P-30.01 - Petroleum Products Act

Section 67 Disposition versions

1999-04-30

67. Where, in a given zone, an enterprise sells gasoline or diesel fuel at retail for a price that is lower than the cost to a retailer in that zone of purchasing and reselling that product, the enterprise is presumed to be exercising its rights in an abusive and unreasonable manner, contrary to the requirements of good faith, and to have committed a fault against the retailer.

The court may condemn the enterprise having committed the fault to pay punitive damages.

For the purposes of the first paragraph,

(1)  the cost to the retailer is the sum of

(a)  the minimum price at the loading ramp published in the periodical designated by the Minister in a notice in the Gazette officielle du Québec;

(b)  the minimum transportation cost, that is, the cost to the retailer of conveying the product from the refinery to the service station by the most economical means of transportation;

(c)  the federal and provincial taxes;

(d)  the amount representing operating costs determined by the Régie de l’énergie under section 59 of the Act respecting the Régie de l’énergie (chapter R-6.01), unless the Régie decides otherwise;

(2)  a zone is the territory of a local municipality or a sale zone determined by the Régie de l’énergie, where that is the case.

1996, c. 61, s. 139; 1997, c. 64, s. 3.

1999-04-01

45.1. Where, in a given zone, an enterprise sells gasoline or diesel fuel at retail for a price that is lower than the cost to a retailer in that zone of purchasing and reselling that product, the enterprise is presumed to be exercising its rights in an abusive and unreasonable manner, contrary to the requirements of good faith, and to have committed a fault against the retailer.

The court may condemn the enterprise having committed the fault to pay punitive damages.

For the purposes of the first paragraph,

(1)  the cost to the retailer is the sum of

(a)  the minimum price at the loading ramp published in the periodical designated by the Minister in a notice in the Gazette officielle du Québec;

(b)  the minimum transportation cost, that is, the cost to the retailer of conveying the product from the refinery to the service station by the most economical means of transportation;

(c)  the federal and provincial taxes;

In force: 1998-02-11

(d)  the amount representing operating costs determined by the Régie de l’énergie under section 59 of the Act respecting the Régie de l’énergie (chapter R-6.01), unless the Régie decides otherwise;

(2)  a zone is the territory of a local municipality or a sale zone determined by the Régie de l’énergie, where that is the case.

1996, c. 61, s. 139.