ORDER NUMBER
G-168-21
IN THE MATTER OF
the Utilities Commission Act, RSBC 1996, Chapter 473
and
1231805 BC Ltd. (Osoyoos Shell – 92ND Ave)
Apparent
Non-Compliance of the Fuel Price Transparency Act
BEFORE:
B. A. Magnan, Commissioner
on May 31, 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 1231805 BC Ltd. (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.
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;
G. By Order G-141-21 dated May 6, 2021, the
BCUC requested comment 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;
H. On May 11, 2021, Osoyoos Shell – 92nd registered as a reporting entity in relation to the FPT
Act, but to date no reports have been submitted to the BCUC; and
I.
The BCUC seeks the necessary reporting
information from Osoyoos Shell – 92nd Ave required by responsible
persons in order to ensure compliance with the FPT Act.
NOW THEREFORE the BCUC requests Osoyoos Shell – 92nd Ave to submit the necessary reporting information for the October 2020 reporting period as per the FPT Act and Regulations to the BCUC within 14 days of the date of this order.
DATED at the City of Vancouver, in the Province of
British Columbia, this 31st day of May
2021.
BY ORDER
Original signed by:
B. A. Magnan
Commissioner