[38] Bill 80 Original (PDF)
Bill 80 2004
An Act to provide
information to consumers
respecting the price of gasoline
and the ownership of gasoline
retailers and to require certain
additional information from
major oil companies
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Definitions
1. In this Act,
"gasoline retailer" means a person or organization that operates a gas station at which gasoline or another petroleum product that is used as fuel is sold to the public and is put into fuel tanks of motor vehicles, floating motorized watercraft or into portable containers; ("détaillant d'essence")
"prescribed" means prescribed by regulation. ("prescrit")
Notice of price change
2. (1) Every gasoline retailer who wishes to change the price at which gasoline is sold at one or more of the gasoline retailer's gas stations shall post notice of the change at the gas stations at least 72 hours before the change becomes effective.
Posting of notice
(2) The notice shall be posted in a conspicuous place in accordance with the regulations.
Amount of tax indicated on price signs
3. (1) Every gasoline retailer shall ensure that any sign at the retailer's gas station that advertises or indicates the price of gas shall also indicate the amount of tax included in the price.
Same
(2) The amount of tax indicated shall be expressed as a dollar figure, as the number of cents per litre, and shall not be expressed as a percentage of the indicated price of gasoline.
Affiliations disclosed
4. (1) Every gasoline retailer who is affiliated with one of the major gasoline retailers shall indicate on all signs on which the gasoline retailer's name appears and on any sales receipts issued by the gasoline retailer to a purchaser,
(a) that the gasoline retailer is affiliated with a major gasoline retailer; and
(b) the name of the major gasoline retailer with which the gasoline retailer is affiliated.
Affiliation
(2) For the purposes of subsection (1), a gasoline retailer is affiliated with a major gasoline retailer if,
(a) in the case of a gasoline retailer that is a corporation, the major gasoline retailer beneficially owns directly or indirectly or exercises control or direction over equity shares of the corporation carrying more than 20 per cent of the voting rights attached to all equity shares of the corporation for the time being outstanding;
(b) in the case of a gasoline retailer that is not a corporation, the major gasoline retailer has a controlling interest in the gasoline retailer.
Requirements for signs and receipts
(3) The signs and receipts on which affiliations with major gasoline retailers must be disclosed shall comply with such requirements as may be prescribed.
Definitions
(4) In this section,
"controlling interest" means an interest in the gasoline retailer that meets the prescribed requirements; ("intérêts prépondérants")
"equity share" means any share or any class of shares of a corporation that carries a voting right either under all circumstances or under some circumstances that have occurred and are continuing; ("action participante")
"major gasoline retailer" means any gasoline retailer that is a public company within the meaning of the Corporations Act. ("gros détaillant d'essence")
Segmented reports
5. (1) Every integrated oil company shall prepare and file a segmented earning report with the Minister of Consumer and Business Services annually.
Same
(2) A segmented earning report shall indicate separately the various revenues and expenditures and total earnings for each of the following segments of its industry:
1. Production of crude and natural gas.
2. Refining of gas products.
3. Wholesale sales and marketing.
4. Retail sales and marketing.
Same
(3) A segmented earning report shall be prepared in accordance with the regulations and shall comply with the regulations.
Definition
(4) In this section,
"integrated oil company" means a public company within the meaning of the Corporations Act that,
(a) produces crude or natural gas or both,
(b) refines the produced gas into gasoline, and
(c) is a wholesaler and retailer of gasoline.
Regulations
6. The Lieutenant Governor in Council may make regulations,
(a) governing the posting of notice of a change in gas prices at a gas station under section 2;
(b) governing signs that indicate the price of gas sold at a gas station and the manner of indicating the portion of the price that is dedicated to paying the taxes on gasoline for the purposes of section 3;
(c) prescribing requirements relating to the disclosure of affiliations on signs and receipts for the purposes of subsection 4 (3);
(d) prescribing what constitutes a controlling interest for the purposes of clause 4 (2) (b);
(e) governing segmented earning reports for the purposes of section 5, including the method of preparing such reports, their contents and the filing of such reports.
Commencement
7. This Act comes into force on the day it receives Royal Assent.
Short title
8. The short title of this Act is the Gasoline Consumer Protection Act, 2004.
EXPLANATORY NOTE
The Bill requires every gasoline retailer to advertise a change in the price of gasoline at the retailer's gas station at least 72 hours before changing the price. The Bill also requires gasoline retailers to indicate on their price signs what portion of the price is dedicated to tax.
The Bill requires gasoline retailers that are affiliated with major gasoline retailers to indicate their affiliation on signs at their gas stations and on the receipts issued at their gas stations.
The Bill requires large oil companies that produce, refine and market gasoline to file segmented earning reports with the Minister of Consumer and Business Services annually.