Bill C-319

1st Session, 39th Parliament,

55 Elizabeth II, 2006

house of commons of canada

BILL C-319

An Act to establish the Energy Price Commission

WHEREAS the price of energy affects the cost of most commodities and goods and the health of interprovincial trade in all parts of Canada;

AND WHEREAS it is essential for the stability of the cost of living and the growth of interprovincial trade across Canada that energy prices be regulated and that unjustifiable increases be prevented;

NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

1. This Act may be cited as the Energy Price Commission Act.

INTERPRETATION

2. The definitions in this section apply in this Act.

“Commission” means the Energy Price Commission.

“energy” means motor fuel, heating oil or electric power.

“Minister” means the Minister of Industry.

“motor fuel” means any hydrocarbon fuel that is to be used in the engine of a motor vehicle.

“supply contract” means a contract for the supply of motor fuel over a period of time by delivery direct to the vehicles of the purchaser or to storage owned by or operated for supply to the purchaser.

“Tribunal” means the Competition Tribunal established by subsection 3(1) of the Competition Tribunal Act.

ENERGY PRICE COMMISSION

3. (1) There is hereby established a Commission to be known as the Energy Price Commission, consisting of not more than five full-time members and not more than ten part-time members to be appointed by the Governor in Council.

(2) A full-time member shall be appointed to hold office during good behaviour for a term not exceeding seven years and may be removed at any time by the Governor in Council for cause.

(3) Subject to subsections (4) and (5), a member may be appointed for a second term, but not a third or subsequent term.

(4) No person shall continue as a member of the Commission after attaining the age of 65 years.

(5) No person shall be appointed to or remain in office as a member of the Commission who

(a) is not a Canadian citizen; or

(b) is or becomes a shareholder, director, officer, partner or employee of a corporation or enterprise whose business includes the exploration, transportation, marketing, manufacture or sale of energy that is under the jurisdiction of the Commission or has any financial interest in any such corporation or enterprise.

(6) Paragraph (5)(b) does not apply to an interest that vests beneficially in a member by will or succession and is disposed of absolutely by the member within three months of the vesting.

(7) For the purpose of this section, a position or interest described in paragraph (5)(b) that is held by the spouse of a member is deemed to be held by the member.

4. The Governor in Council shall name one of the full-time members to be the Chairperson of the Commission and two of the full-time members to be Vice-Chairpersons of the Commission.

5. (1) A full-time member shall be paid such remuneration and reasonable expenses as the Governor in Council may order.

(2) A part-time member shall be paid such reasonable expenses as the Governor in Council may order.

6. The head office of the Commission shall be in such place in Canada as is ordered by the Governor in Council.

7. (1) The Commission may operate in one or more panels of five or more persons named by the Commission.

(2) A quorum for transaction of the business of the Commission or a panel is one third of the membership of the Commission or panel.

(3) The Commission and any panel of the Commission shall meet in public at a time and place that has been previously advertised to the public, unless the Commission has ordered that the meeting may be held in private in order to protect the confidentiality of a bona fide interest of any person.

(4) The Commission shall meet at least ten times a year.

8. (1) The object of the Commission is to regulate the wholesale and retail price of energy in Canada.

(2) In carrying out its object or an investigation referred to in section 11, the Commission has the powers of a commissioner under the Inquiries Act.

9. In setting the prices of energy, the Commission shall take into account

(a) the interest of the public in having energy available at a reasonable and consistent price for personal, commercial and industrial use; and

(b) the reasonable costs of the manufacturer, distributor, wholesaler and retailer of the energy that have been incurred in Canada in respect of the energy.

10. (1) No person shall sell energy or offer it for sale at a wholesale or retail price that exceeds a level set by the Commission.

(2) In the case of a supply contract that is in effect on the day on which this Act comes into force, subsection (1) does not apply until one year after that day.

11. If the Tribunal refers to the Commission a question respecting competition in the wholesale or retail marketing of energy, the Commission shall investigate the matter and submit a report to the Tribunal.

12. The Competition Act is amended by adding the following after section 103.3: