Federal Carbon Tax Transparency Act, 2019, S.O. 2019, c. 7, Sched. 23

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Federal Carbon Tax Transparency Act, 2019

S.o. 2019, chapter 7
Schedule 23

Consolidation Period: From August 30, 2019 to the e-Laws currency date.

No amendments.

Definitions

1 In this Act,

“gasoline” means any gas or liquid that is subject to tax under subsection 2 (1) of the Gasoline Tax Act, but is not subject to tax under subsection 2 (2), (3) or (4) of that Act; (“essence”)

“Minister” means the Minister of Energy, Northern Development and Mines or such other member of the Executive Council to whom responsibility for the administration of this Act may be assigned or transferred under the Executive Council Act. (“ministre”)

Notice on gasoline pumps

2 (1) The person who is licensed under the Technical Standards and Safety Act, 2000 to operate a retail outlet at which gasoline is sold at a gasoline pump and put into the fuel tanks of motor vehicles shall,

(a) obtain from the Minister copies of the prescribed notice with respect to the price of gasoline sold in Ontario; and

(b) ensure the notice referred to in clause (a) is affixed to each gasoline pump at the retail outlet in such manner as may be prescribed.

Exception, reserves

(2) Subsection (1) does not apply with respect to a retail outlet located,

(a) on a reserve, as defined in the Indian Act (Canada); or

(b) in an Indian Settlement located on Crown land, the Indian inhabitants of which are treated by Indigenous Services Canada in the same manner as Indians residing on a reserve.

Inspections

3 (1) Any person authorized by the Minister for the purpose of this section may at all reasonable times enter into any retail outlet with respect to which subsection 2 (1) applies and inspect or examine the gasoline pumps at the retail outlet for the purpose of determining compliance with this Act.

Obstruction

(2) No person shall hinder, obstruct or interfere with or attempt to hinder, obstruct or interfere with a person doing anything that the person is authorized by subsection (1) to do.

Offences

Contravention of notice requirements

4 (1) Every person who contravenes subsection 2 (1) is guilty of an offence and on conviction is liable,

(a) in the case of an individual,

(i) for a first offence, to a fine of not more than $500 for every day or part of a day on which the offence occurs or continues, and

(ii) for a second or subsequent offence, to a fine of not more than $1,000 for every day or part of a day on which the offence occurs or continues; and

(b) in the case of a corporation,

(i) for a first offence, to a fine of not more than $5,000 for every day or part of a day on which the offence occurs or continues, and

(ii) for a second or subsequent offence, to a fine of not more than $10,000 for every day or part of a day on which the offence occurs or continues.

Obstruct inspection

(2) Every person who contravenes subsection 3 (2) is guilty of an offence and on conviction is liable to a fine of not less than $500 and not more than $10,000.

Duty of directors and officers

(3) A director or officer of a corporation that is licensed under the Technical Standards and Safety Act, 2000 to operate a retail outlet referred to in subsection 2 (1) shall take all reasonable care to ensure that subsection 2 (1) is complied with.

Contravention of duty of directors and officers

(4) A person who has the duty imposed by subsection (3) and fails to carry it out is guilty of an offence and on conviction is liable to the penalty provided for in subsection (1).

Same

(5) A person may be prosecuted and convicted under subsection (4) even if the corporation has not been prosecuted or convicted.

Regulations

5 (1) The Lieutenant Governor in Council may make regulations for the purpose of carrying out the provisions of this Act, including,

(a) prescribing anything that may be prescribed under this Act;

(b) providing for time limits within which the requirements under clauses 2 (1) (a) and (b) must be complied with.

Contents of the prescribed notice

(2) The notice prescribed under subsection (1) for the purpose of clause 2 (1) (a),

(a) shall set out information with respect to the effect of the charge referred to in subsection 17 (1) of the Greenhouse Gas Pollution Pricing Act (Canada) on the price of gasoline sold in Ontario, which may include information as estimated or otherwise determined by the Minister; and

(b) may set out other information with respect to the price of gasoline sold in Ontario, which may include information as estimated or otherwise determined by the Minister.

6 Omitted (provides for coming into force of provisions of this Act).

7 Omitted (enacts short title of this Act).

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