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Ticket Speculation Act

ONTARIO REGULATION 151/15

EXEMPTIONS

Historical version for the period June 18, 2015 to June 30, 2015.

Note: THIS REGULATION IS NOT YET IN FORCE. It comes into force on July 1, 2015.

No amendments.

This is the English version of a bilingual regulation.

Exemption from s. 2 of the Act, validation or guarantee

1. (1) A person who sells or disposes of a ticket at a higher price than that at which it was first issued, or who endeavours or offers to do so, is exempt from clause 2 (a) of the Act if the ticket sale meets or would meet the requirements of subsection (4).

(2) A person who purchases or attempts to purchase tickets with the intention of reselling them at a profit is exempt from clause 2 (b) of the Act if the person intends to resell or dispose of the tickets in a manner that would meet the requirements of subsection (4).

(3) A person who purchases or offers to purchase tickets at a higher price than that at which they are advertised or announced to be for sale by the primary seller is exempt from clause 2 (b) of the Act if the person purchases or offers to purchase the tickets in a manner that meets or would meet the requirements of subsection (4).

(4) The requirements referred to in subsections (1), (2) and (3) are met if one of the following conditions is met:

1. A secondary seller provides a guarantee to the purchaser of a full refund if,

i. the event that the ticket provides admission to is cancelled before the ticket can be used,

ii. the ticket does not grant the purchaser admission to the event or venue for which it was issued, unless this failure is due to an action taken by the primary seller or venue after the ticket is sold or disposed of,

iii. the ticket is counterfeit, or

iv. the ticket does not match its description as advertised or as represented to the purchaser by or through the secondary seller.

2. Immediately before the ticket is sold or disposed of, the person who intends to sell or dispose of the ticket arranges for the primary seller to provide confirmation, either directly or through an intermediary, to the ticket purchaser that the ticket is valid. The confirmation must be provided through a service that offers to confirm for any person in Ontario, for free or for a single, standard fee, whether or not a ticket that was originally sold by the primary seller is valid.

Exemption from s. 2 of the Act, service charge included in price

2. (1) A person who sells or disposes of a ticket at a higher price than that at which it was first issued, or endeavours or offers to do so, is exempt from clause 2 (a) of the Act if the higher price exceeds that at which the ticket was first issued by an amount that is equal to or less than any additional service charge that the original purchaser paid for the issuance of the ticket.

(2) A person who purchases or offers to purchase tickets at a higher price than that at which they are advertised or announced to be for sale by the primary seller is exempt from clause 2 (b) of the Act if the higher price exceeds that at which the ticket was first issued by an amount that is equal to or less than any additional service charge that the original purchaser paid for the issuance of the ticket.

3. Omitted (provides for coming into force of provisions of this Regulation).