Bill C-384
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1st Session, 36th Parliament, 46-47 Elizabeth II, 1997-98
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The House of Commons of Canada
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BILL C-384 |
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An Act respecting the Energy Price
Commission
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| Preamble
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Whereas the price of gasoline affects the
cost of most commodities and goods and the
health of interprovincial trade in all parts of
Canada;
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And whereas it is essential for the stability
of the cost of living and the growth of
interprovincial trade across Canada that
gasoline prices be regulated and that
unjustifiable increases be prevented;
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Now, therefore, Her Majesty, by and with the
advice and consent of the Senate and House of
Commons of Canada, enacts as follows:
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| Definitions
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1. The definitions in this section apply in
this Act.
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| ``Commission
'' « Commission »
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``Commission'' means the Energy Price
Commission.
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| ``gasoline'' « essence »
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``gasoline'' means any hydrocarbon fuel that
is to be used in the engine of a motor
vehicle.
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| ``Minister'' « ministre »
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``Minister'' means the Minister of Industry.
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| ``supply
contract'' « contrat d'approvi- sionnement »
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``supply contract'' means a contract for the
supply of gasoline over a period of time by
delivery direct to the vehicles of the
purchaser or to storage owned by or
operated for supply to the purchaser.
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| ``Tribunal'' « Tribunal »
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``Tribunal'' means the Competition Tribunal
established by subsection 3(1) of the
Competition Tribunal Act.
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| Commission
established
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2. (1) There is hereby established a
Commission to be known as the Energy Price
Commission, consisting of not more than five
full-time members and not more than ten
part-time members to be appointed by the
Governor in Council.
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| Term of office
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(2) A full-time member shall be appointed
to hold office during good behaviour for a
term not exceeding seven years and may be
removed at any time by the Governor in
Council for cause.
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| Second term
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(3) Subject to subsections (4) and (5), a
member may be appointed for a second term,
but not a third or subsequent term.
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| Age limit
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(4) No person may continue as a member of
the Commission after attaining the age of 65
years.
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| Disqualifi- cation
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(5) No person may be appointed to or
remain in office as a member of the
Commission who
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| Exception
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(6) Paragraph (5)(b) does not apply to an
interest that vests beneficially in a member by
will or succession and is disposed of
absolutely by the member within three months
of the vesting.
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| Spouses
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(7) For the purpose of this section, a
position or interest described in paragraph
(5)(b) that is held by the spouse of a member
is deemed to be held by the member.
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| Presiding
officers
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3. The Governor in Council shall name one
of the full-time members to be the
Chairperson of the Commission and two of the
full-time members to be Vice-Chairpersons of
the Commission.
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| Remunera- tion of full-time members
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4. (1) A full-time member shall be paid such
remuneration and reimbursement of
reasonable expenses as the Governor in
Council may order to be paid out of money
that has been appropriated to the purpose by
Parliament.
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| Expenses of
part-time
members
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(2) A part-time member shall be paid such
reimbursement of reasonable expenses as the
Governor in Council may order to be paid out
of money that has been appropriated to the
purpose by Parliament.
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| Head office
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5. (1) The head office of the Commission
shall be in such place in Canada as is ordered
by the Governor in Council.
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| Panels
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(2) The Commission may operate in one or
more panels of five or more persons named by
the Chairperson of the Commission.
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| Quorum
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(3) A quorum for transaction of the business
of the Commission or a panel is one third of the
membership of the Commission or panel.
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| Open
meetings
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(4) The Commission and any panel of the
Commission must meet in public at a time and
place that has been previously advertised to
the public, unless the Commission has ordered
that the meeting may be held in private in
order to protect the confidentiality of a bona
fide interest of any person.
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| Frequency of
meetings
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(5) The Commission shall meet at least ten
times a year.
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| Object of
Commission
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6. (1) The object of the Commission is to
regulate the wholesale and retail price of
gasoline in Canada.
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| Powers
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(2) In carrying out its objects or an
investigation referred to in section 9, the
Commission has the powers of a
commissioner under the Inquiries Act.
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| Supply
contracts
excluded
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(3) Subsection (1) does not apply to the
price of gasoline in a supply contract.
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| Price factors
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7. In setting prices of gasoline, the
Commission shall take into account
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| Sale only at
regulated
price
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8. No person may offer gasoline for sale at
a wholesale or retail price that exceeds a level
set by the Commission.
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| Competition
Tribunal
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9. If the Tribunal refers to the Commission
a question respecting competition in the
wholesale or retail marketing of gasoline, the
Commission shall investigate the matter and
submit a report to the Tribunal.
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CONSEQUENTIAL AMENDMENT |
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| R.S., c. C-34
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Competition Act |
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10. The Competition Act is amended by
adding the following after section 81:
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GASOLINE PRICING |
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| Gasoline
pricing
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81.1 If any matter that relates to wholesale
or retail pricing of gasoline comes before the
Tribunal, the Tribunal shall remit the matter to
the Commission established by section 2 of
the Energy Price Commission Act for
investigation and report and shall not make
any determination or order on the matter until
the Commission has submitted the report to
the Tribunal.
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| Coming into
force
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11. This Act comes into force July 1, 1998.
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