[36] Bill 28 Original (PDF)
Bill 28
Bill 281999
An Act to prohibit discrimination in the
supply of gas and diesel oil to retail dealers
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Purpose
1. The purpose of this Act is to prohibit discrimination in the supply of gasoline and diesel oil to retail dealers, thereby encouraging the participation of independent dealers in the retail gasoline and diesel oil market.
Definitions
2. In this Act, "
affiliated dealer" means a dealer,
(a)that is a division of a supplier,
(b)that is wholly or partially owned by a supplier,
(c)that has entered into a long-term supply arrangement with a supplier, or
(d)that charges the general public a price for gasoline or diesel oil that is set by a supplier; ("dtaillant membre du mme groupe") "
credit terms" means the terms under which a dealer must pay for gasoline or diesel fuel provided to it by a supplier, and includes the length of time in which the dealer must pay, and the rate of interest charged; ("modalits de crdit") "
dealer" means a person, or a division of a supplier, that is engaged in the business of selling gasoline or diesel oil to the general public for ultimate consumption; ("dtaillant") "
Director" has the same meaning as in the Gasoline Handling Act; ("directeur") "
posted rack price" means the price at which gasoline or diesel oil is made available to a dealer; ("prix affich au dpt") "
supplier" means a person that is engaged in the business of providing gasoline or diesel oil to a dealer for resale to the general public for ultimate consumption; ("fournisseur") "
unaffiliated dealer'' means a dealer that is not an affiliated dealer. ("dtaillant non membre du mme groupe'')
Discrimination prohibited
3. (1) No supplier shall discriminate unfairly between affiliated and unaffiliated dealers when providing gasoline or diesel oil to dealers.
Discrimination defined
(2) For the purpose of subsection (1), a supplier discriminates unfairly if the supplier,
(a)makes gasoline or diesel oil available to affiliated and unaffiliated dealers at different times or in different quantities;
(b)makes gasoline or diesel oil available to affiliated and unaffiliated dealers at a different posted rack price, except to the extent that the difference in price results from a volume discount that is available to affiliated and unaffiliated dealers;
(c)makes gasoline or diesel oil available to affiliated and unaffiliated dealers on different credit terms; or
(d)influences an affiliated dealer to sell gasoline or diesel oil to the general public at a price that is not higher than the posted rack price at which the supplier makes gasoline or diesel oil available to unaffiliated dealers.
Filing of posted rack prices
4. A supplier shall file with the Director the posted rack prices at which it makes gasoline and diesel oil available to dealers, in a manner prescribed by regulation.
Publication of posted rack prices
5. The Director shall make public the information provided to him or her under section 4 in a manner prescribed by regulation.
Right to compensation
6. A dealer who incurs loss or damage as a result of a contravention of section 3 has the right to compensation for the loss or damage from the supplier who contravened that section.
Contractual discrimination void
7. If compliance with a provision in a contract would constitute unfair discrimination under subsection 3 (2), the provision is void and is severable from the contract.
Offence
8. A supplier who contravenes this Act is guilty of an offence and shall be liable on conviction to a fine not exceeding,
(a)$1,000 in the case of an individual; or
(b)$10,000 in the case of a corporation.
Regulations
9. The Lieutenant Governor in Council may make regulations,
(a)prescribing the manner for filing information under section 4;
(b)prescribing the manner for making information public under section 5;
(c)respecting any matter considered necessary or advisable to carry out the intent and purpose of this Act.
Commencement
10. This Act comes into force on the day it receives Royal Assent.
Short title
11. The short title of this Act is the Fair Gasoline Marketing Practices Act, 1999.
Fair Gasoline Marketing Practices Act, 1999
EXPLANATORY NOTE
The Bill prohibits wholesale suppliers of gasoline and diesel oil from discriminating unfairly between dealers who are affiliated with suppliers, and dealers who are not. Unfair discrimination includes wholesaling to affiliated and unaffiliated dealers at different prices or credit terms, and influencing affiliated dealers set retail prices at or below the supplier's posted rack price to unaffiliated dealers. Suppliers must file their posted rack prices with the Director, who must make them public.