May 31, 2022 Sent via email/registered mail Gateway Service Station FSJ Ltd. Att: Trevor Bolin 10216 114A Avenue Fort St. John, BC V1J 7J2 tbolin@me.com
Re:
Patrick Wruck Commission Secretary
Commission.Secretary@bcuc.com bcuc.com
Suite 410, 900 Howe Street Vancouver, BC Canada V6Z 2N3 P: 604.660.4700 TF: 1.800.663.1385 F: 604.660.1102
Registered Office Address Gateway Service Station FSJ Ltd. Att: Trevor Bolin #101, 10343 100 Avenue Fort St. John, BC V1J 1Y8
CONFIDENTIAL Letter L-20-22
Gateway Service Station FSJ Ltd. – Fuel Price Transparency Act – Project Number 1599331 – Alleged Contravention of Section 5(1) of FPT Act – Notice of Intent to Impose an Administrative Penalty
Dear Mr. Bolin, Pursuant to section 4 of the Utilities Commission Act, David Morton, as Chair of the British Columbia Utilities Commission, appoints commissioner Bernard Magnan as the panel of one to conduct the review of the hearing regarding Gateway Service Station FSJ Ltd.’s alleged contravention of section 5 (1) of the Fuel Price Transparency Act (FPT Act).
The BCUC is notifying Gateway Service Station FSJ Ltd. of its rights under section 3 of the Administrative Penalties (FPT Act) Regulation. If Gateway Service Station FSJ Ltd. wishes to make representations in respect of the alleged contravention, Gateway Service Station FSJ Ltd. must make a request in writing to the BCUC within 30 days after the date the notice of intent is served. If Gateway Service Station FSJ Ltd. makes a request in accordance with section 3 of Administrative Penalties (FPT Act) Regulation, the BCUC must conduct a hearing before imposing an administrative penalty on Gateway Service Station FSJ Ltd.
This notice of intent, together with the enclosed BCUC staff investigation report dated May 26, 2022 (attached as Appendix A), is being sent via registered mail and is considered to have been served to Gateway Service Station FSJ Ltd. 14 days after the posting date. If Gateway Service Station FSJ Ltd. wishes to make representations in respect of the alleged contravention, Gateway Service Station FSJ Ltd. must make a request in writing to the BCUC within 30 days of the date by which the notice of intent is considered to be served, in accordance with section 3 of Administrative Penalties (FPT Act) Regulation.
Should Gateway Service Station FSJ Ltd. not respond in writing to the BCUC requesting an opportunity to make representations, the BCUC may determine Gateway Service Station FSJ Ltd. is in contravention of the FPT Act and may impose an administrative penalty on Gateway Service Station FSJ Ltd.
Sincerely, Original signed by: Patrick Wruck Commission Secretary
CMV/db Enclosure
Gateway Service Station FSJ Ltd. – Notice of Intent to Impose an Administrative Penalty
1 of 1
Compliance Suite 410, 900 Howe Street Vancouver, BC Canada V6Z 2N3 bcuc.com
P: 604.660.4700 TF: 1.800.663.1385 F: 604.660.1102
May 26, 2022 Sent via email Mr. Patrick Wruck Commission Secretary British Columbia Utilities Commission Suite 410 - 900 Howe Street Vancouver, BC V6Z 2N3 commission.secretary@bcuc.com
Dear Mr. Wruck: Re: Gateway Service Station FSJ Ltd. (Gateway Esso) - Fuel Price Transparency Act Staff Investigation Report
Enclosed, please find the May 26, 2022 Staff Investigation Report regarding Gateway Service Station FSJ Ltd. (Gateway Esso)’s compliance with the Fuel Price Transparency Act.
Sincerely,
Original signed by:
Kristine Bienert Executive Director, Compliance and MRS
MT/db Enclosure
Staff Investigation Report Gateway Service Station FSJ Ltd. May 26, 2022 I. Introduction In August 2020, the BC government announced the Fuel Price Transparency Regulations outlined in Order in Council (OIC) No. 474/20, under the Fuel Price Transparency Act (FPT Act). These regulations require fuel importers, wholesalers, terminal owners/operators, and those who supply fuel to retail dealers to report information and data on their activities in the gasoline and diesel fuel market in the province. These entities are considered Responsible Persons under the FPT Act and are required to make regular reports to the British Columbia Utilities Commission (BCUC) via the Fuel Price Transparency Regulatory Registration Portal (Portal) in accordance with FPT Act Regulation Reporting Guidelines.
As the Administrator of the FPT Act, the BCUC is responsible for ensuring compliance with the regulations established under it. Staff conducted an investigation into Gateway Esso’s October 2020 fuel data reporting period and provide the following report and evidence on the matter.
II.
Information supporting the alleged contravention
Gateway Service Station FSJ Ltd. FPT Act Alleged Contravention Section 5 (1), periodic submissions Reporting Period October 2020 Details Legislative Authority Under section 5 (1) of the FPT Act, a Responsible Person is required to submit fuel data to the Administrator for each reporting period by the prescribed date and in the form required by the Administrator. As per section 12 (1) (a) of the FPT Act, if a Responsible Person does not submit prescribed fuel data by the date and in the form required by the Administrator as required under section 5 (1), the Administrator may impose administrative penalties. The BCUC is the designated Administrator of the FPT Act.
On November 1, 2021, the Lieutenant Governor approved OIC No. 596, which established the Administrative Penalties (FPT Act) Regulation. Pursuant to the Administrative Penalties (FPT Act) Regulation, a contravention of the FPT Act includes the following: a. a contravention of a provision listed in section 12 (1) (a) to (f) of the FPT Act; b. the provision of false or misleading information or records in a submission under the Act or to an inspector conducting an inspection under the FPT Act; or c. the making of a false statement in periodic submissions, requested submissions, or supplementary submissions of the FPT Act.
Alleged Contravention Facts As a Responsible Person under the FTP Act, Gateway Esso is required to report fuel data by the deadline established and in the format required by the BCUC. The BCUC contacted Gateway Esso 13 times by letter or email regarding the requirement to submit fuel data for the October 2020 period, which was originally due by November 16, 2020, via the Portal. To date, Gateway Esso has not submitted its October 2020 fuel data via the Portal to the BCUC as required. Please see Attachment 2 for the record of correspondence between the BCUC and Gateway Esso.
Gateway Service Station FSJ Ltd. - Staff Investigation Report
Page 1 of 5
III.
Administrative penalty
Administrative penalty range: $0-$100,000 Pursuant to section 5 of the Administrative Penalties (FPT Act) Regulation, the maximum amount of an administrative penalty that may be imposed under section 12(1) of the FPT Act for each contravention or other action is $100,000. Considering the factors in section 4 of the Administrative Penalties (FPT Act) Regulation, staff’s recommendation is set out below. Please see Attachment 1 for BCUC staff’s analysis.
IV.
Responsible Person
Gateway Service Station FSJ Ltd.
Conclusion
Alleged Contravention
Section 5 (1), periodic submissions – October 2020 reporting period
Penalty Range
$0-$100,000
Staff’s Recommendation of Penalty Amount
$1,000
Gateway Esso’s alleged contravention is a failure to submit October 2020 fuel data by the deadline established and in the format required by the BCUC. Staff recommend the BCUC impose an administrative penalty on Gateway Esso in accordance with section 12 (1) (a) of the FPT Act and the Administrative Penalties (FPT Act) Regulation in the amount of $1,000.
Gateway Service Station FSJ Ltd. - Staff Investigation Report
Page 2 of 5
Attachment 1: Penalty Assessment Factors
Penalty Assessment Factors a) the person’s history of compliance with the Act, including whether and how often the person has previously i) contravened any of sections 5 to 8 of the Act; ii) provided false or misleading information or records in a submission under the Act or to an inspector conducting an inspection under the Act; iii) made a false statement under section 5 (3) (b) [periodic submissions], 6 (3) (b) [requested submissions] or 7 (3) (b) [supplementary submissions] of the Act b) any previous administrative penalties imposed on i) the person; ii) if the person is an individual, a corporation of which the individual is or was an employee, officer, director or agent; iii) if the person is a corporation, an employee, officer, director or agent of the corporation c) whether the contravention or other action was repeated or continuous
Facts and Evidence Gateway Esso has no history of non-compliance prior to this apparent contravention.
The BCUC has not imposed previous administrative penalties on Gateway Esso.
•
•
• •
The October 2020 fuel data was originally due on November 16, 2020. Gateway Esso was provided multiple reminders to submit the October 2020 fuel data to the BCUC via the Portal. Gateway Esso requested BCUC staff assistance with Portal Registration on May 7, 2021, and for submitting data on July 30, 2021. On July 30, Gateway Esso provided the July 2021 fuel data via the Portal. To date, Gateway Esso has not submitted the October 2020 fuel data via the Portal.
Gateway Service Station FSJ Ltd. – Staff Investigation Report
Staff Analysis As there is no history of non-compliance, staff recommend a penalty at the lower range of the scale.
As the BCUC has not previously imposed administrative penalties on Gateway Esso, staff recommend a penalty at the lower range of the scale.
The alleged contravention is continuous as Gateway Esso has yet to submit the 2020 fuel data via the Portal as required.
Page 3 of 5
Penalty Assessment Factors d) whether the contravention or other action was deliberate
e) the gravity and magnitude of the contravention or other action
f) In the case of an audit under section 10 [audits] of the Act or an inspection under section 11 (7) or (8) [inspections] of the Act, the degree and quality of the person’s cooperation g) whether any undue hardship that might arise from the amount of the penalty
h) any other matter the administrator considers relevant
Facts and Evidence • On June 16, 2021, Gateway Esso registered as a Responsible Person in relation to the FPT Act. • The BCUC has sent several letters to Gateway Esso requesting that they submit the October 2020 fuel data. • Gateway Esso requested assistance with Portal Registration on May 7, 2021, and again for preparing the reports on July 30, 2021 • To date, Gateway Esso has not submitted the October 2020 fuel data via the Portal. As per section 5 (1) of FPT Act, eligible Responsible Persons are required to submit prescribed fuel data to the BCUC for each reporting period.
Not applicable
Staff is unaware of the ownership structure for Gateway Esso.
Gateway Esso submitted the July 2021 fuel data via the Portal.
Gateway Service Station FSJ Ltd. – Staff Investigation Report
Staff Analysis Gateway Esso registered as a reporting entity and is aware of the requirement to submit the October 2020 fuel data via the Portal; staff therefore consider the alleged contravention to be deliberate.
The BCUC has not received any complaints or inquiries about the missing fuel data, leading staff to conclude the gravity or magnitude of the alleged contravention is limited. Given the limited gravity and magnitude of the alleged contravention, staff recommend a penalty at the lower range of the scale. Not applicable
Staff have no evidence that an administrative penalty may cause undue hardship at this time. Gateway Esso is aware of the reporting requirement and has previously submitted other fuel data via the Portal, but not the October 2020 fuel data as required.
Page 4 of 5
Attachment 2: Correspondence between Gateway Esso and BCUC Please see table summarizing the correspondence between Gateway Esso and BCUC below; copies of the correspondence are also enclosed.
Sent by
BCUC BCUC BCUC BCUC BCUC Gateway Esso BCUC BCUC n/a BCUC BCUC Gateway Esso BCUC BCUC
BCUC
BCUC
Date
November 23, 2020
December 18, 2020
March 30, 2021
May 6, 2021
May 7, 2021
May 7, 2021
May 7, 2021
May 31, 2021
June 16, 2021
June 16, 2021
June 28, 2021
July 30, 2021
July 30, 2021
July 30, 2021
September 24, 2021
November 16, 2021
Correspondence Type
Letter via email and registered mail Letter via email and registered mail Letter via email and registered mail Letter and Order via email Letter via email Email Email Letter and Order via email Portal Registration Email Letter via email Email Email Letter via email
Letter via email
Gateway Service Station FSJ Ltd. – Staff Investigation Report
Document Description
Initial letter requesting registration and its October 2020 fuel data submission
Reminder Letter # 2 - requesting registration and its October 2020 fuel data submission
Reminder Letter # 3 - requesting registration and the October 2020 fuel data submission
Establishing a hearing process Apparent Non-compliance of the FPT Act – Request for Comments
Requesting assistance to register BCUC staff responding to Gateway Esso’s May 7, 2021, email and offering assistance
Order Amended due to typographical error response deadline extended to June 14, 2021
Gateway Esso completes registration via BCUC’s Regulatory Reporting Portal (Portal)
Confirming Gateway Esso’s Registration via the Portal
Requesting October 2020 fuel data via the Portal from Gateway Esso by July 12, 2021
Requesting assistance to prepare fuel data reports
BCUC staff responding to request for assistance
Requesting October 2020 fuel data via the Portal from Gateway Esso by August 13, 2021
Requesting October 2020 fuel data and data for all outstanding months via the Portal by October 8, 2021
Notifying Gateway Esso that OIC 596 established the Administrative Penalties (Fuel Price Transparency Act) Regulation
Page 5 of 5
Marija Tresoglavic Acting Commission Secretary
Commission.Secretary@bcuc.com bcuc.com
Suite 410, 900 Howe Street Vancouver, BC Canada V6Z 2N3 P: 604.660.4700 TF: 1.800.663.1385 F: 604.660.1102
November 23, 2020 Sent via email/mail GATEWAY ESSO 11119 ALASKA RD FORT ST. JOHN BC V1J 0P2
Re:
Fuel Price Transparency Act – October Reporting Period
The British Columbia Utilities Commission (BCUC) has not received GATEWAY ESSO’s Fuel Price Transparency (FPT) reporting forms for the October reporting period, which were due on November 16, 2020.
The FPT Act 1 and FPT Regulation 2 requires fuel importers, wholesalers, terminal owners/operators, and suppliers of retail dealers in BC to report information and data on their activities in the gasoline and diesel fuel market in the province (Reporting Entities). The FPT Act and Regulation require Reporting Entities to make regular reports to the BCUC. As the Administrator of the FPT Act, the BCUC is responsible for ensuring compliance with the Act and Regulation.
A review of your operations indicates that you may potentially be a Reporting Entity and required to report under the FPT Act and Regulation. To date, the BCUC has not received any reporting forms from your organization. To ensure compliance with the FTP Act and Regulation, please submit one of the following to the BCUC:
•
•
•
•
Confirmation that your organization has submitted all required reporting forms for the October reporting period before the November 16, 2020 deadline under another organizational name, including details of how these filings were made and who made them.
Submission of all required reporting forms for the October reporting period. These reporting forms can be submitted on the gaspricesbc.ca website via the BCUC’s Regulatory Reporting portal. Information and technical guidance regarding registration and filing reporting forms can be found at GasPricesBC.ca/Industry. If required, BCUC staff can provide further assistance.
A completed exemption declaration (attached) stating that your organization meets the exemption under the FPT Act or Regulation and/or is not required to submit the reporting forms. Importers of fuel are exempt from reporting if imports are less than 2,000 litres of reportable fuel per month during the monthly reporting period.
A completed declaration (attached) stating that your organization is not required to report to the BCUC pursuant to the FTP Act or Regulation as GATEWAY ESSO is not a reportable fuel importer, wholesaler, terminal owner/operator, or supplier of retail dealers in BC.
The BCUC requires GATEWAY ESSO to provide this submission by no later than December 14, 2020. If the BCUC does not receive a response by this date, then the BCUC will take enforcement steps against GATEWAY ESSO related to this matter. Please note that the BCUC may require further information or a renewed declaration at a later date. If so, you will be contacted accordingly.
1 SBC 2019, c. 46 2 BC Reg. 52/2020
October Reporting Period
1 of 2
If you have any questions or require further information, please visit GasPricesBC.ca or feel free to contact us. The purpose of the FPT Act is to promote public confidence in the competitiveness of the gasoline and diesel fuel market and the BCUC looks forward to continuing to work with you in achieving the objectives of the FPT Act.
Sincerely, Originally signed by: Marija Tresoglavic Acting Commission Secretary
AP/ae Enclosure
October Reporting Period
2 of 2
Suite 410, 900 Howe Street Vancouver, BC Canada V6Z 2N3 bcuc.com
P: 604.660.4700 TF: 1.800.663.1385 F: 604.660.1102
Fuel Price Transparency Act Exemption Declaration The Fuel Price Transparency (FPT) Act and FPT Regulation requires fuel importers, wholesalers, terminal owners/operators, and suppliers of retail dealers in BC to report information and data on their activities in the gasoline and diesel fuel market in the province. Importers of fuel are exempt from reporting to the Administrator where imports are less than 2,000 litres of reportable fuel per month during the reporting period.
By signing this declaration, you on behalf of your organization confirm the following: 1. Your organization meets the exemption requirements under the FPT Act or Regulation as it imports less than 2,000 litres of reportable fuel for each month during the reporting period.
2. In the event your organization imports more than 2,000 litres of reportable fuel per month during the reporting period, you will contact the British Columbia Utilities Commission and commence filing all necessary reporting forms for future reporting periods.
This Declaration must be signed by a person authorized to sign on behalf of your organization. Organization, First and Last Name, Signature Date Signed Title
1 of 1
Suite 410, 900 Howe Street Vancouver, BC Canada V6Z 2N3 bcuc.com
P: 604.660.4700 TF: 1.800.663.1385 F: 604.660.1102
Fuel Price Transparency Act Declaration The Fuel Price Transparency Act (FPT) Act and FPT Regulation requires fuel importers, wholesalers, terminal owners/operators, and suppliers of retail dealers in BC to report information and data on their activities in the gasoline and diesel fuel market in the province.
By signing this declaration, you on behalf of your organization confirm the following: 1. Your organization is currently not required to report to the British Columbia Utilities Commission (BCUC) pursuant to the FTP Act or Regulation as your organization is not a fuel importer, wholesaler, terminal owner/operator, or supplier of retail dealers in BC as contemplated in the FPT Act or Regulation.
2. In the event your organization becomes a fuel importer, wholesaler, terminal owner/operator or supplier of retail dealers in BC, as contemplated in the FPT Act or Regulation, you will contact the BCUC and commence filing all necessary reporting forms for future reporting periods.
This Declaration must be signed by a person duly authorized to sign on behalf of your organization. Organization, First and Last Name, Signature Date Signed Title
1 of 1
Marija Tresoglavic Acting Commission Secretary
Commission.Secretary@bcuc.com bcuc.com
Suite 410, 900 Howe Street Vancouver, BC Canada V6Z 2N3 P: 604.660.4700 TF: 1.800.663.1385 F: 604.660.1102
December 18, 2020 Sent via email/mail GATEWAY ESSO 11119 ALASKA RD FORT ST. JOHN BC V1J 0P2
Re:
Fuel Price Transparency Act – October 2020 Reporting Period Past Due
The British Columbia Utilities Commission (BCUC) has not received GATEWAY ESSO Fuel Price Transparency (FPT) Regulation reporting forms for the October reporting period, which were due on November 16, 2020.
On November 23, 2020, the BCUC sent out a letter notifying your organization that it did not receive FPT Regulation reporting forms for the October reporting period and requesting further action. To date, the BCUC has not received a response from your organization.
As indicated in our previous letter to your organization, a review of your operations indicates that you may potentially be a Reporting Entity and required to report under the FPT Act and Regulation. To ensure compliance with the FPT Act and Regulation, please submit one of the following to the BCUC:
•
•
•
•
Confirmation that your organization submitted all required reporting forms for the October reporting period before the November 16, 2020 deadline under another organizational name, including details of how these filings were made and who made them.
Submission of all required reporting forms for the October reporting period. These reporting forms can be submitted on the GasPricesBC.ca website via the BCUC’s Regulatory Reporting Portal. Information and technical guidance regarding registration and filing reporting forms can be found at GasPricesBC.ca/industry. If required, BCUC staff can provide further assistance.
A completed exemption declaration (attached) stating that your organization meets the exemption under the FPT Act or Regulation and/or is not required to submit the reporting forms. Importers of fuel are exempt from reporting if imports are less than 2,000 litres of reportable fuel per month during the monthly reporting period.
A completed declaration (attached) stating that your organization is not required to report to the BCUC pursuant to the FPT Act or Regulation as GATEWAY ESSO is not a reportable fuel importer, wholesaler, terminal owner/operator, or supplier of retail dealers in BC.
The BCUC requires GATEWAY ESSO to provide this submission by no later than January 31, 2021 to Commission.Secretary@bcuc.com. If you require any assistance with your submission, please contact us.
As per Section 5 (1) of FPT Act, eligible reporting entities are required to submit prescribed fuel data to the BCUC for each reporting period. As per Section 12 (1) (a) of the FPT Act, if eligible reporting entities do not submit prescribed fuel data, the BCUC may impose administrative penalties. If the BCUC does not receive a response by January 31, 2021, then the BCUC will take enforcement steps against GATEWAY ESSO to confirm a potential
October Reporting Period Past Due
1 of 2
contravention of the FPT Act and if confirmed subsequently impose a penalty. Please note that the BCUC may require further information or a renewed declaration at a later date. If so, you will be contacted accordingly.
If you have any questions or require further information, please visit GasPricesBC.ca or feel free to contact us. The purpose of the FPT Act is to promote public confidence in the competitiveness of the gasoline and diesel fuel market and the BCUC looks forward to continuing to work with you in achieving the objectives of the FPT Act.
Sincerely, Original signed by: Marija Tresoglavic Acting Commission Secretary
AP/ae Enclosure
October Reporting Period
2 of 2
Suite 410, 900 Howe Street Vancouver, BC Canada V6Z 2N3 bcuc.com
P: 604.660.4700 TF: 1.800.663.1385 F: 604.660.1102
Fuel Price Transparency Act Exemption Declaration The Fuel Price Transparency (FPT) Act and FPT Regulation requires fuel importers, wholesalers, terminal owners/operators, and suppliers of retail dealers in BC to report information and data on their activities in the gasoline and diesel fuel market in the province. Importers of fuel are exempt from reporting to the Administrator where imports are less than 2,000 litres of reportable fuel per month during the reporting period.
By signing this declaration, you on behalf of your organization confirm the following: 1. Your organization meets the exemption requirements under the FPT Act or Regulation as it imports less than 2,000 litres of reportable fuel for each month during the reporting period.
2. In the event your organization imports more than 2,000 litres of reportable fuel per month during the reporting period, you will contact the British Columbia Utilities Commission and commence filing all necessary reporting forms for future reporting periods.
This Declaration must be signed by a person authorized to sign on behalf of your organization. Organization, First and Last Name, Signature Date Signed Title
1 of 1
Suite 410, 900 Howe Street Vancouver, BC Canada V6Z 2N3 bcuc.com
P: 604.660.4700 TF: 1.800.663.1385 F: 604.660.1102
Fuel Price Transparency Act Declaration The Fuel Price Transparency Act (FPT) Act and FPT Regulation requires fuel importers, wholesalers, terminal owners/operators, and suppliers of retail dealers in BC to report information and data on their activities in the gasoline and diesel fuel market in the province.
By signing this declaration, you on behalf of your organization confirm the following: 1. Your organization is currently not required to report to the British Columbia Utilities Commission (BCUC) pursuant to the FPT Act or Regulation as your organization is not a fuel importer, wholesaler, terminal owner/operator, or supplier of retail dealers in BC as contemplated in the FPT Act or Regulation.
2. In the event your organization becomes a fuel importer, wholesaler, terminal owner/operator or supplier of retail dealers in BC, as contemplated in the FPT Act or Regulation, you will contact the BCUC and commence filing all necessary reporting forms for future reporting periods.
This Declaration must be signed by a person duly authorized to sign on behalf of your organization. Organization, First and Last Name, Signature Date Signed Title
1 of 1
From: To: Subject: Date: Attachments:
Commission, Secretary tbolin@me.com FPT Act Enforcement Letter February 18, 2021 10:27:00 PM 2020-12-18-GATEWAY-ESSO-FPTA-Enforcement-Letter.pdf
Good morning,
Please see attached correspondence with respect to the above-noted matter.
Regards,
Alannah Easby Administrative Assistant, Regulatory Services
British Columbia Utilities Commission P: 604.660.4700 BC Toll Free: 1.800.663.1385 F: 604.660.1102 bcuc.com
The information being sent is intended only for the person or organization to which it is addressed. If you receive this e-mail in error, please delete the material and contact the sender.
Marija Tresoglavic Acting Commission Secretary
Commission.Secretary@bcuc.com bcuc.com
Suite 410, 900 Howe Street Vancouver, BC Canada V6Z 2N3 P: 604.660.4700 TF: 1.800.663.1385 F: 604.660.1102
December 18, 2020 Sent via email/mail GATEWAY ESSO 11119 ALASKA RD FORT ST. JOHN BC V1J 0P2
Re:
Fuel Price Transparency Act – October 2020 Reporting Period Past Due
The British Columbia Utilities Commission (BCUC) has not received GATEWAY ESSO Fuel Price Transparency (FPT) Regulation reporting forms for the October reporting period, which were due on November 16, 2020.
On November 23, 2020, the BCUC sent out a letter notifying your organization that it did not receive FPT Regulation reporting forms for the October reporting period and requesting further action. To date, the BCUC has not received a response from your organization.
As indicated in our previous letter to your organization, a review of your operations indicates that you may potentially be a Reporting Entity and required to report under the FPT Act and Regulation. To ensure compliance with the FPT Act and Regulation, please submit one of the following to the BCUC:
•
•
•
•
Confirmation that your organization submitted all required reporting forms for the October reporting period before the November 16, 2020 deadline under another organizational name, including details of how these filings were made and who made them.
Submission of all required reporting forms for the October reporting period. These reporting forms can be submitted on the GasPricesBC.ca website via the BCUC’s Regulatory Reporting Portal. Information and technical guidance regarding registration and filing reporting forms can be found at GasPricesBC.ca/industry. If required, BCUC staff can provide further assistance.
A completed exemption declaration (attached) stating that your organization meets the exemption under the FPT Act or Regulation and/or is not required to submit the reporting forms. Importers of fuel are exempt from reporting if imports are less than 2,000 litres of reportable fuel per month during the monthly reporting period.
A completed declaration (attached) stating that your organization is not required to report to the BCUC pursuant to the FPT Act or Regulation as GATEWAY ESSO is not a reportable fuel importer, wholesaler, terminal owner/operator, or supplier of retail dealers in BC.
The BCUC requires GATEWAY ESSO to provide this submission by no later than January 31, 2021 to Commission.Secretary@bcuc.com. If you require any assistance with your submission, please contact us.
As per Section 5 (1) of FPT Act, eligible reporting entities are required to submit prescribed fuel data to the BCUC for each reporting period. As per Section 12 (1) (a) of the FPT Act, if eligible reporting entities do not submit prescribed fuel data, the BCUC may impose administrative penalties. If the BCUC does not receive a response by January 31, 2021, then the BCUC will take enforcement steps against GATEWAY ESSO to confirm a potential
October Reporting Period Past Due
1 of 2
contravention of the FPT Act and if confirmed subsequently impose a penalty. Please note that the BCUC may require further information or a renewed declaration at a later date. If so, you will be contacted accordingly.
If you have any questions or require further information, please visit GasPricesBC.ca or feel free to contact us. The purpose of the FPT Act is to promote public confidence in the competitiveness of the gasoline and diesel fuel market and the BCUC looks forward to continuing to work with you in achieving the objectives of the FPT Act.
Sincerely, Original signed by: Marija Tresoglavic Acting Commission Secretary
AP/ae Enclosure
October Reporting Period
2 of 2
Suite 410, 900 Howe Street Vancouver, BC Canada V6Z 2N3 bcuc.com
P: 604.660.4700 TF: 1.800.663.1385 F: 604.660.1102
Fuel Price Transparency Act Exemption Declaration The Fuel Price Transparency (FPT) Act and FPT Regulation requires fuel importers, wholesalers, terminal owners/operators, and suppliers of retail dealers in BC to report information and data on their activities in the gasoline and diesel fuel market in the province. Importers of fuel are exempt from reporting to the Administrator where imports are less than 2,000 litres of reportable fuel per month during the reporting period.
By signing this declaration, you on behalf of your organization confirm the following: 1. Your organization meets the exemption requirements under the FPT Act or Regulation as it imports less than 2,000 litres of reportable fuel for each month during the reporting period.
2. In the event your organization imports more than 2,000 litres of reportable fuel per month during the reporting period, you will contact the British Columbia Utilities Commission and commence filing all necessary reporting forms for future reporting periods.
This Declaration must be signed by a person authorized to sign on behalf of your organization. Organization, First and Last Name, Signature Date Signed Title
1 of 1
Suite 410, 900 Howe Street Vancouver, BC Canada V6Z 2N3 bcuc.com
P: 604.660.4700 TF: 1.800.663.1385 F: 604.660.1102
Fuel Price Transparency Act Declaration The Fuel Price Transparency Act (FPT) Act and FPT Regulation requires fuel importers, wholesalers, terminal owners/operators, and suppliers of retail dealers in BC to report information and data on their activities in the gasoline and diesel fuel market in the province.
By signing this declaration, you on behalf of your organization confirm the following: 1. Your organization is currently not required to report to the British Columbia Utilities Commission (BCUC) pursuant to the FPT Act or Regulation as your organization is not a fuel importer, wholesaler, terminal owner/operator, or supplier of retail dealers in BC as contemplated in the FPT Act or Regulation.
2. In the event your organization becomes a fuel importer, wholesaler, terminal owner/operator or supplier of retail dealers in BC, as contemplated in the FPT Act or Regulation, you will contact the BCUC and commence filing all necessary reporting forms for future reporting periods.
This Declaration must be signed by a person duly authorized to sign on behalf of your organization. Organization, First and Last Name, Signature Date Signed Title
1 of 1
From: Sent: To: Subject: Attachments:
Commission, Secretary March 30, 2021 9:55 AM tbolin@me.com ACTION REQUIRED: Fuel Price Transparency Act – October 2020 Reporting Period Past Due 2021-03-30-Gateway-Esso-3rd-FPTA-Enforcement-Letter.pdf
Re: Fuel Price Transparency Act – October 2020 Reporting Period Past Due Good morning, Please see attached correspondence with respect to the above‐noted matter. Regards,
Alannah Easby Administrative Assistant, Regulatory Services
British Columbia Utilities Commission P: 604.660.4700 BC Toll Free: 1 800.663.1385 Fax: 604.660.1102
bcuc.com | GasPricesBC.ca
The information being sent is intended only for the person or organization to which it is addressed. If you receive this e‐mail in error, please delete the material and contact the sender.
1
Patrick Wruck Commission Secretary
Commission.Secretary@bcuc.com bcuc.com
Suite 410, 900 Howe Street Vancouver, BC Canada V6Z 2N3 P: 604.660.4700 TF: 1.800.663.1385 F: 604.660.1102
March 30, 2021 Sent via email/mail Gateway Esso 11119 Alaska Rd Fort St. John, BC V1J 0P2 Canada tbolin@me.com
Re:
Fuel Price Transparency Act – October 2020 Reporting Period Past Due
The British Columbia Utilities Commission (BCUC) has not received Gateway Esso’s Fuel Price Transparency (FPT) Regulation reporting forms for the October reporting period, which were due on November 16, 2020.
On November 23, 2020 and December 18, 2020, the BCUC sent out letters notifying your organization that it did not receive FPT Regulation reporting forms for the October reporting period and requesting further action. In addition to the letters, the BCUC has also reached out to your organization via phone. To date, the BCUC has not received the necessary information from your organization to ensure Gateway Esso is in compliance with the FPT Act and Regulation.
As indicated in our previous letters, a review of your operations indicates that you may potentially be a Reporting Person and required to report under the FPT Act and Regulation. As per section 5 (1) of FPT Act, eligible responsible persons are required to submit prescribed fuel data to the BCUC for each reporting period. As per section 12 (1) (a) of the FPT Act, if eligible reporting persons do not submit prescribed fuel data, the BCUC may impose administrative penalties. If the BCUC does not receive a response by April 13, 2021, then the BCUC will initiate a hearing to confirm a potential contravention of the FPT Act and, if confirmed, possibly impose administrative penalties.
In order to avoid a potential hearing, please submit one of the following to Commission.Secretary@bcuc.com by April 13, 2021:
•
•
•
Confirmation that your organization submitted all required reporting forms for the October reporting period before the November 16, 2020 deadline under another organizational name, including details of how these filings were made and who made them;
Submission of all required reporting forms for the October reporting period. These reporting forms can be submitted on the GasPricesBC.ca website via the BCUC’s Regulatory Reporting Portal. Information and technical guidance regarding registration and filing reporting forms can be found at GasPricesBC.ca/industry. If required, BCUC staff can provide further assistance;
A completed exemption declaration (attached) stating that your organization meets the exemption under the FPT Act or Regulation and/or is not required to submit the reporting forms. Importers of fuel are exempt from reporting if imports are less than 2,000 litres of reportable fuel per month during the monthly reporting period; or
October Reporting Period
1 of 2
•
A completed declaration (attached) stating that your organization is not required to report to the BCUC pursuant to the FPT Act or Regulation as Gateway Esso is not a reportable fuel importer, wholesaler, terminal owner/operator, or supplier of retail dealers in BC.
If you have any questions or require further assistance with your submission, please contact us. The purpose of the FPT Act is to promote public confidence in the competitiveness of the gasoline and diesel fuel market and the BCUC looks forward to continuing to work with you in achieving the objectives of the FPT Act.
Sincerely, Original signed by: Patrick Wruck Commission Secretary
AP/ae Enclosure
October Reporting Period
2 of 2
Suite 410, 900 Howe Street Vancouver, BC Canada V6Z 2N3 bcuc.com
P: 604.660.4700 TF: 1.800.663.1385 F: 604.660.1102
Fuel Price Transparency Act Exemption Declaration The Fuel Price Transparency (FPT) Act and FPT Regulation requires fuel importers, wholesalers, terminal owners/operators, and suppliers of retail dealers in BC to report information and data on their activities in the gasoline and diesel fuel market in the province. Importers of fuel are exempt from reporting to the Administrator where imports are less than 2,000 litres of reportable fuel per month during the reporting period.
By signing this declaration, you on behalf of your organization confirm the following: 1. Your organization meets the exemption requirements under the FPT Act or Regulation as it imports less than 2,000 litres of reportable fuel for each month during the reporting period.
2. In the event your organization imports more than 2,000 litres of reportable fuel per month during the reporting period, you will contact the British Columbia Utilities Commission and commence filing all necessary reporting forms for future reporting periods.
This Declaration must be signed by a person authorized to sign on behalf of your organization. Organization, First and Last Name, Signature Date Signed Title
1 of 1
Suite 410, 900 Howe Street Vancouver, BC Canada V6Z 2N3 bcuc.com
P: 604.660.4700 TF: 1.800.663.1385 F: 604.660.1102
Fuel Price Transparency Act Declaration The Fuel Price Transparency (FPT) Act and FPT Regulation requires fuel importers, wholesalers, terminal owners/operators, and suppliers of retail dealers in BC to report information and data on their activities in the gasoline and diesel fuel market in the province.
By signing this declaration, you on behalf of your organization confirm the following: 1. Your organization is currently not required to report to the British Columbia Utilities Commission (BCUC) pursuant to the FPT Act or Regulation as your organization is not a fuel importer, wholesaler, terminal owner/operator, or supplier of retail dealers in BC as contemplated in the FPT Act or Regulation.
2. In the event your organization becomes a fuel importer, wholesaler, terminal owner/operator or supplier of retail dealers in BC, as contemplated in the FPT Act or Regulation, you will contact the BCUC and commence filing all necessary reporting forms for future reporting periods.
This Declaration must be signed by a person duly authorized to sign on behalf of your organization. Organization, First and Last Name, Signature Date Signed Title
1 of 1
May 6, 2021 Sent via email/eFile
Mr. Trevor Bolin Gateway Esso 11119 Alaska Rd. Fort St. John, BC V1J 0P2 tbolin@me.com
Patrick Wruck Commission Secretary
Commission.Secretary@bcuc.com bcuc.com
Suite 410, 900 Howe Street Vancouver, BC Canada V6Z 2N3 P: 604.660.4700 TF: 1.800.663.1385 F: 604.660.1102
GATEWAY ESSO – FPTA APPARENT NON-COMPLIANCE EXHIBIT A-1
Gateway Esso 10216 114A Ave Fort St. John, BC V1J 7J2
Re: Gateway Esso – Apparent Non-Compliance of the Fuel Price Transparency Act – Panel Appointment The British Columbia Utilities Commission (BCUC) has established a written hearing process for the review of Gateway Esso’s potential non-compliance with the Fuel Price Transparency Act.
Pursuant to section 4 of the Utilities Commission Act, David Morton, as Chair of the BCUC appoints commissioner Bernard Magnan as a panel of one for the review of the above-noted matter.
Sincerely,
Patrick Wruck Commission Secretary
/ae
Panel Appointment
1 of 1
May 6, 2021 Sent via email/mail/eFile
Mr. Trevor Bolin Gateway Esso 11119 Alaska Rd. Fort St. John, BC V1J 0P2 tbolin@me.com
Suite 410, 900 Howe Street Vancouver, BC Canada V6Z 2N3 bcuc.com
P: 604.660.4700 TF: 1.800.663.1385 F: 604.660.1102
GATEWAY ESSO – FPTA APPARENT NON-COMPLIANCE EXHIBIT A-2
Gateway Esso 10216 114A Ave Fort St. John, BC V1J 7J2
Re: Fuel Price Transparency Act – Apparent Non-Compliance of the Fuel Price Transparency Act By Order G-139-21 dated May 6, 2021, the British Columbia Utilities Commission (BCUC) has established a written hearing process for the review of Gateway Esso’s potential non-compliance with the Fuel Price Transparency Act (FPT Act).
The BCUC has not received Gateway Esso’s FPT Regulation reporting forms for the October reporting period, which were due on November 16, 2020. On November 23, 2020, December 18, 2020 and March 31, 2021, the BCUC sent out letters notifying your organization that it did not receive FPT Regulation reporting forms for the October reporting period and requesting further action. In addition to the letters, the BCUC has also reached out to your organization via phone. To date, the BCUC has not received the necessary information from the responsible person to ensure Gateway Esso is in compliance with the FPT Act and Regulation.
As indicated in our previous letters, a review of your operations indicates that you may potentially be a Responsible Person and required to report under the FPT Act and Regulation. As per section 5 (1) of the FPT Act, eligible responsible persons are required to submit prescribed fuel data to the BCUC for each reporting period.
As per section 12 (1) (a) of the FPT Act, if eligible reporting persons do not submit prescribed fuel data, the BCUC may impose administrative penalties. As per section 13 (1) of the FPT Act, if a corporation contravenes a provision referred to in section 12 (1) (a) to (f) or does anything described in section 12 (1) (g), an employee, officer, director or agent of the corporation who authorized, permitted or acquiesced in the contravention or action is also liable under section 12 even though the corporation is liable for or pays an administrative penalty.
As indicated in the attached order, the BCUC requests Gateway Esso to provide comments on the apparent noncompliance with the FPT Act within 14 days of the date of this order.
To comply with the FPT Act and Regulation and potentially resolve the matter of the apparent non-compliance with the FPT Act, you may still submit the reporting forms or the exemption declarations as outlined in our previous letters.
If you have any questions or need further information regarding the regulatory process associated with the apparent non-compliance with the FPT Act, please contact us.
FPT Act – Apparent Non-Compliance
1 of 1
The purpose of the FPT Act is to promote public confidence in the competitiveness of the gasoline and diesel fuel market and the BCUC looks forward to continuing to work with you in achieving the objectives of the FPT Act.
Sincerely,
Patrick Wruck Commission Secretary
AP/ae Enclosure
FPT Act – Apparent Non-Compliance
2 of 2
Suite 410, 900 Howe Street Vancouver, BC Canada V6Z 2N3 bcuc.com
P: 604.660.4700 TF: 1.800.663.1385 F: 604.660.1102
ORDER NUMBER G-139-21
IN THE MATTER OF the Utilities Commission Act, RSBC 1996, Chapter 473
and Gateway Esso Apparent Non-Compliance of the Fuel Price Transparency Act
BEFORE: B. A. Magnan, Commissioner
WHEREAS:
A.
B.
C.
D.
E.
F.
on May 6, 2021 ORDER
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;
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;
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;
By Letter dated November 23, 2020, the BCUC notified Gateway Esso that it may potentially be a Reporting Person and is required to report under the FPT Act and Regulation. The letter required Gateway Esso to submit the required reporting documents or complete an exemption declaration form to ensure compliance;
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;
To date, the BCUC has not received the required information from your organization to ensure Gateway Esso is in compliance with the FPT Act and Regulation;
FPT Act – Apparent Non-Compliance
1 of 2
G.
H.
Order G-139-21 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
The BCUC seeks comments from Gateway Esso 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 Gateway Esso 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 BY ORDER
6
th
day of May 2021.
B. A. Magnan Commissioner
FPT Act – Apparent Non-Compliance
2 of 2
From: Sent: To: Subject:
Gas Prices BC Industry Support <industry@gaspricesbc.ca> May 7, 2021 10:30 AM tbolin@me.com RE: FPT Act - Apparent Non-Compliance of the FPT Act - Establishing Hearing Process
Good morning, Thank you for your email and I’m sorry you’re having issues registering. Could please try to register again on our website (https://www.gaspricesbc.ca/industry/Registration)? If you still have an issue, please reply to this email with the details of the problem and we’ll help you get registered. If it’s easier to discuss on the phone you can also reach me at my contact details below.
Thanks, Joshua O’Neal Senior Regulatory Analyst
British Columbia Utilities Commission P: 604.660.0718 BC Toll Free: 1.800.663.1385 F: 604.660.1102 bcuc.com | GasPricesBC.ca
The information being sent is intended only for the person or organization to which it is addressed. If you receive this e‐mail in error, please delete the material and contact the sender.
From: Trevor Bolin <tbolin@me.com> Sent: Friday, May 7, 2021 4:25 AM To: Commission, Secretary <Commission.Secretary@bcuc.com> Subject: Re: FPT Act ‐ Apparent Non‐Compliance of the FPT Act ‐ Establishing Hearing Process
Caution: This email is from an external sender, please use caution before opening attachments or links. If you do not recognize the sender, please report this email to IT.
I have tried registering three times for this, It doesn’t allow me.
You guys want participation, make it easy. I have nothing to hide on fuel prices.
Please help me register and i Wil. Trev iPhone Burger King FSJ 22181 Burger King GP 11270 Burger King DC 27442 Supplement King FSJ Gateway Esso FSJ Office 250 785 6275
1
Text 250 262 7334 CONFIDENTIALITY DISCLAIMER: This message is intended only for the use of the individual or entity named above, and may contain information that is privileged, confidential or exempt from disclosure under applicable law. If you are not the intended recipient or their employee or agent responsible for receiving the message on their behalf, your receipt of this message is in error and not meant to waive privilege in this message. Please notify us immediately, and delete the message and any attachments without reading the attachments. Any dissemination, distribution or copying of this communication by anyone other than the intended recipient is unauthorized and may be illegal.
On May 6, 2021, at 9:40 PM, Commission, Secretary <Commission.Secretary@bcuc.com> wrote: Re: Fuel Price Transparency Act – Apparent Non‐Compliance of the Fuel Price Transparency Act – Panel Appointment letter and Order G‐139‐21 Establishing a Written Hearing Process Good afternoon, Please see attached correspondences respect to the above‐noted matter. In accordance with the BCUC’s Rules of Practice and Procedure, we require that you register to participate electronically. Online registration enables you to submit evidence and other documents, and receive automated electronic notification when new files are posted to the proceeding’s public evidentiary record. Please click on the link to web register: https://www.bcuc.com/Registration‐Intervener‐2.aspx For more information about the BCUC’s processes, please see our Rules of Practice and Procedure. Please contact our office at commission.secretary@bcuc.com if you have any questions. Regards,
2
Alannah Easby Administrative Assistant, Regulatory Services British Columbia Utilities Commission P: 604.660.4700 BC Toll Free: 1 800.663.1385 Fax: 604.660.1102 bcuc.com | GasPricesBC.ca
The information being sent is intended only for the person or organization to which it is addressed. If you receive this e‐mail in error, please delete the material and contact the sender.
May 31, 2021 Sent via email/mail/eFile
Mr. Trevor Bolin Gateway Service Station FSJ Ltd. 11119 Alaska Rd. Fort St. John, BC V1J 0P2 tbolin@me.com
Re:
Suite 410, 900 Howe Street Vancouver, BC Canada V6Z 2N3 bcuc.com
P: 604.660.4700 TF: 1.800.663.1385 F: 604.660.1102
GATEWAY ESSO – FPTA APPARENT NON-COMPLIANCE EXHIBIT A-3
Gateway Service Station FSJ Ltd. 10216 114A Ave Fort St. John, BC V1J 7J2
Gateway Service Station FSJ Ltd. (Gateway Esso) – Apparent Non-Compliance of the Fuel Price Transparency Act
Further to the above-noted proceeding, enclosed please find British Columbia Utilities Commission Order G-139-21A, replacing Order G-139-21 due to a typographical error in the order. The entity was incorrectly named “Gateway Esso” and has now been corrected to “Gateway Service Station FSJ Ltd. (Gateway Esso).” As such the response deadline for Gateway Service Station FSJ Ltd. (Gateway Esso) will now be 14 days from the issuance of this order (June 14, 2021).
No other changes have been made to the order.
Sincerely,
Patrick Wruck Commission Secretary
AP/ae Enclosure
FPT Act – Apparent Non-Compliance
1 of 1
Suite 410, 900 Howe Street Vancouver, BC Canada V6Z 2N3 bcuc.com
P: 604.660.4700 TF: 1.800.663.1385 F: 604.660.1102
ORDER NUMBER G-139-21A
IN THE MATTER OF the Utilities Commission Act, RSBC 1996, Chapter 473
and Gateway Service Station FSJ Ltd. (Gateway Esso) Apparent Non-Compliance of the Fuel Price Transparency Act
BEFORE: B. A. Magnan, Commissioner
WHEREAS:
on May 6, 2021 ORDER
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 Gateway Service Station FSJ Ltd. (Gateway Esso) that it may potentially be a Reporting Person and is required to report under the FPT Act and Regulation. The letter required Gateway Esso 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 Gateway Esso is in compliance with the FPT Act and Regulation;
FPT Act – Apparent Non-Compliance
1 of 2
Order G-142-21A 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 Gateway Esso 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 Gateway Esso 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 BY ORDER Original signed by: B. A. Magnan Commissioner
FPT Act – Apparent Non-Compliance
31
st
day of May, 2021.
2 of 2
From: Sent: Subject:
Gas Prices BC Industry Support <industry@gaspricesbc.ca> June 16, 2021 11:25 AM FPT Act Reporting Portal – User Access
Hello, Thank you for registering for access to the BCUC’s FPT Act Regulatory Reporting Portal. We have confirmed your account enrollment. You will receive an email invitation from the BCUC with a link to access the Portal shortly. Once you receive the email, please click the “Accept Invitation” button to be redirected to the Portal login page.
For organizations using Microsoft federated services to access cloud services, such as Office 365 and TEAMS, use your existing corporate username (e.g. your email address) and password to login to the Portal. Please refer to the Quick Reference Guide for a step‐by‐step overview to review how to log in.
For organizations not using Microsoft federated services, on the sign‐in screen you will enter your corporate email address to receive a one‐time passcode to log into the Portal. You will be required to enter this one‐time passcode for security purposes, which will be sent to you via email. Please refer to the Quick Reference Guide for a step‐by‐step overview to review how to log in.
If you have any questions, please contact industry@gaspricesbc.ca. Thanks, Sarah
Sarah Lye, BA Executive Assistant, Corporate Services
British Columbia Utilities Commission P: 604.660.3662 BC Toll Free: 1 800.663.1385 F: 604.660.1102 bcuc.com
The information being sent is intended only for the person or organization to which it is addressed. If you receive this e‐mail in error, please delete the material and contact the sender.
1
From: Sent: To: Subject:
Follow Up Flag: Flag Status:
Categories:
noreply June 16, 2021 10:24 AM Gas Prices BC Industry Support Industry Registration from GasPricesBC.ca - Gateway Service Station FSJ Ltd
Follow up Completed
Sarah, Tracked To Dynamics 365
The following registration was submitted from https://www.gaspricesbc.ca/Industry/Registration on 2021‐06‐16 10:24:19:
Company Information o Company Name: Gateway Service Station FSJ Ltd o Address 1: 11119 Alaska Rd S o Address 2: o City: Fort st john o Province: BC o Postal Code: V1J 0P2 Company Head Quarters o Address 1: o Address 2: o City: o Province: o Postal Code: Responsible Person o First Name: Trevor o Last Name: Bolin o Position: Owner o Phone: 2502627334 o Email: tbolin@me.com Primary Person o First Name: Trevor o Last Name: Bolin o Position: Owner o Phone: 2502627334 o Email: tbolin@me.com Secondary Person o First Name: Trevor o Last Name: Bolin o Position: Owner o Phone: 2502627334 o Email: tbolin@me.com FPTA Program: Unsure Microsoft Federated: No Privacy Statement: True
1
June 28, 2021 Sent via eFile
Gateway Service Station FSJ Ltd. 10216 114A Ave. Fort St. John, BC V1J 7J2
Re:
Patrick Wruck Commission Secretary
Commission.Secretary@bcuc.com bcuc.com
Suite 410, 900 Howe Street Vancouver, BC Canada V6Z 2N3 P: 604.660.4700 TF: 1.800.663.1385 F: 604.660.1102
GATEWAY ESSO – FPTA APPARENT NON- COMPLIANCE EXHIBIT A-4
Mr. Trevor Bolin Gateway Service Station FSJ Ltd. 11119 Alaska Rd. Fort St. John, BC V1J 0P2 tbolin@me.com
Gateway Service Station FSJ Ltd. –– Apparent Non-Compliance of the Fuel Price Transparency Act – Fuel Data Submission
The British Columbia Utilities Commission (BCUC) writes in regards to the Apparent Non-Compliance of the Fuel Price Transparency Act (FPT Act) proceeding. We note that on June 16, 2021, you registered for an account on our FPT Act Regulatory Reporting Portal (Portal). We thank you for registering.
At this time, the BCUC has not received your fuel data submission for the October 2020 reporting period. If you require any assistance with your submission, please feel free to contact us. Please submit your fuel data via the Portal for the October 2020 period by July 12, 2021.
Sincerely,
Patrick Wruck Commission Secretary
AP/dg
Fuel Data Submission
1 of 1
July 30, 2021 Sent via email/eFile
Gateway Service Station FSJ Ltd. 10216 114A Ave. Fort St. John, BC V1J 7J2
Re:
Patrick Wruck Commission Secretary
Commission.Secretary@bcuc.com bcuc.com
Suite 410, 900 Howe Street Vancouver, BC Canada V6Z 2N3 P: 604.660.4700 TF: 1.800.663.1385 F: 604.660.1102
GATEWAY ESSO – FPTA APPARENT NON- COMPLIANCE EXHIBIT A-5
Mr. Trevor Bolin Gateway Service Station FSJ Ltd. 11119 Alaska Rd. Fort St. John, BC V1J 0P2 tbolin@me.com
Gateway Service Station FSJ Ltd. –– Apparent Contravention of the Fuel Price Transparency Act – Request for Submissions
The British Columbia Utilities Commission (BCUC) writes in regards to the Apparent Contravention of the Fuel Price Transparency Act proceeding. By letter dated June 28, 2021, the BCUC requested Gateway Service Station FSJ Ltd. to submit fuel data for the October reporting period by July 12, 2021. To date, the BCUC has not received fuel data submission from your organization.
The BCUC requests that you contact us by email at Commission.Secretary@bcuc.com or by phone at (604-660-4700) for assistance. We will assist you in submitting your fuel data via the Portal for the October 2020 period, which is required by Friday, August 13, 2021.
Sincerely,
for:
Patrick Wruck Commission Secretary
AP/dg
Request for Submissions
1 of 1
From: Sent: To: Subject:
Gas Prices BC Industry Support <industry@gaspricesbc.ca> July 30, 2021 12:15 PM Trevor Bolin RE: Gateway Service Station FSJ
Hi Trevor, We would be happy to help. I just gave you call but it went straight to voicemail. You can reach me directly at 604‐660‐0718 or if I’m unavailable you can call our reception at 604‐660‐4700 and they’ll forward you to one of my colleagues who can assist you. We’re also happy to assist via email so please feel free to send any specific questions you have to industry@gaspricesbc.ca. I’d also like to add that our offices will be closed on Monday for the holiday.
Thanks, Joshua O’Neal Manager, Energy and FPTA
British Columbia Utilities Commission P: 604.660.0718 BC Toll Free: 1.800.663.1385 F: 604.660.1102 bcuc.com | GasPricesBC.ca
The information being sent is intended only for the person or organization to which it is addressed. If you receive this e‐mail in error, please delete the material and contact the sender.
From: Trevor Bolin <tbolin@me.com> Sent: Friday, July 30, 2021 9:15 AM To: Commission, Secretary <Commission.Secretary@bcuc.com> Subject: Gateway Service Station FSJ
Caution: This email is from an external sender, please use caution before opening attachments or links. If you do not recognize the sender, please report this email to IT.
If i can get assistance i will update these reports. Trev iPhone Burger King FSJ 22181 Burger King GP 11270 Burger King DT 28921 Burger King DC 27442 Office 250 785 6275 Text 250 262 7334
CONFIDENTIALITY DISCLAIMER: This message is intended only for the use of the individual or entity named above, and may contain information that is privileged, confidential or exempt from disclosure under applicable law. If you are not the intended recipient or their employee or agent responsible for receiving the message on their behalf, your receipt of this message is in error and not meant to waive privilege in this message. Please notify us immediately, and delete the message and any attachments without reading the attachments. Any dissemination, distribution or copying of this communication by anyone other than the intended recipient is unauthorized and may be illegal.
1
From: Sent: To: Subject:
Trevor Bolin <tbolin@me.com> July 30, 2021 9:15 AM Commission, Secretary Gateway Service Station FSJ
Caution: This email is from an external sender, please use caution before opening attachments or links. If you do not recognize the sender, please report this email to IT.
If i can get assistance i will update these reports. Trev iPhone Burger King FSJ 22181 Burger King GP 11270 Burger King DT 28921 Burger King DC 27442 Office 250 785 6275 Text 250 262 7334
CONFIDENTIALITY DISCLAIMER: This message is intended only for the use of the individual or entity named above, and may contain information that is privileged, confidential or exempt from disclosure under applicable law. If you are not the intended recipient or their employee or agent responsible for receiving the message on their behalf, your receipt of this message is in error and not meant to waive privilege in this message. Please notify us immediately, and delete the message and any attachments without reading the attachments. Any dissemination, distribution or copying of this communication by anyone other than the intended recipient is unauthorized and may be illegal.
1
September 24, 2021 Sent via email/eFile
Gateway Service Station FSJ Ltd. 10216 114A Ave. Fort St. John, BC V1J 7J2
Re:
Patrick Wruck Commission Secretary
Commission.Secretary@bcuc.com bcuc.com
Suite 410, 900 Howe Street Vancouver, BC Canada V6Z 2N3 P: 604.660.4700 TF: 1.800.663.1385 F: 604.660.1102
GATEWAY ESSO – FPTA APPARENT NON- COMPLIANCE EXHIBIT A-6
Mr. Trevor Bolin Gateway Service Station FSJ Ltd. 11119 Alaska Rd. Fort St. John, BC V1J 0P2 tbolin@me.com
Gateway Service Station FSJ Ltd. –– Apparent Contravention of the Fuel Price Transparency Act – Request for Submissions
The British Columbia Utilities Commission (BCUC) writes in regards to the Apparent Contravention of the Fuel Price Transparency Act proceeding. Please note that the BCUC has still not received fuel data for the October 2020 reporting period. The BCUC requests Gateway Service Station FSJ Ltd to submit fuel data via the Portal for the October 2020 period by October 8, 2021.
As per the FPT Act and regulations, Gateway Service Station FSJ Ltd. is required to submit monthly fuel data submissions for each month from October 2020 until the present date. To date, the BCUC has only received fuel data from Gateway Service Station FSJ Ltd. for the July 2021 reporting period. Please submit reporting data for all outstanding months by October 22, 2021. If you require assistance submitting your fuel data submission, please contact the BCUC for support.
Sincerely,
Patrick Wruck Commission Secretary
AP/dg
Request for submissions
1 of 1
From: Sent: To: Subject:
Commission, Secretary November 16, 2021 3:05 PM tbolin@me.com FPTA Non-Compliance Proceeding - Important Update
Dear Mr. Bolin, Included below is an important update that relates to the current FPTA Non‐Compliance proceeding for Gateway Service Station FSJ Ltd.
On November 1, 2021, the Lieutenant Governor approved Order in Council (OIC) No. 596, which established the Administrative Penalties (Fuel Price Transparency Act) Regulation. Pursuant to OIC No. 596, a contravention of the Fuel Price Transparency Act (FPT Act) includes the following:
a) a contravention of a provision listed in section 12 (1) (a) to (f) of the FPT Act; b) the provision of false or misleading information or records in a submission under the Act or to an inspector conducting an inspection under the FPT Act; or c) the making of a false statement in periodic submissions, requested submissions, or supplementary submissions of the FPT Act.
Section 5 of OIC No. 596 established the maximum amount of an administrative penalty that may be imposed under section 12 (1) of the FPT Act for each contravention or other action is $100,000.
To date, the BCUC has not received the necessary fuel data for the October reporting period for your company and still requires this information to be submitted via the Portal.
Please contact industry@gaspricesbc.ca or (604) 660‐4700 if you have any questions or concerns.
All best, Cory Vincent, M.A. Hearing Administrator, Energy Supply, Compliance and MRS
British Columbia Utilities Commission P: 604.660.4700 BC Toll Free: 1.800.663.1385 F: 604.660.1102 bcuc.com
1