Bill C-488
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2nd Session, 36th Parliament, 48-49 Elizabeth II, 1999-2000
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The House of Commons of Canada
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BILL C-488 |
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An Act to establish the Energy Price
Commission
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| Preamble
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Whereas the price of energy 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
energy 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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| Short title
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1. This Act may be cited as the Energy Price
Commission Act.
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| Definitions
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2. 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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| ``energy'' « énergie »
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``energy'' means motor fuel, heating oil or
electric power.
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| ``Minister'' « ministre »
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``Minister'' means the Minister of Industry.
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| ``motor fuel'' « carburant »
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``motor fuel'' means any hydrocarbon fuel
that is to be used in the engine of a motor
vehicle.
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| ``supply
contract'' « contrat d'approvision - nement »
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``supply contract'' means a contract for the
supply of motor fuel 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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3. (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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4. 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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5. (1) A full-time member shall be paid such
remuneration and reimbursement of
reasonable expenses as the Governor in
Council may order.
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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.
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| Head office
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6. 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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7. (1) The Commission may operate in one
or more panels of five or more persons named
by the Commission.
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| Quorum
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(2) 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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(3) 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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(4) The Commission shall meet at least ten
times a year.
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| Object of
Commission
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8. (1) The object of the Commission is to
regulate the wholesale and retail price of
energy in Canada.
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| Powers
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(2) In carrying out its object or an
investigation referred to in section 11, the
Commission has the powers of a
commissioner under the Inquiries Act.
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| Price factors
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9. In setting prices of energy, the
Commission shall take into account
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| Sale only at
regulated
price
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10. (1) No person may sell or offer energy
for sale at a wholesale or retail price that
exceeds a level set by the Commission.
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| Existing
supply
contracts
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(2)In the case of a supply contract that is in
force on October 1, 2000, subsection (1) does
not apply until October 1, 2001.
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| Competition
Tribunal
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11. If the Tribunal refers to the Commission
a question respecting competition in the
wholesale or retail marketing of energy, 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;
R.S., c. 27 (1st
Supp.), c. 19
(2nd Supp.),
c. 34 (3rd
Supp.), cc. 1,
10 (4th
Supp.); 1990,
c. 37; 1991,
cc. 45, 46, 47;
1992, cc. 1,
14; 1993, c.
34; 1995, c. 1;
1999, cc. 2,
28, 31
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Competition Act |
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12. The Competition Act is amended by
adding the following after section 81:
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ENERGY PRICING |
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| energy pricing
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81.1 If any matter that relates to wholesale
or retail pricing of energy 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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13. This Act comes into force October 1,
2000.
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