2003 BILL 11

	11


Fifth Session, 44th General Assembly 52 Elizabeth II, 2003
BILL 11
AN ACT TO AMEND THE PETROLEUM PRODUCTS ACT
Received and Read the First Time
Second Reading
Committee
Third Reading
Royal Assent
HONOURABLE GEORGE SWEENEY Minister of Government Services and Lands
Ordered to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

Clause 1 of the Bill would amend the Petroleum Products Act to require a wholesaler or retailer of petroleum products to give prior notice to the commissioner of an opening, closure or change of status of a wholesale or retail outlet.

Clause 1 of the Bill would also allow the commissioner to determine who is a retailer or wholesaler of petroleum products for the purpose of the Act.

Clause 2 of the Bill would provide for an increase in penalties that may be imposed by the commissioner for failure to comply with the Act.

Clause 3 of the Bill would create an offence for failure to comply with the Act.

Clause 4 of the Bill would transfer authority to make regulations from the Lieutenant-Governor in Council to the Minister of Government Services and Lands.

Clause 5 of the Bill would amend the Act to reflect the fact that the commissioner's office no longer relies on an amount voted by the legislature to defray its expenses.

Clause 6 of the Bill would authorize the commissioner to borrow money.

A BILL

AN ACT TO AMEND THE PETROLEUM PRODUCTS ACT
Analysis

1. Ss.12.1 and 12.2 Added
12.1 Prior notice of
opening, closure etc. of
outlet
12.2 Declaration of
wholesaler, retailer

2. S.18 R&S
Administrative penalties

3. S.19.1 Added
Offence and penalty

4. S.23 Amdt.
Regulations

5. S.24(1) R&S
Budget

6. S.24.1 Added
Authority to borrow

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SNL2001 cP-10.1

1. The Petroleum Products Act is amended by adding immediately after section 12 the following:

Prior notice of opening, closure etc. of outlet

12.1 A wholesaler or a retailer shall provide the commissioner with 30 days prior notice in writing of the opening, closure or change of status of a wholesale or retail outlet owned or operated by the wholesaler or retailer.

Declaration of wholesaler, retailer

12.2 (1) The commissioner may, for the purpose of determining

(a) whether a sale of a petroleum product is one to which this Act applies; or

(b) whether a seller of a petroleum product is a wholesaler or a retailer,

and following the investigation the commissioner considers necessary, make a declaration whether

(d) a seller of a petroleum product is a wholesaler or a retailer,

within the meaning of this Act.

(2) A declaration of the commissioner under subsection (1) is binding on the persons named in it.

(3) Notwithstanding subsection (2), a person aggrieved by a declaration of the commissioner under subsection (1) may, in writing, request the commissioner to review the declaration and may make representations to the commissioner, but the decision of the commissioner following the review is final and binding on the persons named in the declaration.

2. Section 18 of the Act is repealed and the following substituted:

Administrative penalties

18. Where a person

(a) violates or participates in violating this Act, its regulations, or an order of the commissioner;

(b) causes or participates in causing another person directly or indirectly to violate this Act, the regulations, or an order of the commissioner;

(c) fails, neglects, omits, or refuses to do an act or thing required of that person by this Act, the regulations, an order of the commissioner or a declaration of the commissioner under section 12.2; or

(d) causes or participates in causing another person, directly or indirectly, to fail, neglect, omit, or refuse to do an act or thing required of that retailer by this Act, the regulations, or an order of the commissioner,

the person is liable to a penalty imposed by the commissioner of not less than $5,000 nor more than $100,000.

3. The Act is amended by adding immediately after section 19 the following:

Offence and penalty

19.1 (1) A person who fails to comply with a provision of this Act or an order or directive of the commissioner is guilty of an offence and liable on summary conviction to a fine of not less than $5,000 nor more than $100,000.

(2) Each day or part of a day during which an offence continues constitutes a separate offence.

4. Section 23 of the Act is amended by striking out the words "The Lieutenant-Governor in Council" and substituting the words "The minister".

5. Subsection 24(1) of the Act is repealed and the following substituted:

Budget

24. (1) The commissioner annually shall submit to the minister for his or her approval a budget containing estimates of the sums that will be required for the payment of salaries, allowances and expenses of the commissioner's office during the next ensuing fiscal year.

6. The Act is amended by adding immediately after section 24 the following:

Authority to borrow

24.1 The commissioner may, in a fiscal year, borrow money but shall not, in a fiscal year, incur, contract for or become liable for a debt that is more than the estimated expenditure set out in the commissioner's annual budget unless previously approved by the minister.