BILL 60 An Act to Amend the Gasoline, Diesel Oil and Home Heating Oil Pricing Act

BILL 60

An Act to Amend the Gasoline, Diesel Oil and Home Heating Oil Pricing Act

 

 

 

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 The Gasoline, Diesel Oil and Home Heating Oil Pricing Act, chapter G-3.1 of the Acts of New Brunswick, 1987, is amended by adding after section 8 the following:

 

8.1(1) A retailer who keeps for sale or sells gasoline to a consumer shall provide to the Minister, in such form and manner, at such times and within and for such periods as the Minister may require, all or such of the following information as the Minister may from time to time require:

(a) for each grade or kind of gasoline sold or offered for sale by the retailer and based on whether the gasoline was sold or offered for sale at a full-service outlet or at a self-service outlet,

 

(i) the price or prices per litre at which gasoline was sold or offered for sale by the retailer,

(ii) a list of all of the components, including the monetary value of each of those components, that make up the price or prices per litre at which gasoline was sold or offered for sale by the retailer, including any component attributable to any lease, lease back or other contractual agreement that exists between the retailer and a wholesaler, and

(iii) the volume of gasoline sold by the retailer;

(b) for each grade or kind of gasoline offered for sale by the retailer, the volume of gasoline held in storage by the retailer;

(c) the location, mailing address and names of the persons responsible for the operation of the retailerís facilities; and

(d) such other information as the Minister may require.

8.1(2) A wholesaler who keeps for sale or sells gasoline to a person other than a consumer shall provide to the Minister, in such form and manner, at such times and within and for such periods as the Minister may require, all or such of the following information as the Minister may from time to time require:

(a) for each grade or kind of gasoline sold or offered for sale by the wholesaler,

(i) the price or prices per litre at which gasoline was sold or offered for sale by the wholesaler,

(ii) a list of all of the components, including the monetary value of each of those components, that make up the price or prices per litre at which gasoline was sold or offered for sale by the wholesaler, including any component attributable to any lease, lease back or other contractual agreement that exists between the wholesaler and a retailer, and

(iii) the volume of gasoline sold by the wholesaler;

(b) for each grade or kind of gasoline offered for sale by the wholesaler, the volume of gasoline held in storage by the wholesaler;

(c) the location, mailing address and names of the persons responsible for the operation of the wholesalerís facilities; and

(d) such other information as the Minister may require.

8.1(3) All information received under subsections (1) and (2) is confidential and shall not be disclosed except as provided in this section.

 

8.1(4) Subject to subsection (5), the Minister may publish, on a periodic basis, in aggregate form, information received under subsections (1) and (2).

8.1(5) In order to protect the confidentiality and maintain the privacy of the source of information or of any other person, the Minister shall, before publishing information received under subsections (1) and (2), remove any portion of the information that either identifies or might identify the source of the information or any other person.

 

2 The Act is amended by adding after section 9 the following:

9.1(1) A person who, having been required to provide information under section 8.1, fails to provide such information commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category D offence.

 

9.1(2) A person who, having been required to provide information under section 8.1, knowingly provides false information commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category D offence.

 

9.1(3) A judge may, in addition to imposing a fine under subsection (1) or (2), make an order directing the person to provide the information required under section 8.1.

EXPLANATORY NOTES

Section 1

A retailer who keeps for sale or sells gasoline to a consumer and a wholesaler who keeps for sale or sells gasoline to a person other than a consumer is required under the new section 8.1 to provide to the Minister of Natural Resources and Energy information as set out in the new section 8.1. All information received under the new section 8.1 is made confidential and may not be disclosed except as provided in the new section 8.1. The Minister of Natural Resources and Energy is authorized to publish information received under the new section 8.1 in the manner set out in the new section 8.1.

 

Section 2

An offence provision is added.