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. The Library of Parliament often publishes better independent summaries.

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.

Opposition Motion—Natural ResourcesBusiness of SupplyGovernment Orders

May 7th, 2019 / 4:55 p.m.
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NDP

Brian Masse NDP Windsor West, ON

Mr. Speaker, I will be splitting my time with the member for Drummond.

I want to touch on a couple of things. I am going to focus some of my remarks on some of the consumer pricing issues that we have with regard to gasoline and fuel that have not been touched on enough in this debate. Outside of building pipelines and the related infrastructure issues, there are things we can do that could bring greater accountability for consumers and address the rip-off taking place at the pumps, where there is not enough accountability. I am going to lay out three different things.

There are also a couple of things I want to talk about in the context of the previous discussion we had about the Philippines. We had a so-called good-news story from the parliamentary secretary that a nation we have a strong historic relationship with had to threaten to go to war because over 100 contaminated containers of human waste and other trash was sent to their shores and stayed there.

The Minister of Environment promised to take care of it but never did anything, making that another broken Liberal promise. The Liberals finally decided to act on it, but ironically, just as an update, there are 69 containers left. Canada has said that we will finally take them back. Apparently the good news is that we are actually going to take them back. However, there is a complication, because some of them are infested with termites.

That is apparently a good-news story from the parliamentary secretary. I am not surprised, because the Liberals have had very few environmental victories that are reality.

I asked a question today in question period and never got a response. It was about Ojibway Shores, where we have over 100 endangered species, and the Liberal government has yet to act to protect that area after the community fought to save it from being bulldozed to the ground. It would take a simple transfer of that land to the Minister of Environment, who will not answer or do anything on it to this day. Real action, a simple process could take place to create a national park, but more importantly, it could protect over 100 endangered species on the Great Lakes. The Liberals have refused to do that. It is a transfer on paper, from one department to the next, and the government has refused to do it. That is unacceptable.

I will also touch briefly on the issue the parliamentary secretary just raised with regard to the incentive for electric vehicles that has been put in place. First and foremost, my riding of Windsor West, which has been producing the minivan for generations, was left off the original list. The only Canadian-built electric vehicle was left off the Liberal list, pointing everybody away from domestic manufacturing despite the company and the workers, most importantly, providing taxpayer money through taxes day in and day out and making sure that they produce award-winning world-class products. They were left off the list by the government.

Second, the Liberals will not even respond to the fact that the incentive program is not even matching the one that was just killed in Ontario. The Minister of Innovation came to Windsor basically saying that it was going to be put on the list and that people should not worry about it. Then he criticized Doug Ford, just like the parliamentary secretary did, for killing the Ontario program. Doug Ford's program was $10,000 and up to $14,000 for those vehicles. The parliamentary secretary should know that his government will not even match that.

The minister came to Windsor. The fact is that this is the only Canadian-built electric vehicle and it is multi-passenger. It would get more vehicles off the road than smaller vehicles, but it is not going to get an incentive based on that. It is basically going to get the $5,000, after we actually had to bring the Liberals in, kicking and screaming, to fix it. Ironically, this is a plant that the Prime Minister toured less than a year ago.

My advice to anyone who has an auto plant is they should not have the Prime Minister tour it, because obviously it will not do any good. He will be on the assembly line for a photo op, and later he will say to the workers that there is $300 million for incentives for vehicles with low emissions and for electric vehicles, but by the way, we do not want domestic ones, the ones from Canadian auto workers; we want them from overseas, from Mexico and China and the United States.

Those things the Liberals are doing right now are unacceptable. There are practical, real things that could help. An important point that we could discuss today is how we want to reduce dependency on the oil and gas sector. This incentive program that the government has put in place is not sufficient for that. Ironically, the Liberals want to get up and criticize others, but they will not even meet the makers at the table and actually lead by example. It is unacceptable.

There are a couple of things that are interesting with respect to this motion. One of the reasons I cannot support it is that it does nothing for consumer accountability. The motion simply reads, “That the House call on the government to stop raising the price of gas by clearing the way for pipelines and eliminating the carbon tax on fuel.” It does nothing to reverse some of the attempts in this House over the past decades to bring some consumer accountability to the price at the pump as well as knowledge of the product consumers are buying at the pump, and more importantly, of the gouging that can take place. There have been several attempts in this chamber.

When I came here back in 2002, I learned of some of the good work of the Liberal member Dan McTeague, who did a lot of work on the industry committee. We had hearings and several proposals, including from the Paul Martin administration, to bring in some changes for consumer accountability and tracking. It promised that and never delivered. It was another broken promise.

I want to highlight a couple that are important, because they are still happening today and were not resolved. We can do some of those things today by bringing greater accountability at the pump.

The first one that took place was a Conservative bill, Bill C-14, which was an act to amend the Electricity and Gas Inspection Act and the Weights and Measures Act. The late Jack Layton looked into this. I would give credit to the late former minister Jim Prentice. It is sad that I am talking about two individuals who have passed from this place and our country. What they did was bring to light the fact that Canadians are being overcharged at the pump by tens of millions of dollars. At one point, from 1999, when they looked at some of those things, to a decade later, there was approximately $240 million worth of so-called phantom gas. That is gas one pays for at the pump that is not measured by the flow metre correctly and a person is charged for it. At any given time, an average of 4% of these pumps do not work properly. If they are off by 0.5% to 1.5% with regard to the charges, they must be fixed within 14 days, which can add up. The sad thing is that the Conservatives privatized the inspections of those, and we have fewer inspections. Usually they are done every two years. I would say that if we want to give rebates to consumers more quickly and bring greater accountability and confidence regarding the price of what they are paying for, we should increase those inspections to once a year.

Another thing we can do is create an oil and gas ombudsman's office. That is something that was recommended at committee and in Parliament going back to 2002. As I mentioned, it was subsequently one of the things the Paul Martin administration was supposed to bring in. It promised to do so, and it did not. What it would do is investigate complaints independently. It would also have the ability to gather information. One of the key elements we are missing in Canada on accountability, versus the United States, is that the U.S. has the Department of Energy's weekly petroleum status report, which gives weekly updates on refining oil and petroleum production. That alone would create more transparency and accountability so that we would be able to track our gasoline to the pump at that time and know whether there was gouging taking place. The office would have some teeth and would be able to investigate that properly. It would produce and maintain data. It would also make sure that big oil companies allowed the office of the ombudsman to provide objective answers free from industry bias so that we could have more consumer confidence.

The third thing we can do is have a petroleum monitoring agency. We looked at the price spikes with regard to Katrina and other types of natural disasters, human disasters, trade issues and different production problems. We could have a greater impact there.

In conclusion, it is about more than just what is in the future with regard to these things. There are also things we can enact right now to ensure consumer accountability and more money in people's pockets right now.

Business of the HouseOral Questions

March 24th, 2011 / 3:05 p.m.
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Conservative

John Baird Conservative Ottawa West—Nepean, ON

When members are called smug, they all cheer and applaud.

As for the business of the House, I believe the minister responsible for the Status of Women has a motion that she would like to move after I have concluded my response to the Thursday question. Following that, without anticipating the outcome of any vote of the House, there seems to be an appetite to allow members who will not be running in the next election to have two minutes each to make statements. Following these statements, we will continue with day one of the budget debate.

Tomorrow we will consider the last allotted day in this supply period. I do not know why the opposition coalition is talking about ending this very productive Parliament to force an unwanted and unnecessary election. Recent weeks have led me to conclude that this is the most dysfunctional Parliament in Canadian history.

Yesterday our Conservative government achieved royal assent for the following bills: Bill S-6 to eliminate the faint hope clause; Bill C-14 to provide hard-working Canadians some fairness at the gas pumps; Bill C-21 to crack down on white collar crime; Bill C-22 to crack down on those who would exploit our children through the Internet; Bill C-30, R. v. Shoker; Bill C-35 to crack down on crooked immigration consultants; Bill C-42 to provide aviation security; Bill C-48 to eliminate sentencing discounts for multiple murderers; Bill C-59 to get rid of early parole for white collar fraudsters, a bill the Liberal government opposed but the Bloc supported; Bill C-61, the freezing of assets of corrupt regimes; and Bill S-5, safe vehicles from Mexico. What a legacy for the Minister of Transport, Infrastructure and Communities.

The work of this Parliament is not done. There are a number of key and popular government bills that Canadians want. Next week, starting on Monday, we will call: Bill C-8, the Canada-Jordan free trade agreement; Bill C-46, the Canada-Panama free trade agreement; Bill C-51, investigative powers for the 21st century; and Bill C-52, lawful access.

Does the Minister of Justice ever stop fighting crime? He gets more and more done. In many respects, as House leader I am like the parliamentary secretary to the Minister of Justice.

Of course, we need to complete the budget debate to implement the next phase of Canada's economic action plan, a low tax plan for jobs and growth. Therefore, Tuesday we will debate day two of the budget, Wednesday we will debate day three of the budget and on Thursday we will debate day four of the budget. We have lots to do and I suggest to the members across that we turn our attention back to serving the interests of the public.

While I am on my feet, I would like to serve those interests by asking for unanimous consent for the following motion. I move that, notwithstanding any Standing Order or usual practices of the House, Bill C-49, An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act and the Marine Transportation Security Act shall be deemed to have been read a second time, referred to a committee of the whole, deemed considered in committee of the whole, deemed reported without amendment, deemed concurred in at report stage and deemed read a third time and passed.

Competition ActPrivate Members' Business

March 10th, 2011 / 6:50 p.m.
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Bloc

France Bonsant Bloc Compton—Stanstead, QC

Mr. Speaker, I am pleased to speak today in the House on Bill C-452, An Act to amend the Competition Act (inquiry into industry sector) introduced by my colleague from Shefford.

Bill C-452 proposes to amend the Competition Act to give more power to the Competition Bureau. I would like to start by congratulating my colleague for this fine and very important private member’s bill. I think this is a subject that is dear to his heart and I want to salute the quality of the work he has done.

The amendment proposed by my colleague from Shefford will allow the Commissioner of Competition to initiate inquiries of his own accord into fluctuations in the price of gasoline, if there are reasonable grounds for doing so. It will therefore no longer be necessary to wait for complaints to be filed before making an inquiry. If this bill is enacted, the Competition Bureau will be better equipped to combat companies that might profit from their dominant market position to pick consumers’ pockets.

Every time gas prices rise, the governments hands us the same answer: nothing can be done, the Competition Bureau has concluded there was no agreement among the oil companies to fix prices. The truth is that there are a number of flaws in the present act. It does not allow the Competition Bureau to initiate inquiries. And when there is an inquiry, the Competition Bureau cannot really do anything with them because at present it cannot compel the production of documents or protect witnesses. Bill C-452 would eliminate these flaws by allowing the Bureau to initiate inquiries and allowing the federal Trade Tribunal to protect witnesses and seize relevant documents.

If the act is not amended, gas prices will continue to fluctuate with no justification, as is the case at present. And it will again, and still, be consumers who will continue to pay for the more dubious practices on the part of the oil companies.

Gas prices fluctuating is one thing. It is another thing when they rise stealthily and without justification. Recently, prices at the pump rose because of the political instability in north Africa. In just a few hours, prices rose spectacularly. That is completely bizarre, when we know that the events that occurred in north Africa had at that point not yet had any impact on the cost of refined gasoline that was already in Quebec. That practice is nothing more nor less than a way of making even more money on the backs of consumers, and there is a lot. It is estimated that because of collusion, retailers have overcharged Quebec consumers by as much as $100 million.

The Bloc Québécois recently supported Bill C-14, An Act to amend the Electricity and Gas Inspection Act and the Weights and Measures Act, to fix price errors at the pump. But that bill does not solve the problems of collusion like the ones recently disclosed in Quebec and does not prevent sudden increases in the price of gas. The Conservative government claims that its initiative will save the public a lot of money. Gas consumption in Canada, calculated over a full year, is so high that it is completely foolish to think that bill can have any impact on consumers’ wallets. That is why we in the Bloc Québécois believe that in order to respond effectively to gas price increases, Bill C-452 must be enacted. This bill is the only thing that will have a real impact on prices at the pump.

For years, the Bloc Québécois has been pressuring the federal government to finally take action to address the rising cost of petroleum products. It has dogged the Liberal government of the day so that it would follow up on the recommendations made in 2003 by the Standing Committee on Industry, Science and Technology. In October 2005, just before the election, the federal government finally listened to the Bloc Québécois' arguments and decided to amend the Competition Act through Bill C-19. That legislation broadened the Competition Bureau's authority to investigate and increased the maximum penalty for conspiracy. However, Bill C-19 did not follow up on all the committee's recommendations. As we know, that legislation, which was only an election ploy, died on the order paper with the election call, and we certainly could not count on the Conservative government to bring it back.

In 2007, the Bloc Québécois introduced Bill C-454, which also died on the order paper, when the election of 2008 was called.

In 2009, the Conservatives took part of the bill and included it in the budget implementation act. However, they did not see fit to allow the Competition Bureau to initiate investigations. That is why the hon. member for Shefford came back again with Bill C-452. The recent years clearly show that neither the Conservatives, nor the Liberals acted to protect consumers. By contrast, the Bloc Québécois is taking action.

For the Bloc Québécois, the only effective way to deal with the rising cost of gas is to use a global strategy. That strategy is three-pronged: to bring the industry into line, to make it contribute, and to reduce our dependency on oil.

First, we must bring the oil industry into line. The initiative of my colleague for Shefford supports that approach. It is also necessary to set up a true monitoring agency for the oil sector.

Second, the oil industry must make a contribution. With the increase of costs and oil company profits, it is important that the latter pay their fair share of taxes. How can we accept that consumers are getting poorer, while oil companies are getting richer?

Despite the recent recession and despite the rise in the price of gas, oil companies are posting record sales. In 1995, the Canadian oil and gas sector posted combined sales of $25 billion. By 2008, this figure had climbed to $148 billion. That is an increase of nearly 600%.

Now let us talk about profits. In 2003, Canada's oil sector made $17.6 billion in profits. In 2008, it made $79 billion. In other words, the net profits of Canada's oil sector more than quadrupled in just five years. The Bloc members feel that the party must end for the oil companies.

But obviously the Conservatives do not feel that way. In 2003, they supported the Liberal government's move to reduce the overall tax rate for oil companies from 28% to 21%. With the changes brought in by the Liberals, supported by the Conservatives, taxes for Canada's oil sector became more advantageous than in Texas.

But that is not enough. In 2007, in their economic statement, the Conservatives introduced tax cuts for oil companies that would see their tax rates drop to 15% in 2012. These tax cuts will enable the oil companies to pocket approximately $3.6 billion in 2012. These figures make it clear that the federal government chooses to give priority to the interests of the oil companies, at the expense of consumers.

I do not know how the Conservative members justify this to their constituents, but I know that when I meet my constituents from Compton—Stanstead, not a single one tells me that the gifts to the oil companies are justified. On the contrary, the people I meet feel cheated by this Conservative government, a government that is in league with an industry that exploits consumers' dependence on oil.

The third component of the approach proposed by the Bloc Québécois has to do with reducing consumers' dependence on oil. This makes sense and it is perfectly in line with Quebec's efforts to fight global warming. The less gas that we consume, the less money the industry will pocket and the better off our planet will be.

November 30th, 2010 / 10:25 a.m.
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Bloc

Josée Beaudin Bloc Saint-Lambert, QC

I would like to hear Ms. Ross talk about Bill C-14.

Fairness at the Pumps ActGovernment Orders

October 26th, 2010 / 10:50 a.m.
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NDP

Jim Maloway NDP Elmwood—Transcona, MB

Madam Speaker, I thank the member for his long-standing interest and work in this area. I also thank him for sending me a copy of the measurement compliance rate, which indicates that retail gasoline has a current compliance of 93%.

The fact is Bill C-14 proposes that the inspection process will cover another eight areas, with perhaps more areas in the future. It proposes to cover retail food, which has a compliance rate, according to his chart, of 90%. Dairy farms have a compliance rate of 89%. Downstream petroleum has a compliance rate of 66%. There are also mining, metals, grain and field crops. It will cover a number of the areas that have a high compliance of the current rate and some which are under compliance. Interestingly enough, It does not include quarries and sandpits, which has the lowest compliance of 47.42%.

We have been observing that we would favour government inspectors over privatizing the expansion process. We are seeing an effort to outsource, to privatize the inspections and increase the number of inspections, which would create a lot of extra expenses for some of the smaller mom and pop operations, no matter what sector they happened to be in.

Could the member comment on that?

In 1995 when the Manitoba Conservative government privatized the car inspection process, the price of used vehicles went up substantially overnight and there was a lot of abuse. The CBC did some undercover operations that showed garages were ripping off customers by fixing all kinds of things that really did not need to be fixed.

Could the member also comment on that?

Fairness at the Pumps ActGovernment Orders

October 26th, 2010 / 10:30 a.m.
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Liberal

Dan McTeague Liberal Pickering—Scarborough East, ON

Madam Speaker, for obvious reasons, I am comfortable with this subject. I cannot support a bill that promotes petty treatment of small gas retailers across the country. I thought that the government was trying to help at a time when rising energy prices cannot be explained by supply and demand. This is a real problem that the government does not want to hear about or deal with.

I am very concerned about Bill C-14 for a number of reasons, which I will be permitted to expand on at some length. Hon. colleagues will know that this is an issue that I have spent a considerable amount of time on. I have devoted my time. I thank the people of Pickering—Scarborough East for indulging me over the years, as well as the people of Pickering—Ajax—Uxbridge and the people of Ontario riding, all three ridings over time representing a good chunk of Canadians, or well over half a million Canadians in that period of time.

I am concerned because this bill suggests, lends itself to or gives the impression that it is doing something which is patently false. The government is not going to give the public any reassurance whatsoever that prices they will pay at the pump, or in fact the measurement, are going to be accurate.

I mentioned earlier the concern I had with respect to how the government is portraying this particular issue. To suggest that somehow it is achieving fairness at the pumps, or as the Minister of Industry lamentably, and I would suggest slanderously, suggested that retailers in this country are chiselling people is simply not only incorrect; it is misleading and it is wrong. The minister ought to have apologized.

Given that the minister has not, he has constructed a body of regulation, which in my view and I think in the view of Measurement Canada, in and of itself will do very little if anything except to undermine the integrity of what is left of competition at the retail level in the gasoline industry in Canada.

Just before the Prime Minister provoked an election, breaking his own word, the industry committee had an opportunity to look at one of the major reasons why energy prices were going up in 2008. It had everything to do with a loophole created that allowed a lack of oversight to the commodities industries around the world. We can recall that energy prices in July 2008, as far as oil was concerned, reached $150 a barrel virtually. The price at the pumps went up substantially. There were a number of other causes and effects, including commodity costs for food and other forms of energy.

The industry committee had one day to look at this before the Prime Minister pulled the rug out from under us in order to obtain an election. Rather than looking at the issue that was confronting Canadians and undermining their standard of living and undermining, as it continuously does, their issue of balancing the cost of living, the government instead chose to pick an article that appeared in May 2008 in the Ottawa Citizen and give it some credibility by talking about it without any actual verification of the numbers, to allow wild extrapolations in terms of the number of pumps that are askew.

Rather than dealing with the fact that we have lost a significant number of refineries in this country due to mergers and acquisitions, rather than dealing with the fact that wholesale prices now move up in lockstep in most provinces and most large communities across this country, rather than dealing with the unfairness of temperature compensation, and I will explain that in a moment, the government chose to narrowly go after the odd gas retailer.

All this would be correct if in fact we learned that the government knew full well that 94% of all the pumps it tested over a rigorous years' period proved to be accurate. Of the 6% that were found to be inaccurate, 2% actually gave consumers more product, and while 4% may have been askew, one would really have to make an argument, both in court and in the public domain, to suggest that somehow gas retailers were involved with chiselling the public.

If the hon. members in the government who proposed this bill had taken the time to actually learn how a pump works, they might find, as we see in so many other instances, that there is obviously a duty of care but retailers may not know that a pump is broken, they may not know that the pulser, which is part of the electronic process, may have malfunctioned, they may not know there is a mechanical problem even after they have tested and even after they have calibrated.

Why is that important to know? It is because they may realize there is a problem, through no fault of their own, and they will test that. Why do they want to test that? It is very simple. No reasonable retail gas retailer in this country is going to want to have a gas pump that malfunctions. The reason is that their volumes will be out, and their logistics and inventory report, which they have to make day in and day out to ensure accuracy for their own economic reasons, are there.

The incentive to do something wrong is certainly not there, but more importantly, there has been no jurisprudence here. There has been no case, to my knowledge, where someone has been convicted of deliberately defrauding someone. If that is the case then I want to hear about it because I have not heard a single cogent argument coming from the government to justify this. It is in fact a solution in search of a problem.

We know that it can lend itself and head toward some very unintended consequences, including penalizing and skewing an industry whose representatives, mom and pop gas station retailers and other people, are working day in and day out, 24 hours a day, seven days a week to try to make a living. The government has the audacity of penalize them and call them chisellers and suggest somehow it is going to remedy the situation with a magic wand saying, poof, we now have new effective fairness at the pumps. This is misleading to Canadians. This is telling Canadians that something is going to happen that does not. I am surprised to see in a few media reports that somehow they have bought this line. It is not going to do anything to help Canadians. Let us understand that when we target a particular industry we had better back it up with facts.

The facts we have before us are very simple, and I suggest this to the member for Burnaby—New Westminster. I have measurement compliance rates from 2005 to 2009, which will take in the period of the Ottawa Citizen article and all the other little things the government says it has done, through Measurement Canada by sector. I have about 30 of them here, which includes sectors where there are less than five data points, where there is not a lot of oversight and inspection, but it has a number of areas: hardware stores, retail rubber products, general merchandise, laundries, cleaners, piece goods, precious metals and stones, alcoholic beverages, honey and apiary, non-metallic minerals, quarries and sandpits, waste collection, transportation, metal scrap, fruit and vegetable, fur and skin, retail gasoline, dairy farms, dairy products, textiles, chemical products, food and beverage manufacturing, electricity, livestock, poultry and there are a few others.

In looking at Measurement Canada's own guide of these 30 or so industries, we find that retail gasoline is the second highest most compliant in the country. So we are going after an industry whose reputation is very good by our own analysis and yet we have a government that wants to target them. With a 93.11% compliance rate, it is only slightly behind honey and apiary at 93.33%. That surprises me because if it is not an admission that the government has this terribly wrong and is targeting the wrong industry, why for goodness' sake has it not gone after the quarries and sandpits industry with a 47.42% accuracy rate? Why has it not gone after the electricity industry? The government says that we use gasoline. Well the last time I checked, this place was lit up by electricity. Its compliance rate from Measurement Canada is 74.19%. One-quarter of what we are buying may not be accurate, and industries and consumers use it day in and day out. Our country is driven by this and yet Measurement Canada, through the direction of the government, decided we are going to target the good guys here.

We are going to go after them because we do not want the public to know that currently energy prices are being manipulated through a lack of oversight both in terms of the trading platforms at NYMEX and around the world. We do not want to let people know that there have been a number of strategic withdrawals of refineries in Canada, removing supply and as a result artificially bumping up the price of gasoline. We do not want to talk about a Competition Act, written in 1986 by the oil industry at the invitation of the then Prime Minister Brian Mulroney to go and rearrange the Competition Act in such a way that it would be the first time that a western country has allowed its very act of policing the commercial industries to be policed by the very people it is meant to police.

It seems to me that we have missed the point here and the government has done something that is classic smoke and mirrors. This is a distraction. This is to give people the impression that somehow when they are pumping gasoline in fact they are not getting what they pay for.

There are probably in excess of 130,000 pumps in this country. There are about 70 billion litres of gasoline and diesel dispensed. I was able to get this document finally from Measurement Canada after three and a half months of requests. They finally gave it to me with one week's notice to review this in advance of this debate and of course for our presence in committee. I was surprised to learn that the $20 million from Measurement Canada, which the government is trotting out as being the annual average rip-off of Canadians, actually turns out to be $8 million, because it recognizes that $12 million of that could have actually gone in favour of the consumer.

That being the case, we know the government is somewhat challenged when it comes to statistics. We know it has a problem with Statistics Canada as it relates to the census, but that should not be surprising, given how it extrapolates its views with respect to statistics and data that it tends to trot out, which it knows to be wrong, which it knows to be false.

Let us put that into context. The average skew of gasoline in Canada is 0.018. That pales in comparison to what is occurring today, which the government does not want to talk about. I am not sure whether it believes that this is acceptable. We have not heard much from it. I have put forth changes to the Competition Act and suggested that we have a petroleum price monitoring agency, for which the Liberal government advocated and implemented and which the Conservative government killed as its first act upon taking over in Parliament in 2006.

Canadians would have what Americans and others around the world have, a better understanding of the inventory picture in the country, but no, Conservatives do not want Canadians to have that. They want Canadians to believe that 0.018% of the time, there might be a skew and they might not actually get what they pay for, but they say nothing of the fact that in Toronto today, there is a 5.3¢ ripoff. In Vancouver it is 9¢. In Montreal it is 6.3¢. In Ottawa today it is 6.1¢.

This is ludicrous. We are worried about 0.018% on a litre of gasoline, but we do not think that 5.5¢, 7¢, 8¢ or 9¢ is a problem. Do the math, and for the media that happens to be watching this, maybe they could do the same as well because, frankly, this is unacceptable. It is in fact not only false; it is a fraud. I cannot, in all good conscience, support something like this, which is meant to do something that it will not do, that is, to give false expectations to consumers who rightly ask the question, “Why has Ottawa failed us?” I could go into substantial detail of why that is, but let us talk about the bigger picture.

We know this morning that commodity prices on food, particularly corn, have skyrocketed. This may be in response to certain economic conditions around the world. The media seems to be focused on potash, but the bigger question is this. How do prices get manipulated? How is it possible that we have abandoned regulatory oversight of how trading on these markets, the energy markets above all, is avoided? Why do we not understand or care in this country, and why do we hear nothing from the finance minister, or anybody on that bench, about what the Americans and many other parts of the world, particularly Europe, France and Britain, are saying? They are saying that it is time to get control of the derivatives, the swap dealers. These are dealers that were created in light of a loophole created in 2000.

Some colleagues here in the House will remember that the year 2000 was the famous year in which the 262-page report of the Commodity Futures Modernization Act took place that allowed energy traders to establish their own exchanges in which to trade contracts and then of course be exempted on exchanges in their entirety from government regulation. That has led to the direct impoverishment and to the consequences of the 2008 period of time in which energy prices spiked.

We could talk about collusion and conspiracy, which is always a convenient argument that is brought out, but I have to remind colleagues that we have to have competitors who would otherwise have different prices, meeting in the dark of night under little lamps, conspiring to bring prices together. That era of competition at the retail level and, more importantly, at the refinery level, is gone. It is over.

Wholesale prices by city are established usually by a leader. In Canada, nominally that tends to be Imperial Oil, at about 3:30 or 4:00 p.m. every day. That wholesale price is simply followed within a microsecond, and whatever that price is, it is traded publicly. It is available to most Canadians if they want to see it. It is not, as a result, price-fixing but rather a distinct, severe and almost pathetic lack of competition in Canada at the wholesale level.

We had very little discussion recently regarding the affect of declining suppliers on the Canadian market. In eastern Canada the Shell refinery closure in Montreal has meant that a once slack supply situation throughout eastern Canada, particularly the Maritimes, Quebec and part of Ontario, is now affected. How is it affected? Let us look at it this way.

Three months ago, wholesale prices in Montreal and Toronto were on average a penny and a half below Toronto. As of last night, those wholesale numbers have changed rather dramatically. They are now a penny and a half above Toronto. As a result of the closure of the refinery in Montreal, Canadians, not the industry, not its apologists or those who ignore it in the media, pay the freight.

Canadians will have to pay more. Looking at that difference of 2.5¢ a litre in the past three months added to the bill of every ordinary Canadian, who uses 100 litres a week, winds up being $2.50 to the average family multiplied by 52 weeks. Canadians have now been told they can pay another $250.

The fact that we cannot look at this issue more intently means Canadians will continue to suffer. It means Canadians will continue to realize just how irrelevant Parliament, and more important the Conservative government, is with respect to coming up with solutions.

I know of no jurisdiction, particularly the United States or Europe, that would tolerate the exit from the market of a player. It would not tolerate the level of concentration in our country. It would it accept that the Competition Act, written by the very people it is meant to police, would ultimately be chaired by somebody who worked for the industry.

We all recall the issue in 2000 of Superior Propane. I brought a bill before the House to prevent a monopoly to occur in the propane industry, and it passed. Our friends in the other place, many of whom sat on the boards of directors of many of these companies, decided they would not allow the bill to go through. I was surprised to learn that the current Competition Commissioner, with all due respect, was counsel for Superior Propane, which obtained that monopoly. Talk about the fox marching into the chicken coop.

Nothing has amazed me more than this industry because money talks. We have been woeful in our ability to address the real substantive dollar and cents issues that Canadians want us to tackle. I am not against this industry. I want the industry to flourish. I want energy markets to behave in a way that responds to the fundamentals of supply and demand. However, what I have is thin drool and dribble coming from the government by it saying that it will target the very people who have been targeted for years.

The people who have lost in our country are hard-working independent gas retailers. Day in and day out they try to eke out a living with very skinny margins and are often subject to predatory pricing created by a Competition Act that has been decidedly in favour of one thing, and that is intensification of monopolization.

If I have done anything in 17 years as a member of Parliament, it is to try to illustrate the economic injustice that is occurring. I will not lend my name to this bill. I will not support this bill. I encourage members of Parliament to look at the bill, look at the bigger picture, look at the real issues and vote it down.

Fairness at the Pumps ActGovernment Orders

October 26th, 2010 / 10:25 a.m.
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NDP

Jim Maloway NDP Elmwood—Transcona, MB

Madam Speaker, the member made an excellent presentation on Bill C-14.

Clearly, the issue here is the empowering of the Commissioner of Competition to act against price fixing. The government has moved against monopolistic practices in real estate at least twice in the last 20 years, and against travel agents and other groups. The question is, if the government can enforce competition in real estate, travel and other industries, why can it not do something about price fixing in retail gas pricing?

To that end, the Bloc has introduced Bill C-452 which accomplishes exactly that. If the government is interested in actually doing something that would get to the root of the problem in this country, then perhaps the government should be looking at supporting the Bloc bill and allowing the Commissioner of Competition to conduct an inquiry into this issue.

Over 125 studies have been done over the last 20 years in the area of price fixing at the pump. The fact of the matter is pretty much everybody concludes that we cannot get a conviction under the current legislation. The key is to change the legislation. That is what we should be doing in this House.

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October 26th, 2010 / 10:20 a.m.
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Liberal

Dan McTeague Liberal Pickering—Scarborough East, ON

Madam Speaker, I listened to the latter half of the speech by the hon. member for Burnaby—New Westminster regarding Bill C-14. He lives in a community in a province in which the wholesale price of gasoline tends to be a little higher than that in the rest of the country. He will recall that the mantra of the oil industry many years ago was to have Canadians pay world prices for fuel.

I wonder if the hon. member would care to comment on the fact that each and every day in Vancouver and region the wholesale price of gasoline and the price people pay at the pumps, ex tax, is 9¢ a litre above world prices.

I understand the member has taken some liberties with the issue of the Ottawa Citizen article a couple of years ago. I want to assure the hon. member that a 93.11% compliance rate in the retail gasoline sector, according to Measurement Canada, gives it the second highest rating of most industries in this country. It is perhaps a question of a dragon slayer in search of a dragon.

More specific to the question, I wonder if the hon. member could tell us what he thinks of the 9¢ a litre ripoff occurring in Vancouver today.

Fairness at the Pumps ActGovernment Orders

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

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.

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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.

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 / 5:55 p.m.
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Bloc

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

Mr. Speaker, I am pleased to speak to Bill C-14, which deals with an amendment to the Electricity and Gas Inspection Act and the Weights and Measures Act.

As my colleague before me, the member for Chicoutimi—Le Fjord and Bloc Québécois industry critic, said, the Bloc Québécois will support this bill in principle. However, I would like to say that this has been a lot of work for not much result. I will explain why. If the government thinks that with this bill it has done a bold stroke of business, to bring the oil companies into line, that it has come up with the most important thing since sliced bread, it is sadly mistaken. That is why we will agree that it should be considered in committee, subject to our later position over the stages to come.

I listened with interest to the discussions—if I may put it that way, the puck passing—among the NDP members in their speeches and questions and comments. Those discussions were very appropriate, very much on point, and very much in tune. My NDP colleagues have also recognized the private member’s bill introduced by my colleague in the Bloc Québécois. However, everyone will acknowledge that Bill C-14 does not allow for a direct response to the problems of collusion such as have recently been brought to light in Quebec, or for effective prevention of sudden gas price increases. The government thinks the solution is inspections of the pumps and penalties imposed by the courts, ranging from $1,000 to $10,000 for minor offences and from $5,000 to $25,000 for major offences. We should not be fooled. Those fines are peanuts for oil companies raking in billions of dollars in profits. I certainly do not think the oil companies deliberately alter the way the pumps work, to steal a half-cent more per litre sold from us. I certainly do not think that is done. But we do agree that there should be more in-depth inspections. We are not against motherhood, any more than we are against apple pie. With fall upon us, we all agree that apple pie is a good thing. During apple season, I have the apple growers on Île d'Orléans and Isle-aux-Coudres in my riding, and they are very skilled and efficient.

All kidding aside, this is not the discovery of the century. The Bloc Québécois would have expected the government to take responsibility, pull up its socks and address the root of the problem in the oil industry, namely collusion between companies. We did not expect to be told that the Competition Bureau looked into the situation and it cannot conduct an investigation itself because that requires accusations and well-documented cases. As far as the case brought to light in Lotbinière, Arthabaska and the Eastern Townships is concerned, fortunately someone from the oil sector blew the whistle. That is how we came to find out about this. However, it is just the tip of the iceberg.

The problem is much more serious. I hope no one will be surprised to learn that the Conservatives are doing nothing to rein in the oil companies and to discipline them. Just look at who is financing the Conservative Party. It is mostly the oil companies. Who needs tax benefits to explore and exploit the oil sands in Alberta? The Conservatives need the oil companies to finance them in the next election campaign as they needed them in previous elections.

Increasing the retailers' responsibility by imposing mandatory periodic inspections of the measuring devices is truly very important, without a doubt, but it is also highly ineffective. We were hoping and we continue to hope that the competition commissioner would be given more powers. The Bloc Québécois has introduced Bill C-452 as a clear response to gasoline price increases.

Mr. Speaker, I hope you understand. I know that your role as Speaker requires you to be completely neutral. You are listening to what I say. You can do two things at once: speak to your colleague on the left and listen to me. You are clearly talented. I will continue to address you, but I will also address the people watching us at home. Do they realize that in Quebec, increases in the price of gas generally happen on Thursdays, when people get paid? Increases can be seen before a long weekend, when there is a statutory holiday. Before Thanksgiving, prices in Montreal jumped by 10¢ or 12¢ just like that. Nothing happened, and the price per barrel around the world is decreasing. Why did the price in Montreal jump by 10¢, 12¢ and even 15¢?

In the past, the oil companies would tell us that the prices were based on what was going on around the world, on the rising price of a barrel of oil, on the wars in Iraq and the invasion of Kuwait. Any excuse would do. We could understand it if there were instability in the countries that produce oil, or if something specific happened. But in this case, nothing happened. On the contrary, the price per barrel is decreasing, but the price at the pump is going up. That is what makes us say that the oil companies are gouging us.

I will give some more examples for the people at home and for my colleagues in the House who are listening. I do not think there is an equivalent in the other provinces, but in Quebec, the last two weeks of July—sometimes up to the beginning of August—are usually what we call the construction holidays. Hundreds of thousands of construction workers are on vacation at the same time. Generally, construction workers are people who work hard. They get up early, and they are at the mercy of the elements and the weather. They are subject to stress on the construction site, and must meet the deadlines on these construction sites, whether they are residential, commercial or industrial. They must complete the buildings and finish their work on time. In Quebec, construction workers take the last two weeks of July to unwind, and many take that opportunity to travel throughout Quebec.

In Quebec, we are naturally attracted to New England, the coast of Maine and the beaches. Some construction workers take long distance or interprovincial buses, some take the train or plane, but the vast majority generally travel by car. If my colleagues would like proof, they need only travel on Quebec roads during the construction holidays.

It is funny that a few days before July 15, 16 or 17, poof, prices suddenly go up. How can that be? What happens?

Fairness at the Pumps ActGovernment Orders

October 25th, 2010 / 5:25 p.m.
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NDP

Jim Maloway NDP Elmwood—Transcona, MB

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

I wanted to start out by making some comments about the Bloc's initiative in Bill C-452, because I really feel that that is a game-changer. That is an actual solid response to a long-term problem.

The bill is a very short bill, but it basically amends the Competition Act to authorize the commissioner to inquire into an entire industry sector. As the previous Bloc speaker has pointed out, in order to launch an investigation under the Competition Act, a complaint has to be made, and that is essentially the problem that has occurred over the years. We really need the Competition Bureau to be able to act very independently and be very proactive when it sees price-fixing going on in the gas industry.

I have been dealing with this issue now since probably 1988, when we went from government to opposition in Manitoba, and my job was to ask a lot of questions every day about gas prices. We looked at a whole range of ways to deal with the issue. As a matter of fact, the Conservative minister in Manitoba at the time, Jim Ernst, who was very frustrated too, I might say, was determined to follow this issue through as far as he could. He was aware that there were already 125 studies on this very topic sitting on the shelves gathering dust. Nevertheless he went and commissioned another one, so we are up to 126 now probably, and at the end of the day that study came up with the same conclusions that all the others did, that yes, in fact there was price-fixing going on but the Competition Act would have to be changed in order to get a conviction. So we found that that was not going to be the route to go.

Once again, he was the minister and I was the opposition critic, so we were not exactly working together on the subject because I was asking him questions every day as to what he was doing about the matter.

That was the issue of the study. Then we looked at the regulatory options, and we were aware that in the Maritimes there were regulatory boards available, regulating gas prices, but we watched them closely over the years and found out that they were not the answer either, because in fact they tended to regulate simply to the highest price.

I think the public would be very supportive of a monitoring agency or a regulatory agency if in fact they were going to see a regulatory agency with teeth, one that was going to be able to reduce the prices and not just approve the increases. What we will find, if we look at the Maritime regulatory boards, is that they regulate up to the higher price, and that has always been my objection to that approach.

At the end of the day of course, the gasoline prices are pretty much dependent upon world pricing, world events and availability of supplies. When there are examples of refineries impacted by severe storms and hurricanes in the southern United States, such as Louisiana, when refineries are shut down because of weather, storms, explosions or work stoppages, there comes a shortage of product and that creates problems.

We have seen a huge reduction in the number of refineries over the years. In Manitoba, as recently as 20 years ago, I believe we had 2 refineries in the province, and today we have none.

So during this period of the early 1990s, when we were looking at the whole area of studying the issue and changes to the Competition Act and we were looking at regulating gas prices, we were also observing some other developments that were happening within the market. One was to look at possibly bringing gasoline through the port of Churchill because, as members know, we have a port in Manitoba that is very underutilized. However, we have some tanker farms up there where there are a number of tanks, which hold gasoline products that are actually shipped further north. And so, we were looking into the possibility of actually shipping them down to the south by rail.

We also had a number of independent operators who were taking advantage of a very low American price at the time. There was at least one in particular, but I think there were two or three. What this operator would do was drive down to Fargo or Grand Forks, North Dakota, load up from the pipeline there, truck the gasoline up into Winnipeg and sell it at perhaps 10¢ or 20¢ less per litre. It was a substantial amount. The point was that when we turned on the evening television news on a day-by-day basis, we would see cars lined up for blocks to buy gasoline from this gas station, which was being supplied by tankers that were bringing the gas up from the States. But of course this fellow could only operate to the extent of his ability to fill up his tanker truck and bring it back up. He could not get beyond supplying the gasoline for one or two gas stations.

We did look at perhaps expanding on that a bit and trying bring in more tankers of gasoline into some other stations, and we did encounter a lot of different problems in that the transfer of gasoline is certainly not done the way it used to be done years ago. Some of the members opposite who were on farms in the 1950s would know that gasoline was transferred from a little truck that drove to the farm. It would be transferred by a hose into a big tank and then transferred from there into the farm equipment, the tractors and so on. However, things have changed and we cannot drive into town or into a big city anymore with a big tanker truck and start selling gasoline out of the tanker. We did discover that was a fact.

So, we did look at all sorts of areas to try to act on behalf of consumers at that time, and it is easy to do when the prices skyrocket very quickly.

I want to take a minute to talk about the member for Pickering—Scarborough East because he is a long-time Liberal member in this House. We have had Liberal members today talk about this issue as if it were something that they had newly discovered and other members who think it is a big Conservative problem, that this problem only surfaced since the current Prime Minister and the current Conservative government came to office and now this is all their problem.

The fact of the matter is that all through those periods of time that I spoke about earlier, the Liberals were in power, from 1993 on, and every attempt that was made to do something about high gasoline prices was thwarted. As a matter of fact, with regard to the member for Pickering—Scarborough East, his own Liberal caucus thwarted his efforts on many occasions, I believe. I used to hear him many times over the years, on the radio, being a champion of the consumer and trying to do things with regard to the Competition Bureau and trying to deal with competition and the price-fixing issues in this country, and he was getting nowhere with his own caucus, with his own government and with his own prime minister.

This has been a longstanding problem. Price-fixing is not something that is just peculiar to the gasoline industry. Since the mid-1980s to the present, we have seen at least two major initiatives on the part of the federal government against price-fixing in the real estate industry. The latest one is being resolved as we speak. Within a number of weeks, the real estate boards across Canada will be getting together to ratify a deal that was made to prevent price-fixing. If that deal is not ratified then, of course, they will proceed through court action.

There are anti-competitive activities that have been around in our society for many years and they have been allowed to foster over the years. It takes strong initiatives on the part of government and law enforcement to attack this and try to break it up, so that the public is better served by true competition.

It is not only real estate agents that have been dealt with over the years but the travel agency business and the property and casualty insurance business. I believe the Toyota Motor Corporation was challenged when it tried to set a fixed price. I am sure members will recall five or six years ago when Toyota tried to dictate to its dealers that in fact there was a fixed price, there was a no-haggle pricing and they could not cut the price. That was dealt with by the government in a positive way.

This is not exciting stuff for the average member of the public, but it is very crucial to a proper competitive environment in which business has to compete. A series of monopolies governing the country is not the way our system is supposed to be operating. We try a lot of things, like monitoring. People think it is a good idea, but we have proven it does not work. However, there are a lot of other things we could look at here.

I want to talk about some of the elements of this bill that people on our side of the House have found objectionable. I do not think we would have a problem if, in fact, these gas pumps across the country were being inspected by government inspectors.

I mentioned earlier that for many years in the province of Manitoba, and maybe some other provinces too, we had a system of random inspections of cars. If a car was bought today, owned for 10 years, it would probably be called in once or twice for an inspection and repairs would have to be made to keep the car in good shape to keep it on the road. People trusted that system because they knew it was government inspectors who were doing the inspecting.

Around 1995, the Conservative government of the day decided to turn the whole inspection system over to private garages. The economy was probably tight, they were not making enough money and this was a way to give them a bit of a cash cow. When cars needed inspecting, they would have to go to a local garage and it was up to the garage to tell the owners what was wrong with their cars. We have seen many terrible examples of gouging, where people have bought a car, taken it to a garage, and found out they have to spend hundreds if not thousands of dollars for repairs before they could put that car on the road. We have seen totally different examples of people who have taken cars in and have found out later from a friend in the business that in fact cars that are really not safe at all are being approved, are being certified as safe and being allowed to be driven on the road, because someone has an in with somebody or has a relative in the garage or dealership.

This system was brought in as a sop to the car industry, and overnight the price of used cars went up. We used to see $50 cars, $100 cars, back in the early 1990s. Then, overnight, because of the safety inspection system, the worst-looking car on the road was a $1,000 vehicle.

After a couple of years, the CBC and other news outlets, based on complaints, started to do investigations of what was happening. They found all sorts of examples of gouging in Manitoba, where people were being taken advantage of. The CBC would take in cars that they had previously had inspected; they knew what was wrong with them. I will not mention the garages, but some of them hon. members would know, because they are nationally known chains. The cars would be taken to five or six different garages, and most of the garages, if not all of them, would find huge problems with the cars, when there was nothing wrong with them. That was a blatant example of gouging. Some of the garages lost their licences because of this. Then, a year or two later, a follow-up was done. They found still more cases of gouging. In fact, the second time around, some of the same garages that were caught the first time were cited once again.

Hon. members should know that we cannot get rid of the system once it is in place. The NDP, under Gary Doer, became the government in 1999. It did not get rid of this system and go back to a centralized government inspection system. In fact, it changed the safety inspection period, from two years to one.

As for keeping cars safe on the road, safety inspections are required only when we sell our car. If we have a car and it is sold three or four times in the first two or three years, it will have safety inspections over and over again. However, if we buy the car and drive it ourselves and keep it, we could drive the car forever and it will never be called in for a safety inspection. Potentially, we may have many unsafe cars on our roads. This is a result of turning a perfectly functioning system over to the private sector.

Let us take a look at what could happen and probably will. Members have already said that, if we are dealing with rural areas, northern areas, then we are talking about the private sector. Who will be doing the inspections of the pumps in Yukon? Who will be doing them in the Northwestern Territories, northern B.C., in rural areas? It is a licence to print money. It is a recipe for abuse to have a system like this.

I also want to deal with some aspects of the weights and measures issue. But this is not the way to go. The public and the retailers would accept it if the government were to do the inspections. The inspections should be done over a period of time, but the government should do them. We should not allow the private sector to do these inspections.

Fairness at the Pumps ActGovernment Orders

October 25th, 2010 / 5:25 p.m.
See context

Bloc

André Bellavance Bloc Richmond—Arthabaska, QC

Mr. Speaker, I thank the hon. member for his second question. I did not see that in Bill C-14, but I think he makes an excellent, very relevant suggestion. This should be discussed in committee, if the bill makes it that far, which is quite possible. That would be one of the questions to consider. I am not certain that studying Bill C-14, which has to do with the accuracy of measuring gas at the pump, will be the best forum for discussing the oil companies' practice of splitting into smaller companies to spread out their profits. It would be very interesting to confirm that. The government would have to do some very precise calculations of oil companies' profits. Everyone knows they are making billions of dollars in profits.