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- Updated to: June 24, 2003 -
CHAPTER P-5.1
PETROLEUM PRODUCTS ACT
REGULATIONS
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Made by the Public Utilities Commission,
pursuant to section 66 of the
Petroleum Products Act
R.S.P.E.I. 1988, Cap. P-5.1.
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Compliance
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1.
(1) Every
licensee shall comply with the provisions of the Act and these regulations, and shall
conduct its business or exercise its privileges in accordance with the class, terms,
conditions and restrictions of the license under which it operates.
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Licensee
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(2) For the
purposes of these regulations, "licensee" includes employees,
representatives or agents of the licensee.
(EC38/91)
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Fire prevention
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2.
(1)
Every
licensee shall comply with the Fire Prevention Act R.S.P.E.I. 1988, Cap. F-11, and
the regulations, codes and standards adopted thereunder.
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Portable containers
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(2) No
licensee shall dispense or allow to be dispensed motor fuel into any portable container
which does not meet the requirements of the Fire Prevention Act. |
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Nozzles
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(3) No
motor fuel shall be dispensed through a nozzle which is not in accordance with the
requirements of the Fire Prevention Act and the Island Regulatory and
Appeals Commission. |
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Venting
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(4) All
vent pipes of storage facilities must be kept at a height and in a location that allows
for adequate and safe venting of fumes in accordance with the Fire Prevention Act
and the requirements of the Commission.
(EC38/91; 639/93)
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Inventory
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3. Every
licensee shall keep in inventory sufficient petroleum products to supply
public demand adequately, having regard to its traditional business demands.
(EC38/91)
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Grades
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4.
(1)
The
Commission shall determine the grades of petroleum products permitted to be sold in the
province.
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Identification, pumps
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(2)
Petroleum product grades shall be identified on the pumps at all retail outlets in the
province.
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Identification, storage containers
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(3)
Licensees shall ensure that all of their tanks or other storage containers of petroleum
products are clearly marked in letters and figures identifying the grade of quality of the
petroleum products contained within them.
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Identification, containers
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(4) No licensee shall place, or allow to be placed or stored for sale, a
petroleum product in a container that is incorrectly identified or marked
with respect to that petroleum product.
(EC38/91) |
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Mixing grades
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5.
No licensee shall mix any grade or quality of gasoline or other petroleum
product with any other grade or quality of gasoline or other petroleum
product for resale unless such mixture has been authorized by order of the
Commission. (EC38/91)
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Minimum specifications for each grade
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6. No
licensee shall sell or offer for sale any petroleum product that does not
comply with the minimum specifications for the type or grade of petroleum
product as issued by the Canadian General Standards Board or the Island
Regulatory and Appeals Commission.
(EC38/91; 639/93)
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Grades to be offered
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7.
Every retail outlet which offers for sale at least two grades of gasoline
shall offer for sale, as a minimum requirement, regular unleaded and premium
unleaded grades of gasoline. (EC38/91)
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Pump islands
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8. The
outside edges of pump islands located at retail outlets shall be positioned as follows:
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(a) at least 45 feet from the
centreline of 66-foot wide highways; |
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(b) at least 65 feet from the centreline of 100-foot wide
highways; |
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(c) as
ordered by the Commission where the outlet is located adjacent to a highway
of a width not specified above.
(EC38/91)
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Stickers etc.
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9.
Licensees shall attach such stickers or other identification to pumps,
vehicles or other equipment as required by the Commission.
(EC38/91)
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Fill pipe requirements
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10. Every
retailer shall keep the fill pipe to each storage facility of his outlet
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(a) locked when
not in use; |
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(b) painted in a colour approved by the Commission to identify the grade or
quality of the petroleum product stored in the facility; and |
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(c) tagged with a tag to
be provided by the wholesaler that clearly identifies the grade or quality
of petroleum product stored in the facility.
(EC38/91) |
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General standards re tidiness etc.
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11.
(1)
Every licensee shall at all times
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(a) keep its outlet, including pumps, signs,
lights, and associated facilities, in good repair, fully serviced, painted, and in a clean
and tidy condition; |
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(b) keep the grounds of its outlet clean and free from any
accumulation of discarded tires, car parts and other forms of rubbish or junk.
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Other requirements
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(2) Every
retailer of motor fuels shall at all times
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(a) provide competent, trained
pump attendants for the dispensing of motor fuels at manned outlets and at split-service
outlets; |
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(b) provide competent, trained console operators to control the
dispensing of motor fuels at self-service outlets and at split-service outlets; |
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(c) post the hours of operation in a conspicuous manner on a sign
clearly visible to the public; |
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(d) dispense diesel fuel only from pumps utilized exclusively for that
product. (EC38/91)
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Delivery vehicles
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12. Every
vehicle used in the delivery of heating fuel or motor fuel to a consumer shall
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(a) have conspicuously attached
to it the name and address of the licensee, in letters and figures easily legible; |
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(b) be
equipped with printing metering equipment that meets the requirements of the
Weights and Measures Division of the Department of Consumer and Corporate
Affairs (Canada). (EC38/ 91)
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Fuel storage
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13.
Except
as provided for under section 21.1 of the Act and with the exception of propane, every
motor fuel stored at retail outlets which serve the motoring public, shall be stored in
underground facilities which comply with the requirements of the Petroleum Storage Tank
Regulations (EC187/90) made under the
Environmental Protection Act
R.S.P.E.I. 1988, Cap. E-9.
(EC639/97)
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Pumps
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14.
(1) All
pumps used at retail outlets shall be of a type approved by the Department of Consumer and
Corporate Affairs (Canada) and the Commission.
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Price, volume and
total cost |
(2) No pump shall be used at a retail outlet unless it indicates the price
per litre, the volume dispensed, and the total cost of the sale.
(EC38/91) |
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Prices, to retailers
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15. Prices
charged by a wholesaler or wholesaler-retailer to retailers for each grade
of heating fuel or motor fuel shall be in cents per litre to the nearest
one-tenth of a cent. (EC38/91) |
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Opening hours
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16. Outlets
shall be open during normal business hours in order to provide a reasonable
opportunity for the public to purchase petroleum products and obtain other
services associated with the sale thereof.
(EC38/91)
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Fuelling of boats, etc.
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17.
(1)
No
ship, boat, vessel or other watercraft shall be fuelled from a tank truck on a wharf,
port, dock or other berthing facility where the fuel required is accessible from a
licensed fixed fuelling facility.
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Idem, written authorization
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(2) Where
watercraft are unable to access the required fuel from fixed fuelling facilities, the
authority having jurisdiction at that wharf, port, dock or other berthing facility may
issue a written authorization to a licensee to fuel watercraft at that location from a
tank truck for a specific period, in which case the licensee must file a copy
of the authorization with the Commission.
(EC639/97)
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Direct fuelling by distributor
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18.
(1)
No
retail distributor shall deliver fuel directly to the fuel supply system of any vehicles
required to be registered pursuant to the Highway Traffic Act R.S.P.E.I.
1988, Cap. H-5 with the exception that "special mobile equipment" as defined in
that Act and which does not require inspection thereunder may be fuelled with diesel fuel
from tank trucks at job sites.
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Exception |
(2) Notwithstanding subsection (1), a retail distributor shall, when requested, deliver diesel
fuel directly into the fuel supply systems of vehicles in excess of 3,200 kilograms in
weight at the following job sites:
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(a) produce trucks at farms while
actively engaged in planting or harvesting crops; |
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(b) pulp trucks at forestry, lumber or pulp mills while actively
engaged in harvesting wood chips or logs; |
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(c) dump trucks at excavation pits while actively engaged in
construction by moving fill, gravel, sand, topsoil, or asphalt.
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Prohibition
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(3)
Nothing in subsection (2) shall be read as permitting roadside fuel
deliveries by tank trucks. (EC762/98)
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Reports by wholesalers
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19.
(1) Every wholesaler shall provide the Commission with reports respecting the sales of
petroleum products to retailers in the province for such periods and including such
information as the Commission may specify.
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Records by wholesalers
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(2) Every
wholesaler shall keep the following records at its primary accounting office in the
province, for a period of not less than two years:
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(a) records showing the movement
of all petroleum products between refinery or supply depot and each storage distribution
facility; |
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(b) a consolidation of all storage distribution facilities' sales
readily reconcilable with returns submitted to the Commission for each storage
distribution facility; |
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(c) a monthly summary of all sales in Prince Edward Island to
enable monthly and yearly returns to be completed; |
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(d) company audit reports of each storage distribution facility; |
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(e) complete daily inventory and movement of each petroleum
product received by and distributed from each terminal, bulk plant, bulk station or other
storage facility together with the stock transfer, stock control and stock adjustment
vouchers; |
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(f) a
summary of daily sales with full information as to the name of the
purchaser, number of the invoice, quantity, grade and price of the petroleum
product sold, supported by a copy of each invoice in numerical sequence with
the above information. (EC38/91)
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Sales etc. between wholesalers
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20.
Petroleum products sold, exchanged or transferred by one wholesaler to
another shall not be included in computing the volumes of petroleum products
sold by a wholesaler licensed under this Act.
(EC38/91) |
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Returns by retailers
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21.
Every
retailer shall make such returns and provide such information respecting its business as
the Commission may require and shall keep, for not less than two years
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(a) a record of all purchases of
petroleum products supported by records of daily meter readings; |
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(b) a
daily record of all sales of petroleum products supported by records of
daily meter readings. (EC38/91)
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Access to records
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22.
(1) Subject to subsection (2), records kept pursuant to sections 19 and 21 shall be kept in a
central location in the province, and shall be available for examination, during normal
business hours, by any member of the Commission or any other person authorized for that
purpose by the Commission.
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Exemption
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(2) The Commission may allow an exemption from subsection (1) upon such terms
as it may consider necessary. (EC38/91)
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Change of user [sic] use of outlet
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23.
(1)
No
change in use of any portion of any outlet shall be made by a licensee without the prior
approval of the Commission.
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Conditions
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(2) The
Commission may require such information and make such conditions for its
approval under this section as the Commission considers necessary.
(EC38/91)
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Cancellation
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24.
The Commission may cancel a license that has been surrendered by the licensee
without holding a hearing. (EC38/91)
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Alterations
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25. No
licensee shall install or alter any storage facilities or dispensing equipment
at any outlet without the prior written permission of the Commission.
(EC38/91)
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Application
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26.
Application shall be made to the Commission in the event of a change of
class, mode, location, owner, operator, supplier or tank truck.
(EC38/91)
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Prohibition of sale
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27. The
Commission may at any time prohibit the storage or sale of any petroleum
product at any outlet. (EC38/91)
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Liquid petroleum gas
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28. No
licensee shall distribute, directly or indirectly, liquid petroleum gas unless certified
to do so by the Office of the Attorney General.
(EC38/91; 639/93; 699/00)
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Insurance
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29. A
licensee shall carry such public liability insurance as may be required by the
Commission. (EC38/91)
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