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Fairness at the Pumps Act

An Act to amend the Electricity and Gas Inspection Act and the Weights and Measures Act

This bill is from the 40th Parliament, 3rd session, which ended in March 2011.

Sponsor

Tony Clement  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

This enactment provides for the imposition of administrative monetary penalties for contraventions to the Electricity and Gas Inspection Act and the Weights and Measures Act. It also provides for higher maximum fines for offences committed under each of those Acts and creates new offence provisions for repeat offenders.
The enactment also amends the Weights and Measures Act to require that traders cause any device that they use in trade or have in their possession for trade to be examined within the periods prescribed by regulation. That new requirement is to be enforced through a new offence provision. The enactment also provides the Minister of Industry with the authority to designate persons who are not employed in the federal public administration as inspectors to perform certain examinations.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-14s:

C-14 (2022) Law Preserving Provincial Representation in the House of Commons Act
C-14 (2020) Law Economic Statement Implementation Act, 2020
C-14 (2020) Law COVID-19 Emergency Response Act, No. 2
C-14 (2016) Law An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying)

Fairness at the Pumps ActGovernment Orders

October 25th, 2010 / 6:15 p.m.

Conservative

Royal Galipeau Conservative Ottawa—Orléans, ON

Mr. Speaker, I would like to ask the member opposite a question, since he often insinuates that oil companies make financial contributions to certain political parties. If he has a list of the oil companies or other corporations that make such contributions, the police should be called and such companies should be pursued, because that is against the law.

Can he give us any names?

Fairness at the Pumps ActGovernment Orders

October 25th, 2010 / 6:15 p.m.

Bloc

Michel Guimond Bloc Montmorency—Charlevoix—Haute-Côte-Nord, QC

Mr. Speaker, the House adjourns at 6:30 p.m. I will go get some documentation. I agree with the member—

Fairness at the Pumps ActGovernment Orders

October 25th, 2010 / 6:15 p.m.

Conservative

Royal Galipeau Conservative Ottawa—Orléans, ON

A name, a name.

Fairness at the Pumps ActGovernment Orders

October 25th, 2010 / 6:15 p.m.

Bloc

Michel Guimond Bloc Montmorency—Charlevoix—Haute-Côte-Nord, QC

Mr. Speaker, could you ask the hon. member for Ottawa—Orléans to calm down? Perhaps it is because he is going to be on the losing side in the municipal election in Ottawa this evening, but I find him overexcited.

It is true that with the new legislation, Petro-Canada, Shell and Esso have not contributed to Conservative campaigns. However, I would like to point out that individual contributions of $1,100 quickly add up to hundreds of thousands of dollars and millions of dollars in campaign contributions. That is how they do it. We just have to look at how the Minister of Natural Resources suddenly changed his story about the cocktail fundraiser, which he now admits he should not have attended. Those people contribute money to Conservative coffers. The guy gave $1,000 but in return got a contract to renovate the West Block. The minister did not see any problem with that. However, on two televised current affairs programs last weekend, he said that maybe it was not such a good idea for him to go to that cocktail fundraiser. Now the tables have turned.

Fairness at the Pumps ActGovernment Orders

October 25th, 2010 / 6:20 p.m.

Liberal

Joe Volpe Liberal Eglinton—Lawrence, ON

Mr. Speaker, I would like to know whether the hon. member for Rimouski-Neigette—Témiscouata—Les Basques will give me a chance to ask him a question in English. I found him to be quite animated and frustrated.

So I wonder if the member is frustrated because of the “gaspillage du temps de la chambre” to consider a bill of such insignificant magnitude. I say “insignificant” because it is typical of the government's sound bite legislation.

Here it is, we are talking about the fairness at the pumps act as if it has been unfair and the government has noticed that it has been unfair for five years and has done nothing about it.

I know my hon. colleague used to sit on the industry committee, amongst others, and he heard government members saying that they had to do something about this, they had to introduce competition, and they have not done anything. Now they are talking about a criminal act taking place at the pumps and they are going to pass legislation to change it.

I wonder whether the member thinks this is part of the government's crime and justice agenda. In other words, is this a sound bite but no bite?

Fairness at the Pumps ActGovernment Orders

October 25th, 2010 / 6:20 p.m.

Bloc

Michel Guimond Bloc Montmorency—Charlevoix—Haute-Côte-Nord, QC

Mr. Speaker, I see that my colleague was paying attention to what I was saying.

I sit on the Standing Committee on Transport, Infrastructure and Communities, not on the Standing Committee on Industry, Science and Technology. My riding is Montmorency—Charlevoix—Haute-Côte-Nord. The hon. member is confusing me with my namesake from Rimouski-Neigette—Témiscouata—Les Basques. I sit in the first row. If he looks at the seating plan, he will see that my colleague sits in the fifth row. That is okay, Mr. Speaker. I appreciate the effort my colleague from Toronto makes to speak French. His French is excellent. He is originally from Italy. We both have Latin roots. Many of my colleagues in this House arrived here at the same time I did, in 1993. It was 17 years ago today that we were elected. He has improved his French by spending time with francophones in this House, just as my colleague from Burnaby—New Westminster has. His French is extraordinary, but he studied at the Université du Québec à Chicoutimi so it is no wonder. Other colleagues would benefit from speaking French like my colleague who just asked the question.

I simply want to say in closing that I would not go so far as to talk about wasting the House's time because we live in a democracy and it is up to the government to introduce whatever bills it wants. We, as members of the opposition, have no choice but to receive the bills the government decides to introduce.

I am not perfect, but I am a democrat. We consider the bills the government introduces, even though they sometimes lack teeth. This bill has more the teeth of a chihuahua than a doberman.

Fairness at the Pumps ActGovernment Orders

October 25th, 2010 / 6:20 p.m.

The Deputy Speaker Andrew Scheer

There is only enough time for a quick question. The hon. member for Trois-Rivières.

Fairness at the Pumps ActGovernment Orders

October 25th, 2010 / 6:20 p.m.

Bloc

Paule Brunelle Bloc Trois-Rivières, QC

Mr. Speaker, I am very disappointed to see a bill that effectively does so little.

Just a few years ago, I was a critic on the Standing Committee on Industry, Science and Technology, and the gas issue was very serious. Prices were fluctuating so wildly that an emergency debate was held in this House. I was in Vancouver with the Standing Committee on Industry, Science and Technology, and we had to come back for that debate. In the end, an election came, everything was dropped, and we never resolved the issue. The purpose of the bill that was introduced at the time was to give teeth to the Competition Act. I see that that is not the case here. It is all well and good to suspect that there could be collusion, but it has to be proven. I think my colleague demonstrated that. Could he tell us a bit more about that?

Fairness at the Pumps ActGovernment Orders

October 25th, 2010 / 6:20 p.m.

The Deputy Speaker Andrew Scheer

The hon. member has only 30 seconds to answer the question.

Fairness at the Pumps ActGovernment Orders

October 25th, 2010 / 6:25 p.m.

Bloc

Michel Guimond Bloc Montmorency—Charlevoix—Haute-Côte-Nord, QC

Mr. Speaker, the only thing I can add is that both my colleague from Trois-Rivières, when she was on the Standing Committee on Industry, Science and Technology, and the member for Chicoutimi—Le Fjord, did excellent work on this issue. We are still waiting for a bill with more teeth.

Fairness at the Pumps ActGovernment Orders

October 25th, 2010 / 6:25 p.m.

NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, I am pleased to speak to Bill C-14.

First, I would like pay tribute to the person who is responsible for the little action that the government has taken in this regard, and that is the member for Windsor West. He is the one who raised this issue and has been pushing it and working extremely hard in the House of Commons. He is the one who has pushed the government to do the certain little action that has been brought forward. It addresses part of the problem, but as the member for Windsor West has said all along, it does not address the whole problem in any way. That is why we pay tribute to him for pushing the Conservatives on this, but we will need his continued efforts to ensure the government finally responds to consumers who are ripped off by the petroleum industry.

Because of the huge gaping hole in the legislation, we could almost call it the gas price ripoff enabling act. It does not deal, in any way, with the problems of gas price gouging that we have seen. It has been very clearly indicated year after year. We have had a number of members speak in the House about what happens with old stock. World prices move, but on that old stock, prices all of a sudden spike up and they stay up. Even when the world price has declined and new stock is entering the stream in Canada, we see those old prices maintained. That means the average Canadian family is being ripped off through the course of that cycle. Millions of dollars are being taken out of the pockets of Canadian consumers.

I do not expect that the Conservative Party will take full action in this regard. The government seems to enjoy enabling ripoffs, whether it is the financial industry or the petroleum industry. We have certainly seen this with the telecommunications industry. Every time some company is willing to rip off the public, the Conservatives just seem unwilling to intervene in any way.

We can add to that the kind of actions the government has brought in, for example, the hated HST in my province of British Columbia. The Conservatives brought in the HST and added additional costs for hard-working middle class and poor families, forcing them to pay more for a whole range of things. Whenever British Columbians finally get their opportunity to speak to what the Conservatives have done against them, whether that is in a byelection or a general election, we will see a significant shift in those who may have voted Conservative in the past. They are not going to vote for the party that forced the HST on British Columbia.

As we well know, many Ontarians feel the same way. They feel the Conservative government having imposed the HST on Ontario, making people and families in Ontario and British Columbia pay more is something that deserves a response when they finally have the opportunity to give their voice to what the Conservatives have done.

I am proud to say our leader, the member for Toronto—Danforth, has stood up for Canadian families. He has called for the removal of the HST on heating fuel, as we approach winter, He stood in the House and he stood up for Canadian families in that way. This corner of the House will continue to press the Conservatives to start addressing the needs of ordinary working families, middle-class families and poor families rather than giving them HST or allowing them to be ripped off by the petroleum industry. They will have to start to listen to ordinary Canadians.

I will finish my speech tomorrow on the bill and what is missing.

Fairness at the Pumps ActGovernment Orders

October 25th, 2010 / 6:25 p.m.

The Deputy Speaker Andrew Scheer

The hon. member is right. He will have about 15 minutes and 30 seconds to finish his remarks tomorrow.

The House resumed from October 25 consideration of the motion that Bill C-14, An Act to amend the Electricity and Gas Inspection Act and the Weights and Measures Act, be read the third time and passed.

Fairness at the Pumps ActGovernment Orders

October 26th, 2010 / 10:05 a.m.

The Acting Speaker Denise Savoie

Resuming debate. The hon. member for Burnaby--New Westminster has about 13 and a half minutes left.

Fairness at the Pumps ActGovernment Orders

October 26th, 2010 / 10:05 a.m.

NDP

Peter Julian NDP Burnaby—New Westminster, BC

Madam Speaker, members will recall that when I was speaking yesterday I began by praising the member for Windsor West for his determination to force the government to take measures to stop the rip-off of ordinary Canadian families through both gas price gouging that we have seen across this country and from the whole issue of faulty gas pumps, pumps that do not give us the gas for which we are paying.

Even though the government has known about this issue for two years, and despite election promises to the contrary where it said that it would take action, rather than intervening and doing something, it has finally come forward with this bill. However, it is only because of pressure from the member for Windsor West and the entire NDP caucus pushing the Conservative government to finally take action.

As we know, the Conservatives love their gravy train and the gravy train that they give to financial institutions, the petroleum companies and telecommunications companies which does not seem to have a limit. No matter how much the public is ripped off, the Conservatives seem to feel that is okay. However, it is increasingly not okay with the public, which is why the member for Windsor West and his work is so important in this House.

Bill C-14, which is before us today, is a poor half-measure but we would not even have this poor half-measure before the House if it were not for the work of the member for Windsor West.

What we have seen from the Conservatives since they have come to power is progressively allowing the public to be ripped off and ordinary Canadian families to have their pockets picked without any sort of intervention or any sort of government responsibility being taken. We have the finance minister who, after it became clear that there was a major rip-off by financial institutions of ordinary Canadian families, wrote a letter to those financial institutions. That was the sum total of his work.

We see the same thing when we talk about gas price rip-offs. It has been very clear for years that gas prices were being manipulated. The large and incredibly profitable petroleum companies jack up world prices and automatically the retail price goes up and the retailers, the mom and pop operations, have no choice. I have talked to many of them and they say that they are being told to raise prices immediately. They have to live with that despite the fact that it is local people who are most impacted. The world prices go up on old stock and prices spike up, with windfall profits. Over the course of a weekend, particularly holiday weekends when there is a lot of travelling, those prices are maintained.

The world prices may change and they may go down. The new stock comes in at a lower wholesale price but those high prices are maintained. They are jacked up immediately on old stock, with windfall profits there, and then as new stock comes in at a lower price, the prices are maintained for more windfall profits. The petroleum companies do not want to be too greedy. They know the degree of public tolerance of their practices is really coming to an end. They are testing public tolerance every year, so reluctantly they bring the prices down to something more akin to what actually matches the wholesale price.

We have known this for years and have seen this happen for years. Ordinary Canadian families, whether they live in the Lower Mainland of British Columbia, in Atlantic Canada, in central Canada in Ontario or Quebec, have to live with these rip-offs and the government has steadfastly refused to do anything to stand up for ordinary Canadian families at all, not one intervention.

We now come to the issue of the gas pump rip-offs, because this has been known for years as well. A study done by the Ottawa Citizen revealed that between 1999 and 2007, government inspections found that about 5% of pumps delivered less fuel than what was reported on the pump display, which means that 10,000 fuel pumps were overcharging hard-working ordinary Canadian families who are working harder and harder for less and less pay.

We also have seen a fall in real income over the last 20 years. The only people who are doing well in this country are the very wealthy who now take most of the income pie. That is something Conservatives do not like to talk about, but it is a reality just the same.

On the Liberal watch and on the Conservative watch, we have seen a hollowing out of the middle class. Poor Canadians have become much poorer and the wealthy now take most of that pie. They just sit down and gobble up most of the pie. What is left for the vast majority of Canadian families is a smaller and smaller piece of pie. Year after year, the wealthy take a larger and larger chunk, the middle class and poor Canadians a smaller and smaller chunk, and that is why real incomes have descended, even though the average Canadian family and the average Canadian worker is working harder than ever. Overtime has gone up over a third in the same period. We are seeing Canadian families struggling to make ends meet and working harder and harder for less and less pay.

As part of that whole dynamic, we have seen the government's inability to stand up for Canada. On the Conservative watch and the Liberal watch, we have seen the loss of half a million manufacturing jobs. Those were good, family sustaining jobs that were thrown out of the country by bad trade deals and dysfunctional trade policy. As a result, people are taking whatever job they can get, whether it is temporary or part time, which is often the case. The number of burger flippers in the country is expanding monumentally. The Conservatives love to stand up and say that, sure, we have lost half a million manufacturing jobs but we have created 400,000 burger flipper jobs. They somehow think that Canadians should praise them for replacing good, family sustaining jobs for jobs that are part time, temporary and low-paying. Somehow the Conservatives feel that they are economic geniuses in having achieved that end, the hollowing out of the Canadian economy, putting all of the Canadian economic levers into Bay Street, so that if one is a wealthy financial speculator, one is wealthier than ever, and nothing for middle class families.

That is where we come to the issue of the fuel pumps. We have 10,000 fuel pumps pumping less fuel than ordinary, hard-working Canadian families are paying for and the government has done nothing to intervene. It says nothing about this being absolutely outrageous. It does nothing to refund the tax it is getting from the consumers who are paying for less fuel than they receive. It has done nothing to organize an ombudsman department, as the member for Windsor West has called for, so that consumers would have somebody to go to, an ombudsman who would stand up for them. No, the Conservatives do not do that. They do not talk about refunds or any sort of compensation. They allow the rip-offs to go on for years and then finally but reluctantly, faced by enormous pressure from the NDP, they decide to bring in Bill C-14.

What does that do? Does it create the ombudsman office that consumers have been calling for? No. Does it actually allow for a refund or compensation for the years of rip-offs? No. Does it allow for any sort of refund of tax for what the government received from the consumers who were being ripped off? No.

What it does do is it allows for inspection. That is important, except that in most countries there is an impartial government inspection service. The Conservatives decide that what they can see as a profit centre. These mom and pop retailers and other retailers would now have to deal with mandatory inspections, which is a good thing. We would increase the number of government inspectors who would ensure those fuel pumps are accurate, which is also a good thing. However, instead of doing that, the Conservatives said no. They said that they would allow private companies to come in and the mom and pop retailers would have to pay whatever the private companies decide they will pay so that they have these mandatory inspections. It is not as if the mom and pop operations can stop it. They do need to have the inspection, which is not a bad thing if the government provided the service out of our taxes. However, instead of doing that, the retailers would now have to pay whatever the private companies charge.

The member for Elmwood—Transcona spoke to this bill yesterday and what he said was extremely relevant.

This is just another example of how badly this government has attacked and let down rural and northern Canadians. We see it time and time again. We saw it with the softwood lumber sellout. It is as if the Conservatives did not care about the softwood lumber industry and signed the deal because they could spin it any way they wanted. It is as if they do not care how many northern and rural jobs were lost and they really do not care about northern and rural Canada. That is the Conservative message, whether we are talking about the softwood lumber sellout, about this kind of bill, or about a whole range of issues.

As we well know, the worst farmer seats in the country are in Alberta. The provincial Conservative government and the federal Conservative government are bad news for Alberta farmers. The worst farmer seats in the country are in the province of Alberta because Conservatives do not give a damn about rural or northern Canadians. They just do not.

What the Conservatives care about is Bay Street and the petroleum industry's CEOs. They care about a very narrow range of interests. They care about lobbyists. But when it comes to rural and northern Canadians, they do not give a damn. We can see this in Bill C-14, as the member for Elmwood—Transcona said.

Perhaps this idea of privatizing and allowing private companies to enforce mandatory inspections may work in urban Canada where there is some competition. In rural and northern Canada when the private companies, perhaps the petroleum companies, decide that they are going to run the inspection operations they are going to charge whatever they want. The mom and pop operations are just going to have to suck it up because that is the attitude of this Conservative government. It will make sure that the local mom and pop operations in rural and northern Canada are forced to pay whatever the big private companies want to force them to pay. Couple that with everything else that is not in this bill that should have been.

The fact is that the government waited for years and allowed the ripoffs to go on for years before it chose to do anything about it. It took goading and determination from the NDP once again to force the government to do anything. After all of that we see it is not even a half measure in dealing with gas price ripoffs.

The government, in an attempt at irony I imagine, tried to say this is the fairness at the pumps act. Very clearly, it is not fair. It does not deal with gas price gouging. Yes, it deals with mandatory inspections, but in a way that penalizes mom and pop retailers. It does not tell the petroleum companies that they were wrong to allow this practice to continue for so long. The government does not say mea culpa and that it is sorry. Consumers need the government to say it is sorry that it allowed the ripoffs and that it will make it right.