Fairness at the Pumps Act

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

This bill was last introduced in 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.

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 the Library of Parliament. You can also read the full text of the bill.

Fairness at the Pumps ActGovernment Orders

October 25th, 2010 / 6:05 p.m.


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Some hon. members

Oh, oh!

Fairness at the Pumps ActGovernment Orders

October 25th, 2010 / 6:05 p.m.


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Bloc

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

Some NDP members did not like my “poof”. I do not know what else I could have said. Whether by magic or miracle, there is a major hike in gas prices on the eve of the construction holidays. Why?

Here is further proof of collusion. In a number of medium-sized or large cities, it is commonplace to have gas stations on each corner of a traffic circle or other intersection. I see my colleague from Trois-Rivières behind me. I regularly pass through Trois-Rivières as I travel from my riding, on the Beaupré coast, to Ottawa by car. I often stop to fill up in Trois-Rivières, a magnificent city with very welcoming people. There are often gas stations on every corner of an intersection.

She and I could go there together, stopwatches in hand. When one station increases its price by 3¢, 5¢, 10¢, 12¢ or 15¢ per litre, we could count the number of seconds that elapse before the other three increase their prices. Is that open competition? Why does Shell feel the need to increase its price at the same time as Esso? Why increase the price at the same time as Petro-Canada? Why do the increases happen almost simultaneously within a span of seconds? If we had real competition, one service station would charge $1.038 per litre, another would charge $1.019 per litre, and yet another would have a different price. Then we would have real competition.

Let us take a look at food and clothing. Food is a good example of a sector where we can compare the price of identical products. We will not look at products such as beer or milk, as their prices are regulated. I believe that they do not have the right to sell milk for a very low price. Milk is a bad example. Take, for instance, Oasis orange juice. If we checked with the four largest food chains, it is very likely that the prices would be different. That is true competition because there is not necessarily collusion among the four major grocers in Quebec.

And that is what we are seeing with gas prices, which is why I began my speech by saying that there has been a lot of work for not much of a result. Bill C-14 is better than nothing, but the government is not addressing the root of the issue. For one, we hoped that the government would use this bill to propose that the Competition Act allow the Competition Bureau to conduct inquiries on its own initiative, as I mentioned earlier, instead of always having to wait for a private complaint before beginning an inquiry.

In addition, the Bloc Québécois has proposed that a petroleum agency be created to monitor gasoline prices and respond to any attempt at collusion or unjustified price hikes. I gave our reasoning earlier. With this type of agency, we could act as soon as prices increase. Instead, the Conservative government keeps telling us—and it was no different under the Liberals—that there is nothing that can be done because the Competition Bureau found that there was no agreement among oil companies to fix prices; therefore, there is no problem. The Bloc Québécois was hoping that the bill would address the real issue.

On May 5, 2003, Konrad von Finckenstein, then the Commissioner of Competition, now chairman of the CRTC, told the Standing Committee on Industry, Science and Technology that even though there were problems with the law, as Commissioner of Competition, he had no choice but to enforce it. Like us, he recognized that the law had loopholes. What we need is a government with the political will to take action and stop oil companies from doing this.

Mr. von Finckenstein said:

...while the Bureau's mandate includes the very important role of being an investigator and advocate for competition, the current legislation does not provide the Bureau with the authority to conduct an industry study.

That is basically the point I wanted to make. Once again, I would like to congratulate my colleague from Chicoutimi—Le Fjord, the Bloc Québécois industry critic, for his work on this file and for keeping the people of Quebec and Canada informed about loopholes with respect to the price of gas, loopholes that Bill C-14 does nothing to close, unfortunately.

The Bloc Québécois supports the bill in principle and will send it to committee. We will see what happens after that. We should not just be talking about the system of measures at the pump and silly fine increases. Oil companies make multi-billion-dollar profits. This bill would fine them $25,000 instead of $10,000, yet they will have made millions using these tactics. We do not think that this bill goes far enough.

Fairness at the Pumps ActGovernment Orders

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


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NDP

Peter Julian NDP Burnaby—New Westminster, BC

Mr. Speaker, I really enjoyed the speech of the hon. member for Montmorency—Charlevoix—Haute-Côte-Nord. He said the government refuses to do what is necessary to prevent large oil companies from increasing gas prices without valid reasons. Every spring and every fall, around the holiday season, prices go up worldwide, even though we are talking about oil that is already in stock. A few weeks later, it is still oil that was bought at a lower cost, but the price still does not go down for several weeks, or even months.

If we look at various studies, we see that consumers are treated badly. Yet, there is nothing in this government bill to put an end to these practices.

Why does the hon. member believe that the Conservatives refuse to protect the middle class and consumers, who constantly see their money disappear, because oil companies are abusing them?

Fairness at the Pumps ActGovernment Orders

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


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Bloc

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

Mr. Speaker, I thank the NDP member for his question. That is precisely the principle to which I was referring earlier: One must not bite the hand that feeds. The Conservatives—that is not the case for the NDP nor for the Bloc Quebecois—get hundreds of thousands of dollars in election campaign contributions. The $1,100 limit is respected, but there are many $1,100 contributions. The Conservatives receive funds from oil companies located in Calgary, in all of Alberta and in other regions. So, it is not true that the Conservatives will give more teeth to their legislation. A lax approach suits both the oil companies and the Conservatives. That is why they keep a low profile and do not make waves, instead of looking after the consumers' best interests, as the hon. member aptly pointed out. In the end, people cannot do without their cars, they have no other means to travel. They cannot go back to the horse and buggy days, before the automobile was invented.

For goodness sake we must soon have access to the electric vehicle to free ourselves from our dependence on oil.

Fairness at the Pumps ActGovernment Orders

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


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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.


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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.


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Conservative

Royal Galipeau Conservative Ottawa—Orléans, ON

A name, a name.

Fairness at the Pumps ActGovernment Orders

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


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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.


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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.


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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.


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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.


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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.


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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.


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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.


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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.