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Chapter	Title
2006-41	General

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1The following definitions apply in this Act.

“Board” means the New Brunswick Energy and Utilities Board continued under the Energy and Utilities Board Act.(Commission)

“consumer” means a person who acquires a petroleum product for that person’s use and not for the purpose of selling, exchanging or otherwise disposing of it to another person, but does not include a person who acquires a petroleum product under a contract between the person and a retailer or wholesaler at a price that the person and the retailer or wholesaler have previously agreed on. (consommateur)

“cost of carbon adjustor” means the result of a monetary adjustment intended to mitigate for wholesalers and retailers the effect of costs incurred during a given compliance period by a primary supplier of liquid petroleum products to comply with the Clean Fuel Regulations (Canada) or any other regulatory instrument made under the Canadian Environmental Protection Act, 1999 (Canada) and the Environmental Violations Administrative Monetary Penalties Act (Canada).(majoration liée au coût du carbone)

“delivery costs” means(coûts de livraison)

(a) with respect to motor fuel, the costs of delivering the fuel within the Province from a site used by a wholesaler to an outlet used by a retailer, and

(b) with respect to heating fuel, the costs of delivering the fuel within the Province from a site used by a wholesaler to the consumer.

“full service” means the dispensing of motor fuel at an outlet by a pump island attendant, and not by a consumer.(service complet)

“heating fuel” means furnace oil or propane of a type used primarily for generating heat and includes any other liquid product, whether or not distilled from petroleum, used as a heating fuel or as a component in it. (combustible de chauffage)

“market adjustor” means the result of a monetary adjustment intended as a temporary economic remedy for a discrepancy between the maximum wholesale or retail price for a type of liquid petroleum product and the benchmark price the wholesaler or retailer, as the case may be, is required to pay for that type of product.(majoration liée au marché)

“Minister” means the member of the Executive Council designated by the Lieutenant-Governor in Council as being responsible for Energy.(ministre)

“motor fuel” means gasoline or diesel fuel of a type used primarily in internal combustion engines and includes any other liquid product, whether or not distilled from petroleum, used as a motor fuel or as a component in it. (carburant auto)

“outlet” means a station, shop, establishment or other place where a petroleum product is sold at retail or kept for retail sale. (point de vente)

“petroleum product” means heating fuel and motor fuel. (produit pétrolier)

“price” means the consideration, whether wholly or partly in money or otherwise, payable for a petroleum product and includes any component of the consideration. (prix)

“retailer” means a person who sells a petroleum product or keeps a petroleum product for sale directly to consumers. (détaillant)

“wholesaler” means a person, other than a retailer, who sells a petroleum product or keeps a petroleum product for sale. (grossiste)

2007, c.35, s.1; 2012, c.52, s.41; 2016, c.37, s.139; 2019, c.29, s.199; 2022, c.55, s.1; 2024, c.28, s.45

Considerations by Board

1.1The Board shall, when making a decision under this Act respecting prices, margins, delivery costs or full service charges, consider the fact that consumers should benefit from the lowest price possible without jeopardizing the continuity of supply of petroleum products.

2007, c.35, s.2

Exemption

2This Act does not apply to a wholesaler in relation to the sale by the wholesaler of a petroleum product to a person who is not a retailer or the keeping of a petroleum product by the wholesaler for sale to a person who is not a retailer.

Maximum prices and margins

3(1)The Board has authority

(a) to set, and shall set the maximum wholesale and retail prices that a wholesaler and a retailer may charge for petroleum products, and

(b) to set, and shall set the maximum margin between the wholesale price to the retailer and the retail price to the consumer of petroleum products.

3(2)Notwithstanding subsection (1), the Minister shall set the initial maximum prices and the initial maximum margins referred to in subsection (1) and shall specify the date on which they are to be effective, and thereafter the Board shall act under subsection (1).

3(3)The Minister or the Board, as the case may be, shall ensure that all wholesalers and such other persons as may be specified by regulation are informed of the maximum prices and margins before they are to take effect.

3(4)A wholesaler shall ensure that any retailer to whom it sells petroleum products is informed of any price change before it takes effect.

3(5)The Board may delegate to the Chairperson of the Board, or in his or her absence, the Vice-Chairperson of the Board or any one or more members of the Board, the authority to adjust the benchmark prices for each type of petroleum product and to set any maximum wholesale and retail prices under this section as a result of any adjustment to the benchmark prices for such products.

2007, c.35, s.3; 2013, c.29, s.15

Components of the maximum price

4(1)For each type of heating fuel and motor fuel, the maximum wholesale price shall be the sum of

(a) the benchmark price, as established or adjusted pursuant to sections 10 and 11,

(b) the maximum wholesale margin,

(c) applicable taxation,

(d) fuel charges, if any, payable to the Crown in right of Canada,

(e) the cost of carbon adjustor, and

(f) the market adjustor.

4(2)For each type of heating fuel and motor fuel, the maximum retail price shall be the sum of

(a) the benchmark price, as established or adjusted pursuant to sections 10 and 11,

(b) the total allowed margin, which is comprised of the maximum margin for a wholesaler and the maximum margin for a retailer,

(c) applicable taxation,

(d) fuel charges, if any, payable to the Crown in right of Canada,

(e) the cost of carbon adjustor, and

(f) the market adjustor.

4(3)Delivery costs do not form any part of any margin under this section.

4(3.1)Full service charges do not form any part of a retailer’s margin under this section.

4(4)Notwithstanding that a maximum margin is set for a wholesaler and a retailer, if the wholesaler and the retailer agree in writing, they may apportion the total allowed margin between them in such manner as they see fit.

2007, c.35, s.4; 2019, c.3, s.1; 2022, c.55, s.1; 2023, c.17, s.192

Maximum delivery costs

5(1)The Board has authority to set, and shall set the maximum delivery costs that may be charged by a wholesaler to a retailer for the delivery of a type motor fuel or by a retailer to a consumer for the delivery of a type of heating fuel,

(a) within the province, other than the parish of Grand Manan, and

(b) in the parish of Grand Manan.

5(2)Notwithstanding subsection (1), the Minister shall set the initial maximum delivery costs under subsection (1), and shall specify the date on which they are effective, and such maximum remains in effect until the Board changes it.

5(3)The Minister or the Board, as the case may be, shall ensure that all wholesalers and such other persons as may be specified by regulation are advised of the maximum delivery costs before they are to take effect.

5(4)A wholesaler shall ensure that

(a) any retailer to whom it delivers motor fuel is informed of the maximum delivery cost before it takes effect, and

(b) the delivery cost charged by the wholesaler to the retailer is stated separately on the invoice provided to the retailer.

5(5)Notwithstanding subsection (1), any retailer or wholesaler may apply to the Board under section 13 to have a different maximum delivery cost apply in his or her particular circumstances.

5(6)A retailer who contracts with a third party to deliver motor fuel from the wholesaler to the retailer or a retailer who picks up motor fuel directly from the wholesaler shall ensure that records are kept detailing the costs incurred by the retailer for such delivery or pick up.

2007, c.35, s.5

Maximum full service charge

2007, c.35, s.6

5.1(1)The Board has authority to set, and shall set, the maximum full service charge that may be charged by a retailer for motor fuel sold on a full service basis to a consumer.

5.1(2)Notwithstanding subsection (1), the Minister shall set the initial maximum full service charge under subsection (1) and such maximum remains in effect until the Board changes it.

5.1(3)The Minister or the Board, as the case may be, shall ensure that all retailers who sell motor fuel are advised of the maximum full service charge before it is to take effect.

2007, c.35, s.6

Disclosure of price

6Unless authorized by the Board or under this Act, a wholesaler, retailer or any other person specified by regulation pursuant to subsection 3(3) shall not disclose to any other person a price set by the Minister or the Board before the date on which the price comes into effect.

2007, c.35, s.7

Display of prices

7(1)A retailer shall display to the public, in accordance with the regulations, if any, at every place at which the retailer sells or offers to sell motor fuel to a consumer, the price for the type of motor fuel.

7(2)The price under subsection (1) shall, subject to any maximum prescribed under this Act, include any delivery costs paid by the retailer to the wholesaler or otherwise incurred by the retailer for the delivery of that fuel and, where applicable, any full service charge.

7(3)A retailer who delivers heating fuel to a consumer shall ensure that the invoice provided to the consumer shows the following information as separate items:

(a) the price of the fuel as delivered, expressed in cents per litre;

(b) any special delivery charges incurred by the consumer in having the fuel delivered.

7(4)A retailer who delivers heating fuel to a consumer shall inform the consumer of any special delivery charges under paragraph (3)(b) before delivering the fuel.

2007, c.35, s.8

Promotional activities

8No wholesaler shall claim or recover in any manner, directly or indirectly, from a retailer the cost or any portion of the cost of a promotional activity, involving the sale or giving of merchandise, that is sponsored by the wholesaler.

Prohibitions

9(1)Unless a wholesaler has an agreement with a retailer under subsection 4(4), the wholesaler shall not charge a price for heating fuel or motor fuel greater than the maximum price for wholesalers set by the Minister or the Board, as the case may be.

9(2)A retailer shall not charge a price for heating fuel or motor fuel greater than the maximum price for retailers set by the Minister or the Board, as the case may be.

9(3)A wholesaler shall not charge a retailer an amount for delivery costs for delivering motor fuel that exceeds the lesser of

(a) the actual costs incurred by the wholesaler, or

(b) the maximum delivery costs set by the Minister or the Board, as the case may be.

9(4)A retailer shall not charge a consumer more for delivery costs for motor fuel than the least of the following:

(a) the amount the retailer was charged by the wholesaler;

(b) the actual costs incurred by the retailer for the delivery of the fuel where it is delivered by someone other than a wholesaler;

(c) the maximum amount for delivery costs that may be charged by a wholesaler to a retailer for the delivery of motor fuel set by the Minister or the Board, as the case may be.

9(5)A retailer shall not charge a consumer for delivery costs for heating fuel more than the maximum delivery costs set by the Minister or the Board, as the case may be.

9(6)A retailer shall not charge a consumer who purchases motor fuel from the retailer on a full service basis more than the maximum amount for the full service charge set by the Minister or the Board, as the case may be.

2007, c.35, s.9

Benchmark prices

10(1)Subject to subsection (2.1), the Board shall establish the benchmark price for each type of heating fuel and motor fuel, using the criteria and procedure prescribed by regulation.

10(2)Repealed: 2022, c.55, s.1

10(2.1)On or after the commencement of this subsection, the benchmark price for premium grade gasoline shall be established by the Board using the weekly reference price for regular grade gasoline plus an amount per litre determined by the Board, using criteria and procedure as determined by the Board.

2022, c.55, s.1

Adjusting benchmark prices

11The Board may adjust the benchmark price for each type of heating fuel and motor fuel at any time the Board considers appropriate, using criteria and procedure as determined by the Board.

2022, c.55, s.1

Adjusting margins

12(1)A wholesaler or a retailer may apply to the Board for a change in the maximum margin that may be charged by a wholesaler or retailer for a type of heating fuel or motor fuel.

12(2)An application under subsection (1) shall set out the following:

(a) the proposed change in the margin and the date on which it is proposed the change take effect;

(b) the reasons for the proposed change in price; and

(c) the other information that may be required by the Board or by regulation with respect to the application.

12(3)The onus is on the applicant to show that the proposed change in the maximum margin is justified.

12(4)The Board, following the investigation the Board considers necessary, including the holding of a hearing where the Board considers one is desirable, may

(a) deny the application,

(b) approve the application, or

(c) set another maximum margin that the Board considers appropriate in the circumstances.

12(5)An adjustment of a maximum margin takes effect on the date set out in the order.

12(6)Only one application may be made by any wholesaler or any retailer in a 12 month period.

Adjusting delivery costs

13(1)A wholesaler or a retailer may make an application to the Board to adjust the maximum delivery costs that may be charged by the wholesaler or retailer, whether those costs are applicable generally or are specific to that applicant.

13(2)An application under subsection (1) shall set out the following:

(a) the proposed change in the maximum delivery costs and the date on which the proposed change is to take effect,

(b) the reasons for the proposed change,

(c) such other information that may be required by the Board or by regulation with respect to the application.

13(3)The onus is on the applicant to show that the proposed change in the maximum delivery costs is justified.

13(4)The Board, following the investigation the Board considers necessary, including the holding of a hearing where the Board considers one is desirable, may

(a) deny the application,

(b) approve the application, or

(c) set other maximum delivery costs that the Board considers appropriate in the circumstances.

13(5)A change ordered under subsection (4) takes effect on the date set out in the order.

Adjusting full service charges

2007, c.35, s.10

13.1(1)A retailer who sells motor fuel may make an application to the Board to adjust the maximum full service charge that may be charged by retailers to consumers who purchase motor fuel on a full service basis.

13.1(2)An application under subsection (1) shall set out the following:

(a) the proposed change in the maximum full service charge;

(b) the reasons for the proposed change;

(c) such other information that may be required by the Board or by regulation with respect to the application.

13.1(3)The onus is on the applicant to show that the proposed change in the maximum full service charge is justified.

13.1(4)The Board, following the investigation it considers necessary, including the holding of a hearing where it considers one is desirable, may

(a) deny the application,

(b) approve the application, or

(c) set another maximum full service charge that the Board considers appropriate in the circumstances.

13.1(5)A change ordered under subsection (4) takes effect on the date set out in the order.

2007, c.35, s.10

Adjustors

2022, c.55, s.1

13.2The Board shall set the cost of carbon adjustor and the market adjustor at any time the Board considers appropriate, using criteria and procedure as determined by the Board.

2022, c.55, s.1

Review by Board

14(1)The Board may, on its own motion, conduct a review of maximum margins, maximum delivery costs or the maximum full service charge to ensure that they are justified, and may order such margins, costs or charge to be adjusted after the review is completed.

14(2)The Board may, on the request of a wholesaler or retailer or on its own motion, review the suitability of the pricing mechanism for benchmark prices.

14(2.1)The Board may, on the request of a wholesaler or retailer or on its own motion, conduct a review of the cost of carbon adjustor to ensure that it is justified in light of the application of the Clean Fuel Regulations (Canada) or any other regulatory instrument made under the Canadian Environmental Protection Act, 1999 (Canada) and the Environmental Violations Administrative Monetary Penalties Act (Canada) and may order that the cost of carbon adjustor be adjusted after the review is completed.

14(2.2)The Board may, on the request of a wholesaler or retailer or on its own motion, conduct a review of the market adjustor to ensure that it is justified, having regard to current market conditions, and may order that the market adjustor be adjusted after the review is completed.

14(3)The Board shall, on the request of the Minister, review the suitability of the pricing mechanism for benchmark prices and shall provide the Minister with its recommendations on the matter.

2007, c.35, s.11; 2022, c.55, s.1

Price change

2019, c.3, s.2

15(1)If a change in taxation or change in fuel charges payable to the Crown in right of Canada causes a change with respect to the wholesale or retail price of a petroleum product, the Board shall be deemed to have issued an order approving the price resulting from the change in taxation or fuel charges on the date on which the change in taxation or fuel charges is to be effective.

15(2)This section applies only if the change in the wholesale or retail price of the petroleum product is wholly attributable to the change in taxation or fuel charges.

2019, c.3, s.3; 2022, c.55, s.1; 2023, c.17, s.192

Confidentiality

16(1)Where information obtained by the Board concerning the costs of a person in relation to the operations of the person that are regulated under this Act, or other information that is by its nature confidential, is obtained from such person in the course of performing its duties under this Act, or is made the subject of an inquiry by any party to any proceeding held under the provisions of this Act, such information shall not be published or revealed in such a manner as to be available for the use of any person unless in the opinion of the Board such publication or revelation is necessary in the public interest.

16(2)Notwithstanding subsection (1), the Board shall provide information to the Minister that it has obtained under any reporting requirements provided for under the regulations, upon the written request of the Minister.

Complaint hearing

Repealed: 2007, c.35, s.12

2007, c.35, s.12

17Repealed: 2007, c.35, s.13

2007, c.35, s.13

Powers of Board and members

Repealed: 2007, c.35, s.14

2007, c.35, s.14

18Repealed: 2007, c.35, s.15

2007, c.35, s.15

Engagement of experts

Repealed: 2007, c.35, s.16

2007, c.35, s.16

19Repealed: 2007, c.35, s.17

2007, c.35, s.17

Admissibility of evidence

Repealed: 2007, c.35, s.18

2007, c.35, s.18

20Repealed: 2007, c.35, s.19

2007, c.35, s.19

Investigation by Board

2007, c.35, s.20

21(1)The Board may, on its own motion or upon a complaint, conduct an investigation to determine whether a price being charged by a wholesaler or retailer for a type of petroleum product exceeds the maximum price set under this Act or whether the delivery costs or the full service charge being charged by a wholesaler or retailer, as the case may be, exceeds the maximum delivery costs or the maximum full service charge set under this Act.

21(2)When the Board, as a result of an investigation believes that a wholesaler or retailer has charged or is charging a price for a type of petroleum product that exceeds the maximum price set under this Act, or is charging in excess of the maximum delivery costs or the maximum full service charge set under this Act, the Board shall order the wholesaler or retailer to sell or offer for sale the type of petroleum product at a price not to exceed the price set by the Board or not to charge delivery costs or a maximum full service charge in excess of that set under this Act.

2007, c.35, s.21

Procedure

Repealed: 2007, c.35, s.22

2007, c.35, s.22

22Repealed: 2007, c.35, s.23

2007, c.35, s.23

Contempt

Repealed: 2007, c.35, s.24

2007, c.35, s.24

23Repealed: 2007, c.35, s.25

2007, c.35, s.25

Inspections

24(1)For the purpose of ensuring compliance with this Act and the regulations, the Board may, in writing, authorize a person to conduct an inspection under this section and that person may enter the premises of a wholesaler or retailer of petroleum products at reasonable times

(a) to determine whether

(i) the prices being charged by the wholesaler or retailer for petroleum products exceed the maximum prices set under this Act,

(ii) the delivery costs being charged by a wholesaler to a retailer or by a retailer to a consumer for the delivery of motor fuel exceeds the maximum delivery costs set under this Act,

(iii) the delivery costs being charged by a retailer to a consumer for the delivery of heating fuel exceeds the maximum delivery costs set under this Act, or

(iv) the full service charge charged by a retailer to a consumer exceeds the maximum full service charge set under this Act,

(b) to require the production of books, records or other documents applicable to the sale and delivery of heating fuel or motor fuel and to examine those books, records or documents or remove them for the purpose of making copies of them, and

(c) to inquire into all matters relating to the sale by the wholesaler or retailer of heating fuel or motor fuel.

24(2)Where a person authorized by the Board under subsection (1) removes books, records or other documents under paragraph (1)(b), he or she shall give to the person from whom those items were taken a receipt for those items and shall make copies of those items and return the originals to the person who was given the receipt without delay.

24(3)No person shall obstruct a person who is authorized by the Board to act under subsection (1) and who is carrying out or attempting to carry out an inspection under subsection (1), or withhold or destroy or conceal or refuse to furnish any information or thing required by the person authorized for the purposes of the inspection.

24(4)No person shall knowingly make a false or misleading statement, either orally or in writing, to a person authorized by the Board to act under subsection (1) while that person is engaged in carrying out his or her duties under this Act or the regulations.

2007, c.35, s.26

Cost of hearings

25An applicant to the Board for a change to the maximum margin, a change to the maximum delivery costs or the maximum full service charge shall pay the full costs of any hearing, as assessed by the Board and within the period determined by the Board.

2007, c.35, s.27

Regulatory charges

26(1)A wholesaler as defined in the Gasoline and Motive Fuel Tax Act shall pay annually to the Board the levy prescribed by regulation for the following purposes:

(a) defraying the expenses incurred by the Board under this Act; and

(b) defraying the expenses incurred by the Public Intervener for the Energy Sector as a result of a review conducted by the Board under subsection 14(1).

26(2)The levy shall be based on the volume of gasoline and motive fuel, as defined under the Gasoline and Motive Fuel Tax Act, or such of those products as are designated by regulation, whether or not the product is subject to regulation under this Act, that is sold by a wholesaler, as defined in the Gasoline and Motive Fuel Tax Act.

26(3)Annually, a committee composed of the following persons shall review the amount of the levy and may recommend to the Minister that the amount be adjusted:

(a) the Chairperson of the Board;

(b) the Vice-Chairperson of the Board;

(c) the Deputy Attorney General; and

(d) the Deputy Minister of Natural Resources and Energy Development.

26(4)The committee shall consider the following information and criteria when determining whether an adjustment to the amount of the levy is appropriate:

(a) trends in the annual volumes of gasoline and motive fuel sold in the Province;

(b) the potential for and complexity of future reviews conducted by the Board under section 14;

(c) the estimated expenses that will be incurred by the Board under this Act and by the Public Intervener for the Energy Sector as a result of a review conducted by the Board under subsection 14(1);

(d) the requirement to maintain a contingency reserve of the levies paid; and

(e) any other information or criteria that the committee considers appropriate.

26(5)The Minister may recommend to the Lieutenant-Governor in Council that the amount of the levy be adjusted in accordance with the recommendation of the committee.

2013, c.28, s.18; 2016, c.37, s.139; 2019, c.29, s.199

Start-up costs

27(1)In this section, “start-up costs” means those expenses the Board incurs between the coming into force of this section and March 31, 2007, and which, in its opinion, it would not normally incur once this Act has been in force for a reasonable time.

27(2)The Board may recover its start-up costs by assessing wholesalers directly over the period it shall determine and shall notify each wholesaler by registered mail of the amount so assessed upon it.

27(3)A wholesaler shall, on receipt of a notice under this section, pay the assessed amount to the Board within 30 days after the posting of the notice.

27(4)The amount recovered by the Board under subsection (2) shall be remitted to the Minister of Finance and Treasury Board.

2019, c.29, s.116

Recovery of costs, levies, assessments

28Where any person fails to pay the amount or any portion of the costs assessed under section 25, the levy imposed under section 26, or the start-up costs assessed under section 27, the Board may make an order requiring the payment and file the order with The Court of King’s Bench of New Brunswick, and the order, on filing, shall have the same force and effect as an order of the Court.

2023, c.17, s.192

Offences

29(1)A person who violates or fails to comply with a provision of this Act that is listed in Column I of Schedule A commits an offence.

29(2)For the purposes of Part II of the Provincial Offences Procedure Act, each offence listed in Column I of Schedule A is punishable as an offence of the category listed beside it in Column II of Schedule A.

29(3)Subject to subsection (4), a person who violates or fails to comply with a provision of the regulations commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category B offence.

29(4)A person who, having been required to provide information under the regulations, knowingly provides false information, commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.

29(5)A person who violates or fails to comply with an order of the Board commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.

2007, c.35, s.28

Continuing offence

30Where an offence under this Act continues for more than one day,

(a) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues, and

(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues.

Contract may not exclude application of orders

31A provision, term or condition in an agreement or contract that provides that the contract is terminated or that a wholesaler or a retailer is permitted or authorized to reduce, limit or cease to supply a petroleum product on the ground that an enactment or an order or decision of the Board or Minister prevents a price or change in the price from being effective is of no force and effect.

Administration of Act

32The Minister is responsible for the administration of this Act.

Regulations

33The Lieutenant-Governor in Council may make regulations

(a) exempting such petroleum products or types of petroleum products and mixtures from the application of this Act or any provision of this Act or from the regulations or any provision of the regulations, subject to such terms and conditions as the Lieutenant-Governor in Council considers appropriate;

(a.1) exempting retail outlets that sell motor fuel, specifically or by class, from the application of this Act or the regulations or any provision of this Act or the regulations, subject to such terms and conditions as the Lieutenant-Governor in Council considers appropriate;

(b) respecting the criteria to be employed by, and the procedure to be followed by, the Board in establishing the benchmark prices for petroleum products or types of petroleum products;

(c) respecting the criteria to be employed by, and the procedure to be followed by the Board in adjusting the maximum wholesale and retail prices for petroleum products or types of petroleum products, maximum margins, maximum delivery costs and the maximum full service charge;

(c.1) respecting the information that may be considered by the Board in setting the cost of carbon adjustor and the market adjustor;

(d) respecting the holding of a hearing or the conduct of a review by the Board;

(e) respecting the manner of informing wholesalers or retailers of changes in any maximum wholesale and retail prices, maximum margins or maximum delivery costs or the maximum full service charge set under this Act;

(e.1) specifying persons for the purposes of subsections 3(3) and 5(3);

(f) respecting the information to be provided to the Board by a wholesaler or a retailer;

(g) respecting the display to the public by a retailer of the prices at which the retailer sells or offers to sell motor fuel;

(h) prescribing the levy to be paid under section 26 and respecting the manner, method and time of payment of the levy and designating the products or types of products upon which the levies shall be paid;

(i) respecting the publishing of maximum retail and wholesale prices , maximum delivery costs and the maximum full service charge for petroleum products by the Board;

(j) respecting the retention of books, records or other documents by a wholesaler or retailer;

(k) defining terms used but not otherwise defined in this Act;

(l) generally for the better administration of this Act.

2007, c.35, s.29; 2022, c.55, s.1

Repeal

34(1)The Gasoline, Diesel Oil and Home Heating Oil Pricing Act, chapter G-3.1 of the Acts of New Brunswick, 1987, is repealed.

34(2)New Brunswick Regulation 88-216 under the Gasoline, Diesel Oil and Home Heating Oil Pricing Act is repealed.

Commencement

35(1)This Act, other than subsections 7(3) and (4), comes into force on July 1, 2006.

35(2)Subsections 7(3) and (4) come into force on a day to be fixed by proclamation.

SCHEDULE A

Column I Section		Column II Category of Offence
Column I Section		Column II Category of Offence

	6..............		E
	7(1)..............		E
	7(3)..............		E
	8..............		E
	9(1)..............		E
	9(2)..............		E
	9(3)..............		E
	9(4)..............		E
	9(5)..............		E
	9(6)..............		E
	24(3)..............		E
	24(4)..............		E

2007, c.35, s.30

N.B. Subsections 7(3) and 7(4) of this Act were proclaimed and came into force November 30, 2015.

N.B. This Act is consolidated to December 13, 2024.

P-8.05 - Petroleum Products Pricing Act

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