ORDER NUMBER
G-141-21
IN THE MATTER OF
the Utilities Commission Act, RSBC 1996, Chapter 473
and
Osoyoos Shell – 92ND Ave
Apparent
Non-Compliance of the Fuel Price Transparency Act
BEFORE:
B. A. Magnan, Commissioner
on May 6, 2021
ORDER
WHEREAS:
A. On November 28, 2019, the Government of British Columbia (BC)
enacted the Fuel Price Transparency Act (FPT Act). The FPT Act requires
a responsible person engaged in a reportable activity to submit reportable fuel
data to the Administrator;
B. By Order in Council (OIC) No. 123/20 dated March 9, 2020, the
Lieutenant Governor in Council (LGIC) designated the British Columbia Utilities
Commission (BCUC) as the Administrator of the FPT Act. The BCUC is responsible
for collecting data to promote competitiveness and public confidence in the
competitiveness of the fuel market in BC;
C. By OIC No. 474/20 dated August 13, 2020, the LGIC, established the
Fuel Price Transparency Regulations (FPT Regulations) under the FPT Act, which
requires fuel importers, wholesalers, terminal owners/operators and those who
supply fuel to retail dealers, to make periodic submissions to the BCUC
effective November 1, 2020. The BCUC is responsible for ensuring compliance
with these regulations as the Administrator of the FPT Act;
D. By Letter dated November 23, 2020, the BCUC notified Osoyoos Shell –
92nd Ave that it may potentially be a Reporting Person and is required
to report under the FPT Act and Regulation. The letter required Osoyoos Shell –
92nd Ave to submit the required reporting documents or complete an
exemption declaration form to ensure compliance;
E. By letters dated December 18, 2020 and March 31, 2021, the BCUC
followed up with your organization requesting required information to ensure compliance
with the FPT Act;
F. To date, the BCUC has not received the required
information from your organization to ensure Osoyoos Shell – 92nd
Ave is in compliance with the FPT Act and Regulation;
G. When eligible reporting persons do not submit prescribed fuel data
as required by section 5 of the FPT Act, the BCUC may impose administrative
penalties in accordance with Part 4, Division 2 of the FPT Act where the BCUC
is satisfied on a balance of probabilities that the person has contravened
section 5(1) of the FPT Act; and
H. The BCUC seeks comments from Osoyoos Shell – 92nd
Ave on its apparent non-compliance with
the FPT Act in order to assess whether the apparent non-compliance represents a
contravention of the FPT Act.
NOW THEREFORE the BCUC requests Osoyoos Shell – 92nd Ave to provide comments on the apparent non-compliance with the FPT Act within 14 days of the date of this order.
DATED at the City of Vancouver, in the Province of
British Columbia, this 6th day of May,
2021.
BY ORDER
Original signed by:
B. A. Magnan
Commissioner