Order No. P.971014-1
IN THE MATTER of Section 46 of the Petroleum Products Act, R.S.P.E.I. 1988, Cap. P-5.1
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IN THE MATTER of alleged non-compliance by Dale and Lorne Larkin with Section 30(b) and Regulation No. 25 of the Petroleum Products Act, supra, in respect of the operation of the Cavendish Marina and Beach Resort, Bayview, P.E.I. operating under Petroleum Products License No. D7382-00.
Tuesday, the 14th day of October, A.D., 1997
BEFORE
Ginger Breedon, Vice-Chairman
Anne McPhee, Commissioner
Decision and Order
Pursuant to a Notice of Hearing dated 9 September 1997, Dale Larkin appeared before the Island Regulatory and Appeals Commission at 9:30 a.m. on THURSDAY, the 9th day of OCTOBER, A.D., 1997, at the Hearing Room of the Commission, 5th Floor, 134 Kent Street, Charlottetown, Queens County, Prince Edward Island with respect to alleged violations of the Petroleum Products Act at the Cavendish Marina and Beach Resort located at Bayview, Prince Edward Island.
It was alleged by Petroleum Division Staff that on 28 August 1997 the operation of the motor fuels outlet known as the Cavendish Marina and Beach Resort was in violation with Section 30 (b) and Regulation No. 25 of the Petroleum Products Act, as follows:
On 28 August 1997, the pump price of premium unleaded gasoline had a markup of 7.9 cents per litre.
On 28 August 1997, it was noted that a dual-nozzle pump bearing serial NO. K716977 had been installed contrary to Regulation No. 25 of the Petroleum Products Act.
Exhibits E-1 to E-10 were entered into the record by Harry MacDonald, who also gave evidence on behalf of the Petroleum Division. Evidence was also given by Dale Larkin on behalf of the Respondent. Mr. MacDonald reported the results of his inspection on 28 August 1997 which resulted in the Notice of Hearing being issued.
Mr. Larkin acknowledged the testimony given by Mr. MacDonald in respect of the alleged violations. He did, however, also express concern about the fact that there are price controls in place and that small retail operations could not charge more markup and, as a result, did not have the same ability as large operations to generate earnings. He felt this unfair.
Following the hearing, the panel met to review the evidence presented. The Commissioners determined that a financial penalty of Four Hundred Dollars ($400.00) would be appropriate in these matters, and imposed said penalty pursuant to Section 41 of the Petroleum Products Act, as set out in the attached Order.
Order
IT IS THEREFORE HEREBY ORDERED
. THAT a financial penalty of Four Hundred Dollars ($400.00) be paid to the Commission within fifteen days of the issuance of this Order by Cavendish Marina and Beach Resort Inc. relating to the aforesaid breaches which occurred at the Cavendish Marina and Beach Resort, currently operating under Petroleum Products License No. D7382-00 issued under the Petroleum Products Act by the Commission on 21 May 1997.1
DATED at CHARLOTTETOWN this 14th day of OCTOBER, A.D., 1997.
BY THE COMMISSION:
Vice-Chairman
Commissioner
Notice
Section 58 of the Petroleum Products Act reads as follows:
58. Where any person has the status of a party or is an intervenor in any hearing before the Commission, he is entitled
(a) to appeal the decision of the Commission to the Appeal Division; and
(b) to participate as a party in the hearing of an appeal
and an appeal shall be on a question of law or jurisdiction only and be governed by section 13 of the Island Regulatory and Appeals Commission Act.
Sections 13.(1) and (2) of the Island Regulatory and Appeals Commission Act provide as follows:
13.(1) An appeal lies from a decision or order of the Commission to the Appeal Division of the Supreme Court upon a question of law or jurisdiction.
(2) The appeal shall be made by filing a notice of appeal in the Supreme Court within twenty days after the decision or order appealed from and the Civil Procedure Rules respecting appeals apply with the necessary changes.