C-31 - Petroleum Products Trade Act

Full text
chapter C-31
Petroleum Products Trade Act
PETROLEUM PRODUCTS TRADEDecember 17 1987July 11 1991
Chapter C-31 is replaced by the Act respecting the use of petroleum products (chapter U-1.1). (1987, c. 80, s. 78).
1987, c. 80, s. 78.
DIVISION I
INTERPRETATION
1976, c. 22, s. 1.
1. In this act, unless the context indicates a different meaning, the following expressions and words mean:
(a)  establishment : any place used for the purpose of a petroleum products business;
(b)  operator : any individual, partnership or corporation operating an establishment;
(c)  inspector : any inspector contemplated in section 5, including the chief inspector;
(d)  Minister : the Minister of Energy and Resources;
(e)  permit : any permit issued under this act;
(f)  prescribed : prescribed by regulation;
(g)  petroleum products : any liquid petroleum product determined by regulation, except liquefied gas;
(h)  regulation : any regulation made under this act;
(i)  trade : this word includes the exchange of petroleum products and any other commercial operation having petroleum products as its object.
1971, c. 33, s. 1; 1979, c. 81, s. 20.
DIVISION II
PETROLEUM PRODUCTS TRADE
1976, c. 22, s. 2.
2. No person may trade in petroleum products unless he holds a permit for that purpose.
1971, c. 33, s. 2.
3. It is prohibited to trade in petroleum products which do not conform to the standards established by the regulations.
1971, c. 33, s. 3.
4. It is prohibited to use, in the petroleum products trade, an establishment, equipment or a vehicle which does not conform to the standards established by the regulations.
1971, c. 33, s. 4.
5. To see to the application of this act, a chief inspector and inspectors shall be appointed and remunerated in accordance with the Public Service Act (chapter F-3.1.1).
1971, c. 33, s. 5; 1978, c. 15, s. 140; 1983, c. 55, s. 161.
6. Any inspector may, in the performance of his duties, enter at any reasonable hour any establishment or vehicle in which petroleum products are stored, treated, placed on sale or transported, and inspect them. Such inspection may include the taking of a sample of any petroleum product for analysis, and the examination of any equipment or vehicle used in a petroleum products trade.
1971, c. 33, s. 6.
7. Any inspector may require from any holder of a permit any information relating to the application of this act and the regulations.
1971, c. 33, s. 7.
8. It is forbidden to hinder an inspector in any way in the performance of the duties conferred upon him by this act, to mislead him by concealment or false declarations or to refuse to furnish him with information which he is entitled to obtain under this act.
Such inspector must, if so required, exhibit a certificate signed by the Minister, attesting his authority.
1971, c. 33, s. 8.
9. Only an operator may hold a permit.
1971, c. 33, s. 9.
10. Every operator who applies for a permit must send his application to the Minister in the form prescribed, with the documents prescribed by regulation.
The Minister shall issue the permit if the applicant fulfils the conditions and pays the duties prescribed.
1971, c. 33, s. 10.
11. Every permit shall expire one year after the date of its issue; it may be renewed on the conditions prescribed.
1971, c. 33, s. 11.
12. Every operator must hold a permit for each establishment which he owns or manages and a permit is valid only for the establishment covered by it.
1971, c. 33, s. 12.
13. A permit is valid only for the activities and petroleum products covered by it.
No holder of a permit may engage in activities of the petroleum products trade other than those authorized by his permit or trade in petroleum products other than those covered by it.
1971, c. 33, s. 13.
14. The rights conferred by a permit shall not be validly transferred to another person.
1971, c. 33, s. 14.
15. Every permit must be posted in the manner prescribed by regulation.
1971, c. 33, s. 15.
16. The Minister may suspend or cancel the permit of any person who refuses or neglects to comply with this act or the regulations after having been required to do so, in writing, by the Minister or an inspector, or who has been found guilty of an offence against this act, the regulations or another act specified in the regulations.
1971, c. 33, s. 16.
17. The Minister must, in writing, notify of his decision the person to whom he refuses to issue a permit or whose permit he suspends or cancels.
1971, c. 33, s. 17.
DIVISION III
APPEAL
1976, c. 22, s. 3.
18. Every person whose application for a permit is refused or whose permit is suspended or cancelled may appeal from the decision of the Minister to a judge of the Court of Québec.
1971, c. 33, s. 18; 1988, c. 21, s. 66.
19. The appeal shall be brought by a motion served upon the Minister. Such motion must be filed in the office of the Court of Québec at the chief place of the judicial district in which the applicant is domiciled within thirty days after the mailing of the notice contemplated in section 17.
Upon receipt of the notice of appeal, the Minister shall send to the clerk of the Court of Québec the record relating to the decision appealed from.
1971, c. 33, s. 19; 1988, c. 21, s. 66.
20. The judge who hears and decides the appeal shall have the powers and immunities of a commissioner appointed under the Act respecting public inquiry commissions (chapter C-37).
1971, c. 33, s. 20.
21. The appeal shall suspend the execution of the decision of the Minister when such decision has the effect of suspending or cancelling the permit of the appellant, unless the judge orders provisional execution of it in cases of exceptional urgency.
1971, c. 33, s. 21.
22. The judge must, before rendering any decision on an appeal, allow the parties to be heard and, for that purpose, give them, in such manner as he considers appropriate, a notice of at least five clear days of the date and hour when and place where they may be heard.
If a party so called does not appear or refuses to be heard at the sitting fixed for that purpose, or at an adjournment of such sitting, the judge may nevertheless proceed with the hearing of the matter and no judicial recourse shall be based on the fact that he so proceeded in the absence of such party.
1971, c. 33, s. 22.
23. The judge may admit in evidence a copy of or extract from a document if the original is not available.
1971, c. 33, s. 23.
24. At the proof and hearing, each party may examine the witnesses and present his arguments.
Every party is also entitled to the assistance of an advocate.
1971, c. 33, s. 24.
25. Every person who testifies before the judge shall have the same privileges and immunities as a witness before the Superior Court and articles 307 to 310 of the Code of Civil Procedure shall apply mutatis mutandis.
1971, c. 33, s. 25.
26. The judge may confirm, alter or quash any decision referred to him and render the decision which in his opinion should have been rendered in first instance. The decision of the judge shall be without appeal.
1971, c. 33, s. 26.
27. The judgment must be recorded in writing and signed by the judge who rendered it. It must contain, in addition to the conclusions, the reasons upon which the decision is based.
1971, c. 33, s. 27.
28. A certified copy of the judgment must be sent by registered or certified mail to each party. The original shall be kept in the office of the Court of Québec.
1971, c. 33, s. 28; 1975, c. 83, s. 84; 1988, c. 21, s. 66.
DIVISION IV
FIXING OF A MAXIMUM PRICE
1976, c. 22, s. 4.
28.1. In this division, unless the context indicates a different meaning,
(a)  decree means any decree passed in virtue of section 28.2;
(b)  price means the total amount charged by a person in the sale of a petroleum product, except any component of such price that is referrable to a duty or tax levied on the petroleum product pursuant to any law of the Parliament of Canada;
(c)  sell means to sell, offer for sale or distribute a petroleum product for the purposes of resale, exchange, consumption or any other purpose.
1976, c. 22, s. 4.
28.2. Where in its opinion such action is required in the public interest, the Government may fix by decree the maximum price at which a petroleum product may be sold.
1976, c. 22, s. 4.
28.3. A decree may regard:
(a)  one, a number of, or all petroleum products;
(b)  the wholesale price, the retail price, or components of such prices; and
(c)  the whole territory of Québec or any part of it.
1976, c. 22, s. 4.
28.4. Every decree shall be published in the Gazette officielle du Québec; it becomes effective from its date of publication or any other date, even a date prior to its date of publication, fixed by the Government.
1976, c. 22, s. 4.
28.5. No person shall charge a higher price for a petroleum product sold by him in Québec than the price determined by decree.
1976, c. 22, s. 4.
28.6. Every contract concerning the sale of petroleum products that stipulates a higher price than that determined by decree shall be amended so as to bring the price stipulated in the contract into conformity with that fixed by decree.
The contract remains valid between the parties in every other respect.
1976, c. 22, s. 4.
28.7. For the purposes of this division, the Minister may require any operator to provide him with such information as he may request concerning his sales of petroleum products and the prices, taxes and duties paid and charged therefor.
1976, c. 22, s. 4.
28.8. Every person is guilty of an offence and liable to a fine of not more than $2 000 who
(a)  contravenes section 28.5;
(b)  refuses or neglects to comply with an order given by the Minister under section 28.7;
(c)  makes a false or misleading declaration, or participates in, assents to or acquiesces in such a declaration in reply to an order given by the Minister under section 28.7;
(d)  destroys, alters, mutilates or conceals a ledger, book of account or any other document relating to the petroleum products trade to elude the application of this division;
(e)  makes a false or misleading entry, or assents to or acquiesces in the making of such an entry, or omits or assents to or acquiesces in the omission to make an entry in a ledger or book of account to elude the application of this division;
(f)  hinders an inspector in any way in the performance of his duties.
When a corporation is guilty of an offence described in this section, it is liable to a fine not exceeding $25 000.
1976, c. 22, s. 4; 1990, c. 4, s. 269.
DIVISION V
REGULATIONS
1976, c. 22, s. 5.
29. The Government may make regulations to:
(a)  define a petroleum product within the meaning of this act, subject to paragraph g of section 1;
(b)  determine the documents which an operator applying for a permit must file, the information he must furnish and the duties he must pay;
(c)  determine the classes of permits and the conditions and restrictions relating to each class and the standards for issuing them;
(d)  determine the form and tenor of applications for permits;
(e)  determine the form and tenor of the permit and its mode of posting;
(f)  determine the returns which the holders of permits must furnish, and their form and tenor;
(g)  regulate the storing, handling and transport of petroleum products;
(h)  determine the steps to be taken to prevent contamination by petroleum products;
(i)  determine the methods which must be followed for the sampling and analysis made under section 6;
(j)  classify petroleum products and name the various classes of products so classified;
(k)  fix the standards of quality of petroleum products;
(l)  determine the steps which must be taken to prevent contamination of petroleum products when they are stored, handled or transported;
(m)  establish the standards for the establishments, equipment and vehicles used in the petroleum products trade and determine the mode of their inspection and supervision.
Such regulations shall come into force on the date of their publication in the Gazette officielle du Québec or on any later date fixed therein.
1971, c. 33, s. 29.
DIVISION VI
OFFENCES
1976, c. 22, s. 6.
30. Every person carrying on a petroleum products trade without a permit is guilty of an offence and is liable to a fine of $60 to $1 150 for the first offence and to a fine of $125 to $2 900 for any subsequent offence within two years.
When an offence contemplated in this section is committed by a corporation, it is liable to a fine of $250 to $2 300 for the first offence and to a fine of $575 to $5 750 for any subsequent offence within two years.
1971, c. 33, s. 30; 1986, c. 58, s. 21; 1990, c. 4, s. 270.
31. Every person who contravenes any provision of this Act or a regulation otherwise than in carrying on a petroleum products trade without a permit is liable to a fine of $30 to $575 for the first offence and to a fine of $125 to $2 300 for a second or subsequent offence.
1971, c. 33, s. 31; 1986, c. 58, s. 22; 1976, c. 22, s. 7; 1990, c. 4, s. 271.
32. (Repealed).
1971, c. 33, s. 32; 1990, c. 4, s. 272.
33. In any proceedings instituted under this Act, the defendant and the operator of an establishment where the offence was committed are liable to the penalties imposed for an offence against this Act, even if it was committed by another person and even if it cannot be proved that such person was acting under the direction of such operator.
Proof that the offence was committed by a person in the employ of such operator shall be conclusive evidence that the offence was committed with the authorization and under the direction of the latter.
At the option of the prosecutor, the real offender and the operator of the establishment may be sued jointly or separately, but they cannot both be convicted of the same offence.
1971, c. 33, s. 33; 1990, c. 4, s. 273.
34. In any proceedings instituted under this act, the certificate relating to the analysis of a petroleum product and signed by an analyst of the Ministère de l’Énergie et des Ressources shall be accepted as prima facie evidence of the facts declared in it and of the authority of the person signing such certificate without further proof of his appointment or signature.
The cost of such analysis shall form part of the costs of the proceedings.
1971, c. 33, s. 34; 1977, c. 5, s. 14; 1979, c. 81, s. 20.
35. (Repealed).
1971, c. 33, s. 35; 1990, c. 4, s. 274.
DIVISION VII
FINAL PROVISIONS
1976, c. 22, s. 8.
36. The Minister of Energy and Resources shall be entrusted with the application of this act.
1971, c. 33, s. 36; 1979, c. 81, s. 20.
37. (This section ceased to have effect on 17 April 1987).
1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.
REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 33 of the statutes of 1971, in force on 31 December 1977, is repealed, except section 37, effective from the coming into force of chapter C-31 of the Revised Statutes.