- Updated to: April 17, 2009-
(Includes
Amendments Assented to May 22, 2008
and Proclaimed on January 1, 2009)
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Act)
CHAPTER P-5-1
PETROLEUM
PRODUCTS ACT
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Definitions
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1. In this Act |
Commission
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(a) "Commission"
means the Island Regulatory and Appeals Commission established under section 2 of the
Island
Regulatory and Appeals Commission Act
R.S.P.E.I. 1988, Cap. 1-11.
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consumer
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(b) "consumer" means
a person who acquires any petroleum product for that person's use and not for the purpose
of selling, exchanging or otherwise disposing thereof to any other person;
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equipment
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(c) "equipment"
includes pumps, tanks, air compressors, grease lifts or pits, grease equipment, grease
guns, air towers, light poles, flood lights or any other article or thing of any character
whatsoever used or useful in connection with outlets or service stations, or the storage,
display, sale or consumption of any petroleum product;
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facilities
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(d) "facilities"
means all parts of and services provided at an outlet, including the grounds, washrooms,
sales areas and service bays;
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heating fuel
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(e) "heating fuel"
means furnace oil, stove oil or propane of a type used primarily for generating heat;
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license
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(f) "license" means any license
issued under this Act;
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licensee
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(g) "licensee" means
any person who holds a license under this Act;
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motor fuel
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(h) "motor fuel"
means gasoline, diesel fuel or propane of a type primarily used for operating internal
combustion engines;
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outlet
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(i) "outlet" means a
station, shop, establishment, bulk storage or key lock facility, tank truck, vehicle or
other place in which any petroleum product is sold or kept for sale;
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petroleum product
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(j) "petroleum
product" means a product, distilled from petroleum, used or useful in the production
of light, heat or power, or for the purpose of lubrication, and includes heating fuel and
motor fuel and any other liquid product, whether or not distilled from
petroleum, used for one or more of those purposes;
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price
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(k) "price" means the
consideration, whether wholly or partly in money or otherwise, payable for any petroleum
product and includes any component of the consideration;
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regulations
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(l) "regulations" means the
regulations made under this Act;
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retailer
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(m) "retailer" means any person who
sells any petroleum product or keeps any petroleum product for sale directly to consumers;
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wholesaler
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(n) "wholesaler" means any person,
other than a retailer, who sells any petroleum product or keeps any petroleum product for
sale;
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wholesaler-retailer
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(o) "wholesaler-retailer" means a
wholesaler who is also a retailer.
1990,c.43,s.1; 1991,c.25,s.22 [eff.] Nov. 4/91.
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PART I |
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INTERPRETATION
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Purpose
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2.
The purpose of this Act is to regulate the distribution and sale of
petroleum products within the Province of Prince Edward Island for use
within the province, and the type, location, and operation of facilities and
equipment associated therewith, and to ensure at all times a just and
reasonable price for heating fuel and motor fuel to consumers and licensees
within the province.
1990,c.43,s.2.
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Direction to Commission
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3.
The Lieutenant Governor in Council may direct the Commission to regulate in
accordance with this Act any petroleum product.
1990,c.43,s.3.
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Determination of Commission final
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4. The
decision of the Commission is final as to whether or not any product or
mixture comes within the definitions of petroleum product, heating fuel or
motor fuel or as to whether the definitions of petroleum product, heating
fuel or motor fuel are applicable in a particular case.
1990,c.43,s.4. |
Severability
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5.
If any provision of this Act shall for any reason be adjudged by any court
of competent jurisdiction to be invalid, such judgment shall not affect,
impair or invalidate any other part of this Act which can be given
reasonable effect without the provision so adjudged invalid.
1990,c.43,s.5.
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Construction of order of
Commission
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6. If an order
of the Commission is, for any reason, found by a court to apply to interprovincial trade
in petroleum products, which is beyond the jurisdiction of the province, and to
intraprovincial trade in petroleum products, which is within the jurisdiction of the
province, the order shall be deemed to be one applying only to the intraprovincial
trade in petroleum products within the jurisdiction of the province and
shall be so applied.
1990,c.43,s.6.
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Construction of powers
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7. Where any
specific power or authority is given to the Commission by this Act, it shall
not be held to exclude any general power or authority otherwise in this Act
conferred on the Commission and the Commission shall have in addition to the
powers so specified all additional, implied and incidental powers which the
Commission may consider proper or necessary to carry out, effect, perform
and execute any and all of the powers herein conferred.
1990,c.43,s.7. |
Technical irregularity
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8.
A substantial compliance with the provisions of this Act in any proceeding
by or before the Commission shall be sufficient to give effect to all the
orders, acts and regulations of the Commission and they shall not be
declared inoperative, illegal or void for any omission of a technical nature
in respect thereof.
1990,c.43,s.8.
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PART II |
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LICENSES
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Powers re licensing
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9. (1) The
Commission has general supervision of
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(a) the licensing of wholesalers and
wholesaler-retailers with respect to the distribution of petroleum products; and
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(b) the licensing of outlets operated
by retailers, wholesalers and wholesaler-retailers.
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Delegation
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(2) The
Commission may delegate to any officer or agent such powers in relation to
the issue or renewal of licenses as the Commission may determine.
1990,c.43,s.9.
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Distribution license
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10. Every
wholesaler and wholesaler-retailer shall obtain annually from the Commission
a license authorizing the distribution of petroleum products, or any one or
more of them, within the province.
1990,c.43,s.10. |
Outlet license
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11. Every
retailer, wholesaler and wholesaler-retailer shall obtain annually from the
Commission a license in respect of each outlet operated by that retailer,
wholesaler and wholesaler-retailer authorizing the operation of that outlet.
1990,c. 43,s.11. |
Form of license
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12. (1) A
license may be issued for the sale of petroleum products generally or may be limited to
one or more products or mixtures coming within the definition of petroleum product and, in
the case of a limited license, each product may be described or designated by the name by
which it is commonly known.
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Exemption
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(2) For the
purposes of subsection (1), the Commission may exempt such products or
mixtures as it considers advisable.
1990,c.43,s.12.
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Conditions, etc.
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13.
The Commission may attach to any license such privileges, terms, conditions,
limitations and restrictions as, in the opinion of the Commission, the
circumstances may require.
1990,c.43,s.13.
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Expiration
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14. Unless
otherwise ordered by the Commission, every license shall expire on March 31
in the year following its issue.
1990,c.43,s.14. |
Extension
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15.
The Commission has the authority to extend the operation of any license for
such period beyond the date of expiry as it considers advisable.
1990,c.43,s.15.
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Unlicensed distribution, etc.
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16. (1) No
wholesaler or wholesaler-retailer shall bring into the province, cause another to bring
into the province or distribute within the province, any petroleum product unless that
wholesaler or wholesaler-retailer holds a license authorizing such activities, and then
only as specified in the license and subject to this Act and the regulations. |
Sale from unlicensed outlet
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(2) No
retailer, wholesaler or wholesaler-retailer shall sell or furnish any petroleum product or
keep any petroleum product for sale at an outlet unless that retailer, wholesaler or
wholesaler-retailer is the holder of a license with respect to each such outlet, and then
only as specified in the license and subject to this Act and the regulations. |
Sale to unlicensed retailer,
etc.
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(3) No
wholesaler shall sell or furnish any petroleum product to a retailer, wholesaler or a
wholesaler-retailer who does not hold a license with respect to the outlet to which the
petroleum product is delivered or a license authorizing the sale or delivery. |
Purchased from unlicensed person
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(4) No
retailer shall sell or furnish any petroleum product or keep any petroleum product for
sale unless that retailer has purchased the petroleum product from a licensed wholesaler
or wholesaler-retailer.
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Contravention
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(5)
Contravention of this section is just cause for the suspension or
cancellation of a license.
1990,c.43,s.16.
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Transfer
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17.
No license is transferable except as authorized by the Commission.
1990,c.43,s.17.
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Effect of license
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18.
No license shall confer any perpetual or exclusive right.
1990,c.43,s.18.
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Class of license
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19.
The Commission may from time to time designate the form, the method of
dispensing and the class or classes of licenses which may be issued.
1990,c.43,s.19.
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Criteria to be considered
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20.
When issuing a license with respect to the operation of an outlet operated
by a retailer, the Commission shall consider the public interest,
convenience and necessity by applying such criteria as the Commission may
from time to time consider advisable including but not restricted to the
demand for the proposed service, the location of the outlet, traffic flows
and the applicant's record of performance.
1990,c.43,s.20.
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Equipment and facilities
requirements |
21. Every
license issued with respect to the operation of an outlet shall be issued
only on compliance with such requirements as to equipment and facilities and
the payment of such fees as the Commission may determine.
1990,c.43,s.21. |
Special permit for
above-ground tank
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21.1
Notwithstanding any provision of the regulations, the Lieutenant Governor in
Council may issue a special permit authorizing the storage of motor fuels in
above-ground tanks at a retail outlet which serves the motoring public.
1997,c.34,s.1.
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Form
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22.
Every application for a license shall be made on a form prescribed by the
Commission and shall set forth fully the information required by such form,
and shall be supported by such other information as the Commission considers
necessary.
1990,c.43,s.22.
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Suspension and cancellation
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23. (1) The
Commission may, without a hearing, at any time suspend the operation of any license for a
period not to exceed ten days or, for cause and after a hearing of which not less than
eight days notice shall have been given to the licensee, may cancel the license.
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Failure to provide service
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(2) The
Commission may cancel a license in respect of any outlet which fails to provide service to
the public for a period exceeding sixty days.
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Amendment of license |
(3) The
Commission may at any time amend a license or attach to any license such terms, conditions
or restrictions, not inconsistent with this Act, as it may consider advisable.
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Idem
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(4) Any
licensee may apply to the Commission to amend any term, condition or
restriction attached to the license.
1990,c.43,s.23.
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Renewal |
24. (1) The
Commission shall, before granting a renewal of any license authorizing the distribution of
any petroleum product within the province, give due consideration to the necessity of
ensuring an adequate supply of product in the province with respect to the following year
and may refuse to renew any license if, in the opinion of the Commission, the quantity to
be brought or caused to be brought into the province by that licensee will be inadequate
to meet the demand therefor.
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Idem
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(2) The
Commission shall, before granting a renewal of any license with respect to the operation
of any outlet, give due consideration to the quantity of petroleum product sold in the
previous year from the outlet and to the quality of service which the outlet renders to
the community which it serves and the Commission may refuse to renew any license if, in
the opinion of the Commission, the quantity of product sold or the quality of service
rendered is inadequate. |
Hearing
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(3) The
Commission shall conduct a hearing with respect to any refusal to renew a
license if the licensee or former licensee affected makes a written request
to the Commission for such a hearing within ten days after notice of the
refusal has been delivered to the licensee or former licensee.
1990,c.43,s.24.
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Application for renewal
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25. (1) Every
application for a renewal of a license shall be made on a form prescribed by the
Commission and shall set forth fully the information required by such form, and shall be
supported by such other information as the Commission considers necessary.
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Time for application
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(2) If the
application for the renewal of any license is not made within sixty days after the
expiration of the license, the Commission, in considering applications for licenses for
the area served by the licensee, may assume that no application for renewal of the license
will be made.
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Late application
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(3) Except as
otherwise ordered by the Commission, every application made more than sixty
days after the expiration of the license shall be considered by the
Commission as if it is being made in respect of a new license.
1990,c.43,s.25.
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Display of
license
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26.
Every license issued with respect to an outlet and every identification
sticker issued in conjunction with such license shall be conspicuously
displayed in the manner required by the Commission.
1990,c.43,s.26.
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PART III |
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PRICING
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Powers of Commission
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27. The Commission
has general supervision of all wholesalers, wholesaler-retailers and retailers with
respect to the pricing of heating fuel and motor fuel, including the authority to regulate
the timing and frequency of price changes and without restricting the generality of the
foregoing, the Commission has the power to determine
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(a) the price and any change in the
price of heating fuel and motor fuel; and
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(b) the
minimum and maximum markup between the wholesale price to the retailer and
the retail price to the consumer of heating fuel and motor fuel.
1990,c.43,s.27.
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Classification |
28. (1) The
Commission may from time to time designate and define classes of consumers and licensees
to whom wholesalers and wholesaler-retailers sell heating fuel and motor fuel or for whom
wholesalers and wholesaler-retailers keep such products for sale.
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Idem
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(2) Any person aggrieved by a
classification accorded under subsection (1) may, in writing, request the
Commission to review the classification and may make representations to the
Commission but the decision of the Commission after such review is final as
to the designation of classes and as to the consumers and licensees to be
included in each class.
1990,c.43,s.28. |
Wholesale price
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29. (1) The price
charged by a wholesaler or wholesaler-retailer for each grade of heating fuel and motor
fuel shall be a common and universal price to all retailers throughout the province.
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Posted consumer price
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(2) The posted
consumer price of each wholesaler or wholesaler-retailer for each grade of
heating fuel and motor fuel shall be common and universal throughout the
province.
1990,c.43,s.29.
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Price
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30. No retailer,
wholesaler or wholesaler-retailer shall sell heating fuel or motor fuel at a price
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(a) different from the price last
approved by the Commission or the price last filed by the wholesaler or
wholesaler-retailer under section 33.1, whichever is later, unless otherwise ordered by
the Commission; or
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(b) reflecting a markup that is not
within the minimum and maximum markup determined by the Commission.
1990,c.43,s.30;
1991,c.18,s.22 [eff.] Nov. 4/91.
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Criteria |
31.
In determining the price or a change in the price of heating fuel or motor
fuel, the Commission shall apply such criteria as it may from time to time
consider advisable.
1990,c.43,s.31.
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Application for approval of
change in price |
32. Except for a
wholesaler or wholesaler-retailer to whom section 33.1 applies an applicant seeking
approval for a change in the price of heating fuel or motor fuel shall file with the
Commission a statement setting out
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(a) the price last approved by the
Commission or the price last filed by the applicant under section 33.1 whichever is later;
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(b) the proposed price for each
grade of heating fuel or motor fuel for which approval is sought;
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(c) the date on which the proposed price is to be
effective;
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(d) a description of the class of
consumers or licensees to whom the applicant proposes to sell or offer for sale heating
fuel or motor fuel at the proposed price;
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(e) the reasons for the change in price; and
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(f) such other information as is
requested by the Commission either generally or specifically.
1990,c.43,s.32;
1991,c.18,s.22 [eff.] Nov. 4/91.
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Interim order
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33. The
Commission may, at any time after the filing of an application for approval
of a price change and prior to an order made pursuant to subsection 36(1),
make an interim order or orders determining the temporary price of the
heating fuel or motor fuel referred to in the statement.
1990,c.43,s.33. |
Decrease in price
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33.1 A wholesaler
or wholesaler-retailer proposing to decrease the prices of all heating fuel and motor fuel
products listed in its pricing schedules by the same amount shall
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(a) file with the Commission a notice setting out |
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(i) the price last approved by the
Commission, or the price last filed pursuant to this section, whichever is later,
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(ii) the amount of the decrease,
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(iii) the date on which the
decrease is to be effective, which shall be not less than forty-eight hours after the
filing of the notice,
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(iv) the reasons for the decrease,
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(v) such other information as is
requested by the Commission, either generally or specifically; and
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(b) reduce its prices in accordance
with the notice. 1991,c.18,s.22 [eff.] Nov. 4/91.
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Price change wholly due to
taxation
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34. Where the
proposed price as specified in an application for approval of a price change reflects a
change in the price that is wholly attributable to changes in taxation, the Commission
shall be deemed to have issued an order approving as just and reasonable the proposed
price, on the later of |
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(a) the date of the filing of the statement; and
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(b) the date
on which the change in taxation is to be effective.
1990,c.43,s.34.
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Hearing
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35. (1) The
Commission may, within sixty days of the filing of the statement, give notice to the
applicant directing the applicant to appear before it at a hearing for the purpose of
making a submission to assist the Commission to determine the just and reasonable price of
the heating fuel or motor fuel referred to in the statement.
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Extension of time |
(2) A hearing
ordered under subsection (1) shall be held, and the order of the Commission with respect
to the price to which such hearing relates shall be made within ninety days of the filing
of the statement but the ninety day period may be extended by the Commission with the
consent of the applicant.
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Appearance
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(3) If an
applicant fails to appear at the hearing as directed under subsection (1),
the Commission may proceed in the absence of the applicant.
1990,c.43,s.35.
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Notice to appear
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35.1 (1) The
Commission may, at any time, give notice to a wholesaler or wholesaler-retailer directing
the wholesaler or wholesaler-retailer to appear before it at a hearing for the purpose of
making a submission to assist the Commission in determining whether or not the prices
being charged by that wholesaler or wholesaler-retailer for heating fuel or motor fuel are
just and reasonable.
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Failure to appear
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(2) If a
wholesaler or wholesaler-retailer fails to appear at the hearing as directed under
subsection (1), the Commission may proceed in the absence of the wholesaler or
wholesaler-retailer. 1991,c.18,s.22 [eff.] Nov. 4/91.
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Price set to be just and
reasonable
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36. (1) If, in the
opinion of the Commission, the price in effect or the price change requested for heating
fuel or motor fuel is
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(a) just and reasonable, then the
Commission by order shall confirm the existing price or approve the requested change; or
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(b) not just and reasonable, then
the Commission by order shall determine the price which in its opinion is just and
reasonable and the price so determined shall be effective on the date set out in the
order.
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Onus
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(2) The onus is
on the wholesaler or wholesaler-retailer to prove that the price in effect or the price
change requested is just and reasonable.
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Application of order
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(3) Subject to
notice and a reasonable opportunity to be heard, the Commission's order may be extended to
similar classes of consumers and licensees of any or all licensed wholesalers or
wholesaler-retailers operating in the province.
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Hearing
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(4) The
Commission may make an order pursuant to subsection (1) without holding a hearing.
1991,c.18,s.22 [eff.] Nov. 4/91.
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Order |
37.
The Commission shall issue an order approving as just and reasonable the
proposed price as specified in the statement on or before the sixty-first
day after the filing of the statement in the event that no notice is issued
pursuant to subsection 35(1).
1990,c.43,s.37.
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PART IV |
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PUBLIC HEARINGS
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Public hearing |
38. (1) The
Commission of its own motion may, and on the request of the Lieutenant Governor in Council
shall, conduct a public hearing in respect of any matter involving licensing under this
Act and any matter relating to the administration of this Act or the regulations.
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Notice
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(2) Notice of a
hearing referred to in subsection (1) shall be published in a newspaper in Prince Edward
Island having a general circulation in the area affected and such notice shall be
circulated at least ten days before the date fixed for the public hearing and shall
contain such information in addition to the date, time and place of the hearing as the
Commission considers necessary.
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Order
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(3) The Commission may, in its
discretion, upon completion of a hearing referred to in subsection (1), make
such order as it considers just and reasonable.
1990,c.43,s.38. |
Application for price
change
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39. (1) The
Commission may hold a public hearing in respect of any application by a wholesaler,
retailer or wholesaler-retailer seeking approval for a change in the price of heating fuel
or motor fuel.
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Notice
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(2) Notice of a
hearing under subsection (1) shall be published in the manner set out in subsection 38(2).
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Order |
(3) The
Commission may by order approve, disapprove or vary the price change applied
for. 1990,c.43,s.39.
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Public hearing initiated by
Commission or Lieutenant Governor in Council
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40. (1) The
Commission on its own motion may, and on the request of the Lieutenant Governor in Council
shall, conduct a public hearing in respect of prices charged or proposed to be charged by
a wholesaler, retailer or wholesaler-retailer for heating fuel or motor fuel.
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Notice
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(2) Notice of a
hearing under subsection (1) shall be published in the manner set out in subsection 38(2).
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Order
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(3) When the
Commission has held a public hearing pursuant to subsection (1), it may by order determine
what in its opinion is the just and reasonable price or prices of heating or motor fuel
specified in the notice of hearing and order any or all licensees to sell or offer for
sale the heating fuel or motor fuel to any or all licensees or consumers at the price
determined.
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Retroactive effect
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(4) The
Commission may order that any price determined under subsection (3) shall be
retroactive to any specified date, but in no case earlier than the date on
which notice of the public hearing is given under subsection (2), in which
case the order shall contain provision for the reimbursement or compensation
of retailers or consumers, in such manner as the Commission considers
appropriate
1990,c.43,s.40.
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PART V |
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PENALTIES
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Penalties imposed by Commission
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41. If any person |
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(a) violates or participates in
violating this Act, its regulations or any order of the Commission or of any court having
jurisdiction over matters dealt with under this Act;
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(b) causes or participates in
causing another person directly or indirectly to violate this Act, the regulations, or any
order of the Commission or of any court having jurisdiction over matters dealt with under
this Act;
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(c) fails, neglects, omits, or
refuses to do any act or thing required of that person by this Act, the regulations, or
any order of the Commission or of any court having jurisdiction over matters dealt with
under this Act; or
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(d) causes or participates in
causing another person, directly or indirectly, to fail, neglect, omit, or refuse to do
any act or thing required of that licensee by this Act, the regulations, or any order of
the Commission or of any court having jurisdiction over matters dealt with under this Act,
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that person is liable to a penalty
imposed by the Commission of not more than $5,000.
1991,c.18,s.22 [eff.] Nov. 4/91.
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Penalty
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42. Repealed by 1991,c.18,s.22 [eff.]
Nov. 4/91.
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Continuing violation
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43. Each and every
day during which a prohibited activity subject to a penalty pursuant to section 41 is
continued shall give rise to a separate and distinct liability to a penalty pursuant to
that section. 1991,c.18,s.22 [eff.] Nov. 4/91.
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Vicarious liability
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44. The act,
failure, neglect, omission or refusal of any officer, agent or other person acting for or
employed by any licensee, acting within the scope of his employment, shall in every case
be deemed to be the act, failure, neglect, omission or refusal of the licensee.
1990,c.43,s.44.
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Recovery of penalty
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45. If the amount
of any penalty imposed under this Act is not paid within fifteen days after the imposition
thereof, the Commission, in addition to any other remedies under this Act, may proceed to
recover the amount in the same manner as for the recovery of assessments.
1990,c.43,s.45.
1991,c.18,s.22 [eff.] Nov. 4/91.
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PART VI |
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INVESTIGATION AND COMPLAINTS
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Investigations
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46.
The Commission of its own motion may, and on the request of the Lieutenant
Governor in Council shall, conduct examinations or investigations into any
matter over which it has jurisdiction under this Act, and may hold a hearing
in connection with any such examination or investigation.
1990,c.43,s.46.
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Appointment of investigator
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47.
The Commission may, either with or without notice to a licensee, make an
order appointing a person to make at any time or from time to time any
examinations or investigations as, in the opinion of the Commission, are
reasonable and necessary in order to carry out the purposes of this Act.
1990,c.43,s.47.
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Complaint against licensee
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48.(1) The
Commission may hold a hearing in respect of any complaint made against a licensee and in
such case shall notify the licensee complained of as to the nature of the complaint and
the time, date and place of the hearing.
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Witnesses
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(2) In a
hearing under this section, the licensee and the complainant shall be
entitled to be heard and witnesses shall be permitted to attend to give
evidence on their behalf.
1990,c.43,s.48.
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PART VII |
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POWERS AND PROCEDURE
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Procedures
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49. The Commission may
prescribe generally the procedures to be followed under this Act, including
but not restricted to the power to consolidate the hearings of any matter
pending before it, authorize any person to appear on a hearing as an
intervenor in a personal or representative capacity or both, permit any
evidence to be taken by commission or discovery, and apply, where
applicable, any of the rules of court.
1990,c.43,s.49; 2008,c.20,s.71. |
Evidence
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50. (1) The
Commission, or any member thereof, shall have the power of summoning any persons as
witnesses and of requiring them to give evidence on oath orally or in writing, and to
produce such documents and things as the Commission or any member thereof considers
requisite to the full investigation of the matters into which the Commission or any member
is authorized to inquire.
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Powers
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(2) The
Commission, or any member thereof, shall have the same power to enforce the attendance of
persons as witnesses and to compel them to give evidence and produce documents and things
as is vested in the Supreme Court or a judge thereof in civil cases and the same
privileges and immunities as a judge of the Supreme Court shall apply.
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Recording evidence
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(3) The
Commission, or any member thereof, may cause the evidence of witnesses residing within or
without the province to be taken in the manner prescribed by law for like depositions in
civil actions in the Supreme Court.
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Oath
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(4) Any member
of the Commission may administer the oath to any witness.
1990,c.43,s.50.
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Delegation of authority
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51.
The Commission may authorize any one or more of its members to inquire into
and report upon any matter within the jurisdiction of the Commission or
pending before it under this Act or the regulations, and when so authorized,
the member of the Commission shall, for the purpose of taking evidence or
obtaining information for such report, have all the powers of the
Commission.
1990,c.43,s.51.
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Information
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52. (1) The
Commission, or any person appointed by the Commission to make any examinations or
investigations, may at any time require a licensee to furnish to it upon request
information and documentation that is within the knowledge or control of the licensee, or
is of the nature and kind that would be expected by the Commission to be within the
licensee's knowledge or control, and which in the opinion of the Commission is relevant to
the carrying out of the provisions of this Act.
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Inspection of records |
(2) The
Commission, or any person appointed by the Commission, shall upon demand have the right to
inspect the books, accounts, papers, records and memoranda of any licensee and the
Commission shall have the power to examine under oath any officer, agent or employee of a
licensee in relation to the business and affairs of the licensee.
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Failure to supply information
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(3) Any
officer, agent or employee of any licensee who fails or refuses to fill out
and return forms as required by this Act or by the Commission under this
Act, or fails or refuses to answer any questions, or evades the answers to
any question where there exists the means of ascertaining the information
required, or who upon demand fails or refuses to exhibit to the Commission
or any member thereof, or any person authorized to examine the same, any
book, paper, account or memorandum of the licensee which is in the
licensee's possession or control, is guilty of an offence.
1990,c.43,s.52.
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Records
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53.
A full and complete record shall be kept of all proceedings before the
Commission on any formal hearings or investigations.
1990,c.43,s.53.
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Pending litigation
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54. The pendency
of any suit, prosecution or proceeding in any court involving questions of
fact shall not deprive the Commission of jurisdiction to hear and determine
the same facts.
1990,c.43,s.54.
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Copy of order
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55.
Upon application of any person, the Commission shall furnish certified
copies of any order made by it which shall be evidence of the facts stated
therein.
1990,c.43,s.55.
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Recitals re
jurisdiction
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56. No order
of the Commission need show that any proceeding was held, any notice given,
or any circumstances existed, giving it jurisdiction to make the order.
1990,c.43,s.56. |
Effect of order
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57. (1) An order
of the Commission shall remain in full force and effect and be binding upon such persons
or classes of persons as provided in the order unless it lapses pursuant to a provision of
this Act or is amended or terminated by further order of the Commission. |
Amendment, etc.
of order
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(2) An order of
the Commission made under one section of this Act may be amended or terminated by an order
made under another section of this Act as well as under the section under which it was
first made.
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Contracts
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(3) No order of
the Commission shall mean or be construed to mean that a contract between parties is
affected except to the extent that it is necessary to carry out the terms and conditions
of such order.
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Idem
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(4) Every order of the
Commission which affects a contract between parties shall be deemed to so
affect every such contract without a specific or special order so declaring.
1990,c.43,s.57. |
Parties
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58. Where any
person has the status of a party or is an intervenor in any hearing before the Commission,
he is entitled
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(a) to appeal the decision of the
Commission to the Court of Appeal; and
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(b) to participate as a party in the hearing of an
appeal,
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and an appeal shall be on a
question of law or jurisdiction only and be governed by section 13 of the Island
Regulatory and Appeals Commission Act. R.S.P.E.I. 1988, Cap. 1-11.
1990,c.43,s.58;
1991,c.18,s.22; 2008,c.20,s.71. |
Vacancy
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59.
No vacancy in the Commission shall impair the right of the remaining members
of the Commission to act under this Act or the regulations.
1990,c.43,s.59.
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Quorum
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60.
Two members of the Commission shall form a quorum and may exercise all the
powers of the Commission under this Act or the regulations provided that
where there is no opposing party and no notice to be given to any interested
party any one member of the Commission may act alone for the Commission.
1990,c.43,s.60.
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PART VIII |
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GENERAL PROVISIONS
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Contract may not exclude
application of orders
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61. A
provision, term or condition in an agreement or contract that provides that
the contract is terminated or that a licensee is permitted or authorized, or
purports to permit or authorize, a licensee to reduce, limit or cease to
supply any petroleum product or services on the ground that an enactment or
an order of a judicial body, administrative board or governmental agency,
board or department prevents any price or change in price provided for
therein from being effective or becoming effective is null and void and of
no effect.
1990,c.43,s.61. |
Pumps, etc. marking of
grades |
62. All pumps and
other containers at any outlet from which any petroleum product is sold or offered for
sale shall, in the manner required by the Commission, be plainly and conspicuously
labelled or marked with the kind and grade of any petroleum product being sold or offered
for sale therefrom, according to such grades or classifications as may be
approved by the Commission, or approved by other competent authority and
accepted by the Commission, and all petroleum products sold or offered for
sale under the respective grades must comply with such specifications or
classifications.
1990,c.43,s.62.
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Service standards
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63. (1) Every
retailer or wholesaler who sells or keeps petroleum products for sale directly to
consumers shall render to his customers such prompt, safe and efficient service and shall
provide such services, equipment and facilities as are prescribed and as are reasonable
and adequate for the kind or type of outlet operated.
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Contravention
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(2) Failure to
comply with this section is just cause for the suspension or cancellation of
a license.
1990,c.43,s.63.
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Minimum supply
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64.
No wholesaler shall sell at any one time a lesser quantity of motor fuel or
heating oil than one hundred and eighty litres and no wholesaler or
wholesaler-retailer shall be required to deliver a quantity of motor fuel or
heating oil less than one hundred and eighty litres.
1990,c.43,s.64.
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Promotional activities
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65. The Commission
has general supervision of promotional activities with respect to the sale of motor fuel
and heating fuel, and without restricting the generality of the foregoing
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(a) a retailer cannot be required
to participate in promotional activities sponsored by a wholesaler;
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(b) wholesaler sponsored
promotional activities must be offered and made available to all branded retailers
supplied by the wholesaler;
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(c) the cost of all promotional
activities must be included in the wholesale price of the motor fuel and heating fuel; and
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(d) no
wholesaler shall claim or recover in any manner, either directly or
indirectly, from a retailer, the cost or any part of the cost of
promotional activities sponsored by the wholesaler.
1990,c.43,s.65.
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PART IX |
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REGULATIONS
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Regulations
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66. The Commission
may, with the approval of the Lieutenant Governor in Council, make regulations in respect
of matters for which no express provision, or only partial or imperfect provision, has
been made. 1991,c.18,s.22 [eff.] Nov. 4/91.
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National emergency
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67. The Commission
may regulate the distribution of petroleum products in the province in the event of a
declaration of a national emergency under the Energy Supplies Emergency Act R.S.C.
1985, Chap. E-9 and may make such regulations in this respect as it
considers appropriate.
1990,c.43,s.67.
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PART X |
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REPEAL AND COMMENCEMENT
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Repeal
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68.
Act repealed.
1990,c.43,s.68.
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Commencement
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69.
This Act came into force on February 1, 1991 by proclamation of the
Lieutenant Governor in Council.
1990,c.43,s.69.
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