the date of publication of this noti ce, with reasons for it, to the Minister of Government Serv ices and Lands, c/o Central Regional Lands Office, P. O. Box 2222, Gander, NF., A1V 2N9. For further information regarding the proposed application, please contact Sandy Winsor, Town Clerk, (709-203-2264) Requests for information on the processing of Crown Land applications under

Section 7(2) of the Lands Act, may be sent to the Central Regional Office at the above address. Telephone (709) 729-3699. Nov 23 CHANGE OF NAME ACT ------------------- C-8 RSN 1990 ------------------- NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services and Lands for a change of name, pursuant to the provisions of the Change of Name Act, by me:- THERESA VICTORIA ST.GEORGE/NORMAN of 45 Spruce Avenue, Mount Pearl, A1N 1A5, in the Province of Newfoundland, as follows: To change my unmarried child’s name from DAISY RAE JACQUELYN ST.

GEORGE to DAISY-RAE JACQUELYN NORMAN DATED this 16th day of November, 2001. THERESA VICTORIA ST. GEORGE/NORMAN (Signature of Applicant) Nov 23

THE NEWFOUNDLAND GAZETTE November 23, 2001 617 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services and Lands for a change of name, pursuant to the provisions of the Change of Name Act, by me:- TAMMY ANGELINE TEMPLEMAN of P. O. Box 429, Shoal Harbour, A0C 2L0, in the Province of Newfoundland, as follows: To change my unmarried child’s name from TAMARA ANGELINE HOLLOWAY to TAMARA ANGELINE TEMPLEMAN DATED this 23rd day of October, 2001.

TAMMY TEMPLEMAN (Signature of Applicant) Nov 23 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services and Lands for a change of name, pursuant to the provisions of the Change of Name Act, by me:- CECILIA CAROL SKANES (KITCHEN) of Main Street, Bell Island, in the Province of Newfoundland, as follows: To change my name from CECILIA CAROL SKANES (KITCHEN) to CAROL CECILIA SKEHANS (KITCHEN) (SKEHANS) DATED this 7th day of November, 2001.

CECILIA CAROL SKANES (KITCHEN)) (Signature of Applicant) Nov 23 NOTICE OF APPLICATION FOR CHANGE OF NAME NOTICE is hereby given that an application will be made to the Minister of Government Services and Lands for a change of name, pursuant to the provisions of the Change of Name Act, by me:- DIANE MARY SKANES (KING) of East End, Bell Island, in the Province of Newfoundland, as follows: To change my name from DIANE MARY SKANES (KING) to DIANE MARY SKEHANS (KING) (SKEHANS) DATED this 7th day of Nov, 2001. DIANE MARY KING (Signature of Applicant) Nov 23

THE NEWFOUNDLAND GAZETTE November 23, 2001 618 CORPORATIONS ACT Re: The Corporations Act –

Section 286 The following list comprises companies which were issued Certificates of Amendment during the month of October, 2001.

THE NEWFOUNDLAND GAZETTE November 23, 2001 619

THE NEWFOUNDLAND GAZETTE November 23, 2001 620 Re: The Corporations Act –

Section 286 The following list comprises companies which have changed their names during the month of October, 2001.

THE NEWFOUNDLAND GAZETTE November 23, 2001 621

THE NEWFOUNDLAND GAZETTE November 23, 2001 622 Re: The Corporations Act –

Section 335 The following list comprises companies which have been dissolved under Articles of Dissolution during the month of October, 2001.

THE NEWFOUNDLAND GAZETTE November 23, 2001 623

THE NEWFOUNDLAND GAZETTE November 23, 2001 624 Re: The Corporations Act –

Section 393 The following is a list of corporations incorporated during the month of October, 2001.

THE NEWFOUNDLAND GAZETTE November 23, 2001 625

THE NEWFOUNDLAND GAZETTE November 23, 2001 626

THE NEWFOUNDLAND GAZETTE November 23, 2001 627

THE NEWFOUNDLAND GAZETTE November 23, 2001 628

THE NEWFOUNDLAND GAZETTE November 23, 2001 629

THE NEWFOUNDLAND GAZETTE November 23, 2001 630

THE NEWFOUNDLAND GAZETTE November 23, 2001 631

THE NEWFOUNDLAND GAZETTE November 23, 2001 632 Re: The Corporations Act –

Section 443 The following is the list of the Extra-Provincial companies which were issued Certificates of Registration during the month of October, 2001.

THE NEWFOUNDLAND GAZETTE November 23, 2001 633

THE NEWFOUNDLAND GAZETTE November 23, 2001 634 Re: The Corporations Act –

Section 451 The following list comprises companies which have changed their names during the month of October, 2001.

THE NEWFOUNDLAND GAZETTE November 23, 2001 635

THE NEWFOUNDLAND GAZETTE November 23, 2001 636 Re: The Corporations Act –

Section 294 The following list comprises companies which were brought about by amalgamation during the month of October, 2001.

THE NEWFOUNDLAND GAZETTE November 23, 2001 637 Re: The Corporations Act –

Section 331 The following is a list of companies issued Certificates of Revival for the month of October, 2001.

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 76 ST. JOHN'S, FRIDAY, NOVEMBER 23, 2001 No. 47 NEWFOUNDLAND REGULATIONS NR 79/01

November 23, 2001 The Newfoundland Gazette 531 NEWFOUNDLAND REGULATION 79/01 Petroleum Products Regulations under the Petroleum Products Act (O.C. 2001-705) (Filed November 16, 2001) 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, November 16, 2001. Deborah E. Fry Clerk of the Executive Council REGULATIONS Analysis 1.

Short title 2.

Definitions 3. Information to be provided 4. Periodic reports 5. Zone criteria 6. Point of sale 7. Components of the maxi- mum price 8. Confidentiality 9. Initial setting of the bench- mark price 10. Initial setting of the total allowed mark-up 11. Initial setting of the allowed wholesale mark-up 12. Applicable taxation 13. Allowed service costs 14. Periodic adjustment timing 15. Application for change in maximum price

Schedule

Petroleum Products Regulations 79/01 November 23, 2001 The Newfoundland Gazette 532 1. These regulations may be cited as the Petroleum Products Regulations. 2.

In these regulations (a) "benchmark" means, with respect to a type of heating fuel or motor fuel, the corresponding product classification utilized by Platts under the heading "Product Price Assessments, New York Cargo", and as set out in the Schedule; (b) "Bloombergs" means Bloombergs Oil Buyers Guide; (c) "maximum retail price" mean s the petroleum product base price for a type of heating fuel or motor fuel, which consti- tutes the maximum price chargeable by a retailer to a con- sumer for that type of heating fuel or motor fuel; (d) "maximum wholesale price" means the petroleum product base price for a type of heat ing fuel or motor fuel, which constitutes the maximum price chargeable by a wholesaler to a retailer for that type of heating fuel or motor fuel; (e) "Platts" means Platts Oilgram Price Report; and (f) "point of sale" means (

i) with respect to the sale of heating fuel or motor fuel by a wholesaler to a retailer, the location of the outlet from which the retailer intends to sell the heating fuel or mo- tor fuel to consumers, or (ii) with respect to the sale of heating fuel or motor fuel by a retailer to a consumer, the location at which the heat- ing fuel or motor fuel is delivered to the consumer. 3.

(1) Within 30 days after these regulations come into force, every wholesaler and retailer shall provide the commissioner, in writing, with (

a) the name of an individual and his or her position title, desig- nated by the wholesaler or reta iler, to receive all notices, de- cisions, requests, correspondence and other communications from the commissioner on behalf of that wholesaler or re- tailer; and

Short title

Definitions Information to be provided

Petroleum Products Regulations 79/01 November 23, 2001 The Newfoundland Gazette 533 (

b) contact information for the whol esaler or retailer, including where possible (

i) a mailing address; (ii) a telephone number, (iii) a facsimile number, and (iv) an electronic mail address.

(2) A person who becomes a wholesaler or retailer after these regulations come into force shall provide the commissioner with the information set out in subsection (1) within 30 days of becoming a wholesaler or retailer.

(3) Where the Act or these regulations require the commissioner to inform a wholesaler or retailer of a decision taken by the commis- sioner, the commissioner shall inform the wholesaler or retailer in the manner that the commissioner consid ers appropriate af ter considering the information provided under subsection (1) or (2).

(4) Where a decision of the commissioner affects all retailers or wholesalers or a number of eith er, the commissioner may inform them of the decision by using a general means including a newspaper in cir- culation in the province.

(5) A wholesaler or retailer shall inform the commissioner of any changes to the contact information submitted under subsection (1) or (2). 4.

(1) The commissioner may require wholesalers to submit writ- ten reports on a quarterly basis containing: (

a) the name, location, zone or sub-zone, and type of retailer to whom motor fuels or heating fuels are sold or held for re- selling to consumers; (

b) the volumes of each product sold to each retailer by outlet totalled in litres on a monthly basis; (

c) the average monthly price of each product identified in para- graph (

b) including taxes and excluding taxes; and Periodic reports

Petroleum Products Regulations 79/01 November 23, 2001 The Newfoundland Gazette 534 (

d) the amounts of each type of taxes identified in the totals referred to in paragraph (c).

(2) The commissioner may require retailers to submit written reports for retail motor fuel outlets on a quarterly basis containing (

a) the name, location, zone or sub-zone, and type of each retail outlet at which petroleum fuels are sold to consumers; (

b) the type and capacity in litres of each storage tank at each outlet by type and grade of product; (

c) the volumes of each type or grade of fuel sold totalled in litres on a monthly basis; (

d) the volume of each product sold through self-serve pumps and through full service pumps totalled in litres on a monthly basis; and (

e) the daily pump prices for each type, grade and service mode for each product for the period.

(3) The commissioner may require retailers to submit written reports for retail heating fuels on a quarterly basis as follows: (

a) the name, location, and operating zone or sub-zone areas of each retailer of heating fuels; (

b) a description of the method by which the retailer purchases products from a wholesaler; (

c) the name of each wholesal er and volumes purchased from each by product type and volum e in litres on a monthly ba- sis; (

d) the capacity in litres of each tank-truck the heating fuel re- tailer uses to deliver products to consumers; (

e) the capacity in litres of each st orage tank if the retailer draws product from a designated bulk storage plant; (

f) the volumes of each type or grade of fuel sold totalled in litres on a monthly basis; and

Petroleum Products Regulations 79/01 November 23, 2001 The Newfoundland Gazette 535 (

g) the delivered tank wagon pr ice for each type and grade of heating fuel sold to consumers for the period.

(4) A retailer shall record the starting price for the period and then indicate the changes and effectiv e dates, if any, of price adjust- ments during the reporting period.

(5) The commissioner shall keep confidential all information supplied to him or her by wholesalers and retailers of heating fuel and motor fuel under this

section except where the release of the informa- tion is approved by the wholesaler or retailer who provided it.

(6) A request by the commissioner under this

section shall be made in writing and shall indicate the date on which a response to the request must be submitted to the commissioner. 5.

(1) The commissioner for the purpose of dividing the province into zones shall consider (

a) the prices that have been charged to retailers and consumers for heating fuel and motor fuel throughout the province, for the period of time that the commissioner considers appropri- ate; (

b) those factors and costs that may explain the differences, if any, between the prices that have been charged to retailers and consumers for heating fuel and motor fuel throughout the province for the period of time considered appropriate by the commissioner under paragraph (a), including, (

i) transportation costs, (ii) volume of sales, (iii) storage costs, (iv) distributions costs, and (

v) inventory turnover rates; and (

c) the other considerations that the commissioner considers relevant. Zone criteria

Petroleum Products Regulations 79/01 November 23, 2001 The Newfoundland Gazette 536

(2) The commissioner shall inform wholesalers and retailers as to the zones he or she has established. 6.

(1) A wholesaler shall not charge a price to a retailer for heating fuel or motor fuel greater than the maximum wholesale price for the zone within which the point of sale is located.

(2) A retailer shall not charge a price to a consumer for heating fuel or motor fuel greater than the maximum retail price for the zone within which the point of sale is located.

(3) Notwithstanding subsections (1) and (2), the commissioner may, in accordance with the Act and these regulations, set a different maximum wholesale price or retail pr ice that a wholesaler or retailer may charge for heating fuel or motor fuel within a zone. 7.

(1) For each type of heating fu el and motor fuel, the maximum retail price shall be the sum of (

a) the benchmark price; (

b) the total allowed mark-up; (

c) applicable taxation; and (

d) any allowed service costs.

(2) For each type of heating fuel and motor fuel, the maximum wholesale price shall be the sum of (

a) the benchmark price; (

b) the allowed wholesale mark-up; and (

c) applicable taxation.

(3) For the purpose of establishing the maximum wholesale price or maximum retail price of heating fuel or motor fuel, the com- missioner may hold a hearing where he or she considers one is desir- able. Point of sale Components of the maximum price

Petroleum Products Regulations 79/01 November 23, 2001 The Newfoundland Gazette 537 8. Unless authorized by the commi ssioner, a wholesaler or retailer shall not disclose to any other person a price established by the com- missioner before the date on which the price comes into force. 9.

(1) For each type of motor fuel and heating fuel, the benchmark price shall 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 4 week period immediat ely preceding the date on which the maximum wholesale price or maximum retail price is to take effect.

(2) The commissioner shall use daily noon exchange rates pub- lished by the Bank of Canada for the purpose of converting United States currency to Canadian currency.

(3) The benchmark price determined by the commissioner shall be expressed in Canadian cents per litre or other unit of measurement appropriate to the petroleum product. 10.

(1) For each type of motor fuel and heating fuel, the commis- sioner shall, for the purpose of esta blishing the total allowed mark-up, consider (

a) the historical margin between product prices for the bench- mark and the prices that have been charged to consumers within the province or zone for the type of heating fuel or motor fuel, excluding applicable taxation, for the period of time that the commissioner considers appropriate; (

b) whether the historical margins identified as a result of para- graph (

a) are reasonable, taking into account (

i) transportation costs, (ii) volume of sales, (iii) storage costs, (iv) distributions costs, and (

v) inventory turnover rates; and (

c) that the maximum retail price only sets a maximum price for the sale of motor fuel and heating fuel by retailers to con- Confidentiality Initial setting of the benchmark price Initial setting of the total allowed mark- up

Petroleum Products Regulations 79/01 November 23, 2001 The Newfoundland Gazette 538 sumers and should, to the extent possible, allow competition between retailers within a zone or the province; and (

d) the other considerations that the commissioner considers relevant.

(2) The commissioner may establish a different maximum retail price that a retailer may charge for a type of heating fuel or motor fuel within a zone by establishing a different total allowed mark-up for that retailer by taking into consideration (

a) whether a different total allowed mark-up would be fair and reasonable taking into account the (

i) transportation costs, (ii) volume of sales, (iii) storage costs, (iv) distributions costs, and (

v) inventory turnover rates of the retailer in comparison to other retailers within the zone; and (

b) the other considerations that the commissioner considers relevant.

(3) The total allowed mark-up shall be expressed in Canadian cents per litre or other unit of measurement appropriate to the petro- leum product. 11.

(1) After the total allowed mark-up for a type of heating fuel or motor fuel has been established, the commissioner shall establish the allowed wholesale mark-up for that ty pe of heating fuel or motor fuel by taking into consideration, (

a) the historical margin between the benchmark price and the prices that have been charged to retailers within the province or a zone for the type of heating fuel or motor fuel, exclud- Initial setting of the allowed wholesale mark-up

Petroleum Products Regulations 79/01 November 23, 2001 The Newfoundland Gazette 539 ing applicable taxes, for the period the commissioner con- siders appropriate; (

b) whether the historical margins identified as a result of para- graph (

a) are reasonable, taking into account (

i) transportation costs, (ii) volume of sales, (iii) storage costs, (iv) distribution costs, and (

v) inventory turnover rates; and (

c) that the maximum wholesale price only sets a maximum price for the sale of motor fuel and heating fuel by wholesal- ers to retailers and should, to the extent possible, allow com- petition between wholesalers within a zone or the province.

(2) The commissioner may establish a different maximum wholesale price that a wholesaler ma y charge for a type of heating fuel or motor fuel within a zone by establishing a different allowed whole- sale mark-up taking into consideration (

a) whether a different allowed wholesale mark-up would be fair and reasonable taking into account the (

i) transportation costs, (ii) volume of sales, (iii) storage costs, (iv) distributions costs, and (

v) inventory turnover rates of the wholesaler in comparis on to other wholesalers within the zone; and

Petroleum Products Regulations 79/01 November 23, 2001 The Newfoundland Gazette 540 (

b) the other considerations that the commissioner considers relevant.

(3) The allowed wholesale mark-up shall be expressed in Cana- dian cents per litre or other unit of measurement appropriate to the petroleum product. 12. The applicable taxation shall be the amount of taxation payable by a wholesaler or retailer in respect of a type of heating fuel or motor fuel and shall be expressed in Cana dian cents per litre or other unit of measurement appropriate to the petroleum product. 13.

(1) The commissioner may establish an allowed service cost in respect of a particular service offered by retailers to consumers in rela- tion to a type of heating fuel or motor fuel that is not reflected in the benchmark price, total allowed mark-up or applicable taxation.

(2) When establishing an allowed service cost, the commis- sioner shall consider the costs to the retailer to provide the service to consumers.

(3) The maximum retail price for a type of heating fuel or motor fuel shall only include the allowed service cost if the particular service has been provided or will be provided to the consumer by the retailer.

(4) The allowed service cost shall be expressed in Canadian cents per litre or other unit of measurement appropriate to the petro- leum product. 14.

(1) The commissioner shall adjust the benchmark price for each type of motor fuel and heating fuel on a monthly basis, but where cir- cumstances warrant, the commissioner may adjust prices at other times.

(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, during the period immediately following (

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

b) where the benchmark price has been previously adjusted, the date on which the benchmark price was last adjusted. Applicable taxation Allowed service costs Periodic adjustment timing

Petroleum Products Regulations 79/01 November 23, 2001 The Newfoundland Gazette 541

(3) The commissioner may, at any time, adjust the total allowed mark-up or allowed wholesale mark-u p for a type of heating fuel or motor fuel taking into consideration (

a) whether an adjustment would be reasonable given changes, if any, to (

i) transportation costs, (ii) volume of sales, (iii) storage costs, (iv) distributions costs, and (

v) inventory turnover rates since the total allowed mark-up or allowed wholesale mark- up was last established by the commissioner; and (

b) the other considerations that the commissioner considers relevant.

(4) The commissioner may, at an y time, adjust the allowed service cost for a type of motor fuel or heating fuel, after considering whether an adjustment would be reasonable given changes to the costs to the retailer to provide the service to consumers since the allowed service cost was last established by the commissioner.

(5) When making an adjustment under this section, the commis- sioner may hold a hearing where he or she considers one is desirable.

(6) Where the commissioner adjusts the benchmark price, the total allowed mark-up, the allowed wholesale mark-up, or the allowed service cost he or she shall inform wholesalers and retailers of the ad- justment and the date on which the new maximum wholesale price or maximum retail price comes into effect.

(7) Where a decision of the commissioner affects all retailers or wholesalers or a number of eith er, the commissioner may inform them of the decision by using a general means including a newspaper in cir- culation in the province.

Petroleum Products Regulations 79/01 November 23, 2001 The Newfoundland Gazette 542 15.

(1) Where a wholesaler or retailer applies for a change in price under subsection 8(1) of the Act, the commissioner may set a new maximum wholesale price or maximu m retail price that the applicant may charge for a type of heating fu el or motor fuel within a zone by adjusting (

a) the total allowed mark-up or wholesale mark-up for the ap- plicant; (

b) the allowed service cost; or (

c) both the total allowed mark-up and the allowed service cost.

(2) The commissioner may adjust the total allowed mark-up or wholesale mark-up for the applicant, taking into consideration (

a) whether a change would be reasonable as a result of a change to (

i) transportation costs, (ii) volume of sales, (iii) storage costs, (iv) distributions costs, and (

v) inventory turnover rates since the total allowed mark-up or allowed wholesale mark- up was last established by the commissioner; and (

b) the other considerations that the commissioner considers relevant.

(3) The commissioner may adjust the allowed service cost for an applicant, after considering whether an adjustment would be reasonable as a result of a change to the costs to the retailer to provide the service to consumers since the allowed service cost was last established by the commissioner. Application for change in maximum price

Petroleum Products Regulations 79/01 November 23, 2001 The Newfoundland Gazette 543

Schedule Benchmark Motor Fuel/Heating Fuel Platts New York Cargo Unl 87 Regular Unleaded Gasoline Platts New York Cargo Unl 89 Mid-grade Unleaded Gasoline Platts New York Cargo Super Unl 93 Premium Unleaded Gasoline Platts New York Cargo LS No. 2 Low Sulphur Diesel Platts New York Cargo No. 2 Furnace Oil Platts New York Cargo No. 2 Stove Oil Bloomberg's Oil Buyers Guide Sarnia Propane Propane ©Earl G. Tucker, Queen's Printer

THE NEWFOUNDLAND GAZETTE November 23, 2001 545 Index

PART I C h a n g e o f N a m e A c t — A p p l i c a t i o n s .................................................................... 6 1 6 C o r p o r a t i o n s A c t — N o t i c e s ........................................................................... 6 1 8 L a n d s A c t — N o t i c e ................................................................................. 6 1 6 T r u s t e e A c t — N o t i c e s................................................................................ 6 1 5 U r b a n a n d R u r a l P l a n n i n g — N o t i c e o f A p p r o v a l .......................................................... 6 1 5

PART II CONTINUING INDEX OF SUBORDINATE LEGISLATION Title of Act and Subordinate Legislation CNR or Nfld. Gazette made thereunder Nfld. Reg. Amendment Date & Page No. Petroleum Products Act Petroleum Products Regulations 79/01 Extra Gazette Nov 23/01, p. 531 Nov 16/01

THE NEWFOUNDLAND GAZETTE November 23, 2001 546 Legislative History of the Judicature Act, 1791-1988 Price $25.00 plus G.S.T. (Plus $2.00 postage and handling) Place your order by contacting: Office of The Queen's Printer, Confederation Building, East Block, St. John's, Nfld. A1B 4J6. Telephone: (709) 729-3649 Fax: (709) 729-1900 Government Information Product Publication Rate Mail G.S.T. # R107442683 All requests for Subscription and Legislation MUST be prepaid. The Newfoundland Gazette is published from the office of Earl G. Tucker, Queen's Printer.

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